Employment Relations Act 2000
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Title
1 Title This Act is the Employment Relations Act 2000.
Section Sch1-1
1 The production, processing, or supply of manufactured gas or natural gas (including liquefied natural gas).
Section Sch1-1-dup2
1 The holding and preparation of sheep, cattle, goats, pigs, or deer for slaughtering, the slaughtering of such animals, and the subsequent processing of their meat and smallgoods for the domestic…
Section Sch1-10
10 The operation of an ambulance service for sick or injured persons.
Section Sch1-11
11 The operation of— (a) a hospital care institution within the meaning of section 58(4) of the Health and Disability Services (Safety) Act 2001 ; or (b) a service necessary for the operation of such…
Section Sch1-12
12 The manufacture or supply of surgical and dialysis solutions.
Section Sch1-13
13 The manufacture or supply of a pharmaceutical that is for the time being listed in the pharmaceutical schedule under the New Zealand Public Health and Disability Act 2000 . Clause 13 was…
Section Sch1-14
14 The operation of a residential welfare institution or prison.
Section Sch1-15
15 The production of butter or cheese or of any other product of milk or cream and the processing, distribution, or sale of milk, cream, butter, or cheese or of any other product of milk or cream.
Section Sch1-16
16 The provision of Police emergency response services as defined in clause 3 of Schedule 1C. Schedule 1 part A clause 16: added, on 1 October 2008, by section 121 of the Policing Act 2008 (2008 No…
Section Sch1-2
2 The production, processing, distribution, or sale of petroleum, whether refined or not.
Section Sch1-2-dup2
2 The operation of meat inspection services associated with the slaughtering or supply of meat for domestic consumption. Compare: 1991 No 22 Schedule 3
Section Sch1-3
3 The production or supply of electricity or the operational management of a State enterprise (within the meaning of section 2 of the State-Owned Enterprises Act 1986 ) that has electricity…
Section Sch1-4
4 The supply of water to the inhabitants of a city, district, or other place.
Section Sch1-5
5 The disposal of sewage.
Section Sch1-6
6 The work of a fire brigade within the meaning of the Fire Service Act 1975 (but excluding the work performed by members of volunteer fire brigades).
Section Sch1-7
7 The provision of all necessary services in connection with the arrival, berthing, loading, unloading, and departure of ships at a port.
Section Sch1-8
8 The operation of— (a) a service for the carriage of passengers or goods by water between the North Island and the South Island or between the South Island and Stewart Island; or (b) a service…
Section Sch1-9
9 The operation of— (a) an air transport service, being a service by aircraft for the public carriage of passengers or goods for hire or reward (but excluding an air topdressing service); or (b) a…
Section Sch1B-1 — Application
1 Application (1) This code applies to the following parties to an employment relationship in the public health sector: (a) district health boards: (b) employees of district health boards: (c) unions…
Section Sch1B-10 — Mutual obligations
10 Mutual obligations (1) During collective bargaining each party must— (a) give thorough and reasonable consideration to the other's proposals; and (b) not act in a manner that undermines the other…
Section Sch1B-11 — General obligation for employers to provide for patient safety during industrial action
11 General obligation for employers to provide for patient safety during industrial action During industrial action, employers must provide for patient safety by ensuring that life preserving…
Section Sch1B-12 — Contingency plans
12 Contingency plans (1) As soon as notice of industrial action is received or given, an employer must develop (if it has not already done so) a contingency plan and take all reasonable and…
Section Sch1B-13 — Adjudication
13 Adjudication (1) If the parties cannot reach agreement under clause 12(5) they must, within 5 days after the date of the notice of industrial action, refer the matter for adjudication by a…
Section Sch1B-14 — Recognition of employees' right to make public comments
14 Recognition of employees' right to make public comments (1) Employers must respect and recognise the right of their employees to comment publicly and engage in public debate on matters within…
Section Sch1B-15 — Employee must first raise matter with employer
15 Employee must first raise matter with employer Before an employee exercises the right specified in clause 14(1) in relation to the operations of his or her employer, the employee must first— (a)…
Section Sch1B-16 — When employee may make public comments about employer's operations
16 When employee may make public comments about employer's operations If the employee is dissatisfied with his or her employer's response or there is no response from his or her employer, the…
Section Sch1B-17 — Confidentiality
17 Confidentiality When exercising the right specified in clause 14(1) , an employee must not breach patient confidentiality or professional confidentiality.
