Section 173 — Employment Relations Act 2000: Procedure

173 Procedure (1) The Authority, in exercising its powers and functions, must— (a) comply with the principles of natural justice; and (b) act in a manner that is reasonable having regard to its investigative role. (1A) Subsection (1)(a) does not require the Authority to allow the cross-examination of a party or person, but the Authority may, in its absolute discretion, permit such cross-examination. (2) The Authority may meet with the parties at such times and places as are from time to time fixed by a member of the Authority or an officer of the Authority. (2A) The Authority may exercise its powers under section 160(1) in the absence of 1 or more of the parties. (2B) However, if the Authority acts under subsection (2A) , the Authority must provide to an absent party— (a) any material it receives that is relevant to the case of the absent party; and (b) an opportunity to comment on the material before the Authority takes it into account. (2C) To avoid doubt, subsections (2A) and (2B) do not limit the powers of the Authority to make ex parte orders. (3) Meetings of the Authority may be adjourned from time to time and from place to place by a member of the Authority or an officer of the Authority designated for the purpose by the chief executive, whether at any meeting or at any time before the time fixed for the meeting. (4) The Chief of the Authority may require particular members of the Authority to investigate particular matters. Compare: 1991 No 22 s 88(4)-(6) Subsection (1A) was inserted, as from 14 November 2001, by section 10 Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001 (2001 No 91). Subsections (2A) to (2C) were inserted, as from 1 December 2004, by section 56 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.