Labour will protect everyone's holidays

Grant Robertson  |  Friday, January 28, 2011 - 14:14

Labour will ensure that New Zealanders get the eleven public holidays they are entitled to, every year, by legislating for the holidays for Waitangi Day and ANZAC to be taken on a Monday if they fall on a weekend, Labour Wellington Central MP Grant Robertson says.

 “This year New Zealanders will only get nine of the eleven public holidays they are entitled to under the Holidays Act, because Waitangi Day and ANZAC Day fall on the weekend,” Grant Robertson said.

 “We don’t think that is fair, and I will be introducing a private members bill to make sure workers get the break they deserve.

 “ANZAC Day and Waitangi Day are of great importance. It is important that we continue to commemorate the days on the 6th of February and 25th of April. This Bill will not change that, but it will restore to New Zealanders the holidays they deserve.”

 “Australia manages to commemorate ANZAC Day on the 25th of April, but also ensure there is a public holiday on a Monday if that date falls on a weekend.  We can do the same.”

 “Waitangi Day and ANZAC Day are the only holidays that are not protected under the Act.  Given that the situation only arises two out of every seven years we believe that it will be relatively easy for businesses to absorb the costs and in doing so ensure that workers get a fair go.”

 “I would urge all parties to support the Bill to a Select Committee so the public can have their say,” Grant Robertson said.

 

Holidays (Full recognition of Waitangi Day and ANZAC Day) Amendment Bill

Member’s Bill

Explanatory note

General policy statement

The Holidays Act decrees that New Zealanders have eleven public holidays.  Six of these holidays can occur on any day of the week. Section 45 of the Act protects four of these days as holidays if they fall on a weekend by “Mondayising” them. The other two days, Waitangi Day and ANZAC Day, are not similarly protected.

This Bill seeks to restore to New Zealanders their legislated 11 public holidays in every year, rather than only five of every seven years. 

It also recognises the increasing importance of both Waitangi Day and ANZAC Day to New Zealanders sense of history and identity.  This bill envisages that commemorations of the days will continue to take place on the 6th of February and 25th of April respectively.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause. The Bill is to come into force on the day after the date on which it receives the Royal assent.

Clause 3 provides that the Bill amends the Holidays Act 2003.

Clause 4 states the purpose of the Bill.

Clause 5 inserts new section 44B, which provides for the transfer of the Waitangi Day and ANZAC day public holidays.

 

Grant Robertson

Holidays (Full recognition of Waitangi Day and ANZAC Day) Amendment Bill

Member’s Bill

Contents

1 Title

2 Commencement

3 Principal Act amended

4 Purpose

5 New section 44B inserted

44B Transfer of Waitangi Day and ANZAC day public holidays

The Parliament of New Zealand enacts as follows:

Title

  • This Act is the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2011.

Commencement

  • This Act comes into force on the day after the date on which it receives the Royal assent.

Principal Act amended

  • This Act amends the Holidays Act 2003.

Purpose

The purpose of this Act is to amend the public holidays provisions of the principal Act to provide for the transfer of the public holidays for Waitangi Day and ANZAC Day if they fall on a weekend.

 

New section 44B inserted

  • The following section is inserted after section 44A:

44B Transfer of Waitangi Day and ANZAC day public holidays

(1)  For the purposes of this subpart, if either of the public holidays listed in section 44(1)(e) or (h)

  • (a) falls on a Saturday or Sunday and the day would otherwise be a working day for the employee, the public holiday must be treated as falling on that day:
  • (b) falls on a Saturday or Sunday and the day would not otherwise be a working day for the employee, the public holiday must be treated as falling on the following Monday:

 (2) To avoid doubt, this section does not entitle an employee to more than 2 public holidays for the days listed in section 44(1)(e) or (h).