Public Service Act 2020

People working in public service - Public service workforce - Employment in public service continuous for purpose of certain enactments

94: Regulations relating to treatment of employment as continuous under section 91

You could also call this:

"Rules for when your job is treated as continuous and how you get holidays"

The Governor-General can make rules about how your employment is treated as continuous. You need to know these rules apply to public service agencies and their employees. These rules are about leave entitlements, like annual holidays, and how they are recorded and taken.

The Governor-General can make rules about how leave entitlements are treated, including the order in which they are taken. You can find more information about leave entitlements in section 91(1)(a) and (b). The rules can also specify when section 91 does not apply to your annual holidays.

The Governor-General can also make rules about transferring accumulated leave balances for the purpose of section 91. These rules can apply differently to different employees or circumstances. The Minister must recommend some of these rules after consulting with public service agencies and other parties.

In this section, an annual holiday means a holiday provided under subpart 1 of Part 2 of the Holidays Act 2003. You can find more information about secondary legislation, like these rules, in Part 3 of the Legislation Act 2019.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS356939.

Topics:

Government and voting > Government departmentsWork and jobs > Worker rights

93: Further provision in relation to application of section 91 to annual holidays, or

"What happens to your annual holiday pay when you leave your job"

95: Commissioner’s functions in relation to this Part, or

"The Commissioner helps government agencies work well together on workforce matters."

Part 3People working in public service
Public service workforce: Employment in public service continuous for purpose of certain enactments

94Regulations relating to treatment of employment as continuous under section 91

The Governor-General may, by Order in Council, make regulations for the following purposes:
prescribing requirements applicable to public service agencies to ensure that, in respect of public service employees, the entitlements to leave specified in section 91(1)(a) and (b) can be separately identified, including—
1. prescribing requirements or any other matters concerning the manner of recording leave entitlements and the taking of leave; and
2. without limiting subparagraph (i), prescribing requirements about the order in which entitlements to leave referred to in section 91(1)(a) or (b) and other leave entitlements are to be treated as having been taken:
specifying an amount of annual holidays not taken at or above which section 91 does not apply:
prescribing time frames within which the transfer of accumulated leave balances for the purpose of section 91 must occur.

Regulations made under this section may apply differently to different classes of employees or circumstances or on any other differential basis.
Regulations may be made under subsection (1)(b) only on the recommendation of the Minister, made after consulting with—
public service agencies; and
other parties that the Commissioner thinks fit.

In this section, annual holiday means an annual holiday provided under subpart 1 of Part 2 of the Holidays Act 2003.
Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

Section 94(5): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).