HoliPay fiasco – 1 in 3 workers robbed

Written By: - Date published: 6:51 am, September 26th, 2016 - 48 comments
Categories: Steven Joyce, useless, wages - Tags: ,

Do you work irregular shifts (even only occasionally)?  Overtime?  Sometimes on Public Holidays?  An estimated 1 in 3 employees have some level of inconsistent hours, and if you’re one of them, then odds are you haven’t been paid enough holiday pay by your company.

1 in 3 would mean more than 700,000 workers are owed more than $2 billion – on average somewhere between $250 and $500 per year, as employers haven’t calculated holiday pay correctly.

It’s a problem stemming back to a 2009 law change by National, but you can only claim 6 years back before it’s lost – so workers are losing $1 million per day (bonus link: petition to stop the clock on those losses).  Just think what you could do with that $3000 – and how much you’d like that cash to be eroded by time and government inaction.

Most pay systems – all the large ones – didn’t bother correctly implementing National’s 2009 law, and the government didn’t bother following up on them, so holiday pay is under-calculated.  The problem’s so widespread that 1 small pay system’s point of difference is that it is legally compliant!

So most companies aren’t calculating it correctly, and if your hours aren’t constant, they’re probably underpaying you.

26,000 workers across 25 companies have got more than $35 million back so far & government ministries have also been scrabbling to fix up their workers – including Steven Joyce’s Ministry MoBIE, who are meant to be enforcing the law, but weren’t even applying it correctly to their own employees.  Will they now apply the law correctly for the rest of the country?  Or does having the Department of Labour looking after workers in the middle of a Business Ministry looking after their bosses not facilitate that?  It appears MoBIE have given up enforcing the holiday pay law in all but the most egregious cases.

Amongst those to have settled include NZ Post and the Police Force ($33 million), Bunnings, Silver Fern Farms and Datacom.  Those being investigated include Fonterra, Fairfax, Auckland Council, ANZ, BNZ, Restaurant Brands, Progressive Enterprises, Ryman Healthcare, and Warehouse (who’ve put $15 million aside to cover it).  Each time Steven Joyce says it’s an isolated incident – but it isn’t, it’s another pay fiasco on his watch.  Some of those affected by his Novopay fiasco are being hit again too.

Steven Joyce needs to stop the clock on eroding workers’ past entitlements, and needs to front up and explain why he’s let so many New Zealanders down – how he’s let $2 billion be lost by honest Kiwis.

48 comments on “HoliPay fiasco – 1 in 3 workers robbed ”

  1. Bunji 1

    Actions to take:
    sign the petition
    if you have any irregular hours / payments:
    – ask your union if they’re working with your employer about the issue.
    – if you don’t have a union: join one.
    – if you can, talk to your employer about whether they take any irregular payments into consideration for your holiday pay.

  2. Gareth 2

    Actions to take for employers:
    – Make sure you have purchased payroll software that is compliant with NZ legislation.
    – Make sure you keep the software up to date. Buy a support plan or whatever is needed because this area changes regularly.
    – Make sure your payroll staff (more than 1!) are trained, both in the software and also in the legislative requirements.
    – Make sure your payroll staff are booked in for training on updates and changes every year as part of their job.
    Payroll is not that hard as long as you know what you are doing. You leave yourself open for court cases and penalties if you don’t.

    • Lanthanide 2.1

      And if you buy software that says it is compliant with NZ legislation, and it isn’t, you’re screwed anyway.

  3. Richard Rawshark 3

    So what happens when you have left the company.

    • Ben Clark 3.1

      They would still owe you the money they should have paid you whenever you took holidays (and if they paid you out at the end, that might be wrong too).

  4. Lanthanide 4

    Why doesn’t this article say what the actual problem with the 2009 law change was?

    Also I think this just shows that the law was too complex and unfit for purpose, and should be changed.

    • Ben Clark 4.1

      It isn’t simple, but the reason it isn’t simple is to be fair to employees. Simplifying it totally screws workers (which National considered, but didn’t want to make too many people angry with them, when they were mainly trying to make the 4th week of holiday sell-able, so they just tinkered).

      Here’s the rules.

      Basically, if you take a day off you should get an average day’s pay. If you work 5 8-hour days, no problems. But what if you work overtime quite often? If I’d worked I may well have done 10 hours on that particular day, so why should I be penalised, when overtime is part of the money I need to pay the rent? I’d never take a day off…

      So get paid either your normal pay, or your average over the last 52 weeks, whichever is higher. If normal pay isn’t clear it’s the average over the last 4 weeks.

      • Lanthanide 4.1.1

        Right, so the 2009 change was to go from relevant daily pay, only, to relevant daily pay OR average daily pay, whichever is the higher.

        I think the problem was the “whicher is the higher” part. I found the report written in 2009 saying that the point of the changes was to make compliance easier for employers. Having to calculate two formulas and pay the higher is not my idea of “easier compliance”.

        It should have been possible for employers to choose one method and apply that one only.

        • Ben Clark 4.1.1.1

          It was already 2 ways before National tinkered with it (and indeed it’s almost 3 ways, as “normal pay” has 2 calculations – but you can chose which of those 2 are appropriate).
          And if an employer chooses which of the 2 ways, they’re often not going to choose the one that gives more to their employees (ie the one that’s actually fair to them).

          Essentially what you’re advocating is what’s actually happened here (just making it legal). Taking $250-$500 out of each of >700,000 workers’ pockets each year.

          • Lanthanide 4.1.1.1.1

            “And if an employer chooses which of the 2 ways, they’re often not going to choose the one that gives more to their employees (ie the one that’s actually fair to them).”

            You can’t actually conclude which of the two methods will result in more pay to the employee. It depends on the situation. Sometimes, using annualised pay will result in more money for the employee, sometimes using the RDP will result in more money for the employee. The link you gave even gives to examples that have opposite outcomes, depending on the situation of the employee at the time.

            Yes, there will be some jobs where the variance between the two methods is always in the same direction, and so the employer will be able to minimise their costs in that case. But for many jobs, that won’t be true.

    • Actually for workers with irregular pays and/or working patterns it is been confusing and in many situations difficult to work out fairly since the Holidays Act 2003 came into effect in 2004.

      What the national government did wrong was nothing – that is, when it was pointed out it was an ass of a situation they considered changes and then decided to not do much at all.

      The problems with calculations can work both ways. Employers can and sometimes obviously do calculate incorrectly, but it’s unfair to claim ” they’re often not going to choose the one that gives more to their employees (ie the one that’s actually fair to them)” – all employers I deal with try to do what is required and fair.

      One glaring anomaly is, when an Ordinary Weekly Pay can’t be determined (which means employees with irregular work patterns and pays) holiday is the greater of their last 12 month average or their last 4 week average.

      If an employee works say 8 hours a week through the year on average but works 48 hours a week for a month over Christmas, their 4 week average in the 4 weeks after that is abnormally inflated. That’s stupid.

      Prior to 2004 it was common to pay those on irregular work patterns 8% of their liable gross which was simple and fair enough, but that was virtually eliminated with the 2003 Act, and that has caused most of the grief.

      The aim of the act was to ensure employees got 3 weeks annual leave (later increased to 4 weeks) so it meant well, but has always been horrible in practice for those with very irregular work patterns.

