Section 232 — Employment Relations Act 2000: Compilation of wages and time record

232 Compilation of wages and time record (1) Where an employer fails to produce, in response to a requirement under section 229(1)(c)(i) , a wages and time record or, in response to a requirement under section 229(1)(d) , a copy of a wages and time record, a Labour Inspector may, by written notice given to that employer, require that employer— (a) to compile a wages and time record; and (b) to deliver a written copy of the record compiled under paragraph (a) to the Labour Inspector. (2) The notice must specify— (a) the employee in respect of which, and the period in relation to which, the wages and time record must be compiled; and (b) the date by which the wages and time record must be both compiled and delivered to the Labour Inspector (which date must be at least 30 days after the date of the notice). (3) If an employer fails to comply with a notice under subsection (1) , written evidence of the contents of the employer's wages and time record, in relation to the period specified in the notice, may not, in any proceedings under this Act, be produced by the employer without the consent of the other party or parties or the leave of the Authority. (4) Every employer who, without reasonable cause, fails to comply with a notice given to that employer under subsection (1) is liable, in an action brought by a Labour Inspector, to a penalty under this Act imposed by the Authority. (5) In this section, a wages and time record, if applicable, includes a holiday and leave record kept under section 81 of the Holidays Act 2003 . Subsection (4) was amended, as from 1 December 2004, by section 67 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. Subsection (5) was inserted, as from 1 April 2004, by section 91(2) Holidays Act 2003 (2003 No 129).