Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Payment for parental leave - Applications for parental leave payment

71IA: Discretion to approve irregular applications

You could also call this:

“Labour department can allow parental leave pay even if you made a mistake on your form”

The department can approve a parental leave payment even if there’s a problem with your application. They will look at how big the problem is and if you were trying to do the right thing when you applied. But they can’t use this special power if you and your employer are arguing about the issue.

If the department decides to approve your application, they can fix the problem or give you more time to sort things out. They might set some rules for you to follow.

A problem with your application could mean:

  • You didn’t apply before the date you were supposed to
  • You didn’t apply in the right way
  • You didn’t give all the information or documents needed
  • You didn’t say if you want to give some of your payment to someone else
  • You made some other mistake when filling out the form

The department can decide to approve your application even if you made one of these mistakes.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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=DLM121589.

Previous

71I: Applications for payment, or

“How to ask for money when you take time off to look after a new child”

Next

71J: Duration of parental leave payment, or

“How long you can get paid parental leave for”

Part 7A Payment for parental leave
Applications for parental leave payment

71IADiscretion 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—

  3. the extent of the irregularity (including whether the extent of the irregularity was reasonable in all of the circumstances); and
    1. whether the person was acting in good faith.

      1. 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.

      2. 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.

      3. In this section, irregularity means—

      4. failing to make the application for payment before the relevant date in section 71I; or
        1. applying in a manner other than that prescribed in the regulations; or
          1. failing to specify all the matters or include all the documents prescribed in the regulations; or
            1. failing to state whether the person wishes to transfer all or part of the entitlement under section 71E; or
              1. otherwise applying irregularly in matter of form.

                Notes
                • Section 71IA: inserted, on , 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 , by section 64(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                • Section 71IA(2)(b): amended, on , by section 64(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                • Section 71IA(5)(d): amended, on , by section 64(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).