# Rest and breaks Official source: https://www.employment.govt.nz/pay-and-hours/hours-and-breaks/rest-and-breaks Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Pay and hours Hours and breaks Rest and breaks Hours and breaks Pay and hours Pay and wages Hours and breaks Hours of work Rest and breaks Rostering Working overtime or extra shifts Everyone Rest and breaks Employees must be paid rest and unpaid meal breaks. The number and duration will depend on the hours worked. Women who breastfeed or express milk can have extra breaks and facilities where practical. Employee rights Rest breaks benefit workplaces by helping employees Any person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’). work safely and productively. Rest breaks must be a minimum of 10 minutes, and meal breaks at least 30 minutes. Employees are entitled to paid rest and unpaid meal breaks that: give them a reasonable chance during work periods to rest, refresh and take care of personal matters are appropriate for the length of their working day with the employer An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’). . Employers must pay for minimum rest breaks but do not have to pay for minimum meal breaks. Employees are entitled to set rest and meal breaks. Compensation for the employee will only be allowed instead of these breaks if an exemption applies and certain requirements are met. How long and when an employee can take breaks is based on the length of their ‘work period’. The work period means the period from the time an employee starts work till the time an employee finishes work, including all paid and unpaid authorised breaks. The Employment Relations Act 2000 provides an exemption from the required set rest and meal break entitlements in certain circumstances for essential services or employers that engage in New Zealand’s national security. Rest and meal breaks - Employment Relations Act 2000 – New Zealand Legislation (external link) Employers engaged in an essential service may be exempt if: continuity of service or production in the essential service is critical to the public interest, including (without limitation) services affecting public safety, and the employer would incur unreasonable costs in replacing an employee employed in the essential service during the rest breaks and meal breaks with another person who has sufficient skills and experience, and without compromising public safety. Employers engaged in the protection of New Zealand's national security may be exempt if: continuity of service is critical to New Zealand’s national security, and the employer would incur unreasonable costs in replacing an employee employed in the protection of New Zealand’s national security during the rest breaks and meal breaks with another person who has sufficient skills and experience, and without compromising New Zealand's national security. All employees (unless their employer is exempt) must at a minimum receive the rest and meal break entitlements set by the Employment Relations Act. If an employee is required to take a break under other legislation, that legislation applies to determine how and when the breaks are to be taken. For example, the Land Transport Rule: Work Time and Logbooks 2007 made under the Land Transport Act 1998 requires that a 30-minute break is taken after 5 and ½ hours of driving and must be taken outside of the work vehicle. Land Transport Rule: Work Time and Logbooks 2007 - NZ Transport Agency (external link) There is more information on how the Employment Relations Amendment Act 2018 impacts drivers and employers in the commercial transport sector on the NZTA website. Land Transport Rule: Work Time in Large Passenger Service Vehicles 2019 - NZ Transport Agency (external link) Types of breaks The minimum length of breaks required by law is 10 minutes for rest breaks and 30 minutes for meal breaks. Here are the minimum number of breaks that must be provided to employees for each time period worked. 2 hours or more, but not more than 4 hours worked: 1 x 10-minute paid rest break More than 4 hours, but no more than 6 hours worked: 1 x 10-minute paid rest break 1 x 30-minute unpaid meal break More than 6 hours, but less than 10 hours worked: 1 x 10-minute paid rest break 1 x 30-minute unpaid meal break 1 x 10-minute paid rest break 10 hours or more, but no more than 12 hours worked: 1 x 10-minute paid rest break 1 x 30-minute unpaid meal break 1 x 10-minute paid rest break 1 x 10-minute paid rest break More than 12 hours, but no more than 14 hours worked: 1 x 10-minute paid rest break 30-minute unpaid meal break 1 x 10-minute paid rest break 1 x 10-minute paid rest break Second 30-minute unpaid meal break More than 14 hours, but no more than 16 hours worked: 1 x 10-minute paid rest break First 30-minute unpaid meal break 1 x 10-minute paid rest break 1 x 10-minute paid rest break Second 30-minute unpaid meal break 1 x 10-minute paid rest break Negotiating breaks Employers and employees must have a reasonable opportunity to negotiate in good faith An underlying principle in employment law which requires employers and employees to deal with each other honestly, openly, and in a fair and timely way. and reach an agreement over the timing and length of breaks. A take it or leave it approach by an employer is unlikely to be seen as an agreement, rather a unilateral decision imposed by the employer (which would then raise questions around whether or not the timing of breaks were provided as specified in the Act, and if not, whether it was reasonable and practicable for the employer to provide the breaks when they did). An employee can take a representative (such as a family member or a union An organisation that supports and advocates for employees in the workplace. Unions bargain for collective agreements and help employees with information and advice about work-related issues. representative) along during a discussion with their employer if they’re not comfortable addressing the issue on their own. The employer or employee can seek mediation A confidential and safe way for employers and employees to work through their issues and develop solutions with the help of an independent mediator. Mediation is usually voluntary, but in some cases can be directed by the Employment Relations Authority. assistance if they’re having trouble reaching an agreement. When an agreement is reached between an employer and employee, this should be recorded in writing and followed. Mediation Good practice for determining when breaks are provided considers: how long the employee’s work period is the nature of the employee’s work any health and safety issues related to the work, for example, fatigue Managing