69ZEAExemption from requirement to provide rest breaks and meal breaks

1. An employer is exempt from the requirement to provide rest breaks and meal breaks in accordance with section 69ZD(1) if subsection (2) or (3) applies.

2. This subsection applies if—

3. the employer is engaged in the protection of New Zealand’s national security; and
4. continuity of service is critical to New Zealand’s national security; and
5. the employer would incur unreasonable costs in replacing an employee, employed in the protection of New Zealand’s national security, during the rest breaks and meal breaks—
   1. with another person who has sufficient skills and experience; and
   2. without compromising New Zealand’s national security.

6. This subsection applies if—

7. the employer is engaged in an essential service; and
8. continuity of service or production in the essential service is critical to the public interest, including (without limitation) services affecting public safety; and
9. the employer would incur unreasonable costs in replacing an employee, employed in the essential service, during the rest breaks and meal breaks—
   1. with another person who has sufficient skills and experience; and
   2. without compromising public safety.

10. If subsection (2) or (3) applies, the employer and employee may agree that any rest breaks and meal breaks are to be taken in a different manner (including the number and timing of breaks) than specified in this Part.

Notes

• Section 69ZEA: replaced, on 6 May 2019, by section 43 of the Employment Relations Amendment Act 2018 (2018 No 53).