Section 179 — Employment Relations Act 2000: Challenges to determinations of Authority

179 Challenges to determinations of Authority (1) A party to a matter before the Authority who is dissatisfied with the determination of the Authority or any part of that determination may elect to have the matter heard by the Court. (2) Every election under this section must be made in the prescribed manner within 28 days after the date of the determination of the Authority. (3) The election must— (a) specify the determination, or the part of the determination, to which the election relates; and (b) state whether or not the party making the election is seeking a full hearing of the entire matter (in this Part referred to as a hearing de novo ). (4) If the party making the election is not seeking a hearing de novo, the election must specify, in addition to the matters specified in subsection (3) ,— (a) any error of law or fact alleged by that party; and (b) any question of law or fact to be resolved; and (c) the grounds on which the election is made, which grounds are to be specified with such reasonable particularity as to give full advice to both the Court and the other parties of the issues involved; and (d) the relief sought. (5) Subsection (1) does not apply— (a) to a determination, or part of a determination, about the procedure that the Authority has followed, is following, or is intending to follow; and (b) without limiting paragraph (a) , to a determination, or part of a determination, about whether the Authority may follow or adopt a particular procedure. Compare: 1991 No 22 s 95(1), (2) Subsection (5) was inserted, as from 1 December 2004, by section 59 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.