Holidays Act Amendment - Full Recognition of Waitangi Day and Anzac Day
25 August 2015From 1 January 2014 most employees will be entitled to a public holiday when Waitangi Day and /or Anzac Day fall on the weekend.
The new provision will operate in the same fashion as presently applies when 25 & 26 December and 1 & 2 January fall on weekend days. The day to be observed as the holiday depends on the work pattern of the individual employee.
When Anzac or Waitangi Day fall on weekend days then:
- If that day would otherwise be a working day for the employee the holiday will be observed on that day.
- If that day would not otherwise be a working day for the employee the holiday will be transferred to the following Monday.
Note that some employees may still not qualify for a public holiday. For example an employee who works from Tuesday to Friday would not get the holiday on the Monday because that day is not otherwise a working day for them. As provided in s48(1), if a public holiday falls on a day that would not otherwise be a working day for an employee, then s46 (the entitlement to public holidays) is complied with if the employee does not work on the day.
The first occasion on which this will apply is Anzac Day 2015, followed by Waitangi Day in 2016. It is not until 2021 that both days fall on weekend days.