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In this episode of our Election 2026 Senior Associate Mark Calderwood is joined by Special Counsel, Daniel Fielding to unpack the mechanics of New Zealand's electoral system and what happens after ballots are cast. They discuss who can vote, recent changes to enrolment rules, advance and special voting, and how provisional election night results become official results. Mark and Daniel also explore the checks, safeguards and scrutiny built into the counting process, the impact special votes can have on the final outcome, and the legal mechanisms available to challenge election results, including recounts and election petitions, demonstrating how these processes help maintain confidence in New Zealand's electoral system.
[00:09] Mark Calderwood and Daniel Fielding introduce the episode's focus on the practical mechanics of New Zealand elections, covering how votes are cast, counted and, if necessary, challenged after polling day.
[01:05] Daniel explains the basic eligibility requirements for voting, including citizenship and residency criteria, while outlining the limited circumstances in which otherwise eligible individuals may be unable to vote.
[02:03] The discussion turns to voting from overseas, with Daniel outlining the requirements for New Zealand citizens and permanent residents living abroad who wish to participate in the election.
[02:18] Mark examines recent changes to enrolment rules, including the introduction of a cut-off date before polling day. He discusses the rationale behind the reform and the debate surrounding its potential impact on voter participation.
[05:11] Next Mark and Dan explore the growth of advance voting and the increasing flexibility it offers voters. They also discuss employers' obligations to provide reasonable time for eligible employees to cast their votes when necessary.
[06:33] Daniel reflects on how extended advance voting periods have changed the significance of polling day itself. Mark and Daniel revisit some of the restrictions that apply on polling day, including limits on campaigning and voter influence near polling places.
[08:07] Mark highlights the growing popularity of advance voting, while Daniel explains special votes and the circumstances in which they are required, including for voters who have moved electorates, are overseas or cannot vote under ordinary arrangements.
[09:34] The discussion shifts to election night results. Mark outlines how provisional results are released, why advance votes feature prominently in early counts, and why final results often remain relatively consistent despite further verification processes.
[11:57] Daniel explains the role of scrutineers and the multiple layers of checking that occur after polling closes, moving to discuss how the Electoral Commission cross-checks votes against electoral rolls to help protect the integrity of the election process.
[13:46] Mark examines how official counts and special votes can influence final outcomes, particularly in closely contested electorates. Using recent examples, they demonstrate how small shifts can affect individual seats and the overall composition of Parliament.
[16:07] Daniel explains how official election results are declared, including the publication of legal notices, the allocation of list seats, and the constitutional significance of the writ as the document that formally records elected representatives.
[18:52] The conversation concludes with a detailed look at recounts and election petitions. Daniel outlines the different types of recounts available, while Mark discusses notable historical challenges to election results, illustrating how these mechanisms safeguard confidence in New Zealand's democratic institutions.

Information in this podcast is correct as at the date of recording, 9 June 2026.
 
Please contact Daniel Fielding, Mark Calderwood or our Public law team, if you need legal advice and guidance on any of the topics discussed in this episode.
Don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts.
You can also email us directly at website.enquiries@minterellison.co.nz and sign up wot receive election updates via your inbox here. 
For show notes and additional resources visit minterellison.co.nz/podcasts

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In this episode, Partner Tom Maasland and Special Counsel Sonya Forbes from our Technology team discuss how to set technology transformation projects up for success from the outset. Drawing on lessons from major New Zealand public sector technology transformation projects, they explore the practical, commercial and legal steps organisations can take to improve outcomes and reduce the risk of cost overruns, delays and disputes.
[01:12] Sonya discusses the recent Immigration New Zealand's Biometric Capability Update (BCU) project and how it illustrates the challenges of large-scale technology transformations. Sonya and Tom then discuss incentive misalignment, where organisations rush to start projects to save time and money, often creating the conditions for greater delays, costs and failures further down the track.
[03:19] Tom and Sonya examine lessons from major New Zealand public sector technology transformation projects, including the Ministry of Education’s NovaPay payroll system, the Department of Corrections' rostering system for prisons, Immigration New Zealand’s BCU project and the Inland Revenue Department's successful business transformation. Through these examples they explain how the project outcomes are often ultimately shaped by decisions made well before implementation begins. 
[05:28] Sonya discusses the importance of leverage and timing when negotiating with suppliers. She explains why competitive tension in the procurement processes, market testing and preserving negotiating leverage are critical, and cautions against rushing contracts to meet arbitrary deadlines or leaving key issues to be resolved later.
[08:01] Tom and Sonya explore the importance of aligning business requirements with the chosen technology solution through key three pillars; consultation, discovery and validation. In terms of consultation, Sonya highlights how poorly defined requirements, limited stakeholder engagement and inadequate resourcing can lead to costly customisation and change requests.
[12:05] Sonya explains the role of discovery exercises, supplier due diligence and validation gates in ensuring a solution is fit for purpose. She outlines why organisations should assess product suitability early, identify gaps, retain contractual off-ramps and undertake rigorous testing and supplier due diligence before moving into implementation or production.
[18:12] Lastly, they consider some key legal mechanisms that should be built into technology contracts, including warranties for supplier representations. Using the Chief Executive of the Department of Corrections v Fujitsu New Zealand Limited [2023] NZHC case as an example, they reinforce the value of upfront planning and due diligence in avoiding costly disputes and project failures, whether in the public or private sector.