      • Pete George 4.2.1

        I should add that this way of calculating applies if holidays are paid while the employee remains in employment. If you are paid out holidays when you resign, only your due holidays are calculated this way, then that amount is added your liable gross earned since your holiday anniversary, and 8% of that total is added to the first amount calculated.

        Public holidays, sick leave, bereavement leave and time in lieu are calculated differently.

      • Ross 4.2.2

        Pete

        It is not confusing or difficult to work out. The Holidays Act came into effect in 2003 so it’s been around a long time. I have no doubt most employers have been calculating holiday pay correctly. Indeed, if the heading is correct 2 out of 3 workers have been paid holiday pay correctly.

        Saying the Act is confusing is another way of saying you’re too lazy to read the legislation. For those employers who are too lazy to read the legislation, they can hire an accountant or lawyer, or simply call an employer organisation to help. There really are no excuses for not paying holiday pay correctly.

        Prior to 2004 it was common to pay those on irregular work patterns 8% of their liable gross which was simple and fair enough, but that was virtually eliminated with the 2003 Act, and that has caused most of the grief.

        That is incorrect. Those workers who are truly casual or who are on a fixed term agreement of less than 12 months can be paid holiday pay of 8% with their regular pay. It appears you haven’t looked at the Holidays Act.

        • Pete George 4.2.2.1

          The Holidays Act 2003 came into effect on 1 April 2004.

          I’ve read the legislation numerous times, and debated parts of it many times.

          You and others here show a lack of knowledge of it, so it is still confusing some people.

          I’ve talked to many employers over the years who have had and still have difficulty with it.

          I’ve dealt with an employment lawyer who was recommending incorrectly to a major employer.

          I’ve had to explain holiday pay calculations to two auditors in the last month.

          It was common to pay 6% (which at the time equated to 3 weeks holiday) to employees who were part time and worked irregular hours.

          A combination of changes in the Holidays Act 2003 and determinations by the Department of Labour ruled out using the 6% calculation except in extreme cases.

          Are you aware how limited what you call “truly casual” is? It effectively rules out anyone who is rostered to work or has agreed to work in advance of that work taking place. “Truly casual” is limited to unplanned on-call work, I think it even rules out rostered on call work.

          • One Anonymous Bloke 4.2.2.1.1

            In summation: you have less than zero expertise in this field, and are desperate for attention.

          • Ross 4.2.2.1.2

            Are you aware how limited what you call “truly casual” is?

            Or, in other words, some employers are saying that full time or part time workers are casual…whose fault is that? Let’s be honest, some employers are too lazy to look at the legislation but will complain when they get hauled over the coals. They deserve zero sympathy. There are employer organisations that can help including the EMA, Business NZ, Hospitality NZ. Employers simply have to read the legislation and, if they don’t understand it, pick up the phone.

            The Holidays Act 2003 came into effect on 1 April 2004.

            So you agree it’s been around for ages and employers cannot plead ignorance of the law. Awesome.

  5. mosa 5

    JOIN A UNION !!!! For $240 a year its a no brainer and gives you access to advice if you arent aware of how the different types of legislation affect your pay and conditions and gives you a chance along with other work mates to negotiate better pay and working conditions. I dont in my job fit the criteria mentioned in this very important post but i joined a union 6 months ago after twenty years of not being a member and my union rep has been fantastic in checking if i had not been paid the correct holiday pay and making sure i was receiving all my entitlements and keeping me informed about the progress of this years collective agreement.

    Mike treen the head of UNITE union has put up some very important posts on the Daily Blog regarding the holiday pay issue and other detrimental action affecting kiwi workers that does not make the MSM news and goes under the radar which suits Stephen Joyce and the employers just fine.

    This is another example of what happens when you weaken by law the effectiveness of an organisation that provides protection for not just vulnerable workers but the workforce as a whole and advocates for your rights and can interpret legislation or proposed new law and the possible dangers involved.

    Why should you NOT receive the money you have worked for and are entitled to because your employer has not made sure that you should and will fight not to have to pay you what is rightfully yours.
    If you work for a decent employer they will have acted and made the necessary software changes and pay what you have not received.

    Join a union today it pays to

  6. TC 6

    The brighter future is working exactly as designed by nationals backers.

  7. Mike the Lefty 7

    I wonder if some computer genius could set up a website (or even an app) where you could enter in details of gross earnings, holiday pay et, answer a few questions about your hours, and then calculate the holiday pay you should have got. Would be interesting to compare it to what you actually got.

    • Lanthanide 7.1

      Not really worth the effort. There are so many different ways people can be paid for things, you’d need a big complex form to handle it all. Making it complex to cover all different cases, in turn makes it more difficult to use for any specific case.

      Then, people have to input the correct data into it -> garbage in, garbage out. You need payment records going back 52 weeks, you need to correctly input each bit of overtime you got, each allowance you were paid, etc.

      If you mess even one of those things up, the answer it will give you will be incorrect.

    • You would need to put in all your liable earnings over the past 12 months for each pay period. Some allowances (reimbursement type) and some types of bonuses don’t apply, you need to know what to include and exclude.

      If your pay varies then your holiday pay can vary each period it is calculated in.

      It is easy to do in a spreadsheet so would be easy enough to do on a website.

    • Jan Rivers 7.3

      To take this issue sideways a bit this points to a larger problem of service delivery by algorithm in both public and private sectors. Given that there is a holiday pay calculator on the Mobie? department website it appears that someone in government could have provided the code to describe what happened in payroll systems to pay holiday pay correctly to payroll providers where there was by and large an inability, incompetence or unwillingness to capture the intent of the legislation.

      Algorithms used for making decisions on the provisions or with-holding of services should be open for inspection. This should apply to both public and private service delivery.

      Code should be lodged with a government agency and a community agency fit for purpose – possibly fyi.org.nz, internet NZ or the open source society. The community agency should be funded to carry out this role. The code should be able to be run in a pilot system to demonstrate outcomes.

      Why this is important?

      The instances of use of algorithms to provide goods and services (and pay) exists already and can only grow. The following are examples:

      The government’s social investment approach is predicated on identifying people at risk because of their measurable profile. The flag referendum was the first time STV voting has been used in central government at an election time. Pharmac is looking at algorithms and profiling to optimise the delivery of medicines.

      Who is checking the quality of the code on these initiatives? They could easily be as problematic as the holiday pay issue.

      Without the opportunity to open the code our interactions with and services from public and private agencies are essentially becoming a black box.

      • Macro 7.3.1

        Excellent points Jan!
        Perhaps the opposition parties should take this as part of a combined policy initiative. We would wait 7 years and a day for the current “administration” to do anything.

        • Macro 7.3.1.1

          I see there is a holiday pay calculator on the IRD website.

          • Craig H 7.3.1.1.1

            I’ve seen at least one payroll expert’s opinion that the IRD calculator is wrong, but it’s there for tax calculations, not actual holiday pay calculations.

        • Jan Rivers 7.3.1.2

          Thanks. 🙂 Yes. I think so. The whole issue of open government is ripe for a different set of approaches and it’s a useful entry point for the rest of the policy arena – from algorithms to work on a constitution to demanding real engagement between government and civil society to commitments to use evidence in policy making, initiatives to lessen the risk of corruption and to collecting meaningful data (non resident home ownership, poverty, environmental data sets, carbon intensity, waste management statistics) instead of just putting datasets into the public domain as inducements to writers of apps.

