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Parental Leave and Employment Protection Act 1987

Remedies available to employees - Role of Labour Inspectors in relation to self-employed persons

70G: Labour Inspectors may make determinations in respect of self-employed persons

You could also call this:

“Labour inspectors can check if self-employed people can get parental leave money”

Labour Inspectors can help figure out if you’re eligible for parental leave payments if you work for yourself. If the government department asks them to, they can check if you meet the requirements and work out how much money you might get each week.

The government department can give the Labour Inspector information that you’ve provided to help them make their decision. If the Labour Inspector needs more details to do their job, they can ask you for extra information.

Once the Labour Inspector has made a decision, they need to let you and the government department know as soon as they can. Their decision is considered good evidence of what they’ve decided, but it’s not the final say.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121095.

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“Labour Inspector can cancel and reissue notices about parental leave”

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“State workers have special ways to protect their job and rights”

Part 7 Remedies available to employees
Role of Labour Inspectors in relation to self-employed persons

70GLabour Inspectors may make determinations in respect of self-employed persons

  1. A Labour Inspector may, if requested by the department,—

  2. determine whether a self-employed person meets the parental leave payment threshold test; and
    1. determine a self-employed person's average weekly earnings for the purpose of section 71M(lA).

      1. The department may, for the purposes of obtaining a determination under this section, supply to the Labour Inspector any information provided by the self-employed person.

      2. The Labour Inspector may, for the purposes of carrying out the Inspector's functions under this section, request the self-employed person to provide any further information relevant to the matter being determined by the Labour Inspector.

      3. A Labour Inspector must, as soon as practicable after making a determination, serve a copy on the self-employed person and the department.

      4. The consequence of a determination is that it is prima facie evidence of the matter determined.

      Notes
      • Section 70G: inserted, on , by section 20 of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
      • Section 70G(1)(a): replaced, on , by section 47 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).