Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698841206927.pdf (New Zealand)
Holidays (Transfer of Public Holidays) Amendment Act 2008 Public Act Date of assent Commencement 2008 No 103 29 September 2008 see section 2 Contents Title Commencement Part 1 Preliminary provisions Principal Act amended Purpose Part 2 Amendments to principal Act Interpretation Purpose of this subpart Days that are public holidays New section 44A inserted 44A Transfer of public holiday Page 1 2 2 2 2 2 3 3 3 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Holidays (Transfer of Public Holidays) Amend­ ment Act 2008.
1 Holidays (Transfer of Public Holidays) Amendment Act 2008 2008 No 103 Commencement This Act comes into force on the day after the date on which it receives the Royal assent.

Part 1 Preliminary provisions Principal Act amended This Act amends the Holidays Act 2003.

Purpose The purpose of this Act is to amend the public holidays provi­ sions of the principal Act to provide for the transfer of public holidays in limited circumstances.
Part 2 Amendments to principal Act Interpretation Section 5(1) is amended by repealing the deﬁnition of public holiday and substituting the following deﬁnition: “public holiday— “(a) means a day speciﬁed in section 44(1); and “(b) if there is a written agreement under section 44A,— “(i) includes a period of 24 hours agreed to be treated as a public holiday; but excludes a part of a day speciﬁed in section 44(1) agreed to be treated as not part of a public holi­ day”.
“(ii) Purpose of this subpart Section 43 is amended by repealing paragraph (b) and substi­ tuting the following paragraphs: “(b) to provide for the transfer of public holidays in limited circumstances: to specify the entitlements of employees in relation to public holidays.” “(c) s 2 2008 No 103 Holidays (Transfer of Public Holidays) Amendment Act 2008 Part 2 s 8 7 8 Days that are public holidays Section 44 is amended by repealing subsections (2) and (3).
New section 44A inserted The following section is inserted after section 44: “44A Transfer of public holiday “(1) This section applies if— “(a) an employee is to start work on a day and ﬁnish work on the following day; and “(b) 1 or both of those days are speciﬁed in section 44(1).
“(2) The employee and his or her employer may agree in writing (whether in an employment agreement or otherwise)— “(a) “(b) that part of 1 or both days speciﬁed in section 44(1) is to be treated as not part of a public holiday; and that,— “(i) if the agreement relates to only 1 day speciﬁed in section 44(1), a period of 24 hours is to be treated as a public holiday if the period— “(A) is to start or ﬁnish during the day speciﬁed in section 44(1); and includes the period from when the em­ ployee is to start work to when the em­ ployee is to ﬁnish work: “(B) “(ii) if the agreement relates to 2 days speciﬁed in section 44(1), 2 separate periods of 24 hours are to be treated as public holidays if each period— is to start or ﬁnish during the days speci­ “(A) ﬁed in section 44(1); and includes the period from when the em­ ployee is to start work to when the em­ ployee is to ﬁnish work.
“(B) “(3) To avoid doubt, a period of 24 hours agreed under this section to be treated as a public holiday is a public holiday whether or not the employee works during that period.
“(4) An agreement under subsection (2) must not diminish the total number of paid public holidays that would otherwise be avail­ able to the employee in any year.” 3 Holidays (Transfer of Public Holidays) Amendment Act 2008 2008 No 103 Example An employee is to work from 10 pm on 24 April to 6 am on Anzac Day and from 10 pm on Anzac Day to 6 am on 26 April.
The employer and employee can agree to treat 10 pm to mid­ night on Anzac Day as not part of a public holiday in exchange for treating a period of 24 hours that ﬁnishes on Anzac Day as a public holiday.

Just when the 24­hour period starts before or ﬁnishes after a work period is a matter for the parties to agree on.

For instance, they could agree that it runs from midday on 24 April to midday on Anzac Day.
9 April 2008 13 May 2008 17 July 2008 23 September 2008 23 September 2008 23 September 2008 29 September 2008 Legislative history Introduction (Bill 207–1) First reading and referral to Transport and Industrial Relations Committee Reported from Transport and Industrial Relations Committee (Bill 207–1) Second reading Reported from committee of the whole House Third reading Royal assent.

This Act is administered by the Department of Labour.
12 4 Wellington, New Zealand: Published under the authority of the New Zealand Government—2008