The Holidays Act 2003 provides that four such public holidays (being New Year's Day, the day after New Year's Day, Christmas Day and Boxing Day) are enjoyed on the following working day should they actually fall on a weekend.
The remaining 2 public holidays (being Waitangi Day and ANZAC Day) are observed on 6 February and 25 April respectively and if they fall on a weekend then no additional holiday is provided.
The Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013, which was a private member's bill, has recently been passed into law allowing for the 'Mondayisation' of Waitangi and ANZAC Day.
The Act restores New Zealand to 11 public holidays in every year.
The key provision of the Act provides that:
- If Waitangi and/or ANZAC Day falls on a Saturday or a Sunday and that day would otherwise be a working day for an employee, the public holiday must be treated as falling on that day.
This means that an employee can:- take the public holiday off as a paid public holiday; or
- work that day but is entitled to for the hours actually worked payment at time and a half in addition to an alternative day's holiday. This alternative day's holiday is to be taken at a time that the employer and the employee agree mutually upon.
- If Waitangi and/or ANZAC Day falls on a Saturday or a Sunday and that day would not otherwise be a working day for an employee, the public holiday must be treated as falling on the following Monday.
This means that an employee can: - take the Monday following the public holiday off as a paid public holiday; or
- work that day as usual but the employee is entitled to payment at time and a half for the hours actually worked as well as an alternative day's holiday. This alternative day's holiday is to be taken at a time that the employer and the employee agree mutually upon.
The impact is still a long time away as it will be 2 years until the ANZAC day will be Mondayised (ANZAC DAY 2015). The first time Waitangi Day will be Mondayised will be 2016. It will be a further 5 years before the next occurence.
What about trading hours on ANZAC day?The trading hours restriction will remain in force and will be effective on the actual day ANZAC day falls on and not the Mondayised equivalent (in the case where ANZAC day falls on a Saturday or Sunday but the holiday is observed on the following Monday).