162 Employees to have time off to vote

(1)

Subject to the provisions of this section, on the polling day at any election every employer shall allow every worker in his or her employment who is an elector of any electoral district in which the election is being held, and who has not had a reasonable opportunity of voting before commencing work, to leave his or her work for the purpose of voting not later than 3 o’clock in the afternoon for the remainder of the day, and it shall not be lawful for any employer to make any deduction from any remuneration payable to any such worker in respect of any time after the time of his or her leaving his or her work as aforesaid.

(2)

Where any such worker is required to work after 3 o’clock in the afternoon of polling day for the purpose of carrying on any essential work or service, his or her employer shall on that day allow the worker to leave his or her work for a reasonable time for the purpose of voting, and it shall not be lawful for the employer to make any deduction from any remuneration payable to the worker in respect of any time, not exceeding 2 hours, occupied in voting as aforesaid.

(3)

Every person commits an offence and shall be liable on conviction to a fine not exceeding $1,000 who contravenes subsection (1) or subsection (2).

(4)

Every master of a ship that happens to be in any port in New Zealand at the time of any general election or by-election in any district, at the request of any of the crew being registered or qualified to be registered as electors of that district, shall allow them to go ashore at a proper time to admit of their voting at the election; and every master who without reasonable cause commits any breach of this subsection shall be liable on conviction to a fine not exceeding $1,000.

(5)

For the purposes of this section,—

employer has the same meaning as in section 5 of the Employment Relations Act 2000

master, in relation to any ship, includes any person (except a pilot) having command or charge of the ship

worker has the same meaning as that given to employee in section 6 of the Employment Relations Act 2000.

(6)

This section shall bind the Crown.

Compare: 1956 No 107 s 98; 1990 No 1 s 48(1)

Section 162(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 162(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 162(5) employer: inserted, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).

Section 162(5) employer and worker: repealed, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).

Section 162(5) worker: added, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).