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Parental Leave and Employment Protection Act 1987

Miscellaneous provisions

73: Regulations

You could also call this:

“Rules for parental leave and payments”

The Governor-General can make rules about parental leave and payments. These rules can cover many things. They can say how you should apply for parental leave payments and what information you need to give. They can also set rules for self-employed people who want parental leave payments.

The rules can say what proof you need to show your boss if you want parental leave for a child you or your partner didn’t give birth to. They can also say what you need to do to get a payment for a preterm baby.

The Governor-General can increase the amount of money for parental leave payments. They can also let more types of people get these payments.

The Minister must suggest these rules, and they need to talk to important people before making suggestions. If they forget to talk to someone, the rules can still work.

Some of these rules need to be confirmed by an Act of Parliament. All of these rules are what’s called “secondary legislation”, which means they have to be published in a certain way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121784.

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“Rules for handling self-employed people's parental leave cases”

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Part 8 Miscellaneous provisions

73Regulations

  1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. prescribing forms for the purposes of this Act:
    1. prescribing the manner in which an application for, or other notices relating to, a parental leave payment must be made:
      1. prescribing the information that must be given in, or the documents that must be attached to, an application for, or other notice relating to, a parental leave payment:
        1. prescribing the information that self-employed persons must give in, or the documents that self-employed persons must attach to, an application for, or other notices relating to, a parental leave payment:
          1. prescribing the evidence that must be provided to an employer by an employee who requests parental leave in respect of a child to whom the employee, or the employee’s spouse or partner, does not give birth:
            1. prescribing the information that must be given in, or the documents that must be attached to, an application for, or other notice relating to, a preterm baby payment:
                1. increasing the amount under section 71O:
                    1. extending the class or classes of person entitled to a parental leave payment under Part 7A:
                      1. prescribing procedures and practices for the implementation of this Act:
                        1. providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for the due administration thereof.

                          1. No regulations may be made under this section about parental leave payments unless they are made in accordance with a recommendation of the Minister.

                          2. The Minister must not make that recommendation without first consulting with any persons or organisations that the Minister considers appropriate, having regard to the subject matter of the proposed regulations.

                          3. Repealed

                          4. Repealed

                          5. A failure to comply with subsection (3) does not affect the validity of any regulation made under this Act.

                          6. Regulations under this section—

                          7. are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                            1. if they are made under subsection (1)(ad) or (ae), must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

                              Compare
                              • 1980 No 162 s 48
                              Notes
                              • Section 73(1)(aa): inserted, on , by section 5(1) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
                              • Section 73(1)(ab): replaced, on , by section 80(1) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                              • Section 73(1)(aba): inserted, on , by section 45(1) of the Parental Leave and Employment Protection (Paid Parental Leave for Self-Employed Persons) Amendment Act 2006 (2006 No 20).
                              • Section 73(1)(abb): inserted, on , by section 80(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                              • Section 73(1)(abc): inserted, on , by section 80(2) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                              • Section 73(1)(ac): repealed, on , by section 80(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                              • Section 73(1)(ad): inserted, on , by section 5(1) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
                              • Section 73(1)(ada): repealed, on , by section 80(3) of the Parental Leave and Employment Protection Amendment Act 2016 (2016 No 8).
                              • Section 73(1)(ae): inserted, on , by section 5(1) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
                              • Section 73(2): added, on , by section 5(2) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
                              • Section 73(3): added, on , by section 5(2) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
                              • Section 73(4): repealed, on , by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).
                              • Section 73(5): repealed, on , by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).
                              • Section 73(6): added, on , by section 5(2) of the Parental Leave and Employment Protection (Paid Parental Leave) Amendment Act 2002 (2002 No 7).
                              • Section 73(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).