Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698939294402.pdf (New Zealand)
2006/131 Parental Leave and Employment Protection Amendment Regulations 2006 Preamble At Wellington this 23rd day of May 2006 Pursuant to section 73 of the Parental Leave and Employment Protection Act 1987, Her Excellency the Governor­General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Labour (made after consult­ ation with the persons or organisations that the Minister considered appropriate), makes the following regulations.
Contents Title Commencement Principal regulations amended Application of amendments made by these regulations Application New regulation 7 substituted 7 Manner in which application for parental leave payment must be made Information that mothers must give New regulation 8A inserted 8A Documents that must be provided with application if mother is self­employed Information that employers must give New regulation 10 substituted 10 Manner in which application for transfer of paid parental leave must be made Page 2 2 2 2 3 3 3 3 4 4 5 5 5 1 Parental Leave and Employment Protection Amendment Regulations 2006 2006/131 Information that mothers and spouses must give on transfer application New regulation 11A inserted 11A Documents that must be provided with transfer application if spouse or partner is self­employed Information that employers must give on transfer application Applications if mother dies or spouse or partner becomes sole guardian Notices about early return to work, etc New forms added to Schedule Schedule New form 5 and form 6 added to principal regulations 6 7 7 7 7 7 8 8 Title These regulations are the Parental Leave and Employment Protection Amendment Regulations 2006.
Commencement Regulations 3 and 4 come into force on the day after the date of the notiﬁcation of these regulations in the Gazette.

The rest of these regulations come into force on 1 July 2006.