          • Macro 7.3.1.2.1

            Speaking of Open Government …. Have you read this:
            Open Government: A dishonest assessment

            ……And reading the report, you can see why: there’s absolutely no acknowledgement of the very real issues with the action plan revealed by the Independent Reporting Mechanism and no recognition of the failures in developing and implementing it. There’s also ongoing confusion about what the OGP commitments actually are, particularly around the “Better Public Services” reporting and IT strategy refresh commitments. But I guess if they only reported against what they’d said in the published Action Plan, it would be a very short document indeed……

            • Jan Rivers 7.3.1.2.1.1

              Yes. Thanks. Idiot/Savant has been a solid and reliable reporter on these issues for several years and follows the twists and turns.

              Publishing the independent reviewers (critical) report of the NZ OGP in NZ is i understand a requirement of the OGP membership and hasn’t happened but Steven Price (the independent reviewer’s) articles are illuminating.
              http://www.medialawjournal.co.nz/

              I’m picking that some of these open government issues could become lightning rods for what a people centred politics could deliver.

  8. Naki man 8

    “JOIN A UNION !!!! For $240 a year its a no brainer”

    How about people who are paying more than twice that in union fees when the union has $millions in the bank, is that still a no brainer?

    • Bunji 8.1

      Can you name this mystical NZ union that is ripping its members off? Or more likely just making shit up?

      I’m not sure how well resourced any NZ unions are, but they need something in the bank for when they’re supporting workers on strike/lockout / other campaigns.

      • Naki man 8.1.1

        Bunji
        Are you saying that a union that deducts more than $480 per year from a large proportion of its members is ripping them off??

        What if they have more, from memory than 3$million in the bank,
        would that be ok with you?

        • Lanthanide 8.1.1.1

          No, Bunji didn’t say that at all.

          Bunji asked you to put up, or shut up. I notice you’ve done neither.

          • Naki man 8.1.1.1.1

            NZDWU

            • mac1 8.1.1.1.1.1

              Naki Man. Some more horrendous union fees……….
              Federated Farmers fees 2015:
              Business Owner/Director $635.00
              Farm Manager,Rural Contractor, Farmlet , Rural Services $445
              Farm Employee, Supporter $127.00

  9. Little Kiwi 9

    Joining a union isn’t helpful unless you work for a company they represent, such as a supermarket. I didn’t get any holiday pay or sick pay in a job I did for a small business for 1.5 years. I didn’t dob them in because I would have to deal with the backlash, given they only employ 1 or two staff and they would know it was me. The IRD should know this stuff anyway, given the company was always late with tax and paying me so infrequently. Interestingly they always got out of the late fines. I was in the office every time the IRD called, which was often. All they had to do is find out if they had staff employment agreements (which they didn’t do), but they trust in this ridiculous “good faith” thing that employers are supposed to be naturally endowed with.

    The next employer made us sign away our right to sick pay legally in the agreement. In addition to that we had to sign an IP agreement preventing me from working in a competitive area and taking full ownership of my copyright in future work. Most of us got sacked during the trial period so the only reason I was hired was to prevent me using my skills in a competitive business! Totally illegal in Australia to do this but it seems anything goes here. If the govt cared about this it would be really easy to collect and monitor employment agreements with our tax. There may be some IT involved but the returns would more than pay for it.

    Mike the Lefty, there is a holiday pay calculator on the IRD website. There are plenty of computer geniuses working there. I know how much holiday pay I didn’t get but that doesn’t help me. Even labour inspectors don’t feel safe dealing with some employers.

    The IRD are making it easier to go self employed with all the calculators and things they have online now, thank goodness.

    http://www.ird.govt.nz/calculators/tool-name/tools-h/calculator-paye-holiday-pay-2016.html?id=righttabs

    • Lanthanide 9.1

      “The next employer made us sign away our right to sick pay legally in the agreement.”

      This is not legally possible in NZ.

      “In addition to that we had to sign an IP agreement preventing me from working in a competitive area and taking full ownership of my copyright in future work.”

      Fairly standard provision. However work that you do in the future, that doesn’t build on top of work you did for the employer, cannot be impacted by such a clause.

      “Most of us got sacked during the trial period so the only reason I was hired was to prevent me using my skills in a competitive business!”

      I believe that restraint of trade clauses generally aren’t enforceable if the employee is terminated. [Edit: have done some quick googling, if you’re terminated during a trial period, then you can likely argue your way out of a clause, but if you’d been employed somewhere for 6+ months, then it’d likely still apply even when terminated]. They definitely apply if the employee resigns. Unsure how it works for redundancy.

      • Craig H 9.1.1

        Restraint of Trade is typically only enforceable if the remuneration includes payment for it, so if the remuneration does not include a specified payment for it (and they can’t just say it in the contract that the remuneration includes it, it actually has to be extra), the employer will struggle. NZ Courts have generally held that people have a common law right to work, so any abrogation of that right must be fairly compensated or it’s not enforceable, and they uphold that quite strictly.

        • Lanthanide 9.1.1.1

          Actually I’ve done a lot of research into this topic recently for a family member.

          The courts have held, that if the original employment contract has a restraint of trade clause in it, then taking up the employment itself is considered due consideration for the clause. Employees can “negotiate” with the employer on the conditions of the contract (in other words, it’s “take it or leave it”).

          It is only if the clause is added to a contract later, that specific consideration needs to be offered along side the added clause. Even then, it’s unclear whether a pay rise + a restraint of trade clause added at the same time, without being explicitly singled out as consideration for the restraint of trade, would be struck down by the court. There doesn’t appear to be any case law on that specific point.

  10. Little Kiwi 10

    Thanks for the advice Lanthanide and Craig. Since we only had the weekend to look at the contract, none of us had time to get legal advice. The owner seemed really decent, but character declined after we signed the contracts. We were threatened with legal action throughout the trial which is something I haven’t experienced working in NZ. The contract also had rotating probation in it after the trial period so there was never job security although I did sign after starting work. We were ultimately terminated with a phone call so there’s no trace of it. I found out when I wasn’t booked into a shift and rang up about it.

    • Lanthanide 10.1

      “Since we only had the weekend to look at the contract, none of us had time to get legal advice.”

      That’s also not really legal in NZ. Standard practice is 5 business days, precisely so you can seek legal advice.

      “We were ultimately terminated with a phone call so there’s no trace of it.”

      Under the 90 days provision, you’re allowed to request the termination and reason for termination in writing.

      “so there was never job security although I did sign after starting work.”

      In which case the 90 day clause doesn’t apply and your dismissal was likely unjustified.

      Did the contract you signed even have a 90 days clause?

  11. Little Kiwi 11

    Hi Lanthanide,
    It did have a 90 day clause. The reason for the termination was that they couldn’t afford to keep on so many staff so we were sacked at the same time. I am pretty sure it was one of those trials where they never needed more than a couple of staff and wanted to prevent everyone with our skills from running a competitive business. My only concern is that this employer likes to sue people for exposure, and claims to own my copyright in any creative work unrelated to the job as stated in the contract. This effectively prevents me from working as a sole trader, although I don’t know how successful they would be in taking ownership of a completely different business with no competitive threat. It could be a grey area.

