Section 182 — Employment Relations Act 2000: Hearings

182 Hearings (1) Where the election states that the person making the election is seeking a hearing de novo, the hearing held pursuant to that election is to be a hearing de novo unless the parties agree otherwise or the Court otherwise directs. (2) The Court may give a direction under subsection (1) only if— (a) it has requested a report under section 181(1) ; and (b) it is satisfied,— (i) on the basis of that report; and (ii) after having had regard to any comments submitted under section 181(5) ,— that the person making the election did not participate in the Authority's investigation of the matter in a manner that was designed to resolve the issues involved. (3) Where— (a) the Court gives a direction under subsection (1) ; or (b) the election states that the person seeking the election is not seeking a hearing de novo,— the Court must direct, in relation to the issues involved in the matter, the nature and extent of the hearing.