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Act In force Latest version as at 19 April 2013 (as enacted) | 2013 No 19 | Administered by Ministry of Business, Innovation, and Employment

Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013

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Act In force Latest version as at 19 April 2013 (as enacted) | 2013 No 19 | Administered by Ministry of Business, Innovation, and Employment

Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013

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Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013

Public Act 2013 No 19
Date of assent 19 April 2013
Commencement see section 2

Contents

1 Title

2 Commencement

3 Principal Act

4 Purpose

5 New section 45A inserted (Transfer of Waitangi Day and ANZAC Day public holidays)

45A Transfer of Waitangi Day and ANZAC Day public holidays

6 Consequential amendment to Anzac Day Act 1966

5A Relationship with Holidays Act 2003

7 Consequential amendments to Waitangi Day Act 1976

6A Relationship with Holidays Act 2003

8 Consequential amendments to other enactments

Schedule 1
Consequential amendments to definitions of working day in various enactments

Schedule 2
Consequential amendments to definitions of business day in Acts

Schedule 3
Other consequential amendments

The Parliament of New Zealand enacts as follows:

1 Title

  • This Act is the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013.

2 Commencement

  • This Act comes into force on 1 January 2014.

3 Principal Act
4 Purpose

  • The purpose of this Act is to amend the public holiday 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.

5 New section 45A inserted (Transfer of Waitangi Day and ANZAC Day public holidays)

  • After section 45, insert:

    “45A Transfer of Waitangi Day and ANZAC Day public holidays

    • “(1) For the purposes of this subpart, if Waitangi Day or ANZAC Day—

      • “(a) falls on a Saturday or a 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 a 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 1 public holiday for Waitangi Day or more than 1 public holiday for ANZAC Day.”

6 Consequential amendment to Anzac Day Act 1966

  • (1) This section amends the Anzac Day Act 1966.

    (2) After section 5, insert:

    “5A Relationship with Holidays Act 2003

    • This Act is subject to section 45A of the Holidays Act 2003 (which concerns the transfer of the public holiday for the purposes of Part 2, subpart 3 of that Act when Anzac Day falls on a Saturday or a Sunday).”

7 Consequential amendments to Waitangi Day Act 1976

  • (1) This section amends the Waitangi Day Act 1976.

    (2) Repeal section 4(2).

    (3) After section 4, insert:

    “6A Relationship with Holidays Act 2003

    • This Act is subject to section 45A of the Holidays Act 2003 (which concerns the transfer of the public holiday for the purposes of Part 2, subpart 3 of that Act when Waitangi Day falls on a Saturday or a Sunday).”

8 Consequential amendments to other enactments

  • Amend the enactments specified in Schedules 1, 2, and 3 in the manner set out in those schedules.

Schedule 1
Consequential amendments to definitions of working day in various enactments

s 8

Part 1
Individual amendments to definitions of working day in enactments

Biosecurity Act 1993 (1993 No 95)

In section 2(1), definition of working day, after paragraph (ab), insert:

  • “(ac) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and”.

Companies Act 1955 Regulations 1994 (SR 1994/119)

In regulation 2(1), definition of working day, replace paragraph (d) with:

  • “(d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

  • “(e) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.”

Conservation Act 1987 (1987 No 65)

In section 2(1), replace the definition of working day with:

“working day means a day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period commencing on 25 December in any year and ending with 15 January in the following year.”

Criminal Procedure Act 2011 (2011 No 81)

In section 5, replace the definition of working day with:

“working day means a day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period commencing on 25 December in any year and ending with 15 January in the following year.”

Crown Pastoral Land Act 1998 (1998 No 65)

In section 2, replace the definition of working day with:

“working day means a day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period commencing on 25 December in any year and ending with 15 January in the following year.”

Fish and Game Council Elections Regulations 1990 (SR 1990/361)

In regulation 2(1), replace the definition of working day with:

“working day means a day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period commencing on 20 December in any year and ending with 15 January in the following year.”

Interpretation Act 1999 (1999 No 85)

In section 29, definition of working day, replace paragraph (d) with:

  • “(d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

  • “(e) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday”.