    • Lanthanide 11.1

      “wanted to prevent everyone with our skills from running a competitive business. ”

      Restraint of trade clauses can only protect the employer’s legitimate proprietary interests. For example if you’ve worked with particular customers for the employer, when you start your own company or take employment elsewhere, you can’t induce those customers to follow you.

      “This effectively prevents me from working as a sole trader, although I don’t know how successful they would be in taking ownership of a completely different business with no competitive threat. It could be a grey area.”

      They wouldn’t be successful. Restraints of trade clauses need to be of reasonable length; anything over 12 months is generally considered to be unreasonable. Of course, I’m not a lawyer, so should you want to be a sole trader, you should get legal advice on this point. I expect it’d only cost you 1 hour of a lawyer’s time to get an answer, though.

  12. Little Kiwi 12

    Thanks Lanthanide,
    It probably isn’t worth worrying about because I don’t have any of their customer contacts and won’t be doing anything similar. Fortunately I never went along with their Facebook promo but I am still reluctant to use my own name given the whole copyright thing is a bit grey. Their new business branch is failing as it turns out. One of the chosen staff left voluntarily. A warning to others not to sign any restrictive IP agreements under 90 day trial, or to sign a 90 day trial contract with a new business which will always hire more staff than needed and create a battle between staff. Much wiser to go for a job with an established business with a good reputation.

  13. Craig H 13

    Having looked at the current and previous incarnations of the Holidays Act, the problems do not stem back to 2009 as there was no change to Holidays Act in 2009 – the Holidays Amendment Act 2010 received the Royal Assent in November 2010 and took effect from 01/04/2011 – the Act was not updated at all in 2009.

    The 2010 amendment added a section and name of Average Daily Pay (section 9A of the Holidays Act) by splitting it from the definition of Relevant Daily Pay (section 9 of the Holidays Act). This part of the Holidays Act previously defined Average Daily Pay as part of Relevant Daily Pay, it just didn’t call it Average Daily Pay (ADP). A change however is that previously the Act required ADP be calculated over the past 4 weeks, where the update changed it to the last 52 weeks.

    However, my understanding is that the main issue is caused by a misinterpretation of Ordinarily Weekly Pay, which is applied to annual leave, rather than RDP/ADP, which are applied to public holidays and sick/bereavement leave. Ordinarily Weekly Pay is the greater of average weekly pay over the past 52 weeks, or whatever the employee would normally earn. However, many payroll systems have not been calculating both and then working out the higher, and paying that. There is also the issue of what is included in these calculations, as the Holidays Act includes productivity or incentive-based payments (including commission) if those payments are a regular part of the employee’s pay and payments for overtime if those payments are a regular part of the employee’s pay.

    Interestingly, the Holidays Act 1981 also calculates holiday pay for annual leave as being the higher of average weekly earnings or ordinary pay (it words it slightly differently, but the effect is the same).

    • Most of the problems date back to 2004, when the Holidays Act 2003 came into effect.

      “Ordinarily Weekly Pay is the greater of average weekly pay over the past 52 weeks, or whatever the employee would normally earn. ”

      There is more to it than that. Many of the problems arise when you can’t determine what an employee would normal earn (Ordinary Weekly Pay) due to their irregular work patterns, in which case you need to calculate the last 4 week average and use the greater of that or the 12 month average.

      When an employee has different work patterns through the year the 4 week average can be ridiculous.

      There are also problems with regular work patters that change. If an employee works 1 day a week for a year and accrues 4 weeks annual leave, then switches to 5 days a week, and then wants to take holidays, should they be paid at a 1 day a week rate or a 5 day a week rate?

      What changed in 2009 was the introduction of an agreed rate, where the employee and employer can agree on a holiday pay rate.

      • Craig H 13.1.1

        Having read the Holidays Act 2003 in all its incarnations, and having checked legislation.govt.nz, there was no change in 2009 – there was a change in 2008 and in 2010 (some of which took effect in 2011), but nothing in 2009.

        Also, not sure how National changed it so that there could be an agreed holiday pay rate – the Act as enacted in 2003 had provision in section 8 for the employer and employee to agree on another calculation in the employment agreement provided it was equal to or greater than the calculations in the Act. That hasn’t changed since.

        Correct me if I’m wrong, but the relevant sections are 8, 10, 14, 17 and 21-26, with 8 and 21/22 being the main ones for calculation purposes. Very little has changed in any of those sections since enactment other than as required by the introduction of Kiwisaver and 4 weeks annual holidays. If you could cite the specific section that changed and when (and it wasn’t 2009), that would be handy.

        Agreed that having to use the average of the last 4 weeks is an issue, but only if you can’t work out the normal pattern of work per the employment agreement. If the issue is ever-fluctuating rosters, then I can’t say I have much sympathy for employers in those situations – perhaps they should look at their M.O. if it causes them that much grief, or accept that that’s the cost of that model, because many of the employees don’t get much out of it.

        Looking at legislation, annual holidays have been paid at the higher of average weekly pay and ordinary weekly pay since 1974, which is also when the annual holiday allowance was increased to 3 weeks (thanks Labour!), so perhaps that’s settled law to some extent by now, given that aspect has not changed since then.

  14. Peter Edmunds 14

    Over many years, I’ve experienced the vagaries of this sloppy, ill-defined legislation, both as an employee with wildly varying hours and allowances, and in attempting to implement the legislation in payroll code.

    The corollarium is that the legislation has consistently been framed in terms of regular, weekly, full time work with any variation from this viewed as an edge case, which is patched up as an exception.

    In other words, the legislation is the point of view of a salaried employee with well additional defined benefits.

    The reality for an ever increasing number of New Zealanders is very far removed from this idea.

    There is only one conclusion that I’ve reached.

    The legislation, and the associated mindset of employers, is in dire need of a complete, and consistent overhaul based on the one premise that pay and any additional allowances, of which holidays are the primary consideration, needs to be based on a 24 hour period.

    It would take me days of writing to delineate this idea in full, suffice to say, when the complexity of the exceptions exceed the original implementation, then the original implementation was inadequately normalised.

    Or simply put, someone got it wrong.

    Working on a well defined, rolling 24 hour period, can be written down on the back of an envelope by a small business with one part time employee and scaled with relative ease to a large business with considerable IT investment.

    The exceptions have become the norm. If attempting to fix a problem results in a new problem, and attempting to fix the new problem results in another new problem, you are by definition falling into the trap of stupidity by expecting a different result while continuing to do the same thing.

Recent Comments

Recent Posts

  • For the children – Why mere sentiment can be a misleading force in our lives, and lead to unex...