Information in this episode is accurate as at the date of recording, 19 August 2026.

Please contact Tom Maasland, Sonya Forbes or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.
And don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at techsuite@minterellison.co.nz and sign up to receive technology updates via your inbox here.

Additional resources 
Tech Suite | Managing troubled tech projects
Review of the Biometrics Projects (Biometric capability update, BCCU and IPE projects) – April 2026
Transforming Inland Revenue Report – June 2022
Report of the Ministerial Inquiry into the Novopay – June 2013
Department of Corrections case – Chief Executive of the Department of Corrections v Fujitsu New Zealand Limited & Anor [2023] NZHC 3598
For show notes and additional resources visit minterellison.co.nz/podcasts

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In this follow-on episode, Technology Partner Tom Maasland and Senior Associate Jess Bremner from our Corporate and Commercial team revisit their August 2025 discussion on New Zealand's data centre opportunity.
Drawing on insights from the recent Data Centre Leaders’ Summit, they explore how the conversation has shifted from identifying New Zealand's competitive advantages to considering how the country might realise its potential as a digital infrastructure hub, and the possible economic, infrastructure and societal benefits for future generations.
[00:20] Jess explains how the conversation has shifted significantly over the past year. Rather than debating whether New Zealand is an attractive destination for digital infrastructure investment, the focus is now on how the country might respond to growing AI-driven demand while supporting productivity, resilience, connectivity and economic development.
[02:32] Tom and Jess discuss why social licence emerged as a major theme at the New Zealand Data Centre Leaders Summit, highlighting the need for greater public understanding of societies reliance on data centres, transparency around power, water and land use, and the importance of demonstrating clear community benefits through jobs, investment and broader economic outcomes.
[03:54] Jess discusses some common concerns regarding data centre resource consumption and job creation. She notes that modern facilities are becoming increasingly efficient, that New Zealand's climate may provide certain operational advantages, and that while permanent employment numbers may be lower than in some traditional industries, data centres can create specialist operational roles and significant construction-related employment.
[05:27] Tom and Jess then discuss the growing importance of data centres as critical infrastructure underpinning modern economies, as well as the role of digital resilience as countries become increasingly dependent on technology and infrastructure beyond their borders.
[07:00] They consider how the broader opportunity may extend beyond the facilities themselves, with data centre investment potentially supporting renewable energy generation, infrastructure and connectivity improvements, regional development and workforce capability.
[08:38] Lastly, Jess reflects on the investment and digital infrastructure opportunities, as well as the increasingly sophisticated partnerships emerging across the sector. She discusses how collaboration between developers, energy providers, investors, technology companies and iwi may support the development of New Zealand's digital infrastructure while contributing to regional growth and digital resilience.

Information in this episode is accurate as at the date of recording, 26 August 2026.

Please contact Tom Maasland, Jess Bremner or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.
And don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at techsuite@minterellison.co.nz and sign up to receive technology updates via your inbox here.

Additional resources
Tech Suite | New Zealand as the next data centre frontier
From potential to progress: How can New Zealand realise its data centre opportunity?
Data Centre Leaders Summit New Zealand | 12th August 2026
For show notes and additional resources visit minterellison.co.nz/podcasts

