Your employer’s responsibilities guide to Waitangi Day 2025

Waitangi Day, observed annually on 6 February is New Zealand’s national day, commemorating the signing of the Treaty of Waitangi in 1840 between Māori chiefs and the British Crown. This day holds immense cultural, historical, and social significance in New Zealand, and as such, it is recognised as a public holiday.

However, with its occurrence comes questions surrounding employment rights – particularly regarding whether workers must work and what they’re entitled to if they do. With a labour force of over three million in size, understanding your rights and responsibilities on Waitangi Day is crucial and will help avoid confusion – and keep your business out of hot water.

So, what are the Waitangi public holiday rules? Here, we answer five common questions about this day, and New Zealand public holiday legislation and share practical tips to help you navigate them compliantly.

Let’s get into it…

1. Is Waitangi Day a public holiday?

1. Yes, Waitangi Day is a public holiday in New Zealand. If the holiday falls on a weekday (Monday to Friday), it’s treated as a regular public holiday with the same legal entitlements as other public holidays. However, if it falls on a Saturday or Sunday, the day isn’t automatically transferred to the following Monday. In such cases, employees are generally not entitled to additional pay unless their employment contract specifies otherwise.

2. What Waitangi Day employee entitlements do employers need to know about?

Employees who would normally work on this public holiday have the right to take the day off with pay, provided they meet the eligibility criteria. This entitlement applies to both full-time and part-time workers, but there are some conditions:

• Full-time employees: if a full-time employee normally works on the day a public holiday falls, they’re entitled to a paid day off.
• Part-time employees: a part-time worker is entitled to a paid day off if their regular working day is on a public holiday.
• Casual employees: casual employees may not be entitled to a day off with pay unless their employment agreement specifies otherwise or they have worked enough hours over a consistent period to be considered entitled.

3. Public holiday, pay rates, and Waitangi Day: how does it all work?

When an employee works on the Waitangi Day public holiday, they’re usually entitled to additional compensation:

• Time and a half: employees who work on a public holiday are generally entitled to receive at least 1.5 times their regular hourly rate for the hours worked.
• Day off in lieu: In addition to extra pay, employees who work on Waitangi Day are often entitled to a paid day off (a day in lieu) at another time. This depends on the terms outlined in their employment agreement or collective bargaining agreement.

4. Is anyone exempt from Waitangi Day public holiday rights?

Yes, there are Waitangi Day exceptions. Some employees may not be entitled to public holiday benefits, such as paid leave or extra pay for working. Common exemptions include:

• Employees on fixed-term contracts: if an employee is on a fixed-term contract and their employment isn’t expected to continue beyond the public holiday, they may not be entitled to pay for the public holiday.
• Employees with irregular hours: employees whose working hours aren’t consistent may not qualify for the full entitlement, depending on how their agreement is structured.
• Certain industries: employees in industries that operate 24/7, like healthcare, emergency services, or essential services, may have different terms based on collective bargaining agreements or specific arrangements for working on public holidays
• What about employer’s rights on Waitangi Day?

5. Waitangi Day public holiday compliance is essential for every business, and employers have several obligations, including:

• Provide key information: employers should ensure that employees understand their rights and entitlements by providing information about whether the business is open, rosters, and what pay entitlements they can expect.
• Compensation for working: employers are legally required to compensate employees fairly if they’re required to work. This means paying the employee at least time and a half and possibly providing an additional paid day off if stipulated in their contract.
• Adjusting shifts or rosters: employers must consider staffing needs and employee availability.

Practical tips for employers: navigating Waitangi Day public holiday work requirements

To prevent confusion and ensure fairness, here are some expert tips for business owners:

• Ensure clear communication: inform employees about whether they’re required to work and what their pay entitlements will be.
• Review contracts: check each employee’s contract to ensure that their entitlements for public holidays are clearly stated.
• Planning: if you anticipate a high demand for services, be proactive about adjusting rosters and ensuring compliance with holiday pay laws.

Understanding employment rights associated with this day is crucial for both employers and employees. Ensuring that employees are fairly compensated for working, or allowed a day off with pay, promotes a positive work environment and fosters mutual respect between employees and employers.

Whether you’re an employer planning ahead for your business or an employee preparing to celebrate, make sure that Waitangi Day’s impact on your work schedule is clear to avoid misunderstandings.

Want to reduce the chance of an error when it comes to managing public holidays? Citation HR is here to help

We know that managing people can be a juggle for business leaders; it’s time-consuming and challenging. If you want a software system and human help to lean on, talk to the team at Citation HR.

Everything you need to manage your people and protect your business is included in a Citation HR subscription.

• A complete HR audit that uncovers any risks and threats in your business.
• Access to our workplace relations experts 365 days a year via the 24/7 Advice Line.
• A powerful HRIS software that uses workflows and checklists to guide you through smart, legally compliant HR processes and stores all your employee records securely.
• A library of resources.

With Citation HR, you’ll have everything at your fingertips to ensure your business is compliant with legislation. Plus, you’ll gain invaluable time allowing you to focus on more important things, like building a culture of high performance.

Not a Citation HR client? The team at Citation HR will be able to assist you with any questions that arise during this busy period. Get in touch with us to discuss your HR needs.

About our author

Jessica Husband is an Employment Relations and Health & Safety Consultant at Citation HR. She assists clients with a range of employment relations and compliance matters via the 24/7 HR Advice Line. She has been helping businesses and employers with employment relations for over four years and counting.