New Zealand Acts

PARENTAL LEAVE AND EMPLOYMENT PROTECTION ACT 1987 - SECT 71IA

71IA Discretion to approve irregular applications

1 The department may approve the making of a parental leave payment to a person despite an irregularity in his or her application for the payment.

2 In deciding whether to approve the making of a parental leave payment under subsection (1), the department must have regard to—

a) the extent of the irregularity (including whether the extent of the irregularity was reasonable in all of the circumstances); and

b) whether the person was acting in good faith.

3 However, the department may not exercise its discretion under this section if the matter giving rise to the irregularity is disputed between an employee and an employer.

4 The department may, in order to approve the application, amend or waive the irregularity or extend the time within which anything is to be or may be done, subject to terms, if any, that the department thinks fit in the circumstances of the application.

5 In this section,
"irregularity" means—

a) failing to make the application for payment before the relevant date in section 71I ; or

b) applying in a manner other than that prescribed in the regulations; or

c) failing to specify all the matters or include all the documents prescribed in the regulations; or

d) failing to state whether the person wishes to transfer all or part of the entitlement under section 71E ; or

e) otherwise applying irregularly in matter of form.

History: Section 71IA: inserted, on 1 July 2006, by section 31 of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).   Section 71IA(1): amended, on 1 April 2016, by section 64(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71IA(2)(b): amended, on 1 April 2016, by section 64(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).     Section 71IA(5)(d): amended, on 1 April 2016, by section 64(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).