Justices of the Peace Act 1957 (1957 No 89)

In section 2, replace the definition of working day with:

“working day means a day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period commencing on 20 December in any year and ending with 15 January in the following year.”

Ngāti Manuhiri Claims Settlement Act 2012 (2012 No 90)

In section 11, definition of working day, after paragraph (b), insert:

  • “(ba) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and”.

Residential Tenancies Act 1986 (1986 No 120)

In section 2(1), definition of working day, replace paragraphs (a) and (b) with:

  • “(a) a Saturday, a Sunday, Waitangi Day, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and”.

Resource Management Act 1991 (1991 No 69)

In section 2(1), replace the definition of working day with:

“working day means a day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period commencing on 20 December in any year and ending with 10 January in the following year.”

Social Security Act 1964 (1964 No 136)

In section 3(1), replace the definition of working day with:

“working day means a day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period commencing on 25 December in any year and ending with 15 January in the following year; and

  • “(d) the day observed as the anniversary day of the appropriate province”.

Social Workers Registration Act 2003 (2003 No 17)

In section 4, replace the definition of working day with:

“working day means a day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period commencing on 20 December in any year and ending with 15 January in the following year.”

Supreme Court Act 2003 (2003 No 53)

In section 4, replace the definition of working day with:

“working day means a day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) the day observed as anniversary day in Wellington; and

  • “(c) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(d) a day in the period commencing on 25 December in any year and ending with 15 January in the following year.”

Telecommunications Act 2001 (2001 No 103)

In section 5, definition of working day, replace paragraph (e) with:

  • “(e) if 1 January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday; and

  • “(f) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday”.

Temporary Safeguard Authorities Act 1987 (1987 No 88)

In section 2, definition of working day, replace paragraph (d) with:

  • “(d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

  • “(e) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday”.

Trade Marks Act 2002 (2002 No 49)

In section 5(1), definition of working day, replace paragraph (e) with:

  • “(e) if 1 January in any year falls on a Saturday or a Sunday, the following Monday and Tuesday; and

  • “(f) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday”.

Part 2
Global amendments to definitions of working day in Acts

In the provisions listed below, definition of working day, after paragraph (a), insert:

  • “(ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and”.

Arms Act 1983 (1983 No 44)

Section 2.

Forests Act 1949 (1949 No 19)

Section 2.

Gas Act 1992 (1992 No 124)

Section 2(1).

Part 3
Global amendments to definitions of working day in regulations and rules

In the provisions listed below, definition of working day, after paragraph (a), insert:

  • “(ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and”.

Schedule 2
Consequential amendments to definitions of business day in Acts

s 8

Part 1
Individual amendments to definitions of business day in Acts

Maraeroa A and B Blocks Claims Settlement Act 2012 (2012 No 52)

In section 10, replace the definition of business day with:

“business day means a day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period starting on 25 December in any year and ending with 15 January in the following year; and

  • “(d) the days observed as the anniversaries of the provinces of Auckland and Wellington”.

Nga Wai o Maniapoto (Waipa River) Act 2012 (2012 No 29)

In section 5(2), replace the definition of business day with:

“business day means the period of 9 am to 5 pm on any day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period starting on 20 December in any year and ending with 10 January in the following year; and

  • “(d) the days observed as the anniversaries of the provinces of Auckland and Wellington”.

Ngāti Apa (North Island) Claims Settlement Act 2010 (2010 No 129)

In section 10, definition of business day, after paragraph (b), insert:

  • “(ba) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; or”.

Ngāti Manawa Claims Settlement Act 2012 (2012 No 27)

In section 10, replace the definition of business day with:

“business day means the period of 9 am to 5 pm on any day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period starting on 25 December in any year and ending with 15 January in the following year; and

  • “(d) the days observed as the anniversaries of the provinces of Auckland and Wellington”.

Ngati Porou Claims Settlement Act 2012 (2012 No 31)

In section 10, replace the definition of business day with:

“business day means a day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period starting on 25 December in any year and ending with 15 January in the following year; and

  • “(d) the days observed as the anniversaries of the provinces of Auckland and Wellington”.

Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010 (2010 No 119)

In section 7(2), replace the definition of business day with:

“business day means the period of 9 am to 5 pm on any day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period commencing on 20 December in any year and ending with 10 January in the following year; and

  • “(d) the days observed as the anniversaries of the provinces of Auckland and Wellington”.

Ngāti Whare Claims Settlement Act 2012 (2012 No 28)

In section 10, replace the definition of business day with:

“business day means the period of 9 am to 5 pm on any day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period commencing on 25 December in any year and ending with 15 January in the following year; and

  • “(d) the days observed as the anniversaries of the provinces of Auckland and Wellington”.

Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 (2010 No 24)

In section 6(3), replace the definition of business day with:

“business day means the period of 9 am to 5 pm on any day of the week other than—

  • “(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and

  • “(b) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

  • “(c) a day in the period commencing on 20 December in any year and ending with 10 January in the following year; and

  • “(d) the days observed as the anniversaries of the provinces of Auckland and Wellington”.

Part 2
Global amendments to definitions of business day in Acts

In the provisions listed below, definition of business day, after paragraph (b), insert:

  • “(ba) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and”.

Schedule 3
Other consequential amendments

s 8
Children, Young Persons, and Their Families Act 1989 (1989 No 24)

After section 370(3)(a), insert:

  • “(ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday:”.

Education Act 1989 (1989 No 80)

Replace section 65C(1) with:

  • “(1) Subject to subsection (2), every board must ensure that every school it administers is closed on—

    • “(a) Saturdays, Sundays, New Year's Day, 2 January, Waitangi Day, Good Friday, Easter Monday, Easter Tuesday, Anzac Day, the Sovereign's birthday, Labour Day, Christmas Day, Boxing Day; and

    • “(b) the day observed as anniversary day in the locality in which the school is situated; and

    • “(c) if 1 January falls on a Friday, the following Monday; and

    • “(d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

    • “(e) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.”

Fisheries (Location and Inspection of Aquaculture Agreements Register) Notice 2007 (SR 2007/238)

Replace clause 5(f) with:

  • “(f) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

  • “(g) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.”

Fisheries (Location and Inspection of Fish Farmer Register) Notice 2007 (SR 2007/237)

Replace clause 5(f) with:

  • “(f) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

  • “(g) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.”

Fisheries (Location and Inspection of Registers) Notice 2007 (SR 2007/220)

Replace clause 5(f) with:

  • “(f) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

  • “(g) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.”

Immigration Act 2009 (2009 No 51)

Replace section 6(2)(b)(iii) with:

  • “(iii) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and

  • “(iv) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.”

Industrial and Provident Societies Regulations 1952 (SR 1952/221)

In regulation 5A(1), replace “holidays” with “public holidays”.

Replace regulation 5A(2) and (3) with:

  • “(2) In this regulation, public holiday—

    • “(a) means any day listed in section 44(1) of the Holidays Act 2003; and

    • “(b) includes—

      • “(i) the day observed in the locality as anniversary day:

      • “(ii) any day in the period commencing on 25 December in any year and ending with 2 January in the following year:

      • “(iii) if 2 January falls on a Saturday, 4 January:

      • “(iv) if 2 January falls on a Sunday, 3 January and 4 January:

      • “(v) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.

  • “(3) To avoid doubt, section 35(6) of the Interpretation Act 1999 (which relates to the extension of the time for doing anything where the time prescribed expires on a working day) applies to any document that is required to be registered or deposited in the office of any District Registrar.”

War Pensions Regulations 1956 (SR 1956/7)

In Schedule 2, definition of public holiday, delete “(other than Waitangi Day and Anzac Day)”.

Legislative history
7 February 2012 Introduction (Bill 3–1)
25 July 2012 First reading and referral to Transport and Industrial Relations Committee
12 December 2012 Reported from Transport and Industrial Relations Committee (Bill 3–2)
13 March 2013 Second reading
27 March 2013 Committee of the whole House
17 April 2013 Third reading
19 April 2013 Royal assent

This Act is administered by the Ministry of Business, Innovation, and Employment.

Act In force Latest version as at 19 April 2013 (as enacted)

Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013

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