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Rest and Meal Breaks—Proposed Legislative Changes

Tuesday 27 April 2010 Hansard source (external site)

Bennett11. DAVID BENNETT (National—Hamilton East) Link to this
to the Minister of Labour

Why is the Government amending legislation relating to rest and meal breaks?

WilkinsonHon KATE WILKINSON (Minister of Labour) Link to this

The Government is concerned that the current regime is too inflexible. It is important for all workers to have reasonable rest and meal breaks, but there needs to be sufficient flexibility in the legislation so that it works for all industries, all employers, and all employees. We have a bill for consideration tonight that will do just that.

BennettDavid Bennett Link to this

What feedback has the Minister received on the bill?

WilkinsonHon KATE WILKINSON Link to this

I have received numerous emails and letters from New Zealanders who are frustrated with the practical implications of the current law, including one communication from a teacher, who said: “The current legislation has made things worse for schools, not better. I believe that teachers need more flexibility in their break times, and things were working well beforehand. Our duty times have doubled from 45 minutes a week to 90 a week, as our management team insists this has to happen to cater for the law.”

MallardHon Trevor Mallard Link to this

Does she agree with the statement that the current legislation merely codifies what went before; if so, can she remember who made that statement?

WilkinsonHon KATE WILKINSON Link to this

Yes. That was an aspirational statement made by me during the reading of the bill passed by the previous Government. As the member will well realise and remember, we had raised concerns that the major issue was not in relation to the provision of the breaks but to the prescriptive nature of the timing of those breaks. Our fears have been realised, and we are fixing it.

MallardHon Trevor Mallard Link to this

Can she remember using the air traffic controllers as the major reason for the urgency behind this bill, and is she aware that when the parties sat down they sorted it out very easily?

WilkinsonHon KATE WILKINSON Link to this

Certainly the air traffic issue was a catalyst for considering the flawed legislation, but the Civil Aviation Authority was only one of several groups that approached me about this flawed legislation. We listened to them, and we are fixing it.

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