New Zealand
Governed by Employment Relations Act 2000 + Minimum Wage Act + Holidays Act 2003. No statutory max hours (40 h is OT trigger). Daily rest per employment agreement. 11 public holidays. Flexible working from day one (2024).
Disclaimer: This country guide is provided for informational purposes only and does not constitute legal advice. While we update it regularly, it may not reflect ongoing regulatory changes. Illizeo SA accepts no liability for actions taken or not taken based on this content.
Statutory working time
No statutory max · 40 h typical by contract
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Typical | 40 h/wk | Employment agreement | Standard |
| Statutory cap | None | ERA 2000 | No statutory cap |
| Minimum Wage Act | Hours worked paid | MWA | Including training |
| 2024 reform | Triangular employment | Bill | For Q4 2026 |
Overtime
No statutory definition · per employment agreement · no cap
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Statutory OT | No definition | ERA | Per agreement |
| Compensation | Per agreement | Agreement | Often 1.5x |
| TOIL | Possible | Agreement | Time in lieu |
| Refusal | Possible if not in agreement | ERA | Reasonable |
Rest & breaks
Mandatory rest break/4 h · no statutory daily rest
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Break /2-4 h | 10 min paid | ERA Sec. 69ZD | Standard |
| Break /4-6 h | 30 min meal unpaid | ERA | Meal |
| Daily rest | Not statutory | ERA | Per agreement |
| Weekly rest | 2 d typical | Agreement | Standard |
Night / Sunday / holiday work
Night not regulated · 11 public holidays · Sunday not regulated
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Night | Not regulated | ERA | Per agreement |
| Public holidays | 11 days | Holidays Act 2003 | Fixed list |
| Holiday comp | Day off + 50 % loading | Holidays Act | If worked |
| Mondayisation | Some holidays Mondayised | Holidays Act | If on weekend |
Time recording
Holiday and Leave Records + Wage records mandatory · 6 years
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Obligation | Records hours + leave | Holidays Act | All employees |
| Retention | 6 years | Holidays Act | Available to employee |
| Form | Paper or electronic | Holidays Act | Either |
| Penalties | Up to NZD 20,000 | ERA | Per offense |
Remote & flex work
Flexible working from day 1 (Feb 2024) · no statutory right to disconnect
| Topic | Rule | Legal basis | Reference |
|---|---|---|---|
| Legal framework | 2007 Act + amendments | ERA Part 6AA | National framework |
| Right to request | From day 1 since 2024 | Statutes Amendment Act | 1-month response |
| Right to Disconnect | Not statutory | — | 2024 Bill in discussion |
| Remote expenses | IRD reasonable | Income Tax Act | No flat rate |
| Work injury at home | ACC covers | Accident Compensation Act | If work-linked |
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