New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 2

2 Interpretation

1 In this Act, unless the context otherwise requires,—  
"6-month employment test" has the meaning given in section 2BA     
"12-month employment test" has the meaning given in section 2BA     
"chief executive" means the chief executive of the department    
"Chief of Defence Force" means the officer appointed under section 8 of the Defence Act 1990     
"company" has the same meaning as in section 2(1) of the Companies Act 1993 ; and includes an overseas company within the meaning of that Act    
"court" means the Employment Court constituted under the Employment Relations Act 2000     
"department" means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act    
"employee" —  

a) means a person who is an employee within the meaning of section 6 of the Employment Relations Act 2000 ; and

b) in the context of provisions of this Act that relate to entitlements to parental leave payments in respect of a child, includes a person who was an employee for any 26 of the 52 weeks immediately preceding—

i) the expected date of delivery of the child (in the case of a child to be born to the employee or to the employee’s spouse or partner); or

ii) the first date on which either the employee or the employee’s spouse or partner becomes the primary carer in respect of the child (in any other case)

"employer" means any person employing any employee or employees  
"employment agreement" has the meaning given to that term in section 5 of the Employment Relations Act 2000 and, for the avoidance of doubt, includes any employment contract that continues in force under section 242 of the Employment Relations Act 2000     
"Employment Relations Authority" means the Employment Relations Authority established under the Employment Relations Act 2000     
"expected date of delivery" , in respect of a pregnant woman, means the date certified in writing by a medical practitioner or midwife as being the date on which that medical practitioner or midwife diagnoses that the pregnant woman may give birth to a child    
"extended leave" —  

a) means extended leave to which an employee is entitled in accordance with this Act; and

b) includes, for the purposes of Parts 6 to 7A only, rights and benefits in the nature of extended leave to which an employee is entitled by virtue of—

i) any Act other than this Act; or

ii) any employment agreement

"keeping-in-touch day" means a day that would otherwise be a day of parental leave, but on which an employee performs paid work for an employer in accordance with section 71CE(2) or 71DB(1)   
"medical practitioner" means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine    
"member of the Armed Forces" has the meaning given in section 2(1) of the Armed Forces Discipline Act 1971     
"midwife" means a health practitioner who is, or is deemed to be, registered with the Midwifery Council established by section 114(3) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of midwifery    
"Minister" means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act    
"negotiated carer leave" means a period of leave requested by an employee under Part 3A     
"parental leave" —  

a) means, for an employee,—

i) primary carer leave to which the employee is entitled in accordance with this Act:

ii) partner’s leave to which the employee is entitled in accordance with this Act:

iii) extended leave to which the employee is entitled in accordance with this Act:

ab) means, for a self-employed person, a period during which the self-employed person temporarily does not work because of the birth of a child or the assumption of care of a child by the person or the person's spouse or partner (subject to section 71CD ):

b) includes, for the purposes of Parts 6 to 7A only,—

i) negotiated carer leave granted by an employer to an employee; and

ii) rights and benefits in the nature of any of the kinds of leave described in paragraph (a) to which an employee is entitled by virtue of—

A) any Act other than this Act; or

B) any employment agreement

"parental leave payment threshold test" has the meaning given in section 2BA(4)   
"partner" , in the phrase spouse or partner and in related contexts, means a civil union partner or a de facto partner    
"partner’s leave" —  

a) means partner’s leave to which an employee is entitled in accordance with this Act; and

b) includes, for the purposes of Parts 6 to 7A only, rights and benefits in the nature of partner’s leave to which an employee is entitled by virtue of—

i) any Act other than this Act; or

ii) any employment agreement

"primary carer" has the meaning given in section 7   
"primary carer leave" means primary carer leave to which an employee is entitled in accordance with this Act    
"self-employed" means working in 1 or more of the following, other than as an employee:  

a) providing goods or services for hire or reward under a contract for services:

b) carrying on a business (including a profession, trade, manufacture, or undertaking carried on for pecuniary profit), including in partnership with another person:

c) working for a trust in a business (as defined in paragraph (b)) carried on by the trust

"self-employed person" —

a) means a person who is self-employed; and

b) in the context of provisions that relate to entitlements to parental leave payments in respect of a child, includes a person who was self-employed for any 26 of the 52 weeks immediately preceding—

i) the expected date of delivery of the child (in the case of a child to be born to the self-employed person or to the self-employed person’s spouse or partner); or

ii) the first date on which either the self-employed person or the self-employed person’s spouse or partner becomes the primary carer in respect of the child (in any other case)

"spouse" means a husband or wife  
"union" means a union registered under the Employment Relations Act 2000 .  

