Section 149 — Employment Relations Act 2000: Settlements

149 Settlements (1) Where a problem is resolved, whether through the provision of mediation services or otherwise, any person— (a) who is employed or engaged by the chief executive to provide the services; and (b) who holds a general authority, given by the chief executive, to sign, for the purposes of this section, agreed terms of settlement,— may, at the request of the parties to the problem, and under that general authority, sign the agreed terms of settlement. (2) Any person who receives a request under subsection (1) must, before signing the agreed terms of settlement,— (a) explain to the parties the effect of subsection (3) ; and (b) be satisfied that, knowing the effect of that subsection, the parties affirm their request. (3) Where, following the affirmation referred to in subsection (2) of a request made under subsection (1) , the agreed terms of settlement to which the request relates are signed by the person empowered to do so,— (a) those terms are final and binding on, and enforceable by, the parties; and (ab) the terms may not be cancelled under section 7 of the Contractual Remedies Act 1979 ; and (b) except for enforcement purposes, no party may seek to bring those terms before the Authority or the Court, whether by action, appeal, application for review, or otherwise. (4) A person who breaches an agreed term of settlement to which subsection (3) applies is liable to a penalty imposed by the Authority. Subsection (3)(ab) was inserted, as from 1 December 2004, by section 51(1) Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions. Subsection (4) was inserted, as from 1 December 2004, by section 51(2) Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.