Section 137 — Employment Relations Act 2000: Power of Authority to order compliance

137 Power of Authority to order compliance (1) This section applies where any person has not observed or complied with— (a) any provision of— (i) any employment agreement; or (ii) Parts 1 , 3 to 6 , 6A (except subpart 2 ), 6B , 7 , and 9 ; or (iii) any terms of settlement or decision that section 151 provides may be enforced by compliance order; or (iv) a demand notice that section 225(4) provides may be enforced by compliance order; or (v) sections 56 , 58 , 77A , and 77D of the State Sector Act 1988 ; or (vi) Parts 6 and 7 of the State Sector Act 1988 ; or (vii) section 11(3)(c) of the Health and Disability Services Act 1993; or (viii) clauses 5 and 6 of Schedule 1 of the Broadcasting Act 1989 ; or (ix) sections 83 , 83A , and 83B of the Fire Service Act 1975 ; or (x) clauses 18 , 19 , and 21 of Schedule 5 of the Injury Prevention, Rehabilitation, and Compensation Act 2001 ; or (xi) Part 2A (other than section 19G) and Schedule 1A of the Health and Safety in Employment Act 1992 ; or (b) any order, determination, direction, or requirement made or given under this Act by the Authority or a member or officer of the Authority. (2) Where this section applies, the Authority may, in addition to any other power it may exercise, by order require, in or in conjunction with any matter before the Authority under this Act to which that person is a party or in respect of which that person is a witness, that person to do any specified thing or to cease any specified activity, for the purpose of preventing further non-observance of or non-compliance with that provision, order, determination, direction, or requirement. (3) The Authority must specify a time within which the order is to be obeyed. (4) The following persons may take action against another person by applying to the Authority for an order of the kind described in subsection (2) : (a) any person (being an employee, employer, union, or employer organisation) who alleges that that person has been affected by non-observance or non-compliance of the kind described in subsection (1) : (b) a health and safety inspector appointed under section 29 of the Health and Safety in Employment Act 1992 who alleges that there has been non-observance or non-compliance of the kind described in subsection (1)(a)(xi) . Compare: 1991 No 22 s 55(1), (2) Subsection (1)(a)(ii) was substituted, as from 13 December 2006, by section 8 Employment Relations Amendment Act 2006 (2006 No 41). See section 11 of that Act as to the transitional provisions. Subsection (1)(a)(x) was substituted, as from 1 April 2002, by section 337(1) Injury Prevention, Rehabilitation, and Compensation Act 2001 (2001 No 49). See Part 10 of that Act for provisions relating to transition from competitive provision of workplace accident insurance. See Part 11 of that Act for transitional provisions relating to entitlements provided by Corporation. Subsection (1)(a)(xi) was inserted, as from 5 May 2003, by section 33(3) Health and Safety in Employment Amendment Act 2002 (2002 No 86). Subsection (1)(a)(xi) was amended, as from 1 December 2004, by section 45 Employment Relations Amendment Act (No 2) 2004 (2004 No 86) by substituting the expression “ 19G ” for the expression “ 19K ” . See section 73 of that Act for the transitional provisions. Subsection (4) was substituted, as from 5 May 2003, by section 33(4) Health and Safety in Employment Amendment Act 2002 (2002 No 86).