Section 86 — Employment Relations Act 2000: Unlawful strikes or lockouts

86 Unlawful strikes or lockouts (1) Participation in a strike or lockout is unlawful if the strike or lockout— (a) occurs while a collective agreement binding the employees participating in the strike or affected by the lockout is in force, unless subsection (2) applies; or (b) occurs during bargaining for a proposed collective agreement that will bind the employees participating in the strike or affected by the lockout, unless— (i) at least 40 days have passed since the bargaining was initiated; and (ii) if on the date bargaining was initiated the employees were bound by the same collective agreement, that collective agreement has expired; and (iii) if on that date the employees were bound by different collective agreements, at least 1 of those collective agreements has expired; or (c) relates to a personal grievance; or (d) relates to a dispute; or (da) relates to a bargaining fee clause or proposed bargaining fee clause under Part 6B ; or (e) relates to any matter dealt with in Part 3 ; or (f) is in an essential service and the requirements as to notice that are contained in section 90 or section 91 , as the case may be, have not been complied with; or (g) takes place in contravention of an order of the Court. (2) Subsection (1)(a) does not apply— (a) to an aspect of a collective agreement in respect of which the right to strike or lock out, as the case may be, is available under a declaration made by the Court under section 192(2)(c) ; or (b) to a collective agreement that is still in force after the first of the collective agreements referred to in subsection (1)(b)(iii) has expired, for so long as that bargaining continues. (3) For the purposes of this section, in determining whether a collective agreement is in force or has expired section 53 is not to be taken into account. Compare: 1991 No 22 s 63(a)-(d), (f), (g) Subsection (1)(da) was inserted, as from 1 December 2004, by section 35 Employment Relations Amendment Act (No 2) 2004 (2004 No 86). See section 73 of that Act for the transitional provisions.