stress and fatigue in the workplace - WorkSafe New Zealand (external link) the time of day or night that the employee’s work period starts, for example, matching meal breaks to normal meal times where possible the interests of the employee, for example, to allow enough time for rest, refreshment and to take care of personal matters the employer’s operational environment or resources, for example, does the employer need employees to take their breaks in stages or according to a roster, to continue production or services or do all employees need to take their breaks at the same time. An employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. or workplace policy Workplace policies and procedures explain the rules and expectations in the workplace. can give an employee extra rest and meal breaks, either paid or unpaid, above the minimum required by law. Creating an employment agreement Rostering If meal breaks are unpaid, an employer can agree that meal breaks will be for a minimum length (for example, the minimum length that employers are required to provide is 30 minutes) but employees can take a longer break if they want to if the employee and employer agree to this. An employee still needs to work their agreed total hours of work if they take a break longer than the agreed minimum (for example, the employee could take up to an hour and add the extra work time on to the end of their working day). An employment agreement provision that removes or reduces an employee’s minimum entitlement to take breaks or to compensatory measures, has no effect and cannot be enforced by an employer. Employee rights and responsibilities Break for breastfeeding or expressing milk Employers must provide appropriate facilities and breaks for women who want to breastfeed at work. This can be unpaid or paid, depending on the workplace policy. Benefits of providing breaks and facilities Breastfeeding gives babies their best start in life and benefits the mother. If an employer gives women appropriate facilities and breaks to breastfeed or express milk, they are more likely to return to work as planned and the employer retains capable employees. Parental leave provides information for employers, employees and self-employed people about parental leave and associated entitlements such as government-funded parental leave payments. What employers have to do Employers have to give breastfeeding breaks and appropriate facilities for women who want to breastfeed or express milk for their babies at work or during the working day, where this is reasonable and realistic in the circumstances (taking into consideration the employer’s operational environment and the employer’s resources). The breaks are unpaid and in addition to rest and meal breaks (unless the employee and employer agree otherwise). If employers do not do this, the Employment Relations Authority could make them comply or give them a penalty. Employment Relations Authority (external link) Code of employment practice on infant feeding [PDF, 271 KB] Providing appropriate facilities The facilities for breastfeeding should be appropriate. This means different things depending on the industry, workplace and employer’s resources. Appropriate facilities should not have to be too expensive or complicated. In most cases a woman just needs a private space with somewhere to sit, and maybe a power point and access to a fridge if she’s expressing milk. A group of employers could consider getting together to provide a shared facility if there are lots of workplaces close together, for example, in a shared office building or a shopping mall. The employer and employee should talk about what facilities and breaks are needed and then write down what they have agreed. If they cannot agree, they can go to the Employment Mediation A confidential and safe way for employers and employees to work through their issues and develop solutions with the help of an independent mediator. Mediation is usually voluntary, but in some cases can be directed by the Employment Relations Authority. Service for free help or seek help from their union An organisation that supports and advocates for employees in the workplace. Unions bargain for collective agreements and help employees with information and advice about work-related issues. or lawyer. Steps to resolve problems Joining a union Sometimes an employer’s operating environment and resources mean it is not reasonable and practicable to provide breastfeeding facilities. In all situations, the employee and employer should talk about it and try to agree. Breastfeeding in the workplace [PDF, 370 KB] Timings of breaks Employers and employees should agree on when the breaks are to be taken. If the employer and employee cannot agree on the timing of breaks, an employer must provide breaks at the following times, so long as it’s reasonable and practical. 2 hours or more, but not more than 4 hours worked: 1 x 10-minute paid rest break In the middle of the work period More than 4 hours, but no more than 6 hours worked: 1 x 10-minute paid rest break One-third of the way through the work period 1 x 30-minute unpaid meal break Two-thirds of the way through the work period More than 6 hours, but less than 10 hours worked: 1 x 10-minute paid rest break Halfway between the start of work and the meal break 1 x 30-minute unpaid meal break In the middle of the work period 1 x 10-minute paid rest break Halfway between the meal break and the finish of the work period 10 hours or more, but no more than 12 hours worked: 1 x 10-minute paid rest break Halfway between the start of work and the meal break 1 x 30-minute unpaid meal break In the middle of the first 8 hours of work 1 x 10-minute paid rest break Halfway between the meal break and the end of the first 8 hours of work 1 x 10-minute paid rest break Halfway between the end of the first 8 hours of work and the end of the work period More than 12 hours, but no more than 14 hours worked: 1 x 10-minute paid rest break Halfway between the start of work and the first meal break First 30-minute unpaid meal break In the middle of the first 8 hours of work 1 x 10-minute paid rest break Halfway between the meal break and the end of the first 8 hours of work 1 x 10-minute paid rest break One-third of the way between the end of the first 8 hours of work and the end of the work period Second 30-minute unpaid meal break Two-thirds of the way between the end of the first 8 hours of work and the end of the work period More than 14 hours, but no more than 16 hours worked: 1 x 10-minute paid rest break Halfway between the start of work and the first meal break First 30-minute unpaid meal break In the middle of the first 8 hours of wo