Principal regulations amended These regulations amend the Parental Leave and Employment Protection Regulations 2002.
Application of amendments made by these regulations The amendments made by these regulations apply to an em­ ployee or self­employed person who takes parental leave from his or her work in respect of a child if— (a) the expected date of delivery of the child is on or after 1 July 2006; or the child is born on or after 1 July 2006; or in the case of adoption, the date on which the person or the person’s spouse or partner, with a view to adoption, assumes the care of the child is on or after 1 July 2006.
(b) (c) r 1 (1) (2) 3 4 (1) 2 2006/131 Parental Leave and Employment Protection Amendment Regulations 2006 r 7 (2) An employee or self­employed person to whom the amend­ ments in these regulations apply may, in accordance with these regulations, before 1 July 2006, apply for a parental leave pay­ ment or apply to have an entitlement to a payment transferred to him or her.
(3) However, no person is obliged to comply with any obligation arising out of the amendments in these regulations until 1 July 2006.
5 Application Regulation 3 is amended by revoking subclauses (2) and (3) and substituting the following subclause: “(2) The amendments to these regulations made by the Parental Leave and Employment Protection Amendment Regulations 2006 apply in accordance with regulation 4 of those regula­ tions.” 6 New regulation 7 substituted Regulation 7 is revoked and the following regulation substi­ tuted: “7 Manner in which application for parental leave payment must be made “(1) An application for a parental leave payment must be made in writing on the form provided by the Commissioner of Inland Revenue and sent to the address speciﬁed for that purpose on the form.
“(2) The application must be signed by— “(a) “(b) the mother and her employer, if the application is being made for a parental leave payment as an employee; or if the application is being made for a the mother, parental leave payment as a self­employed person.” 7 (1) Information that mothers must give Regulation 8 is amended by inserting the following subclause after subclause (1): “(1A) A mother who applies for a parental leave payment as a self­ employed person must also specify, on the application for a parental leave payment,— 3 r 8 Parental Leave and Employment Protection Amendment Regulations 2006 2006/131 “(a) “(b) “(c) “(d) her current or estimated tax code; and the parental leave commencement date and, in the case of a mother who is intending to take a period of parental leave of less than 14 weeks, the date on which she in­ tends to return to work; and that she has worked as a self­employed person for at least an average of 10 hours a week over the immedi­ ately preceding 6 months or the immediately preceding 12 months before the expected date of delivery of the child (or, in the case of adoption, the date on which she, with a view to adoption, ﬁrst assumes care of the child); and if the mother is engaged in multiple self­employment, which of the following categories she falls within: “(i) she is engaged in more than 1 type of work con­ currently during either a 6­month or 12­month period: she is engaged in more than 1 type of work con­ secutively during either a 6­month or 12­month period with the break between the types of work being no greater than 30 days; and “(ii) “(e) that she will not work while receiving parental leave payments, subject to section 71CD of the Act.” Regulation 8(2) is amended by inserting “and (1A) (as the case may be)” after “subclause (1)”.
New regulation 8A inserted The following regulation is inserted after regulation 8: (2) 8 “8A Documents that must be provided with application if mother is self­employed “(1) An application for a parental leave payment made by a mother as a self­employed person must be accompanied by— “(a) a certiﬁcate or a copy of a certiﬁcate from a medical practitioner or a midwife stating that the mother is preg­ nant and stating the expected date of delivery; or in the case of adoption,— “(i) a letter from a Social Worker (as deﬁned in sec­ tion 2 of the Adoption Act 1955) stating that the self­employed person is keeping or will be keep­ “(b) 4 2006/131 Parental Leave and Employment Protection Amendment Regulations 2006 r 10 “(ii) ing a child in the self­employed person’s home with a view to adoption; or a certiﬁed copy of an interim order of a court under section 6(1)(b) of the Adoption Act 1955; or “(iii) a copy of a statutory declaration to the effect that the self­employed person has assumed the care of a child with a view to adoption by the self­ employed person, or by the self­employed person and her spouse or partner jointly.
“(2) The application must also be accompanied by either— “(a) “(b) a statement and declaration by a chartered accountant in respect of the mother in the form set out in form 5 of the Schedule; or a declaration made by the mother, in accordance with the Oaths and Declarations Act 1957, in the form set out in form 6 of the Schedule.” 9 10 Information that employers must give Regulation 9(2)(d)(i) is amended by omitting “; or” and sub­ stituting “; and”.
New regulation 10 substituted Regulation 10 is revoked and the following regulation is sub­ stituted: “10 Manner in which application for transfer of paid parental leave must be made “(1) An application for transfer of all or part of an entitlement to a parental leave payment must be made in writing on the form provided by the Commissioner of Inland Revenue and sent to the address speciﬁed for that purpose on the form.
“(2) The application must be signed by— “(a) “(b) the mother and her spouse or partner, and by the em­ ployer of the spouse or partner, if the application is be­ ing made for the transfer of a parental leave payment to an employee; or the mother and her spouse or partner, if the application is being made for the transfer of a parental leave pay­ ment to a self­employed person.” 5 Parental Leave and Employment Protection Amendment Regulations 2006 2006/131 Information that mothers and spouses must give on transfer application The heading to regulation 11 is amended by inserting “or part­ ners” after “spouses”.
Regulation 11 is amended by revoking subclause (3) and sub­ stituting the following subclauses: If the mother’s spouse or partner to whom all or part of the entitlement to a parental leave payment is to be transferred is a self­employed person, the mother must specify on the trans­ fer application that the self­employed person is her spouse or partner and the spouse or partner must specify— “(a) “(b) his or her current or estimated tax code; and the date that the spouse or partner will commence parental leave and, in the case of a spouse or partner who intends to take a period of parental leave of less than 14 weeks, the date on which he or she intends to return to work; and that he or she has worked as a self­employed person for at least an average of 10 hours a week over the immedi­ ately preceding 6 months or the immediately preceding 12 months before the expected date of delivery of the child (or, in the case of adoption, the date on which he or she, with a view to adoption, ﬁrst assumes care of the child); and if the spouse or partner is engaged in multiple self­em­ ployment, which of the following categories he or she falls within: “(i) he or she is engaged in more than 1 type of work concurrently during either a 6­month or 12­month period: “(ii) he or she is engaged in more than 1 type of work consecutively during a 6­month or 12­month period with the break between the types of work being no greater than 30 days; and that he or she will not work while receiving parental leave payments, subject to the exceptions in section 71CD of the Act; and that he or she intends to assume care of the child to be born to his or her spouse or partner, or intends to assume “(c) “(d) “(e) “(f) r 11 11 (1) (2) “(3) 6 2006/131 Parental Leave and Employment Protection Amendment Regulations 2006 r 15 (with a view to adopt) the care of a child who is not more than 5 years of age.
“(4) The mother and the spouse or partner must make a statement that the information given under subclauses (1) to (3) (as the case may be) is correct.” 12 New regulation 11A inserted The following regulation is inserted after regulation 11: “11A Documents that must be provided with transfer application if spouse or partner is self­employed If the mother’s spouse or partner to whom all or part of the entitlement to a parental leave payment is to be transferred is a self­employed person, the application must be accompanied by either— “(a) a statement and declaration by a chartered accountant in respect of the spouse or partner in the form set out in form 5 of the Schedule; or a declaration made by the spouse or partner, in accord­ ance with the Oaths and Declarations Act 1957, in the form set out in form 6 of the Schedule.” “(b) 13 (1) (2) 14 15 (1) Information that employers must give on transfer application Regulation 12(1) is amended by omitting “the employer” and substituting “an employer”.
Regulation 12(2)(d)(i) is amended by omitting “; or” and sub­ stituting “; and”.

