No. 59 - Minimum Age (Industry) (Revised), 1937

Provisions

• Children under 15 years of age are not permitted to be employed in any public or private industrial undertaking, or in any branch of an industrial undertaking.
• Certain exceptions may be made to enable young persons to be employed in family undertakings, except in work which is dangerous to the life, health or morals of the persons employed there.
• Work in technical schools that is approved and supervised by a public authority is exempt.
• Every employer in an industrial undertaking is required to keep a register of all workers under the age of 18, and of their date of birth.
• A higher minimum age should be set for work that is dangerous to the life, health or morals of the workers.

Administered by

Department of Labour

• Employment Relations Act 2000
• Health and Safety in Employment Act 1992
• Health and Safety in Employment Regulations 1995

Ministry of Justice

• Sale of Liquor Act 1989

Ministry of Education

• Education Act 1989

Ministry of Transport

• Land Transport Act 1998

How New Zealand implements it

• Sections 20 and 25, of the Education Act require the compulsory enrolment and attendance at school of every child between the ages of 6 and 16 years. There are some provisions for exemptions provided arrangements are made for the child to be taught at least as regularly and as well as in a registered school.
• Section 30, of the Education Act prohibits the employment of school age children at any time within school hours, or at any other time which would prevent or interfere with:
  • attendance at school;
  • the ability to do correspondence schooling; or
  • (for exempted children) their ability to be taught at least as regularly and well as in a registered school.
• The Health and Safety in Employment Act requires employers to ensure the safety of all employees at work.
• The Health and Safety in Employment Regulations prohibit children under 15 years of age from working on particular equipment such as machinery and mechanical plant that is likely to cause harm to their health or safety.
• Employers must ensure that children under 15 years are not required to:
  • lift any weight or perform any task that may be injurious to their health; or
  • work at machinery; or
  • drive or ride upon a tractor, or a self-propelled mobile mechanical plant.
• Employers must take steps to ensure children under 16 years are not required to work between 10pm and 6am, unless the employment meets an approved code of practice for children under 16 years, for the kind of work the employee is doing. However, there are no such approved codes of practice currently in effect.
• Under the Sale of Liquor Act, a person under 18 may not sell or serve liquor in a restricted area of licensed premises while the area is open for the sale of liquor.
• Under Section 25, of the Land Transport Act 1998, the minimum age for holding or obtaining a driver licence in New Zealand is 15 years. The Land Transport (Driver Licensing) Rule covers the licensing of drivers of motor vehicles.
• In 2006, an amendment was made to the Education Act introducing the National Student Number into Part 30, Section 341. This amendment provides additional security for monitoring the attendance and achievement of New Zealand students.

This Convention is not applicable to Tokelau.

Ratified - 8 July 1947

Total ratifications - 11

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