Despite being frustrating to navigate, the Act is staying in its current form for the time being
New Zealand’s Holidays Act faces growing scrutiny from legal experts and HR professionals alike, with its framework creating risks for employers operating in today’s flexible work environment.
Whilst frustrating to navigate for employers, the Holidays Act remains in place in its current state – with the government “aware of longstanding concerns” and a reform plan currently in the works.
“Resolving these issues is a priority for the Government,” the Ministry of Business, Innovation and Employment, say on their website.
“In December 2024, officials were directed by the Minister for Workplace Relations and Safety to take a new approach to reforming the Holidays Act, with a focus on simplicity, improving workability and reducing compliance costs,” the statement reads.
According to Michael Witt, partner at McVeagh Fleming law firm in Auckland, the legislation no longer reflects the realities of how people work.
“The Holidays Act, as it stands at present, has not kept up with the way workplaces have developed,” he emphasised, “It’s mostly adequate if someone works nine to five, Monday to Friday—but the moment working patterns vary, the Act provides little to no answers.”
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