    National: The Party of ‘Law and Order’ IntroductionThis weekend, the Government formally kicked off one of their flagship policy programs: a military style boot camp that New Zealand has experimented with over the past 50 years. Cartoon credit: Guy BodyIt’s very popular with the National Party’s Law and Order image, ...
    Mountain TuiBy Mountain Tui
    43 mins ago
  • A friend in uncertain times

    Day one of the solo leg of my long journey home begins with my favourite sound: footfalls in an empty street. 5.00 am and it’s already light and already too warm, almost.If I can make the train that leaves Budapest later this hour I could be in Belgrade by nightfall; ...
    More Than A FeildingBy David Slack
    5 hours ago
  • The Chaotic World of Male Diet Influencers

    Hi,We’ll get to the horrific world of male diet influencers (AKA Beefy Boys) shortly, but first you will be glad to know that since I sent out the Webworm explaining why the assassination attempt on Donald Trump was not a false flag operation, I’ve heard from a load of people ...
    David FarrierBy David Farrier
    5 hours ago
  • It's Starting To Look A Lot Like… Y2K

    Do you remember Y2K, the threat that hung over humanity in the closing days of the twentieth century? Horror scenarios of planes falling from the sky, electronic payments failing and ATMs refusing to dispense cash. As for your VCR following instructions and recording your favourite show - forget about it.All ...
    Nick’s KōreroBy Nick Rockel
    1 day ago
  • Bernard’s Saturday Soliloquy for the week to July 20

    Climate Change Minister Simon Watts being questioned by The Kākā’s Bernard Hickey.TL;DR: My top six things to note around housing, climate and poverty in Aotearoa’s political economy in the week to July 20 were:1. A strategy that fails Zero Carbon Act & Paris targetsThe National-ACT-NZ First Coalition Government finally unveiled ...
    The KakaBy Bernard Hickey
    1 day ago
  • Pharmac Director, Climate Change Commissioner, Health NZ Directors – The latest to quit this m...

    Summary:As New Zealand loses at least 12 leaders in the public service space of health, climate, and pharmaceuticals, this month alone, directly in response to the Government’s policies and budget choices, what lies ahead may be darker than it appears. Tui examines some of those departures and draws a long ...
    Mountain TuiBy Mountain Tui
    2 days ago
  • Flooding Housing Policy

    The Minister of Housing’s ambition is to reduce markedly the ratio of house prices to household incomes. If his strategy works it would transform the housing market, dramatically changing the prospects of housing as an investment.Leaving aside the Minister’s metaphor of ‘flooding the market’ I do not see how the ...
    PunditBy Brian Easton
    2 days ago
  • A Voyage Among the Vandals: Accepted (Again!)

    As previously noted, my historical fantasy piece, set in the fifth-century Mediterranean, was accepted for a Pirate Horror anthology, only for the anthology to later fall through. But in a good bit of news, it turned out that the story could indeed be re-marketed as sword and sorcery. As of ...
    2 days ago
  • The Kākā's Chorus for Friday, July 19

    An employee of tobacco company Philip Morris International demonstrates a heated tobacco device. Photo: Getty ImagesTL;DR: The top six things I’ve noted around housing, climate and poverty in Aotearoa’s political economy on Friday, July 19 are:At a time when the Coalition Government is cutting spending on health, infrastructure, education, housing ...
    The KakaBy Bernard Hickey
    2 days ago
  • The Kākā’s Pick 'n' Mix for Friday, July 19

    TL;DR: My pick of the top six links elsewhere around housing, climate and poverty in Aotearoa’s political economy in the last day or so to 8:30 am on Friday, July 19 are:Scoop: NZ First Minister Casey Costello orders 50% cut to excise tax on heated tobacco products. The minister has ...
    The KakaBy Bernard Hickey
    2 days ago
  • Weekly Roundup 19-July-2024

    Kia ora, it’s time for another Friday roundup, in which we pull together some of the links and stories that caught our eye this week. Feel free to add more in the comments! Our header image this week shows a foggy day in Auckland town, captured by Patrick Reynolds. ...
    Greater AucklandBy Greater Auckland
    2 days ago
  • Weekly Climate Wrap: A market-led plan for failure

    TL;DR : Here’s the top six items climate news for Aotearoa this week, as selected by Bernard Hickey and The Kākā’s climate correspondent Cathrine Dyer. A discussion recorded yesterday is in the video above and the audio of that sent onto the podcast feed.The Government released its draft Emissions Reduction ...
    The KakaBy Bernard Hickey
    2 days ago
  • Tobacco First

    Save some money, get rich and old, bring it back to Tobacco Road.Bring that dynamite and a crane, blow it up, start all over again.Roll up. Roll up. Or tailor made, if you prefer...Whether you’re selling ciggies, digging for gold, catching dolphins in your nets, or encouraging folks to flutter ...
    Nick’s KōreroBy Nick Rockel
    2 days ago
  • Trump’s Adopted Son.

    Waiting In The Wings: For truly, if Trump is America’s un-assassinated Caesar, then J.D. Vance is America’s Octavian, the Republic’s youthful undertaker – and its first Emperor.DONALD TRUMP’S SELECTION of James D. Vance as his running-mate bodes ill for the American republic. A fervent supporter of Viktor Orban, the “illiberal” prime ...
    2 days ago
  • The Kākā’s Journal of Record for Friday, July 19

    TL;DR: As of 6:00 am on Friday, July 19, the top six announcements, speeches, reports and research around housing, climate and poverty in Aotearoa’s political economy in the last day are:The PSA announced the Employment Relations Authority (ERA) had ruled in the PSA’s favour in its case against the Ministry ...
    The KakaBy Bernard Hickey
    2 days ago
  • The Hoon around the week to July 19

    TL;DR: The podcast above of the weekly ‘hoon’ webinar for paying subscribers last night features co-hosts and talking with:The Kākā’s climate correspondent talking about the National-ACT-NZ First Government’s release of its first Emissions Reduction Plan;University of Otago Foreign Relations Professor and special guest Dr Karin von ...
    The KakaBy Bernard Hickey
    2 days ago
  • Skeptical Science New Research for Week #29 2024

    Open access notables Improving global temperature datasets to better account for non-uniform warming, Calvert, Quarterly Journal of the Royal Meteorological Society: To better account for spatial non-uniform trends in warming, a new GITD [global instrumental temperature dataset] was created that used maximum likelihood estimation (MLE) to combine the land surface ...
    3 days ago
  • We're back again! Join us for the weekly Hoon on YouTube Live

    Photo by Gabriel Crismariu on UnsplashWe’re back again after our mid-winter break. We’re still with the ‘new’ day of the week (Thursday rather than Friday) when we have our ‘hoon’ webinar with paying subscribers to The Kākā for an hour at 5 pm.Jump on this link on YouTube Livestream for ...
    The KakaBy Bernard Hickey
    3 days ago
  • Gut Reactions.

    Trump Writes His Own Story: Would the “mainstream” media even try to reflect the horrified reaction of the MAGA crowd to the pop-pop-pop of the would-be assassin’s rifle, and Trump going down? Could it even grasp the sheer elation of the rally-goers seeing their champion rise up and punch the air, still alive, ...
    3 days ago
  • Dodging Bullets.