Applications if mother dies or spouse or partner becomes sole guardian Regulation 13(1) is amended by omitting “section 39A” and substituting “section 72B”.
Notices about early return to work, etc Regulation 14 is amended by omitting subclause (1) and sub­ stituting the following subclause: 7 r 16 Parental Leave and Employment Protection Amendment Regulations 2006 2006/131 “(1) This regulation applies to a mother or her spouse or partner if, during the period for which either of them is receiving a parental leave payment under the Act,— “(a) the one receiving the payment returns to work as an employee or self­employed person; or the ﬁxed term employment agreement of the one receiv­ ing the payment ends; or the one receiving the payment resigns from his or her employment or ceases to be self­employed.” “(b) “(c) Regulation 14(2)(b) is amended by inserting “or of cessation of self­employment” after “effect”.
New forms added to Schedule The Schedule is amended by adding the form 5 and form 6 set out in the Schedule of these regulations.
Schedule New form 5 and form 6 added to principal regulations “Form 5 “Statement and declaration to be made by chartered accountant in respect of self­employed persons r 16 rr 8A(2), 11A (2) 16 “ 8 2006/131 Parental Leave and Employment Protection Amendment Regulations 2006 Schedule Form 5—continued “Form 6 “Declaration to be made by self­employed persons” rr 8A(2), 11A “ 9 Schedule Parental Leave and Employment Protection Amendment Regulations 2006 2006/131 Form 6—continued 10 2006/131 Parental Leave and Employment Protection Amendment Regulations 2006 Explanatory note Form 6—continued Diane Morcom, Clerk of the Executive Council.
Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations amend the Parental Leave and Employment Protection Regulations 2002 (the principal regulations).

Most of the amendments come into force on 1 July 2006.

The amendments apply in respect of children born, expected to be born, or adopted on or after 1 July 2006.
However, applications for parental leave payments and the transfer of parental leave payments may be made before that date.

These regulations set out the information and documents that must be provided in respect of a self­employed person who is applying for a parental leave payment or the transfer of a parental leave payment.
Notably, a self­employed person must provide either— •• a statement and declaration by his or her chartered accountant relating to his or her eligibility for a parental leave payment; or a declaration under the Oaths and Declarations Act 1957 by the self­employed person relating to his or her eligibility for a parental leave payment.
•• 11 Parental Leave and Employment Protection Amendment Regulations 2006 2006/131 The form of the statement and declaration by the chartered account­ ant and the alternative declaration by the self­employed person are set out in new form 5 and form 6.

Other regulations in the principal regulations are also amended so that self­employed persons are treated consistently with employees.
For example, self­employed persons who return to work early are required to notify the Inland Revenue Department in the same way that employees are required to do so.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 25 May 2006.

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