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Parental Leave and Employment Protection Act 1987

Payment for parental leave - Administration

71ZB: Review of department's decisions about parental leave payment

You could also call this:

“You can ask for a review if you don't agree with decisions about your parental leave payment”

If you are an employee or self-employed person, you can ask the Employment Relations Authority to review decisions made by the department about your parental leave payment. You can do this if you disagree with decisions about:

  1. Whether you can get a parental leave payment
  2. If someone else can transfer their parental leave payment to you
  3. How much money you get for your parental leave payment
  4. If the department takes back money they think they paid you by mistake

You need to ask for a review within 12 months of when you were told about the decision. The Authority can agree with the department’s decision, change it, or decide something completely different.

You can ask for a review of any of these types of decisions that you were told about after this law started.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121765.

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Part 7A Payment for parental leave
Administration

71ZBReview of department's decisions about parental leave payment

  1. An employee or a self-employed person may apply to the Employment Relations Authority for a review of a decision made by the department relating to—

  2. the person's entitlement to a parental leave payment:
    1. whether a parental leave payment may be transferred to the person under section 71E:
      1. the amount of parental leave payment made to the person:
        1. the deduction or recovery of overpayments by the department under section 71X.

          1. An application for review must be made within 12 months after the date on which the decision is notified to the employee or self-employed person.

          2. The Authority may confirm, modify, or reverse the decision of the department.

          3. An application for review under this section may be made in respect of a decision described in subsection (1) that is notified to the person after the commencement of this section.

          Notes
          • Section 71ZB: inserted, on , by section 43 of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
          • Section 71ZB(4): amended, on , by section 76 of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).