    Fight! Fight! Fight! Had the assassin’s bullet found its mark and killed Donald Trump, America’s descent into widespread and murderous violence – possibly spiralling-down into civil war – would have been immediate and quite possibly irreparable. The American Republic, upon whose survival liberty and democracy continue to depend, is certainly not ...
    3 days ago
  • 'Corruption First' Strikes Again

    There comes a point in all our lives when we must stop to say, “Enough is enough. We know what’s happening. We are not as stupid or as ignorant as you believe us to be. And making policies that kill or harm our people is not acceptable, Ministers.”Plausible deniability has ...
    Mountain TuiBy Mountain Tui
    3 days ago
  • The Kākā's Chorus for Thursday, July 18

    TL;DR: The top six things I’ve noted around housing, climate and poverty in Aotearoa’s political economy today are:The inside stories of KiwiRail’s iRex debacle, Westport’s perma-delayed flood scheme and Christchurch’s post-quake sewer rebuild, which assumed no population growth, show just how deeply sceptical senior officials in Treasury, the Ministry of ...
    The KakaBy Bernard Hickey
    3 days ago
  • What's that Jack Black?

    Ah-rah, deeSoo-guh-goo-gee-goo-geeGoo-guh fli-goo gee-gooGuh fli-goo, ga-goo-buh-deeOoh, guh-goo-beeOoh-guh-guh-bee-guh-guh-beeFli-goo gee-gooA-fliguh woo-wa mama Lucifer!I’m about ready to move on, how about you?Not from the shooting, that’s bad and we definitely shouldn’t have that. But the rehabilitation of Donald J Trump? The deification of Saint Donald? As the Great Unifier?Gimme a bucket.https://yellowscene.com/2024/04/07/trump-as-jesus/Just to re-iterate, ...
    Nick’s KōreroBy Nick Rockel
    3 days ago
  • June 2024: Earth’s 13th-consecutive warmest month on record

    This is a re-post from Yale Climate Connections by Jeff Masters and Bob Henson June 2024 was Earth’s warmest June since global record-keeping began in 1850 and was the planet’s 13th consecutive warmest month on record, NOAA’s National Centers for Environmental Information, or NCEI, reported July 12. As opposed to being focused in ...
    3 days ago
  • Connecting the dots and filling the gaps in our bike network

    This is a guest post by Shaun Baker on the importance of filling the gaps in our cycling networks. It originally appeared on his blog Multimodal Adventures, and is re-posted here with kind permission. In our towns and cities in Aotearoa New Zealand, there are areas in our cycling networks ...
    Greater AucklandBy Guest Post
    3 days ago
  • Webworm Down Under Photos!

    Hi,I wanted to share a few thoughts and photos from the Webworm popup and Tickled screening we held in Auckland, New Zealand last weekend.In short — it was a blast. I mean, I had a blast and I hope any of you that came also had a blast.An old friend ...
    David FarrierBy David Farrier
    3 days ago
  • The Kākā’s Pick 'n' Mix for Thursday, July 18

    TL;DR: My pick of the top six links elsewhere around housing, climate and poverty in Aotearoa’s political economy in the last day or so to 6:30 am on Thursday, July 18 are:News: Christchurch's sewer systems block further housing developments RNZ’s Niva ChittockAnalysis: Interislander: Treasury, MoT officials' mistrust of KiwiRail led ...
    The KakaBy Bernard Hickey
    3 days ago
  • The Kākā’s Journal of Record for Thursday, July 18

    TL;DR: As of 6:00 am on Thursday, July 18, the top six announcements, speeches, reports and research around housing, climate and poverty in Aotearoa’s political economy in the last day are:Verbatim: Climate Change Minister Simon Watts held a news conference in Auckland to release the Government’s Emissions Reduction Plan, including ...
    The KakaBy Bernard Hickey
    3 days ago
  • The politics of managed retreat

    Climate change deniers are now challenging the Government over a key climate change adaptation policy. That begs the question of whether New Zealand First will then support Government moves to implement processes to deal with a managed retreat for properties in danger of flooding because of sea level rise and ...
    PolitikBy Richard Harman
    3 days ago
  • Some changes are coming

    Warm welcome again to those who are here. The Mountain Tui substack was officially started on the 2nd of July. I wrote about what led me here on this post. Since then, it’s been a learning to navigate the platform, get to meet those in the community, and basically be ...
    Mountain TuiBy Mountain Tui
    4 days ago
  • About fucking time

    The US Supreme Court has been rogue for years, with openly corrupt judges making the law up as they go to suit themselves, their billionaire buyers, and the Republican Party. But now, in the wake of them granting a licence for tyranny, President Biden is actually going to try and ...
    No Right TurnBy Idiot/Savant
    4 days ago
  • Climate Change: False accounting and wishful thinking

    National released their draft 2026-2030 Emissions Reduction Plan today. The plan is required under the Zero Carbon Act, and must set out policies and strategies to meet the relevant emissions budget. Having cancelled all Labour's actually effective climate change policies and crashed the carbon price, National was always going to ...
    No Right TurnBy Idiot/Savant
    4 days ago
  • The Enemies Of Sunshine And Space.

    Our Houses? The Urban Density debate is a horrible combination of intergenerational avarice and envy, fuelled by the grim certainty that none of the generations coming up after them will ever have it as good as the Boomers. To say that this situation rankles among those born after 1965 is to ...
    4 days ago
  • Still the 5 Eyes Achilles Heel?

    The National Cyber Security Centre (NZSC), a unit in the Government Communications Security Bureau (GCSB) dedicated to cyber-security, has released a Review of its response to the 2021 email hacking of NZ members of the Inter-Parliamentary Alliance on China (IPAC, … Continue reading ...
    KiwipoliticoBy Pablo
    4 days ago
  • Britain's Devastating Electoral Slip.

    Slip-Sliding Away: Labour may now enjoy a dominant position in Britain’s political landscape, but only by virtue of not being swallowed by it.THE BRITISH LABOUR PARTY’S “landslide victory” is nothing of the sort. As most people understand the term, a landslide election victory is one in which the incumbent government, or ...
    4 days ago
  • Gordon Campbell on why right wingers think all governments (including their own) are incompetent

    Since open denial of climate change is no longer a viable political option, denial now comes in disguise. The release this week of the coalition government’s ‘draft emissions reductions plan” shows that the Luxon government is refusing to see the need to cut emissions at source. Instead, it proposes to ...
    WerewolfBy lyndon
    4 days ago
  • The Kākā's Chorus for Wednesday, July 17

    TL;DR: The top six things I’ve noted around housing, climate and poverty in Aotearoa’s political economy this morning are:Chris Penk is set to roll back building standards for insulation that had only just been put in place, and which had been estimated to save 40% from power costs, after builders ...
    The KakaBy Bernard Hickey
    4 days ago
  • Open Letter to Pharmac

    All this talk of getting oldIt's getting me down, my loveLike a cat in a bag, waiting to drownThis time I'm coming downAnd I hope you're thinking of meAs you lay down on your sideNow the drugs don't workThey just make you worse but I know I'll see your face ...
    Nick’s KōreroBy Nick Rockel
    4 days ago
  • A blanket of misinformation

    Two old sayings have been on my mind lately. The first is: “The pen is mightier than the sword”, describing the power of language and communication to help or to harm. The other, which captures the speed with which falsehoods can become ingrained and hard to undo, is: “A lie can ...
    Greater AucklandBy Connor Sharp
    4 days ago
  • The Kākā’s Pick 'n' Mix for Wednesday, July 17

    TL;DR: My pick of the top six links elsewhere around housing, climate and poverty in Aotearoa’s political economy in the last day to 7:00 am on Wednesday, July 17 are:Scoop: Government considers rolling back home insulation standards RNZ’s Eloise GibsonNews: Government plans tree-planting frenzy as report shows NZ no longer ...
    The KakaBy Bernard Hickey
    4 days ago
  • The Kākā’s Journal of Record for Wednesday, July 17

    TL;DR: As of 6:00 am on Wednesday, July 17 , the top six announcements, speeches, reports and research around housing, climate and poverty in Aotearoa’s political economy in the last day were:Simon Watts released the Government’s draft Emissions Reduction Plan (ERP), which included proposed changes to the Emissions Trading Scheme ...
    The KakaBy Bernard Hickey
    4 days ago
  • “Shhhh” – National's 3 Waters is loaded with higher costs and lays a path to ...

