69ZE Timing of rest breaks and meal breaks
Timing of breaks as agreed

(1)

If an employee and employer have agreed on the times at which the employee is to take rest breaks and meal breaks during the employee’s work period, the rest breaks and meal breaks are to be taken at those times.

Timing of breaks in absence of agreement

(2)

In the absence of an agreement, the rest breaks and meal breaks are to be taken in accordance with the applicable provision in subsections (3) to (7).

Work period between 2 hours and 4 hours

(3)

If section 69ZD(2) applies, an employer must, so far as is reasonable and practicable, provide the employee with the rest break in the middle of the work period.

Work period between 4 hours and 6 hours

(4)

If section 69ZD(3) applies, an employer must, so far as is reasonable and practicable, provide the employee with—

(a)

the rest break one-third of the way through the work period; and

(b)

the meal break two-thirds of the way through the work period.

Work period between 6 hours and 8 hours

(5)

If section 69ZD(4) applies, an employer must, so far as is reasonable and practicable, provide the employee with—

(a)

a rest break halfway between the start of work and the meal break; and

(b)

the meal break in the middle of the work period; and

(c)

a rest break halfway between the meal break and the finish of the work period.

Work period over 8 hours

(6)

If section 69ZD(5) and (6) apply, an employer must, so far as is reasonable and practicable, provide the employee with—

(a)

a rest break halfway between the start of work and the meal break; and

(b)

the meal break in the middle of the work period; and

(c)

a rest break halfway between the meal break and the finish of the work period.

(7)

If section 69ZD(5) and (7) apply, an employer must, so far as is reasonable and practicable, provide the employee with the breaks as follows:

(a)

if the subsequent period is 2 hours or more but not more than 4 hours, the rest break in the middle of the subsequent period:

(b)

if the subsequent period is more than 4 hours but not more than 6 hours,—

(i)

the rest break one-third of the way through the subsequent period; and

(ii)

the meal break two-thirds of the way through the subsequent period:

(c)

if the subsequent period is more than 6 hours but not more than 8 hours,—

(i)

a rest break halfway between the start of the subsequent period and the meal break; and

(ii)

the meal break in the middle of the subsequent period; and

(iii)

a rest break halfway between the meal break and the finish of the subsequent period.

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