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Employment Relations Act 2000

Rest breaks and meal breaks

69ZD: Employee’s entitlement to, and employer’s duty to provide, rest breaks and meal breaks

You could also call this:

“Workers get breaks during their work day, and bosses must give them these breaks.”

You have the right to take breaks during your work day, and your employer must give you these breaks. Here’s what you’re entitled to:

If you work for 2 to 4 hours, you get one 10-minute paid break.

If you work for more than 4 hours up to 6 hours, you get one 10-minute paid break and one 30-minute meal break.

If you work for more than 6 hours up to 8 hours, you get two 10-minute paid breaks and one 30-minute meal break.

If you work for more than 8 hours, you get the same breaks as for 8 hours, plus extra breaks for the time beyond 8 hours. For the extra time:

  • If it’s 2 to 4 hours more, you get one extra 10-minute paid break.
  • If it’s more than 4 hours up to 6 hours more, you get one extra 10-minute paid break and one extra 30-minute meal break.
  • If it’s more than 6 hours up to 8 hours more, you get two extra 10-minute paid breaks and one extra 30-minute meal break.

Your employer must make sure you can take these breaks during your work day.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1940671.

Topics:
Work and jobs > Worker rights
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69ZC: Interpretation, or

“This part explains what 'work period' means in simple terms, including when work starts, ends, and any breaks in between.”

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69ZE: Timing of rest breaks and meal breaks, or

“This law explains when workers should take their breaks during the day if they haven't already agreed on times with their boss.”

Part 6D Rest breaks and meal breaks

69ZDEmployee’s entitlement to, and employer’s duty to provide, rest breaks and meal breaks

  1. An employee is entitled to, and the employee’s employer must provide the employee with, rest breaks and meal breaks in accordance with this Part.

  2. If an employee’s work period is 2 hours or more but not more than 4 hours, the employee is entitled to one 10-minute paid rest break.

  3. If an employee’s work period is more than 4 hours but not more than 6 hours, the employee is entitled to—

  4. one 10-minute paid rest break; and
    1. one 30-minute meal break.

      1. If an employee’s work period is more than 6 hours but not more than 8 hours, the employee is entitled to—

      2. two 10-minute paid rest breaks; and
        1. one 30-minute meal break.

          1. If an employee’s work period is more than 8 hours, the employee is entitled to the rest breaks and meal breaks in accordance with subsections (6) and (7).

          2. During the work period of 8 hours, the employee is entitled to—

          3. two 10-minute paid rest breaks; and
            1. one 30-minute meal break.

              1. During the work period beyond 8 hours (the subsequent period), the employee is entitled to the following:

              2. if the subsequent period is 2 hours or more but not more than 4 hours, to one 10-minute paid rest break:
                1. if the subsequent period is more than 4 hours but not more than 6 hours, to—
                  1. one 10-minute paid rest break; and
                    1. one 30-minute meal break:
                    2. if the subsequent period is more than 6 hours but not more than 8 hours, to—
                      1. two 10-minute paid rest breaks; and
                        1. one 30-minute meal break.

                        Notes
                        • Section 69ZD: replaced, on , by section 43 of the Employment Relations Amendment Act 2018 (2018 No 53).