VadeLab
StatuteEmployment Relations Act 2000

Section 177 — Employment Relations Act 2000: Referral of question of law

Text of the provision Official document

177 Referral of question of law (1) The Authority may, where a question of law arises during an investigation,— (a) refer that question of law to the Court for its opinion; and (b) delay the investigation until it receives the Court's opinion on that question. (2) Every reference under subsection (1) must be made in the prescribed manner. (3) The Court must provide the Authority with its opinion on the question of law and the Authority must then continue its investigation in accordance with that opinion. (4) Subsection (1) does not apply— (a) to a question about the procedure that the Authority has followed, is following, or is intending to follow; and (b) without limiting paragraph (a) , to a question about whether the Authority may follow or adopt a particular procedure. Compare: 1991 No 22 s 93 Subsection (4) was inserted, as from 1 December 2004, by section 57 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.

Official source: legislation.govt.nz

There are no decisions in our collection citing this provision yet. As new judgments are published, they will appear here.

Search case law on this topic

See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.

Explore case law →

Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.