Regulatory Systems (Workforce) Amendment Act 2019

• Jurisdiction: New Zealand
• Act Number: 63
• Record Number: LMS83620
• Type of Document: Act

Contenidos

• Regulatory Systems (Workforce) Amendment Act 2019
• Contents
• 1 Title
• 2 Commencement
• Part 1
• Part 1
• 3 Amendments to Employment Relations Act 2000
• 4 Section 171 amended (Salaries and allowances)
• 5 New section 229A inserted (Investigating question of employment)
• 6 Section 230 amended (Entry of dwellinghouses)
• 7 Section 231 amended (Entry warrant)
• 8 Section 233 amended (Obligations of Labour Inspectors)
• 9 Section 233A amended (Obligation of Labour Inspector and department not to disclose information)
• Part 2
• 10 Amendment to Remuneration Authority Act 1977
• Part 2
• 11 Amendment to Holidays Act 2003
• Part 3
• 12 Amendments to Parental Leave and Employment Protection Act 1987
• 13 Section 1B amended (Outline)
• 14 Section 7 amended (Meaning of primary carer)
• 15 Section 8 amended (Entitlement to primary carer leave)
• 16 Section 10 amended (Date of commencement of primary carer leave)
• 17 Section 30B amended (Employee may make request)
• 18 Section 31 amended (Obligation to notify employer)
• 19 Section 36 amended (Obligation to notify employee)
• 20 Section 71D amended (Entitlement to parental leave payments)
• 21 Section 71I amended (Applications for payment)
• 22 Section 71K amended (Start of parental leave payment)

Regulatory Systems (Workforce) Amendment Act 2019

Contents

1 Title

This Act is the Regulatory Systems (Workforce) Amendment Act 2019.

2 Commencement

This Act comes into force on the day that is 2 months after the date on which it receives the Royal assent.

Part 1

Part 1

3 Amendments to Employment Relations Act 2000

This subpart amends the Employment Relations Act 2000.

4 Section 171 amended (Salaries and allowances)

In section 171(3), after Chief of the Authority, insert or of a member of the Authority to whom a delegation has been made under section 166B.

5 New section 229A inserted (Investigating question of employment)

After section 229, insert:

229A Investigating question of employment

For the purpose of performing the Labour Inspector’s functions and duties under any Act specified in section 223(1), a Labour Inspector may, subject to sections 229(5), (5A), and (6) and 230 to 233, also exercise any of the powers under section 229 to investigate whether—

1. any place is a workplace; or

2. any person performing work is an employee (as distinct, for example, from an independent contractor or a volunteer); or

3. any person for whom work is being performed is an employer.

In relation to the exercise of those powers in such an investigation, section 229 is to be read with any appropriate modifications, including that—

1. the power of entry under section 229(1)(a) applies with respect to any premises where the Labour Inspector has reasonable grounds to believe work is being performed; and

2. the power to interview under section 229(1)(b) applies with respect to any person present in such premises; and

3. employee

, except in the reference in section 229(1)(a) to any other employee of the department, includes any person who performs work; and

4. employer

includes any person for whom work is performed; and

5. the powers under section 229(1)(c) and (d) apply with respect to any record or document that the Labour Inspector reasonably believes may assist in determining a matter referred to in subsection (1)(a) to (c).

6 Section 230 amended (Entry of dwellinghouses)

In section 230(1), replace section 229 with section 229 or 229A.

7 Section 231 amended (Entry warrant)

Replace section 231(a) and (b) with:

8 Section 233 amended (Obligations of Labour Inspectors)

In section 233(1), (2), and (3), replace section 229(1)(a) with section 229(1)(a) or 229A.

9 Section 233A amended (Obligation of Labour Inspector and department not to disclose information)

In section 233A, replace section 229 with section 229 or 229A.

Part 2

Amendment to Remuneration Authority Act 1977

10 Amendment to Remuneration Authority Act 1977

This section amends the Remuneration Authority Act 1977.

In Schedule 4, replace the item relating to the Chief and other members of the Employment Relations Authority with:

Part 2

11 Amendment to Holidays Act 2003

This section amends the Holidays Act 2003.

In section 75(1)(a) and (b), after employer, insert or the person who is involved in the failure to comply.

Part 3

12 Amendments to Parental Leave and Employment Protection Act 1987

This Part amends the Parental Leave and Employment Protection Act 1987.

13 Section 1B amended (Outline)

In section 1B(5),—

1. replace

or for with , for; and

2. after

(see section 72B), insert , or for the spouse or partner of a primary carer to become the primary carer of a child (see section 7(1)(b)(iii)).

14 Section 7 amended (Meaning of primary carer)

After section 7(1)(b)(ii), insert:

neither subparagraph (i) nor (ii) applies and all of the following are true:

1. the child is under 1 year of age; and

2. the spouse or partner, because of the death of the biological mother or for any other reason, has taken permanent primary responsibility for the care, development, and upbringing of the child to the exclusion of the biological mother; and

3. at the time the spouse or partner took that permanent primary responsibility, the biological mother either had not applied for, or did not qualify to apply for, a parental leave payment:

15 Section 8 amended (Entitlement to primary carer leave)

After section 8(2), insert:

16 Section 10 amended (Date of commencement of primary carer leave)

After section 10(a), insert:

17 Section 30B amended (Employee may make

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