Section 229 — Employment Relations Act 2000: Powers of Labour Inspectors

229 Powers of Labour Inspectors (1) For the purpose of performing his or her functions and duties under any Act specified in section 223(1) , every Labour Inspector has, subject to sections 230 to 233 , the following powers: (a) the power to enter, at any reasonable hour, any premises where any person is employed or where the Labour Inspector has reasonable cause to believe that any person is employed, accompanied, if the Labour Inspector thinks fit, by any other employee of the Department qualified to assist or by a member of the police: (b) the power to interview any person at any premises of the kind described in paragraph (a) and the power to interview any employer or any employee: (c) the power to require the production of, and to inspect and take copies from,— (i) any wages and time record or any holiday and leave record whether kept under this Act or any other Act: (ii) any other document held which records the remuneration of any employees: (d) the power to require any employer to supply to the Labour Inspector a copy of the wages and time record or holiday and leave record or employment agreement or both of any employee of that employer: (e) the power to inspect, and take copies of, any record kept under section 98 of strikes and lockouts: (f) the power to question any employer about compliance with any of the Acts referred to in section 223(1) . (2) Where any Labour Inspector makes any requirement of an employer under subsection (1)(c) or subsection (1)(d) , that employer must forthwith comply with that requirement. (3) Every employer who, without reasonable cause, fails to comply with any requirement made of that employer under subsection (1)(c) or subsection (1)(d) is liable, in an action brought by a Labour Inspector, to a penalty under this Act imposed by the Authority. (4) Where a Labour Inspector alleges that any person has not observed or not complied with any provision of section 130(1) or of subsection (2) of this section or of any of the Acts referred to in section 223(1) , that Labour Inspector may commence proceedings against that other person in respect of the non-observance or non-compliance by applying to the Authority under section 137 for an order of the kind described in subsection (1) of that section, and the provisions of that section apply accordingly with all necessary modifications. (5) No person is, on examination or inquiry under this section, required to give to any question any answer tending to incriminate that person. (6) Despite subsection (1) , the power of a Labour Inspector to enter any defence area within the meaning of the Defence Act 1990 is subject to any regulations made under section 93 of that Act. (7) A Labour Inspector may recover a penalty under this Act in the Authority for a breach of any provision that provides for the imposition of a penalty and is a provision of any of the Acts referred to in section 223(1) . Compare: 1991 No 22 s 144 Subsection (1)(c)(i) was amended, as from 1 April 2004, by section 91(2) Holidays Act 2003 (2003 No 129) by substituting the words “ holiday and leave record ” for the words “ holiday book ” . Subsection (1)(d) was amended, as from 1 April 2004, by section 91(2) Holidays Act 2003 (2003 No 129) by inserting the words “ or holiday and leave record ” after the word “ record ” . Subsection (3) was amended, as from 1 December 2004, by section 66 Employment Relations Amendment Act (No 2) 2004 (2004 No 86) by inserting the words “ , in an action brought by a Labour Inspector, ” after the words “ is liable ” . See section 73 of that Act for the transitional provisions.