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In this episode, Senior Associates Alex Church and Oliver Sutton discuss how artificial intelligence is transforming litigation practice. They explore emerging disclosure requirements, the risks associated with AI-generated content, the growing prevalence of deepfakes, and the practical ways AI is improving efficiency for lawyers, courts and businesses.
[00:05] Alex and Oliver introduce the key developments shaping AI's role in litigation. They discuss emerging disclosure obligations in New Zealand and overseas, recent court guidance, and why businesses should be paying close attention to changing expectations around AI governance and accountability.
[05:06] The discussion turns to the growing use of AI by self-represented litigants and the challenges this creates for courts and opposing parties. They include several New Zealand cases involving fabricated authorities and hallucinated case law, along with the Supreme Court's warning that misuse of AI in legal proceedings can have serious consequences.
[07:58] Alex and Oliver review recent overseas cases where lawyers have faced fines, disciplinary action and even disqualification for relying on AI-generated content without proper verification. They emphasise that responsibility extends beyond junior lawyers to supervising practitioners and law firms as a whole.
[12:05] Oliver highlights how AI-generated evidence and the increasing risk posed by deepfakes in both commercial and personal disputes. Exploring examples from New Zealand and overseas and explain why authentication and verification of electronic evidence are becoming critical components of dispute resolution.
[14:24]  Alex and Oliver highlight the significant efficiencies AI can deliver when used appropriately. They discuss applications including document review, case assessment, disclosure analysis, legal strategy testing and improving access to justice, all while stressing the importance of human oversight and professional judgment.
[17:27] They share three practical recommendations: stay informed about developing disclosure requirements, take deepfake risks seriously through strong governance and verification processes, and embrace AI where it meaningfully improves efficiency and outcomes. The overarching message is clear: AI is a powerful tool, but accountability remains with the user.
 
Information in this episode is accurate as at the date of recording, 3 August 2026.
 
Please contact Alex Church, Oliver Sutton or our Litigation team if you need any legal advice and guidance on any of the topics discussed in the episode. 
And don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at website.enquiries@minterellison.co.nz and sign up to receive litigation updates via your inbox here. 
For show notes and additional resources visit minterellison.co.nz/podcasts

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In this episode, employment partners Gillian Service and Megan Evans revisit their earlier discussion on the proposed reforms and compare those expectations against the final legislation. They unpack what has changed, what has stayed the same, and the practical steps employers should be taking now to prepare for implementation.
[00:30] Gillian and Megan reflect on their previous discussion about the proposed reforms and explain that most of the anticipated changes have made their way into the final Act. They recap the key themes from the earlier Bill and identify the refinements introduced during the legislative process.
[02:03] Megan explains the shift from weeks-based annual leave to an hours-based accrual system. The pair discuss the increased flexibility for employees, the treatment of accrued leave balances during transition, and the ability for employees to cash out up to 25% of their annual leave balance each year.
[06:11] Gillian outlines how sick leave will accrue from day one of employment and be measured in hours rather than days. They discuss the implications for part-time employees, fixed-term workers and employees with multiple jobs, noting that while the overall entitlement remains broadly the same, the way it is calculated will change significantly.
[08:39] Gillian discusses the removal of six-month qualifying periods for bereavement leave and family violence leave. These entitlements will now be available from the start of employment, including for casual and fixed-term employees.
[09:10] Gillian and Megan examine the new public holiday framework and the revised "otherwise working day" test, including the use of a 13-week look-back period. They explain how the final legislation addresses concerns raised during the select committee process and why employers should review employment agreements and work patterns regularly.
[13:42] The discussion turns to employees who hold multiple roles with the same employer and the introduction of the notional roster concept. Megan explains how notional rosters will be used to calculate leave entitlements where working patterns are not clearly defined in employment agreements.
[16:36] Gillian highlights one of the major objectives of the reforms: simplifying leave payments. The pair discuss the move away from multiple Holidays Act calculations to a single hourly leave rate, the treatment of allowances, and the introduction of mandatory pay statements.
[19:50] Megan explains how the new Leave Compensation Payment regime will operate. They discuss the 12.5% payment applicable to additional and casual hours, why time off in lieu cannot be used as a substitute, and the payroll implications for employers.
[21:31] Gillian and Megan clarify the difference between standard hours, additional hours and casual hours under the Act. They emphasise that correctly categorising hours will be critical because leave entitlements and Leave Compensation Payments are calculated differently for each category.
[24:08] The two-year transition period is examined in detail. The pair discuss when the legislation will take effect, the interaction between employment agreements and the new minimum standards, and the risks of delaying preparation for implementation.
[28:07] Gillian summarises the conversation by identifying four practical priorities for employers: understanding workforce data, engaging with payroll providers early, preparing employee communications, and continuing Holidays Act remediation work. Gillian emphasises that organisations that begin preparing now will be better positioned for a smooth transition to the new regime.

Resources
Unpacking the Holidays Act Reform

Information in this episode is correct as at the date of recording, Wednesday, 19 2026.
 
Please contact Gillian Service, Megan Evans or our Employment law team if you need any legal advice and guidance on any of the topics discussed in this episode. And don’t forget to rate, review or follow MinterEllisonRuddWatts wherever you get your podcasts. You can also email us directly at website.enquiries@minterellison.co.nz and sign up to receive Employment law updates via your inbox here.
For show notes and additional resources visit minterellison.co.nz/podcasts