Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016

If you need more information about this Act, please contact the administering agency: Ministry of Health

Version as at 1 July 2022

Coat of Arms of New Zealand

Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016

Public Act
 
2016 No 2
Date of assent
 
24 February 2016
Commencement
 
see section 2
Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Health.

Contents

Preamble
1Title
2Commencement
Part 1
Preliminary provisions
3Purposes
4Interpretation
5Meaning of exceptional travel and related terms
6Transitional, savings, and related provisions
7Act binds the Crown
Part 2
Payment for travel between clients
Extinguishing claims for travel payments and statutory amendment to employment agreements
8Certain claims extinguished
9Act does not affect enforcement of employment agreements requiring payment for travel before commencement of Act
10Act overrides existing terms and conditions in employment agreements requiring payment of greater amounts
11Act does not prevent new terms and conditions in employment agreements requiring payment of greater amounts
12No HCS employee to be financially disadvantaged
13Payment of lesser amounts prohibited
Time spent in travel between clients
14Time spent in travel between clients
15Minimum amounts payable for travel before 1 March 2016 funded by Ministry of Health or Health New Zealand
16Minimum amounts payable for travel before 1 March 2016 funded by ACC
17Minimum amount payable for travel on and from 1 March 2016 (other than for exceptional travel)
18Minimum amount payable for exceptional travel on and from 1 March 2016
Costs relating to travel between clients
19Costs relating to travel between clients
20Minimum amount payable towards costs (other than for exceptional travel)
21Minimum amount payable towards costs for exceptional travel
Relationship with Employment Relations Act 2000
22Compliance dispute is employment relationship problem
23HCS employee may recover arrears
Record keeping
24Record of amounts paid, qualifying travel time, and qualifying travel distance
Penalty for non-compliance
25Penalty for non-compliance
Other employers and employees unaffected
26Other employers and employees unaffected
Amendments to Act by Order in Council
27Power to amend Schedule 3
28Power to amend Schedule 4
29Annual review of Schedule 4
Part 3
Amendments to other Acts
30Amendment to Minimum Wage Act 1983
31Amendments to Employment Relations Act 2000
32Amendment to Holidays Act 2003
10ATreatment of payments made under Home and Community Support (Payment for Travel Between Clients) Settlement Act 2016
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Former HCS employers
Schedule 3
HCS employers
Schedule 4
Mileage rate, qualifying distance, qualifying travel time, and maximum travel distance
Notes