Frequently asked questions
Click the following links to download PDFs of our current FAQs.
Good Privacy is Good Business
- a brochure about privacy practises for your business.
NZ Postal Code Changes FAQs
Public Holidays and Christmas/New Year Close Downs 2008 / 2009
Holiday Act Annual
Leave Changes 2007 FAQ's
KiwiSaver FAQs
Or read the information below.
| how do i register a business | is there any funding for starting up a business? | am i eligible for a business mentor? | i want advice on importing/exporting | how do i protect a name or product? | what do i need to include in an employment contrac | what can i do if a company i do business with appe | how much do i need to earn before i need to become | who do i speak to about buying a business? | on which days of the year are shops prohibited fro | can shops open on restricted days? |
How do I register a business?
In order to be incorporated under the Companies Act 1993, a company must have:
- A name which has been reserved by the Registrar of Companies
- At least one share
- At least one shareholder
- At least one director
- A registered office
- An address for service
To register a business, you need to contact the Companies Office. The Companies
Office is a business unit of the Ministry of Economic Development. You can call
them on 0508 266 726 (0508 COMPANIES) or email webmaster@companies.govt.nz.
You can also make your application online at
www.companies.govt.nz.
(Incorporating a Company - A Guide to Incorporating a Company under the Companies
Act 1993).
It is important to note that not everybody needs to form a company to go into
business. In some situations, it can be more suitable to operate as a sole trader
or in a partnership.
A sole trader manages their own business and is responsible for all the business's
income and debts. If you're a sole trader you don't pay yourself a wage, rather
you take "drawings" from the business when you need it for personal
use. (Inland Revenue, Smart business, An introductory guide for businesses and
non-profit organisations, IR320, June 2001).
In a partnership, the partnership doesn't pay tax on its income or profit,
nor do the partners pay tax on any regular weekly or monthly drawings they take.
Instead, at the end of each year, the net profit is shared in full between the
partners. The partners then pay income tax on their share of the profit in their
individual tax returns, along with any other income they have. (Inland Revenue,
Smart business, An introductory guide for businesses and non-profit organisations,
IR320, June 2001).
To work out the best option for your business, we recommend you talk to a
chartered accountant.
Is there any funding for starting up a business?
BIZenterprise awards assist businesses and entrepreneurs with
the development of well-defined projects and concepts. The project must have
commercial potential and lead towards the creation of a new business or the
expansion of an existing one. The awards can assist with up to $20,000 (GST
inclusive) for qualifying costs and contracting external advisors who can provide
expert knowledge critical to the project's success. The guidelines and the
proposal form can be obtained by calling BIZinfo (0800 42 49 46).
BIZinvestment ready is targeted at innovative businesses and
entrepreneurial New Zealanders who need funds to expand, diversify or commercialise
a new concept. The maximum amount able to be raised is $5 million; no lower
limit exists. Assistance will be given to projects with strong potential to
attract investment. For more information call 0800 82 27 48 (0800 VCAPITAL),
email info@vcapital.co.nz or visit
the website at www.vcapital.co.nz.
The Women's Loan Fund is an alternative lending agency for
women. It is designed by women, for women. The fund is able to provide small
interest free loans to women for business assistance. Phone Marilyn Simkin
(04) 499 6691 or email women-loan.fund@xtra.co.nz.
The Pacific Business Trust offers venture funding to Pacific
people who are either starting up a business or expanding an existing business.
Secured loans are available at up to $100,000. The interest rate is negotiated
on a case-by-case basis. For further information call 0800 287 7526 or visit
their website www.pacificbusinesstrust.co.nz.
Am I eligible for a business mentor?
The Business Mentor Programme makes available, free of charge, the skills and
experience of people who have proven themselves successful in business. The
programme offers expertise in all areas of business management. Client and mentor
are matched depending on expertise sought, parties then meet to talk about the
clients business.
Anyone can have a mentor who has been in business six months or more and who
employs less than 25 staff. The reason you must have been in business for at
least six months is so you have had time to identify the areas you would like
to improve.
For more information call 0508 103 400, email bitc@bitc.co.nz
or visit www.businessmentor.org.nz.
I want advice on importing/exporting
There are several options for more advice on importing or exporting:
The Auckland Chamber of Commerce has an international department whose role
is to foster closer economic and cultural international trading relationships.
As a member of the Auckland Chamber you have access to the worldwide network
with more than 22,000 Chambers. The Chamber provides free advice for importers
and exporters, trade specific networking events, trade research and documentation,
trade forums and advocacy.
You can contact the Auckland Chamber of Commerce on 09 309 6100
or email bglobal@chamber.co.nz
New Zealand Customs Service is a government body you can contact to find
out about the rules and requirements for goods arriving in or leaving New
Zealand. For more information call 0800 428 786 (0800 4 CUSTOMS), email feedback@customs.govt.nz,
or visit their website www.customs.govt.nz.
