Holidays Act 2003 — public holidays
Public holidays in New Zealand — employer obligations
There are 12 public holidays in NZ. Here's who gets them, how they must be paid, and what happens when employees work on public holidays.
📋 Holidays Act 2003 — public holiday provisions
The 12 NZ public holidays
- New Year's Day (1 January)
- Day after New Year's Day (2 January)
- Waitangi Day (6 February)
- Good Friday
- Easter Monday
- Anzac Day (25 April)
- King's Birthday (first Monday in June)
- Matariki (varies annually)
- Labour Day (fourth Monday in October)
- Christmas Day (25 December)
- Boxing Day (26 December)
- Provincial Anniversary Day (varies by region)
When a public holiday falls on a Saturday or Sunday, it Mondayises — the observed holiday shifts to the following Monday (or Tuesday for Boxing Day), if the weekend day would not have been a normal working day.
Who gets public holidays?
All employees — but only if it falls on a day they would otherwise work
An employee is entitled to a public holiday only if the public holiday falls on a day that would otherwise be a working day for them. A Monday-to-Friday employee gets Easter Monday as a public holiday. A Sunday-only worker would not (unless their normal workday happens to be that specific day).
Not working on a public holiday
Must be paid relevant daily pay
If an employee does not work on a public holiday that falls on what would otherwise be their working day, they must be paid their relevant daily pay (or average daily pay if the daily rate varies). They do not lose a day's pay just because a public holiday falls mid-week.
Working on a public holiday
Time-and-a-half PLUS an alternative holiday
If an employee works on a public holiday, they must receive:
- Time-and-a-half for all hours worked on the public holiday
- An alternative holiday (a paid day off) to be taken later — sometimes called a "day in lieu"
The alternative holiday must be taken by agreement within 12 months. After 12 months, it can be cashed up — or the employer can direct when it is taken.
Transferring a public holiday
Can be moved by written agreement
An employer and employee can agree in writing to observe a public holiday on a different day. This is useful for 24/7 operations. The agreement must be genuine — it cannot be a blanket policy imposed on all employees.
Frequently asked questions
Does a casual employee get public holidays?
A casual employee is entitled to a public holiday if: (a) the public holiday falls on a day that would otherwise be a working day for them, and (b) they have agreed or are required to work that day. For true casuals with no set days, this may not apply — it depends on the pattern of work.
What if a public holiday falls during annual leave?
The public holiday is treated as a public holiday — not as annual leave. The employee gets an extra day of annual leave instead. You cannot make an employee use their annual leave entitlement on a public holiday.
What is 'relevant daily pay'?
Relevant daily pay is what the employee would have earned had they worked that day — including regular allowances but excluding irregular overtime. If the daily pay varies, you can use average daily pay (total gross earnings over 52 weeks ÷ days worked).
Can we require employees to work on public holidays?
Yes, if their employment agreement contains a lawful requirement to work on public holidays. But they must still receive time-and-a-half and an alternative holiday. You cannot contract out of these entitlements.