An HR guide to public holidays in New Zealand

• 11 public holidays throughout the country 
• 1 anniversary day for the region they work in 

That might look easy to remember from an HR and payroll point of view. But as many of you know, the Holidays Act 2003 is complicated. Even government agencies like Health NZ have made errors in issuing holiday pay. 

The good news: changes to the Holidays Act are underway. While that’s happening, our advice is to:  

• read this article for an overview 
• consult an employment lawyer for more detailed advice 
• bookmark our News section for updates on the Holidays Act 

Here's a list of public holidays and anniversary days: 

NZ public holidays 2025 

Matariki is the newest public holiday on the list, introduced by former prime minister Jacinda Ardern in 2022. Matariki marks the beginning of a new year in Māori culture, and it’s significant that it is now a public holiday. 

Regional anniversary days 

Anniversary days are public holidays that apply to specific regions in New Zealand. These holidays are usually observed on the Monday closest to the official date in the respective province, but this may vary. Employees based in these regions have the same entitlements as a public holiday.  

Here are the anniversary days for each region, listed in alphabetical order: 

Local councils decide on anniversary days for each region. Their choice is based on local customs and practice. 

Conditions for taking public holidays 

Some guidelines for employers to keep in mind regarding public holidays: 

• employees cannot take two public holidays – the actual holiday and the Mondayised version – even if both days were ‘otherwise working days’ (more on Mondayisation and ‘otherwise working days’ later) 
• employees cannot take more than four public holidays over Christmas and New Year 
• employees can take only one anniversary day per year 

HR teams and payroll officers should keep tabs on work rosters and schedules to make sure that the above conditions are met. Using a reliable payroll or HR management software can help. 

Public holiday pay rules 

To establish if employees should get holiday pay, employers must first figure out: 

• if the public holiday falls on an otherwise working day for the employee 
• if the employee will work on that day and how much they will be paid 
• whether the employee can get an alternative holiday instead 
• which day is treated as the public holiday if it falls on a weekend and is moved to a Monday or Tuesday 

The general rules:  

• if an employee works on a public holiday, and it’s an otherwise working day, they must be paid at least time-and-a-half 
• if an employee does not work on a public holiday, and it’s an otherwise working day, they must get their usual daily pay 
• If an employee does not work on a public holiday, and it’s not an otherwise working day (i.e., it’s their day off), they don’t get pay for that day 

Otherwise working day 

An ‘otherwise working day’ is a day that an employee usually works, had it not been for a public holiday or some type of leave. To determine what an otherwise working day is for an employee, you can check: 

• their usual work patterns 
• the employee’s contract of service or employment agreement 
• other factors, such as work rosters 

Employers cannot take an employee off their usual roster on a public holiday if it’s an otherwise working day for them. Using tactics like this to get out of granting holiday entitlements is illegal.  

Use this guide from Employment New Zealand to help define otherwise working days. 

Mondayisation 

Mondayisation refers to the practice of moving an employee's public holiday from a Saturday or Sunday to the following Monday, sometimes Tuesday. This only happens if the employee would not normally work on the actual calendar date of the holiday.  

If an employee typically works on the day of the public holiday's calendar date, then there is no Mondayisation for them. Their public holiday entitlements apply to the calendar date.  

If an employee usually works on both the calendar date of the public holiday and the possible Mondayisation date, their public holiday falls on the calendar date. In such cases, employees are not entitled to two public holidays. 

How do alternative holidays work? 

An alternative holiday or a day in lieu is available to employees who: 

• work on a public holiday if that day falls on an otherwise working day for them 
• are on call on a public holiday 

Employees get holiday pay plus a full day off as an alternative holiday regardless of how many hours they worked. 

Alternative holidays do not apply to employees who: 

• work on a public holiday if it isn’t an otherwise working day for them 
• are on call on a public holiday with no need to limit their personal activities that day 
• are employed or on call on public holidays only 

Here’s a case study: in 2024, the Employment Relations Authority ordered Jetstar to grant an alternative holiday to a pilot who worked on Waitangi Day. 

Transferring public holidays 

You and your employee can agree to move public holidays to another date if it meets the needs of the organisation or the employee.   

Requests to transfer public holidays: 

• can be made by the employer or employee 
• must be made in writing 
• must have been made in good faith by both parties   
• must meet the minimum requirements set out by the law 

If a public holiday is transferred to a day that an employee has already scheduled for annual leave, the day must be treated as a public holiday, not annual leave.  

Giving employees the option to transfer public holidays allows them to enjoy time off when it suits them best. Unilever, for example, has had an interchangeable holiday policy since 2021. 

Case studies: breaches of Holidays Act 2003 

Failing to follow the Holidays Act 2003 could lead to harsh penalties for erring employers. We went through case studies on the Employment New Zealand website for some real-life examples: 

Olive & Jenn Co. Ltd. 

In Labour Inspector v Olive & Jenn Co Ltd [2022] NZERA 54, the employer operated a nail salon and committed these offences against six of its employees: 

• failed to keep full wage and time records 
• underpaid leave entitlements 
• underpaid wages for working on public holidays 
• failed to provide employees with alternative holidays 
• failed to pay employees for unworked public holidays 
• failed to keep full holiday and leave records 

After the employer paid their employees what was due, the Labour Inspector imposed these penalties: 

• $40,000 on the employer 
• $20,000 on the director and her husband, who oversaw payroll 

The decision was based on several factors, including repeated breaches and previous Improvement Notices.  

RBM Communication Ltd. 

The case Labour Inspector v RBM Communication Ltd [2022] NZERA 229 involves an employer that ran several stores across New Zealand. The breaches involved three employees working at their Hamilton branch.  

The employer breached minimum standards under employment laws, wage laws, and the Holidays Act 2003. Violations under the Holidays Act were: 

• not paying annual holiday pay correctly  
• not paying unworked holiday pay and time-and-a-half 
• not providing alternative holidays 
• not providing sick leave entitlements 
• failing to keep compliant holiday and leave records 

The employer was fined $54,000 for the breaches. Other individuals were made to pay $20,000 and $9,000 for their involvement.   

Dhiman v Naanak Ltd  

This case of Dhiman v Naanak Ltd (in liquidation) [2022] involves a pizza business and its violations against one of its employees. The employee was first hired on a migrant visa, sponsored by the employer. According to the employee: 

• they were not given an employment agreement 
• they were made to work over 50 hours a week, but received wages for 40 hours only 
• they were not given annual leave, paid sick leave or public holiday pay 

The employer was found to have violated laws on employment and wages. They were also liable for breaching the Holidays Act 2003. 

The director of the company was made to pay: 

• almost $70,000 in arrears of wages, with interest  
• arrears of holiday pay worth $28,000 with interest 

Failing to meet obligations around public holidays and holiday pay can be costly. You’ll find other cautionary tales in HRD’s section on employment law.  

Employee rights and public holidays 

Rules on public holidays, when to take them (including alternative dates), and holiday pay are some of the key points in the Holidays Act 2003. They are meant to protect employees’ rights, and employers should uphold the Act.  

We’ve shown case studies of employers who failed to meet some provisions of this law. This resulted in huge penalties, not to mention reputational damage.  

There’s no question that the Holidays Act is tricky to navigate; a much-needed overhaul is happening soon. In the meantime, employers should do their best to follow the provisions in the Act. When in doubt, consult an employment lawyer who can point you in the right direction.  

How does your organisation handle public holidays? Let us know in the comments below