Trade New Zealand works in partnership with businesses to overcome challenges
and achieve success in export markets. Trade New Zealand can provide you with
information to help you through different stages of the export process as well
as opportunities to help you identify leads and market potential and turn those
into sustainable profits.
For more information call 0800 555 888 or visit their
website www.tradenz.govt.nz.
How do I protect a name or product?
To protect your intellectual property, you need to contact the Intellectual
Property Office. They are responsible for the administration of trademarks,
patents and design Acts.
A trademark is a means of identification - a sign which businesses use to
make their products or services readily distinguishable from other traders'
products and services. (Protect your ideas, Intellectual Property Office).
A patent is granted for a new product or manufacturing process, or for an
improvement to an existing product or process. The granting of the patent gives
the owner the exclusive right to make, use or sell the invention for a period
of up to 20 years provided the renewal fees are paid. (Protect your ideas, Intellectual
Property Office).
A registered design protects the appearance of a physical object. Design protection
does not include the materials the product is made of, how the product is made
or its purpose. Protection will only cover the objects shape and any decorative
ornamentation that appears on it.
For more information call 0508 447 669 (0508 4 IPONZ), email iponz@iponz.govt.nz
or visit the Intellectual Property Office
www.iponz.govt.nz.
What do I need to include in an employment contract?
Creating a contract
We have found that many of our members believe creating an employment contract
is a complex and time consuming process, so the Chamber has put together two
options to help members create their own contracts quickly and easily. These
two options provide guidance to employers and employees on what content to
use in the creation of individual full or part time employment agreements.
Remember this information is a starting point for creating a contract that
best suits your company needs and we advise that you consult an employment
lawyer or HR consultant before finalising your contracts.
The first option is to download the template of a generic individual contract
we have created and simply fill in the blanks. This template uses a standard
employment contract and parts of it can be filled in, adjusted or removed depending
on your company and contract specifics. We have also provided a generic staff
handbook template that has been designed to be used in conjunction with the
contract as a reference tool for communicating, in more detail than the contract
does, company information, policies and procedures to employees.
The second option is to visit the Department of Labour's website and use their
'Employment Agreement Builder' tool which allows you to tailor a contract literally
at the click of a few buttons. The site also provides examples of covering
letters to help employers meet the requirements of the Employment Relations
Act when offering employment.
Click on the following link to go to the Department of Labour's Employment
Agreement Builder
www.ers.dol.govt.nz/relationships/builder
If you require a more in-depth or specific contract we suggest you consult an
HR company such as Hughes Direct. You can contact Kathy Hughes for more advice
by emailing info@hughesdirect.com .
What can I do if a company I do business with appears to have misled me?
Visit the Commerce Commissions site
www.comcom.govt.nz.
This site has a full copy of The Fair Trading Act. For more information contact
the Commerce Commission on 0800 94 3600, email contact@comcom.govt.nz.
How much do I need to earn before I need to become GST registered?
If your business turnover (sales and income) for the last 12 months was $40,000
or more, or you expect turnover for the next 12 months to be over this threshold,
you must register for GST. (Inland Revenue, Smart business, An introductory
guide for businesses and non-profit organisations, IR320, June 2001).
To register for GST, you need to complete a GST registration (IR 365) form.
You can order one of these forms by calling Inland Revenue INFOexpress line
0800 257 773 of view their website
www.ird.govt.nz.
Who do I speak to about buying a business?
We recommend you first do some research into the type of industry you are interested
in buying into. For example you may like to go to Statistics New Zealand?s website
www.stats.govt.nz. You may
also like to talk to your local commercial real estate agent. Once you have
decided on the type of business you would like to buy, contact BIZinfo 0800
424 946 (0800 4 BIZ INFO) or go to their website
www.bizinfo.co.nz.
Bizinfo will be able to provide you with information on how to set up your own
business.
On which days of the year are shops prohibited from opening?
Retailers can choose their own opening hours, without restriction, for every
day of the year, other than on 3 restricted days.
Shops MUST close on:
- Christmas Day
- Good Friday
- Easter Sunday
- Until 1.00pm on Anzac Day
There are a few exceptions.
Can shops open on restricted days?
Yes, but only some. These are:
Shops, such as dairies and service stations, selling:
- Food
- Drink
- Household items
- Personal items
- Automotive fuel, lubricant, parts, or accessories
Even if your shop normally sells any of these items, this still does not automatically
mean they can open. You must also be sure that:
- Most of the goods for sale in your shop must be of a kind that people may
reasonably need to be able to buy at any time and
- The quantity of goods for sale must be no greater than that sufficient to
meet the demands of the people who are living, staying or travelling through
the area.
Shops selling mainly:
- Souvenirs
- Duty-free goods
- Foods ready to be eaten
- Bookstalls at public passenger transport terminals
- Pharmacies
- Shops at genuine exhibitions and shows
- Garden Centres may open on Easter Sunday only
No other shops can open and trade.
For further advice or assistance, call the Chamber Advice Line on 0800 CHAMBER
or visit the Dept of Labour website at
www.ers.dol.got.nz.
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