Your guide to level three and three-

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Yesterday the government set out new guidelines for New Zealanders when we
move down from level four restrictions. While many people will be hoping that
this occurs next week, there is no guarantee of it. Nevertheless, it pays to be
prepared.

The loosening will be incremental

The prime minister was at pains to emphasise that any relaxation of

requirements will be partial only. In many respects, in fact, level three resembles
level four. People who can work from home will be required to work from home.
Those who can’t work from home can only be brought back to where it is safe for
them to do so.

This means that certain types of businesses, such as public facing bars and
restaurants, will be required to stay remain closed.

The detail is not clear

One of the biggest problems with the restrictions is that there is some
imprecision to them. Remember, even the government's own health minister
failed to apply the rules properly in the early stages of the lockdown. There is
always going to be room for interpretation and error and there will be some
uncertainty here too.

The government has asked that people do not push the envelope on what can
and cannot be done, however. Taking a maximalist approach to the application
do level three risks sending us back to level four. And nobody wants that.

So what do you need to do?

If you are going to resume working from your usual premises, there are certain
things you will need to do. Other things may not form part of your requirements
but will help head off legal trouble in the future.

Consider whether change is appropriate

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Make an assessment as to whether it is appropriate or desirable to change what
you are now doing. Everybody is keen for normalcy to return but don’t let that
desire get in the way of careful decision making. Remember, we all have to keep
“working differently” if that is something we are able to do. Even if you can open,
you’re still not allowed to interact with customers or have them on premises.

If it is, put safety first

You remain responsible for the health and safety of all those who visit your site.
This includes COVID 19 risk. If you’re going to resume business from your
workplace, you’re going to need to prepare and implement a COVID 19 specific
plan. Get help on preparing this.

Given how important contact tracing will be, you should keep a log of all visitors
who enters your workplace. Make sure you get phone numbers.

Continue a dialogue with your employees

Think carefully about how you will deal with employees who are concerned about
the possible health risk and don’t want to return even if they can’t work from
home. Consult with your employees about this with an open mind and come to
your advisors as soon as you have any hint of trouble. Getting employment law
advice before taking any action is an important way to save legal fees overall.

Consider your key business obligations

If you’ve negotiated an agreement with your landlord you may need to re-open
thag discussion about what happens if you can use some, but not all, of your
premises at level three. Make sure your agreement is recorded in writing.

Quickly get a grip on who your critical suppliers are, find out what they are doing
and take immediate steps to ensure ongoing supply from them.

Get the word out

Contact your customers and let them know what level three means for them. We
are all sick and tired of innumerable emails from every brand that has our email
address but you need to know your customers know how they will be affected.
Keep your message short, to the point and customer focussed. Don’t
overpromise!

Think ahead

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Start getting ready for level two. Eventually, we will come out of this. The
financial and economic landscape will be very different to life before the
landscape, however, and businesses that aren’t planning for that will be left
behind. Engage all key stakeholders in this discussion from your bank to your
shareholders to your key contractors. Get ready to hit the ground running.

Sadly, we can’t rule out a return to level four at this stage. Have a think about
what worked well for you during this lockdown and what could have gone better.
Review your plans to make sure you are as prepared as you can be for the worst-
case scenario.

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