    This is a long, possibly technical, but very, very important read. I encourage you to take the time and spread your awareness.IntroductionIn 2022, then Labour Party Prime Minister Jacinda Adern expended significant political capital to protect New Zealand’s water assets from privatisation. She lost that battle, and Labour and the ...
    Mountain TuiBy Mountain Tui
    4 days ago
  • Plugging a video channel: Dr Gilbz

    Dr. Ella Gilbert is a climate scientist and presenter with a PhD in Antarctic climate change, working at the British Antarctic Survey (BAS). Her background is in atmospheric sciences and she's especially interested in the physical mechanisms of climate change, clouds, and almost anything polar. She is passionate about communicating climate ...
    5 days ago
  • Some “scrutiny” again

    Back in 2022, in its Open Government Partnership National Action Plan, the government promised to strengthen scrutiny of Official Information Act exemption clauses in legislation. Since then they've run a secret "consultation" on how to do that, with their preferred outcome being that agencies will consult the Ministry of Justice ...
    No Right TurnBy Idiot/Savant
    5 days ago
  • Crashing New Zealand's health system is not the way to prosperity, Prime Minister

    Another day, and yet another piece of bad news for New Zealand’s health system. Reports have come out that General Practitioners (GP) may have to close doors, or increase patient fees to survive. The so-called ‘capitation’ funding review, which supports GP practices to survive, is under way, and primary care ...
    Mountain TuiBy Mountain Tui
    5 days ago
  • Closer Than You Think: Ageing Boomers, Laurie & Les, Talk Politics.

    Redefining Our Terms: “When an angry majority is demanding change, defending the status-quo is an extremist position.”“WHAT’S THIS?”, asked Laurie, eyeing suspiciously the two glasses of red wine deposited in front of him.“A nice drop of red. I thought you’d be keen to celebrate the French Far-Right’s victory with the ...
    5 days ago
  • Come on Darleen.

    Good morning all, time for a return to things domestic. After elections in the UK and France, Luxon gatecrashing Nato, and the attempted shooting of Trump, it’s probably about time we re-focus on local politics.Unless of course you’re Christopher Luxon and you’re so exhausted from all your schmoozing in Washington ...
    Nick’s KōreroBy Nick Rockel
    5 days ago
  • How the Northwest was lost and may be won

    This is a guest post by Darren Davis. It originally appeared on his excellent blog, Adventures in Transitland, which we encourage you to check out. It is shared by kind permission. The Northwest has always been Auckland’s public transport Cinderella, rarely invited to the public funding ball. How did ...
    Greater AucklandBy Guest Post
    5 days ago
  • The Kākā's Chorus for Tuesday July 16

    Luxon has told a Financial Times’ correspondent he would openly call out China’s spying in future and does not fear economic retaliation from Aotearoa’s largest trading partner.File Photo: Lynn Grieveson / The KākāTL;DR: The top six things I’ve noted around housing, climate and poverty in Aotearoa’s political economy on Tuesday, ...
    The KakaBy Bernard Hickey
    5 days ago
  • The Kākā’s Pick 'n' Mix for Tuesday, July 16

    TL;DR: My pick of the top six links elsewhere around housing, climate and poverty in Aotearoa’s political economy in the last day or so to 6:00 am on Tuesday, July 16 are:PM Christopher Luxon has given a very hawkish interview to the Financial Times-$$$ correspondent in Washington, Demetri Sevastopulu, saying ...
    The KakaBy Bernard Hickey
    5 days ago
  • The Kākā’s Journal of Record for Tuesday, July 16

    Photo by Ryunosuke Kikuno on UnsplashTL;DR: The top six announcements, speeches, reports and research around housing, climate and poverty in Aotearoa’s political economy in the last day to 6:00 am are:BNZ released its Performance of Services Index for June, finding that services sector is at its lowest level of activity ...
    The KakaBy Bernard Hickey
    5 days ago
  • The second crisis; assumption was the mother

    Late on the night of July 16, 1984, while four National Cabinet Ministers were meeting in the Beehive office of Deputy Prime Minister Jim McLay, plotting the ultimate downfall of outgoing Prime Minister Sir Robert Muldoon, another crisis was building up in another part of the capital. The United States ...
    PolitikBy Richard Harman
    5 days ago
  • Can we air condition our way out of extreme heat?

    This is a re-post from The Climate Brink by Andrew Dessler Air conditioning was initially a symbol of comfort and wealth, enjoyed by the wealthy in theaters and upscale homes. Over time, as technology advanced and costs decreased, air conditioning became more accessible to the general public. With global warming, though, ...
    6 days ago
  • Review: The Zimiamvian Trilogy, by E.R. Eddison (1935-1958)

    I have reviewed some fairly obscure stuff on this blog. Nineteenth century New Zealand speculative fiction. Forgotten Tolkien adaptations. George MacDonald and William Morris. Last month I took a look at The Worm Ouroboros (1922), by E.R. Eddison, which while not strictly obscure, is also not overly inviting to many ...
    6 days ago
  • Media Link: AVFA on the Trump assassination attempt.

    In this episode of “A View from Afar” Selwyn Manning and I discuss the attempt on Donald Trump’s life and its implications for the US elections. The political darkness grows. ...
    KiwipoliticoBy Pablo
    6 days ago
  • Law & Order: National Party 1, Police 0, Public -1

    What happened?Media is reporting that police have lost in their pay dispute with the Coalition Government.Some of you might remember that the police rejected Labour’s previous offer in September, 2023, possibly looking forward to be taken care of by the self-touted ‘Party of Law and Order’ - National.If you look ...
    Mountain TuiBy Mountain Tui
    6 days ago
  • Gordon Campbell on the Trump shooting and a potential hike in fees for visiting the doctor

    Having watched Donald Trump systematically exploit social grievances, urge people not to accept his election loss and incite his followers to violent insurrection… it is a bit hard to swallow the media descriptions over the past 24 hours of Trump being a “victim” of violence. More like a case of ...
    WerewolfBy lyndon
    6 days ago
  • The Kākā's Chorus for Monday July 15

    The exploitation of workers on the national fibre broadband rollout highlights once again the dark underbelly of our ‘churn and burn’ economy. Photo: Lynn Grieveson / The KākāTL;DR: The top six things I’ve noted around housing, climate and poverty in Aotearoa’s political economy today are:An extraordinary Steve Kilgallon investigation into ...
    The KakaBy Bernard Hickey
    6 days ago
  • The Kākā’s Pick 'n' Mix for Monday, July 15

    Photo by Jessica Loaiza on UnsplashTL;DR: My pick of the top six links elsewhere around housing, climate and poverty in Aotearoa’s political economy in the last three days to 9:00 am on Monday, July 15 are:Investigation: Immigration NZ refused to prosecute an alleged exploiter despite a mountain of evidence - ...
    The KakaBy Bernard Hickey
    6 days ago
  • City Centre Rebuild: How Soon Is Now?

