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Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill (Consistent) [2009] NZBORARp 56 (14 September 2009)

Last Updated: 28 April 2020

Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill

14 September 2009

ATTORNEY-GENERAL LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990: EMPLOYMENT RELATIONS (REST BREAKS AND MEAL BREAKS) AMENDMENT BILL

1. We have considered whether the Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill (PCO 13952/4.1) (the “Bill”) is consistent with the New Zealand Bill of Rights Act 1990 (the “Bill of Rights Act”). We understand that the Bill is likely to be considered by the Economic Growth and Infrastructure Committee at its meeting on Wednesday, 16 September 2009.

2. We also understand the Bill may be subject to substantive changes before it is

introduced into the House of Representatives because EGI will be asked to consider some further policy proposals relating to this Bill. We will provide you with further advice should this be necessary.

3. The Bill thoroughly amends Part 6D of the Employment Relations Act 2000 (the “Act”). The purpose of the changes is to implement government policy to relax rest break and meal break provisions for employees, to allow more flexibility for employers and employees to negotiate mutually workable arrangements within their workplaces.

4. Under the Bill, an employee is entitled to, and an employer must provide an employee with meal breaks and paid rest breaks, or compensatory measures.

5. New section 69ZI of the Act provides that employees in essential services (listed in

Schedule 1 of the Act) are not entitled to rest breaks and meal breaks or compensatory measures under this Bill. We note that the Minister of Labour may ask EGI to agree with removal of this clause.

6. This advice has been prepared by the Public Law Group and the Office of Legal

Counsel. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.

Jeff Orr

Chief Legal Counsel

Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Employment Relations (Rest Breaks and Meal Breaks) Amendment Bill. It should not be used or acted upon for any other purpose. The advice does no more than

assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter.