Te Kāhui o Matariki Public Holiday Act 2022 is the legislation that establishes the Māori New Year as a statutory public holiday in New Zealand. It is the first law to recognize a holiday based on the Maramataka (lunar calendar), creating a shifting date that always falls on a Friday to facilitate a three-day weekend.
The establishment of Matariki as a public holiday marks a watershed moment in New Zealand’s legislative and cultural history. For the first time, a public holiday has been created specifically to acknowledge Te Ao Māori (the Māori worldview) and indigenous knowledge systems. Unlike other holidays imported from colonial traditions, this Act is rooted entirely in the astronomical and environmental cycles of Aotearoa.
What is the Te Kāhui o Matariki Public Holiday Act?
The Te Kāhui o Matariki Public Holiday Act 2022 is more than just a scheduling tool for a day off work; it is a concise piece of legislation that formally recognizes the rising of the Matariki star cluster (the Pleiades) as a marker for the New Year. Passed into law on April 7, 2022, and receiving Royal Assent shortly thereafter, the Act serves to reaffirm the nation’s commitment to biculturalism.
The Act creates a standard public holiday, meaning it falls under the jurisdiction of the Holidays Act 2003 regarding worker entitlements. However, unique to this Act is the methodology used to determine the date. Unlike Christmas (Gregorian fixed date) or Easter (calculated via a Western ecclesiastical lunar formula), Matariki is calculated based on the heliacal rising of the stars and the phases of the moon, guided by expert Māori astronomical knowledge.
The History and Passage of the Bill
The journey toward the Te Kāhui o Matariki Public Holiday Act was driven by decades of cultural revitalization and public advocacy. While Matariki has been celebrated by iwi and hapū for centuries, its resurgence in the mainstream consciousness began in the early 2000s.
From Petition to Parliament
The legislative momentum largely began with a public petition. In 2020, a petition launched by Laura O’Connell Rapira and ActionStation gained over 30,000 signatures, calling for Matariki to be made a public holiday. This demonstrated a significant public appetite for a holiday that reflected New Zealand’s unique geography and indigenous culture.
Following the 2020 General Election, the Labour Government, led by Prime Minister Jacinda Ardern, committed to establishing the holiday. A critical step in this process was the formation of the Matariki Advisory Group, chaired by the renowned expert in Māori astronomy, Professor Dr. Rangi Matamua. This group was tasked with advising the government on a date that was culturally accurate and historically sound.
Legislative Debate and Royal Assent
The Bill was introduced to the House on September 30, 2021. During the readings, debates focused on the economic cost of an additional public holiday versus the cultural and social benefits of national identity and mental well-being. The Bill passed its third reading on April 7, 2022, with support from Labour, the Green Party, and Te Paati Māori. It officially became law upon receiving Royal Assent on April 11, 2022.
Key Provisions of the Act
The Act itself is relatively short, but its provisions establish robust mechanisms for maintaining the integrity of the holiday. The legislation does not merely set a date; it establishes a framework for how the holiday should be treated and understood.
1. Establishment of the Holiday
The primary provision is the declaration that Te Kāhui o Matariki is a public holiday. The Act explicitly states that the holiday must be observed on a Friday. This was a deliberate decision to support the principle of distinct celebration, allowing for a long weekend that encourages travel, return to home marae, and time with family (whānau).
2. The Role of the Matariki Advisory Board
One of the most innovative aspects of the Act is the formal recognition of the Matariki Advisory Board. The Act empowers the Minister to appoint recognized experts in Te Ao Māori and astronomy to advise on future dates. This ensures that the holiday remains tethered to the actual environmental signs (tohu) rather than becoming a detached secular date. This provision effectively writes Mātauranga Māori (Māori knowledge) into the statute.
3. Amendment to the Holidays Act 2003
The Act creates a consequential amendment to the Holidays Act 2003, adding Matariki to the list of standard public holidays. This ensures that all standard protections—time and a half pay for working, days in lieu, and paid days off—apply automatically.
Protection of the Date and the Maramataka
How does the government legislate a holiday that moves every year? This was the primary technical challenge of the Bill. In the Gregorian calendar, dates are fixed (e.g., January 1st). However, Matariki follows the stellar and lunar cycles.
To provide certainty for businesses, schools, and the tourism sector, the Act does not leave the date as a surprise each year. Instead, the legislation includes a schedule setting out the dates for the holiday decades in advance. These dates were calculated by the Matariki Advisory Group using the Maramataka.
The “Fridayization” of the Holiday
The Act stipulates that the holiday will always be celebrated on a Friday. The selected Friday is usually the one closest to the Tangaroa lunar phase of the Pipiri month, following the rising of Matariki. By legislating the dates out to 2052, the Act balances the fluidity of indigenous timekeeping with the rigidity required by modern commerce and payroll systems.
Comparison with Waitangi Day and Anzac Day Laws
To fully understand the Te Kāhui o Matariki Public Holiday Act, it is helpful to compare it with New Zealand’s other “national” days: Waitangi Day and Anzac Day. There are distinct legal and cultural differences in how these days are treated in legislation.
Mondayisation Rules
Waitangi Day (Feb 6) and Anzac Day (April 25) are fixed-date holidays. Historically, if these dates fell on a weekend, the holiday was “lost” for workers who worked Monday to Friday. In 2013, the Mondayisation Act was passed, ensuring that if these dates fall on a weekend, the public holiday transfers to the following Monday.
Matariki differs significantly because the Act specifically mandates that the holiday always falls on a Friday. Therefore, “Mondayisation” is legally irrelevant for Matariki. It is designed to be a three-day weekend event every single year, unlike Waitangi or Anzac days which can fall mid-week.
Restrictions on Commerce
Anzac Day (until 1:00 PM) and Good Friday have strict trading restrictions under the Shop Trading Hours Act. Many shops must close.
Matariki does not have these trading restrictions. The Te Kāhui o Matariki Public Holiday Act treats the day like Waitangi Day or Queen’s Birthday (now King’s Birthday) regarding commerce. Shops can open, and alcohol can be sold, provided employees are paid their public holiday entitlements. This decision was made to allow the hospitality and tourism sectors to benefit from the long weekend.
Impact on Employment and Business
For employers and employees, the Act integrates Matariki seamlessly into the existing employment law framework. Because it is a standard public holiday, the following rules apply:
- Payment: Employees who work on Matariki must be paid time and a half (T1.5).
- Alternative Holiday: If Matariki is a normal working day for the employee and they work it, they are entitled to a paid day off in lieu (an alternative holiday).
- Observation: Because the date shifts annually (ranging from mid-June to mid-July), payroll systems must be updated annually to reflect the specific Friday designated in the Act’s schedule.
The Act was estimated to cost the economy roughly $450 million annually in wages and lost production, but proponents argued this is offset by the boost to domestic tourism, hospitality, and the unquantifiable benefits of social cohesion and national identity.
The Cultural Significance of the Legislation
The passing of the Te Kāhui o Matariki Public Holiday Act is widely regarded as a maturation of New Zealand society. It is the first public holiday that does not celebrate a colonial figure, a religious event from the Northern Hemisphere, or a war.
The Act codifies the values associated with Matariki: remembrance (honoring those who have passed), celebrating the present (gathering with community), and looking to the future. By enshrining these values in law, the New Zealand government has validated Māori science and astronomy as equal to Western systems of timekeeping.
Furthermore, the Act serves as an educational tool. The publicity surrounding the legislation has led to a massive increase in public understanding of the Maramataka, star navigation, and environmental stewardship (Kaitiakitanga), fulfilling the Act’s broader purpose of fostering national unity through shared understanding.
People Also Ask
When was the Te Kāhui o Matariki Public Holiday Act passed?
The Act was passed by the New Zealand Parliament on April 7, 2022, and received Royal Assent on April 11, 2022. The first official public holiday under this Act was celebrated on June 24, 2022.
Why does the date of the Matariki holiday change every year?
The date changes because it is determined by the Maramataka (Māori lunar calendar) rather than the Gregorian solar calendar. The date is set based on the rising of the Matariki star cluster and the phases of the moon, ensuring the holiday aligns with the actual environmental event.
Are shops closed on Matariki public holiday?
No, there are no specific trading restrictions for Matariki under the Act. Unlike Good Friday or Easter Sunday, shops and supermarkets are permitted to open, provided they comply with employment laws regarding public holiday pay for staff.
Is Matariki the only indigenous public holiday in the world?
While not the only indigenous celebration, the Te Kāhui o Matariki Public Holiday Act is unique because it is one of the few national statutory holidays in a Western democracy explicitly based on indigenous astronomical knowledge and timekeeping systems.
Does the Act apply to all of New Zealand?
Yes, the Act applies to all of New Zealand. However, the legislation acknowledges that different iwi (tribes) may celebrate the New Year at slightly different times or recognize the star Puanga instead of Matariki. The Act sets a unified national date for administrative convenience while acknowledging these regional differences.
What are the employee entitlements for Matariki?
As a standard public holiday, employees are entitled to time and a half pay if they work. If it is a day they would normally work, they also receive an alternative holiday (day in lieu). If they do not work and it is a normal working day, they are paid for the day off.