Domestic Violence—Victims' Protection Act 2018

If you need more information about this Act, please contact the administering agency: Ministry of Business, Innovation, and Employment and Ministry of Justice
Coat of Arms of New Zealand

Domestic Violence—Victims’ Protection Act 2018

Public Act
 
2018 No 21
Date of assent
 
30 July 2018
Commencement
 
see section 2

Contents

1Title
2Commencement
Part 1
Employment Relations Act 2000
3Principal Act
Amendments to Part 6AA (Flexible working)
4Section 69AA amended (Object of this Part)
5Section 69AAA amended (Interpretation)
New Part 6AB inserted
6New Part 6AB inserted
Part 6AB
Flexible working short-term for people affected by domestic violence
69ABObject of this Part
69ABAInterpretation
Employee’s statutory right to make request
69ABBWhen and why employee may make request
69ABCRequirements relating to request
Duties of employer
69ABEEmployer must notify decision as soon as possible
69ABEAProof of domestic violence
69ABFGrounds for refusal of request by employer
Resolving disputes
69ABGEmployee has choice of procedure at initial stage
69ABHMediation after initial reference to Labour Inspector
69ABIApplication to Authority after initial or later reference to mediation
69ABJPenalty
69ABKLimitation on challenging employer
7Section 69J amended (Employment of employee who elects to transfer to new employer treated as continuous)
Amendments related to adverse treatment in employment of people affected by domestic violence
8Section 103 amended (Personal grievance)
9New section 108A inserted (Adverse treatment in employment of people affected by domestic violence)
108AAdverse treatment in employment of people affected by domestic violence
10Section 111 amended (Definitions relating to personal grievances)
11Section 123 amended (Remedies)
Consequential amendments related to new Part 6AB
12Section 135 amended (Recovery of penalties)
13Section 137 amended (Power of Authority to order compliance)
14Section 161 amended (Jurisdiction)
15Section 179B amended (Limitations on consideration by Employment Court of matters arising under Part 6AA)
Transitional, savings, and related provisions
16Schedule 1AA amended
Part 2
Holidays Act 2003
17Principal Act
Consequential amendments
18Section 3 amended (Purpose)
19Section 4 amended (Overview)
20Section 5 amended (Interpretation)
21Section 9 amended (Meaning of relevant daily pay)
22Section 9A amended (Average daily pay)
23Section 12 amended (Determination of what would otherwise be working day)
24Section 14 amended (Meaning of gross earnings)
25Section 16 amended (Entitlement to annual holidays)
26New section 37A inserted (Employer must allow employee taking annual holidays to take domestic violence leave)
37AEmployer must allow employee taking annual holidays to take domestic violence leave
27Section 38 amended (Sickness, injury, or bereavement arising before scheduled annual holidays)
28Section 39 amended (Employer may allow employee to take annual holidays if sick leave or bereavement leave exhausted)
29Section 61A amended (Sickness, injury, or bereavement on public holiday)
30Section 71 amended (Payment for sick leave and bereavement leave)
New subpart 5 of Part 2 inserted
31New subpart 5 of Part 2 inserted
Subpart 5—Domestic violence leave
72APurpose of this subpart
72BMeaning of person affected by domestic violence
Entitlement to domestic violence leave
72CEntitlement to domestic violence leave
72DWhen entitlement to domestic violence leave arises
72EEmployee must notify employer of intention to take domestic violence leave
72FDomestic violence leave need not be paid out
72GProof of domestic violence
72HDuration of domestic violence leave
Payment for domestic violence leave
72IPayment for domestic violence leave
72JWhen payment for domestic violence leave must be made
Consequential amendments
32Section 74 amended (Who can enforce Act)
33Section 75 amended (Penalty for non-compliance)
34Section 81 amended (Holiday and leave record)
35Section 83 amended (Failure to keep or provide access to holiday and leave record)
Transitional, savings, and related provisions
36Schedule 1AA amended
Part 3
Human Rights Act 1993
37Principal Act
Consequential amendment
38Section 21A amended (Application of this Part limited if section 3 of New Zealand Bill of Rights Act 1990 applies)
New section 62A inserted
39New section 62A inserted (Adverse treatment in employment of people affected by domestic violence)
62AAdverse treatment in employment of people affected by domestic violence
Transitional, savings, and related provisions
40Schedule 1AA amended
Schedule
Transitional, savings, and related provisions
Legislative history
Administrative information

The Parliament of New Zealand enacts as follows: