Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698834569530.pdf (New Zealand)
Reprint as at 19 October 2016 Sleepover Wages (Settlement) (Kauri Land Skills Trust Board) Order 2012 (SR 2012/364) Sleepover Wages (Settlement) (Kauri Land Skills Trust Board) Order 2012: revoked, on the close of 18 October 2016, pursuant to section 7(2) of the Sleepover Wages (Settlement) Act 2011 (2011 No 98).
Jerry Mateparae, Governor-General Order in Council At Wellington this 10th day of December 2012 Present: His Excellency the Governor-General in Council Pursuant to section 24 of the Sleepover Wages (Settlement) Act 2011, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister of Health (made after consult- ation with the Minister of Labour), makes the following order.
Contents 1 2 Title Commencement Page 2 2 Note Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry of Health.
1 cl 1 Sleepover Wages (Settlement) (Kauri Land Skills Trust Board) Order 2012 Reprinted as at 19 October 2016 Part 1 Preliminary provisions Effect Interpretation Part 2 Modifications and extensions of Part 2 of Act Settlement relating to Kauri Land Skills Trust Board Extension of subpart 2 of Part 2 to Kauri Land Skills Trust Board Modification of section 21 (entitlements for sleepovers performed immediately before 18 October 2011) Modification of section 22(1) (entitlement to be paid minimum hourly rates for sleepovers performed on and after 18 October 2011) 2 2 3 3 3 Title Order This order is the Sleepover Wages (Settlement) (Kauri Land Skills Trust Board) Order 2012.
Commencement This order comes into force on 14 December 2012.

Part 1 Preliminary provisions 3 Effect The modifications and extensions of the Sleepover Wages (Settlement) Act 2011 made by this order do not affect the text of the Act but require it to be read as if it had been amended in the manner indicated in this order.

4 Interpretation In this order, Act means the Sleepover Wages (Settlement) Act 2011.
2 Reprinted as at 19 October 2016 Sleepover Wages (Settlement) (Kauri Land Skills Trust Board) Order 2012 Part 2 cl 7 Part 2 Modifications and extensions of Part 2 of Act Settlement relating to Kauri Land Skills Trust Board 5 Extension of subpart 2 of Part 2 to Kauri Land Skills Trust Board Subpart 2 of Part 2 of the Act, as modified and extended by this Part, applies to— (a) (b) Kauri Land Skills Trust Board (as employer); and each employee of Kauri Land Skills Trust Board who performs or per- formed a sleepover.
6 (1) (2) Modification of section 21 (entitlements for sleepovers performed immediately before 18 October 2011) This clause applies instead of section 21 of the Act in relation to the entitle- ments of employees of Kauri Land Skills Trust Board for sleepovers performed immediately before 18 October 2011.
In relation to a sleepover performed by an employee during the period begin- ning on 1 July 2011 and ending with the close of 17 October 2011, Kauri Land Skills Trust Board must pay the employee the greater of— (a) (b) 50% of the applicable minimum hourly rate for each hour of the sleep- over: the amount the employee would have received for that sleepover imme- diately before the date of commencement of this order.
(3) Kauri Land Skills Trust Board must pay any amount payable to an employee under subclause (2) no later than 2 months after the date of commencement of this order.

7 (1) (2) Modification of section 22(1) (entitlement to be paid minimum hourly rates for sleepovers performed on and after 18 October 2011) This clause applies instead of section 22(1) of the Act in relation to the entitle- ments of employees of Kauri Land Skills Trust Board for sleepovers performed on and after 18 October 2011.
In relation to a sleepover performed by an employee on or after 18 October 2011, Kauri Land Skills Trust Board must pay the employee the greater of— (a) (b) an amount calculated by multiplying the number of hours in the sleep- over by the relevant minimum hourly rate specified in subclause (3): the amount the employee would have received for that sleepover imme- diately before the date of commencement of this order.
(3) The amount payable for each hour of sleepover that the employee performs during the period specified in the first column of the following table is the min- 3 Explanatory note Sleepover Wages (Settlement) (Kauri Land Skills Trust Board) Order 2012 Reprinted as at 19 October 2016 imum hourly rate opposite that period specified in the second column of the following table: Specified period Period beginning on 18 October 2011 and ending with the close of 30 June 2012 Period beginning on 1 July 2012 and ending with the close of 30 June 2013 Minimum hourly rate 50% of the applicable minimum hourly rate 75% of the applicable minimum hourly rate Michael Webster, for Clerk of the Executive Council.
Explanatory note This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 14 December 2012, modifies and extends the operation of the Sleepover Wages (Settlement) Act 2011 (the Act) to give effect to a settlement agreement reached between Kauri Land Skills Trust Board and certain of its employees.
The settlement relates to the payment of wages to employees who are permitted to sleep overnight at their workplace while on duty (sleepover wages).

The Act implements a settlement of litigation between Idea Services Limited and Ti- mata Hou Limited and their employees (the Idea settlement) relating to the payment of sleepover wages.
Subpart 1 of Part 2 of the Act extinguishes certain claims for sleepover wages in the health and disability sector, and subpart 2 of Part 2 of the Act implements the terms of the Idea settlement.

Subpart 1 of Part 2 of Act: Extinguishing claims for sleepover wages Subpart 1 of Part 2 of the Act already applies to Kauri Land Skills Trust Board, be- cause it applies to all employers in the health and disability sector funded through Vote Health.
It extinguishes claims relating to sleepovers performed before the Act commenced, if those claims were lodged after 5 pm on 2 September 2011.

Claims filed before that time are preserved.

Section 9 of the Act extinguishes claims by employees of Idea Services Limited and Timata Hou Limited for sleepover wages.

It is not necessary to extend the application of this section to Kauri Land Skills Trust Board and its employees, as no employees lodged claims regarding sleepover wages before the specified time.
Subpart 2 of Part 2 of Act: Settlement relating to Kauri Land Skills Trust Board Clause 5 extends the effect of subpart 2 of Part 2 of the Act (which implements the Idea settlement) to Kauri Land Skills Trust Board and its employees, but with certain modifications that are set out in clauses 6 and 7.
4 Reprinted as at 19 October 2016 Sleepover Wages (Settlement) (Kauri Land Skills Trust Board) Order 2012 Explanatory note Sections 21 and 22 of the Act provide for a staged progression towards the minimum hourly wage payable under the Minimum Wage Act 1983.
Clause 6 modifies section 21 of the Act, which sets out an employee’s entitlements for sleepovers performed be- tween 1 July 2011 and 17 October 2011 (being the date immediately before com- mencement of the Act), and when those entitlements must be paid.
The modification provides that the amount payable to employees of Kauri Land Skills Trust Board for sleepovers performed during this time is either 50% of the applicable minimum hour- ly rate for each hour of the sleepover or the amount the employee would have re- ceived immediately before the date of commencement of this order (whichever is greater).

This differs from the formula set out in the Act for calculating the wages payable to an employee for performing sleepovers during this period.
Clause 6 pro- vides that the amount payable for sleepovers performed in this period must be paid no later than 2 months after the date of commencement of this order.

Section 28(c) of the Act permits this modification of the date on which payment is due only if the relevant Minister is satisfied that the proposed period has been agreed to by a simple majority of the employer’s employees.

The Minister has indicated that he is so satisfied.
Clause 7 modifies section 22(1) of the Act, which sets out how sleepover wages are to be calculated for sleepovers performed after commencement of the Act by those employees to whom subpart 2 of Part 2 of the Act applies.

The section implements a staged progression towards payment of the full minimum hourly wage payable under the Minimum Wage Act 1983.

The effect of clause 7 is to modify the staged progres- sion set out in the Act in 2 respects.
First, the period of time during which an employee of Kauri Land Skills Trust Board must be paid at least 75% of the applic- able minimum hourly rate is extended to the close of 30 June 2013.

Secondly, the clause provides that, if an employee of Kauri Land Skills Trust Board would have re- ceived an amount greater than that specified in the Act before the commencement of this order, he or she will be entitled to be paid that greater amount.

Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 13 December 2012.

5 Notes Sleepover Wages (Settlement) (Kauri Land Skills Trust Board) Order 2012 Reprinted as at 19 October 2016 Reprints notes 1 General This is a reprint of the Sleepover Wages (Settlement) (Kauri Land Skills Trust Board) Order 2012 that incorporates all the amendments to that order as at the date of the last amendment to it.
2 Legal status Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment.

Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act.

A printed version of the reprint produced directly from this official elec- tronic version also has official status.
3 Editorial and format changes Editorial and format changes to reprints are made using the powers under sec- tions 24 to 26 of the Legislation Act 2012.

See also http://www.pco.parlia- ment.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint Sleepover Wages (Settlement) Act 2011 (2011 No 98): section 7(2) Wellington, New Zealand: Published under the authority of the New Zealand Government—2016 6