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"Monday-isation" of ANZAC Day

ANZAC Day (25 April) was first gazetted as a national holiday in New Zealand in 1916. Then it was a half-day holiday, commencing at 1pm (for the full gazette notice click this link: http://www.nzhistory.net.nz/media/photo/anzac-day-gazette-notice-1916).

In 1920, the day became a full national holiday with the commencement of the ANZAC Day Act. This Act “Sunday-ised” the holiday, meaning that if it fell on any day of the week then that day would be treated as if it were a Sunday.

The 1920 Act was repealed in 1949, prohibiting the “Monday-isation” of the holiday, meaning if it fell on a Saturday or Sunday, the public holiday was not moved to the Monday.

The 1949 Act was repealed in 1966. If ANZAC Day falls on a Sunday, then it shall be treated as if it were a Sunday (with all activities being permitted or prohibited on that day) (section 3(1)).

If it fell on Monday through Saturday inclusive then the day would be observed as a Sunday up until 1pm and then such activities as permitted (and prohibited) on a Saturday afternoon (section 3(2)).

“Monday-isation” remained prohibited.

The Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 commenced on 1 January 2014. This amended the Act of 1966 which, in parts, remains in New Zealand law.

This year is the first year, after the commencement of the Amendment Act 2013 that ANZAC Day will be “Monday-ised”.

Commemorations for ANZAC Day, i.e. dawn services, will occur on Saturday, but the public holiday will be moved to Monday.

We have posted the effects of “Monday-isation” of ANZAC Day on employment entitlements. If you would to read more then please visit our Facebook page.

If you are purchasing property this year, then chances are that you more than likely used the ADLS agreement for sale and purchase of real estate.

In the general conditions, ANZAC Day is still expressed as being excluded as a working day for the purposes of calculating time frames but assumes that it is a public holiday as it falls on the day, and does not take into consideration the effects of “Monday-isation”.

So for Monday 27 April of this year, at least, it will still be counted as a working day, and not a public holiday as defined in that agreement.

We are working on obtaining the full benefit of the ANZAC Day “Monday-isation” for our client’s by agreement with other parties, but do not guarantee that this will occur in every case.

We are assured that the ADLS are reviewing this definition.

Hopefully an amended agreement will be out in time for the “Monday-isation” of Waitangi Day that will fall on a Saturday in 2016

• Posted By: Tristram Lock on Mon, 20th Apr 2015 @ 16:04:52

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