New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
annual holiday means an annual holiday provided under subpart 1 of Part 2
authorised representative, in relation to an employee, means a person who is authorised under section 236 of the Employment Relations Act 2000 to represent the employee
average weekly earnings means 1/52 of an employee’s gross earnings
bereavement leave means paid bereavement leave provided under subpart 4 of Part 2
employee has the same meaning as in section 6 (except subsection (1)(b)(ii)) of the Employment Relations Act 2000
existing collective agreement means a collective agreement that was entered into before 1 April 2004
existing employment agreement means an employment agreement that is entered into before 1 April 2004
existing individual employment agreement means an individual employment agreement that was entered into before 1 April 2004
former Act, in relation to the Injury Prevention, Rehabilitation, and Compensation Act 2001, has the same meaning as in section 6(1) of that Act
gross earnings has the meaning given to it by section 14
holiday—
(a) means—
(i) a paid annual holiday provided under subpart 1 of Part 2:
(ii) a paid public holiday provided under subpart 3 of Part 2; and
(b) includes any alternative holiday an employee is entitled to under section 56 or section 59
holiday and leave record means the record required to be kept under section 81
holiday pay—
(a) means pay for an annual holiday or a public holiday; and
(b) includes a payment an employee is entitled to under section 61
in advance,—
(a) in relation to an annual holiday, means an annual holiday taken by an employee before the entitlement to the holiday has arisen under section 16:
(b) in relation to sick leave or bereavement leave, means any sick leave or bereavement leave taken by the employee before the entitlement to the leave has arisen under section 63
leave pay means pay for sick leave or bereavement leave
ordinary weekly pay has the meaning given to it by section 8
partner, in the phrase “spouse or partner”
and in related contexts, means civil union partner or de facto partner
public holiday—
(a) means a day specified in section 44(1); and
(b) if there is a written agreement under section 44A,—
(i) includes a period of 24 hours agreed to be treated as a public holiday; but
(ii) excludes a part of a day specified in section 44(1) agreed to be treated as not part of a public holiday
relevant daily pay has the meaning given to it by section 9
sick leave means paid sick leave provided under subpart 4 of Part 2.
(2) In this Act, unless the context otherwise requires,—
(a) the terms Authority, court, department, employer, employment agreement, Labour Inspector, and union have the same meanings as in section 5 of the Employment Relations Act 2000; and
(b) any other term or expression that is used but not defined in this Act, but that is defined in the Employment Relations Act 2000, has the meaning given to it by that Act.
(3) In this Act, a reference to—
(a) an employee, in relation to an employer, means a person employed by the employer:
(b) an employer, in relation to an employee, means the employee’s employer.
Section 5(1) existing collective agreement: inserted, on 22 October 2004, by section 3 of the Holidays Amendment Act 2004 (2004 No 85).
Section 5(1) existing individual employment agreement: inserted, on 22 October 2004, by section 3 of the Holidays Amendment Act 2004 (2004 No 85).
Section 5(1) partner: inserted, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).
Section 5(1) public holiday: substituted, on 30 September 2008, by section 5 of the Holidays (Transfer of Public Holidays) Amendment Act 2008 (2008 No 103).
Section 5(1) spouse: repealed, on 26 April 2005, by section 7 of the Relationships (Statutory References) Act 2005 (2005 No 3).