Canterbury Earthquake Commemoration Day Legislation Q&A's
What is the purpose of the Legislation?
The purpose of the Legislation is to provide for 18 March 2011 to be a day of commemoration in those parts of Canterbury (Northern and Central Canterbury) that observe Christchurch Show Day as Canterbury Anniversary Day, in order to commemorate the devastating consequences of the Canterbury earthquake on 4 September 2010 and, in particular, the Christchurch earthquake on 22 February 2011 at 12.51 pm.
The day is to be known as Canterbury Earthquake Commemoration Day.
How is Canterbury Earthquake Commemoration Day to be treated?
Canterbury Earthquake Commemoration Day is to be treated, within the Canterbury area, as:
- a one-off public holiday for the purposes of the Holidays Act 2003, and
- a day to which section 65C(1) of the Education Act 1989 applies (which requires schools to be closed).
18 March 2011 is not a national public holiday, or a day on which schools are required to be closed, in other areas/regions of the country.
Who does the Legislation apply to?
The Legislation only applies to those parts of Canterbury (Northern and Central Canterbury) that observe Christchurch Show Day as Canterbury Anniversary Day.
What does the Legislation mean for employers and employees in the Northern and Central Canterbury area?
The provisions of the Holidays Act 2003 governing observance and payment for public holidays will apply to Canterbury Earthquake Commemoration Day as follows:
- An employee is entitled to be paid if Canterbury Earthquake Commemoration Day (18 March 2011) would have been a normal working day for them. If the employee does not work on the day they are entitled to be paid what they would have earned had they worked on the day (i.e. their relevant daily pay).
- If an employee works on Canterbury Earthquake Commemoration Day, they should be paid at least time and a half for the time they actually work on the day. They are also entitled to an alternative holiday if the day would have been a normal working day for them.
- Employees working temporarily in the Northern and Central Canterbury are covered by these provisions.
Will there be shop trading restrictions on Canterbury Earthquake Commemoration Day?
There will be no restrictions on shop trading on 18 March 2011.
Will Canterbury Earthquake Commemoration Day be a public holiday in 2012?
No. This is a one-off public holiday on 18 March 2011 only.
Do I have to close my business on Canterbury Earthquake Commemoration Day?
No. It is a normal trading day. If you have staff working however then the provisions of the Holidays Act regarding public holidays apply (refer to information above on employees working on public holidays).
What happens if employees are temporarily outside the Christchurch Show Day area on Canterbury Earthquake Commemoration Day?
Employees who are temporarily not in Christchurch or areas that observe Christchurch Show Day because their business has temporarily relocated elsewhere are not entitled to the public holiday unless they come to an agreement with their employer.
Note: This information is specific to the Canterbury Earthquake Commemoration Day and may not apply to other public holidays.
