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Employment Relations Act 2000

Rest breaks and meal breaks

69ZH: Relationship between this Part and other enactments

You could also call this:

“This law explains which break rules to follow when there are different sets of rules for rest and meal breaks.”

This part of the law talks about how rest breaks and meal breaks work when there are different rules about them. You need to know that:

If you get extra or better breaks under this part of the law compared to other laws, then this part applies. But if other laws give you extra or better breaks, then those other laws apply.

If another law says you must take a rest break, then you follow that law instead of this one. However, your employer still needs to make sure you get at least the same number of breaks and that they are at least as long as the breaks in this part of the law.

Remember, these rules are about making sure you get fair breaks at work, even when different laws might apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1940675.

Topics:
Work and jobs > Worker rights
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69ZG: Relationship between Part and employment agreements, or

“ This law explains how work agreements and rest break rules work together, making sure you get fair breaks at work. ”

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70: Object of this Part, or

“This part aims to give some workers paid time off to learn about work relationships, helping everyone get along better and follow the rules.”

Part 6D Rest breaks and meal breaks

69ZHRelationship between this Part and other enactments

  1. If an employee is provided with, or entitled to, rest breaks or meal breaks under an enactment other than this Part,—

  2. this Part prevails if the breaks provided under this Part are additional or enhanced breaks:
    1. the other enactment prevails if the breaks provided under the other enactment are additional or enhanced breaks.

      1. If an employee is required to take a rest break by, or under, an enactment other than this Part, the requirement for a rest break defined by, or under, the other enactment applies instead of the provisions or entitlements for rest breaks or meal breaks provided under this Part.

      2. However, if subsection (2) applies, the employee’s employer must provide the employee with—

      3. at least the same number of breaks as provided under this Part; and
        1. breaks of at least the same duration as the breaks provided under this Part.

          Notes
          • Section 69ZH: replaced, on , by section 45 of the Employment Relations Amendment Act 2018 (2018 No 53).