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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.”
You could also call this:

“ Some workers in important jobs might not get regular breaks if it's too hard to replace them ”

You don’t always have to have rest breaks and meal breaks at work. Your employer doesn’t have to give you these breaks if certain conditions are met.

If your employer is working to protect New Zealand’s national security, they might not have to give you breaks. This is only if the work needs to keep going without stopping, and if it would cost too much to replace you with someone else who can do the job safely during your break.

The same thing applies if your employer provides an essential service that’s really important for everyone, like something that keeps people safe. If the work can’t stop and it would cost too much to get someone else to cover your break safely, your employer might not have to give you breaks.

If one of these situations applies to you, you and your employer can agree to have your breaks at different times or in a different way than what’s usually required by law.

Remember, these rules are part of the section about rest breaks and meal breaks in the Employment Relations Act 2000.

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Next up: 69ZEB: Compensatory measures

or “When workers don't get their usual breaks, they should get other fair rewards like time off or extra pay”
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Part 6D Rest breaks and meal breaks

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
    1. continuity of service is critical to New Zealand’s national security; and
      1. 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
          1. without compromising New Zealand’s national security.

          2. This subsection applies if—

          3. the employer is engaged in an essential service; and
            1. continuity of service or production in the essential service is critical to the public interest, including (without limitation) services affecting public safety; and
              1. 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
                  1. without compromising public safety.

                  2. 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 , by section 43 of the Employment Relations Amendment Act 2018 (2018 No 53).