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Holidays Amendment Act 1983

Public Act		1983 No 126
Date of assent		16 December 1983

	Title
1	Short Title
2	Christmas and New Year holidays
3	When holidays to be taken
4	Inspection of holiday books
	Administrative information

An Act to amend the Holidays Act 1981

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:

1 Short Title

This Act may be cited as the Holidays Amendment Act 1983, and shall be read together with and deemed part of the Holidays Act 1981 (hereinafter referred to as the principal Act).

2 Christmas and New Year holidays

Section 9 of the principal Act is hereby amended by adding the following subsections:

“(4)

Subsections (1), (2), or (3) of this section shall not apply with respect to the construction, in relation to any worker, of the provisions of any award or agreement relating to dairy factories, if that worker—

“(a)

Actually works on a Saturday or Sunday (being Christmas Day, Boxing Day, New Year’s Day, or the second day of January, as the case may be); and

“(b)

Does not actually work on the day to which the holiday would otherwise have been transferred,—

and, in such a case, any provisions of that award or agreement governing the observance by that worker of certain hours of labour or the payment to that worker of certain rates of wages on Christmas Day, Boxing Day, New Year’s Day, or the second day of January, as the case may be, shall be construed as applying on the day the holiday falls.

“(5)

Where any provisions of any award or agreement (whether made before or after the commencement of this Act) are made in accordance with section 95(3) of the Industrial Relations Act 1973 and provide specifically for all or any of the circumstances described in subsections (1) to (4) of this section, then, to the extent that those provisions provide for such circumstances, the said subsections (1) to (4) shall not apply.”

3 When holidays to be taken

Section 12 of the principal Act is hereby amended by inserting, after subsection (1), the following subsection:

“(1a)

Where an employer fails to allow a worker to take, within the 12-month period specified in subsection (1) of this section, any holiday or any balance of it to which that worker may be entitled, then,—

“(a)

The employer’s obligation to allow that holiday or the balance of it shall remain in force until it is allowed; and

“(b)

The worker’s entitlement to that holiday or the balance of it shall not cease until it is allowed.”

4 Inspection of holiday books

Section 31 of the principal Act is hereby amended by repealing subsection (3), and substituting the following:

“(3)

An Inspector of Factories may enter any premises for the purpose of inspecting any holiday book in use for the time being or used within the preceding 6 years, and any such book shall be kept readily available for such inspection:

“Provided that, when entering any premises to make such an inspection, the Inspector shall have the same powers and be subject to the same obligations as if he were making an entry and inspection under the Factories and Commercial Premises Act 1981.”

This Act is administered in the Department of Labour.

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Holidays Amendment Act 1983