    Patrick Reynolds is deputy chair of the City Centre Advisory Panel and a director of Greater Auckland There is ongoing angst about construction disruption in the city centre. And fair enough: it’s very tough, CRL and other construction has been going on for a very long time. Like the pandemic, ...
    Greater AucklandBy Patrick Reynolds
    6 days ago
  • Peril, dismay, resolution

    This afternoon we rolled into Budapest to bring to a close our ride across Europe. We did 144 km yesterday, severe heat messages coming in from the weather app as we bounced along unformed Hungarian back roads and a road strip strewn with fallen trees from an overnight tornado. Somewhere ...
    More Than A FeildingBy David Slack
    6 days ago
  • Bullet the Blue Sky

    In the locust windComes a rattle and humJacob wrestled the angelAnd the angel was overcomeYou plant a demon seedYou raise a flower of fireWe see them burnin' crossesSee the flames, higher and higherBullet the blue skyBullet the blue skyThe indelible images, the soundtrack of America. Guns, assassinations, where-were-you-when moments attached ...
    Nick’s KōreroBy Nick Rockel
    6 days ago
  • The Kākā’s Journal of Record for Monday, July 15

    TL;DR: The top six announcements, rulings, reports, surveys, statistics and research around housing, climate and poverty in Aotearoa’s political economy in the three days to 6:00 am on Monday, July 23 are:University of Auckland researcher Ryan Greenaway-McGrevy published an analysis of the impact of Auckland's 2016 zoning reforms.BNZ's latest Performance ...
    The KakaBy Bernard Hickey
    6 days ago
  • The Kākā’s diary for the week to July 23 and beyond

    TL;DR: The six key events to watch in Aotearoa-NZ’s political economy in the week to July 23 include:PM Christopher Luxon has returned from a trip to the United States and may hold a post-Cabinet news conference at 4:00 pm today.The BusinessNZ-BNZ PSI survey results for June will be released this ...
    The KakaBy Bernard Hickey
    6 days ago
  • Was The Assassination Attempt Fake?

    Hi,It’s in incredible photo, and we’re going to be talking about it for a long time:Trump, triumphantly raising his hand in the air after being shot. Photo credit: Evan VucciYou can watch what happened on YouTube in real time, as a 20-year-old from Pennsylvania lets off a series of gunshots ...
    David FarrierBy David Farrier
    6 days ago
  • 40 years ago, inside the crisis that made modern NZ

    It had rained all day in Auckland, and the Metro Theatre in Mangere was steamed up inside as more and more people arrived to celebrate what had once seemed impossible. Sir Robert Muldoon had lost the 1984 election. “Piggy” Muldoon was no more. Such was the desire to get rid ...
    PolitikBy Richard Harman
    6 days ago
  • 2024 SkS Weekly Climate Change & Global Warming News Roundup #28

    A listing of 34 news and opinion articles we found interesting and shared on social media during the past week: Sun, July 7, 2024 thru Sat, July 13, 2024. Story of the week It's still early summer in the Northern Hemisphere. The season comes as our first year of 1.5°C warming ...
    7 days ago
  • Unsurprising, but Trump shooting creates opportunity for a surprising response

    I can’t say I’m shocked. As the US news networks offer rolling coverage dissecting the detail of today’s shooting at a Donald Trump rally in Butler, Pennsylvania, and we hear eye-witnesses trying to make sense of their trauma, the most common word being used is shock. And shocking it is. ...
    PunditBy Tim Watkin
    7 days ago
  • Escalation in the States as Trump is shot and his allies capitalize on the moment

    Snapshot summary of the shooting in the States belowAnd a time to remember what Abraham Lincoln once said of the United States of America:We find ourselves in the peaceful possession of the fairest portion of the earth, as regards extent of territory, fertility of soil, and salubrity of climate. We ...
    Mountain TuiBy Mountain Tui
    7 days ago
  • Bernie Sanders: Joe Biden for President

    I will do all that I can to see that President Biden is re-elected. Why? Despite my disagreements with him on particular issues, he has been the most effective president in the modern history of our country and is the strongest candidate to defeat Donald Trump — a demagogue and ...
    Mountain TuiBy Mountain Tui
    1 week ago
  • Questions from God

    Have you invited God into your online life? Do you have answers for his questions? Did I just assume God’s pronouns?Before this goes any further, or gets too blasphemous, a word of explanation. When I say “God”, I don’t meant your god(s), if you have one/them. The God I speak ...
    Nick’s KōreroBy Nick Rockel
    1 week ago
  • The politics of money and influence

    Did you know: Four days ago, the CEO of Warner Bros Discovery (WBD), David Zaslav, opined that he didn’t really care who won the US Presidential election, so long as they were M&A and business friendly. Please share my Substack so I can continue my work. Thank you and happy ...
    Mountain TuiBy Mountain Tui
    1 week ago
  • Auckland & Transport Minister Simeon Brown's insanity

    Excuse me, but I just don’t feel like being polite today. What is going on with Simeon Brown? I mean, really? After spending valuable Ministerial time, focus, and government resources to overturn tailored speed limits in school and high fatality zones that *checks notes* reduces the risk of deaths and ...
    Mountain TuiBy Mountain Tui
    1 week ago
  • Were scientists caught falsifying data in the hacked emails incident dubbed 'climategate'?

    Skeptical Science is partnering with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. This fact brief was written by John Mason in collaboration with members from the Gigafact team. You can submit claims you think need checking via the tipline. Were scientists caught falsifying data in the ...
    1 week ago
  • What Happened to David D'Amato's Millions?

    Today’s podcast episode is for paying Webworm members — and is a conversation seven years in the making. Let me explain.Hi,As I hit “send” on this newsletter, I’m about to play my 2016 documentary Tickled to a theatre full of about 400 Webworm readers in Auckland, New Zealand.And with Tickled ...
    David FarrierBy David Farrier
    1 week ago

  • Oceans and Fisheries Minister to Solomons

    Oceans and Fisheries Minister Shane Jones is travelling to the Solomon Islands tomorrow for meetings with his counterparts from around the Pacific supporting collective management of the region’s fisheries. The 23rd Pacific Islands Forum Fisheries Committee and the 5th Regional Fisheries Ministers’ Meeting in Honiara from 23 to 26 July ...
    BeehiveBy beehive.govt.nz
    20 hours ago
  • Government launches Military Style Academy Pilot

    The Government today launched the Military Style Academy Pilot at Te Au rere a te Tonga Youth Justice residence in Palmerston North, an important part of the Government’s plan to crackdown on youth crime and getting youth offenders back on track, Minister for Children, Karen Chhour said today. “On the ...
    BeehiveBy beehive.govt.nz
    21 hours ago
  • Nine priority bridge replacements to get underway

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