2

3

Note: 1980 No 162 s 2

History: Section 2(1): substituted, on 15 May 1991, by section 2(1) of the Parental Leave and Employment Protection Amendment Act 1991 (1991 No 28).   Section 2(1) 6-month employment test: inserted, on 1 April 2016, by section 6(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) 12-month employment test: inserted, on 1 April 2016, by section 6(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) chief executive: inserted, on 1 July 2002, by section 7(4) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(1) Chief of Defence Force: inserted, on 1 April 2016, by section 6(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) company: replaced, on 5 December 2013, by section 14 of the Companies Amendment Act 2013 (2013 No 111).     Section 2(1) contract of employment: repealed, on 1 July 2002, by section 22 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(1) court: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).     Section 2(1) department: inserted, on 1 July 2002, by section 7(4) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(1) employee: replaced, on 1 April 2016, by section 6(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) employment agreement: inserted, on 1 July 2002, by section 22 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(1) Employment Relations Authority: inserted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).     Section 2(1) Employment Tribunal: repealed, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).     Section 2(1) expected date of delivery: substituted, on 1 July 2002, by section 10 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(1) extended leave paragraph (b): amended, on 1 April 2016, by section 6(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) extended leave paragraph (b): amended, on 1 July 2002, by section 7(5) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(1) extended leave paragraph (b)(ii): amended, on 1 July 2002, by section 22 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(1) keeping-in-touch day: inserted, on 1 April 2016, by section 6(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) maternity leave: repealed, on 1 April 2016, by section 6(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) medical practitioner: inserted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).     Section 2(1) member of the Armed Forces: inserted, on 1 April 2016, by section 6(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) midwife: substituted, on 18 September 2004, by section 175(1) of the Health Practitioners Competence Assurance Act 2003 (2003 No 48).     Section 2(1) Minister: inserted, on 1 July 2002, by section 7(4) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(1) negotiated carer leave: inserted, on 1 April 2016, by section 6(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) parental leave paragraph (a): substituted, on 1 July 2006, by section 8(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).     Section 2(1) parental leave paragraph (a)(i): amended, on 1 April 2016, by section 6(4) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) parental leave paragraph (a)(ii): amended, on 1 April 2016, by section 6(5) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) parental leave paragraph (ab): inserted, on 1 July 2006, by section 8(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).     Section 2(1) parental leave paragraph (b): replaced, on 1 April 2016, by section 6(6) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) parental leave payment threshold test: inserted, on 1 April 2016, by section 6(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) partner: inserted, on 26 April 2005, by section 3(1) of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).     Section 2(1) partner’s leave: inserted, on 1 April 2016, by section 6(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) partner’s/paternity leave: repealed, on 1 April 2016, by section 6(7) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) paternity leave: repealed, on 1 July 2002, by section 21 of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(1) primary carer: inserted, on 1 April 2016, by section 6(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) primary carer leave: inserted, on 1 April 2016, by section 6(9) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) self-employed: inserted, on 1 July 2006, by section 8(2) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).     Section 2(1) self-employed person: replaced, on 1 April 2016, by section 6(8) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(1) spouse: substituted, on 26 April 2005, by section 3(2) of the Parental Leave and Employment Protection Amendment Act 2005 (2005 No 18).     Section 2(1) State employee: repealed, on 1 July 2002, by section 14(3) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(1) State services: repealed, on 1 July 2002, by section 14(3) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(1) union: substituted, on 1 July 2002, by section 7(3) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).     Section 2(2): repealed, on 1 April 2016, by section 6(10) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 2(3): repealed, on 1 April 2016, by section 6(10) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).