Section 194 — Employment Relations Act 2000: Application for review

194 Application for review (1) If any person wishes to apply for review under Part 1 of the Judicature Amendment Act 1972 , or bring proceedings seeking a writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in relation to the exercise, refusal to exercise, or proposed or purported exercise by— (a) the Authority; or (b) an officer of the Authority or the Court; or (c) an employer, or that employer's representative; or (d) a union, or that union's representative; or (e) the Registrar of Unions; or (f) the Minister; or (g) the chief executive; or (h) any other person—

of a statutory power or statutory power of decision (as defined by section 3 of the Judicature Amendment Act 1972 ) conferred by or under this Act or any of the provisions of Parts 5 , 6 , 7 , or 7A of the State Sector Act 1988 , the provisions of subsections (2) to (4) of this section apply. (2) Despite any other Act or rule of law, but subject to section 184(1A) , the Court has full and exclusive jurisdiction to hear and determine any application or proceedings of the type referred to in subsection (1) and all such applications or proceedings must be made to or brought in the Court. (3) Where a right of appeal (which includes, for the purposes of this subsection, the right to make an election under section 179 ) is conferred on any person under this Act or the State Sector Act 1988 in respect of any matter, that person may not make an application under subsection (1) in respect of that matter unless any appeal brought by that person in the exercise of that right of appeal has first been determined. (4) A Judge may at any time and after hearing such persons, if any, as the Judge thinks fit, give such directions prescribing the procedure to be followed in any particular case under this section as the Judge deems expedient having regard to the exigencies of the case and the interests of justice. Compare: 1991 No 22 s 105 Subsection (2) was amended, as from 1 December 2004, by section 64 Employment Relations Amendment Act (No 2) 2004 (2004 No 86) by inserting the words “ but subject to section 184(1A), ” after the words “ rule of law, ” . See section 73 of that Act for the transitional provisions.