Section Sch1B-18 — Rights of union not affected
18 Rights of union not affected To avoid doubt, clauses 14 to 16 do not prevent a union from making public comments or engaging in public debate on any matter relating to the public health sector.
Section Sch1B-19 — Outsourcing or direct provision of services
19 Outsourcing or direct provision of services (1) This clause applies if— (a) an employer is a district health board or the New Zealand Blood Service; and (b) the employer obtains services from its…
Section Sch1B-2 — Purpose
2 Purpose The purpose of this code is— (a) to promote productive employment relationships in the public health sector: (b) to require the parties to make or continue a commitment— (i) to develop,…
Section Sch1B-20 — Change in provider of outsourced services
20 Change in provider of outsourced services (1) This clause applies if— (a) a district health board or the New Zealand Blood Service has outsourced (within the meaning of clause 19(1)(c)(i) ) the…
Section Sch1B-21 — Obligation to notify provisions of clauses 19 and 20
21 Obligation to notify provisions of clauses 19 and 20 (1) Before a district health board or the New Zealand Blood Service enters into an agreement or arrangement with a new employer to which clause…
Section Sch1B-22 — Notice of breach
22 Notice of breach If a party believes that another party has breached the duty of good faith in section 4 , it must bring this to the attention of the party in breach at an early stage.
Section Sch1B-23 — Obligation of party in breach
23 Obligation of party in breach A party in breach must— (a) if the breach can be made good, make good the breach by making every endeavour to restore the other party to the position the other party…
Section Sch1B-24 — Transitional
24 Transitional (1) This code does not apply to anything done or any matter arising before the commencement of the code. (2) However, subclause (1) applies subject to subclauses (3) and (4) . (3)…
Section Sch1B-3 — Interpretation
3 Interpretation In this code, unless the context otherwise requires,— good employer has the same meaning as in section 6(1) of the New Zealand Public Health and Disability Act 2000 health…
Section Sch1B-4 — General requirements
4 General requirements (1) In all aspects of their employment relationship, the parties must— (a) engage constructively; and (b) participate fully and effectively. (2) In their employment…
Section Sch1B-5 — Obligation to be good employer
5 Obligation to be good employer Every employer must be a good employer.
Section Sch1B-6 — Collective bargaining and collective agreements
6 Collective bargaining and collective agreements (1) The parties must support collective bargaining, including multi-employer collective agreements, where it is practical and reasonable to do so.…
Section Sch1B-7 — Principles of the Treaty of Waitangi
7 Principles of the Treaty of Waitangi The parties must recognise and support Part 3 of the New Zealand Public Health and Disability Act 2000 which, in order to recognise the principles of the Treaty…
Section Sch1B-8 — Agreement on clinical expert or other suitable person
8 Agreement on clinical expert or other suitable person As part of the arrangement required under section 32(1)(a) , the parties must make every endeavour to agree on a clinical expert or other…
Section Sch1B-9 — Specific things employers must not do during collective bargaining
9 Specific things employers must not do during collective bargaining During collective bargaining employers must not— (a) communicate directly with union members in relation to the collective…
Section Sch1C-1 — Application
1 Application (1) This code applies to the following parties: (a) the New Zealand Police (the Police ): (b) Police employees: (c) service organisations: (d) other employers to the extent that they…
Section Sch1C-2 — Purpose
2 Purpose The purpose of this code is— (a) to promote productive employment relationships in relation to the provision of services by the Police: (b) to require the parties to make or continue a…
Section Sch1C-3 — Interpretation
3 Interpretation In this schedule, unless the context otherwise requires,— industrial action means a strike by, or a lockout of, Police employees Police emergency response services means services…
Section Sch1C-4 — General requirements
4 General requirements (1) In all aspects of their employment relationship, the parties must— (a) engage constructively; and (b) participate fully and effectively. (2) In their employment…
Section Sch1C-5 — Agreement on suitable person
5 Agreement on suitable person As part of the arrangement required under section 32(1)(a) , the parties must make every endeavour to agree on a suitable person for the purposes of clause 11(1) .
Section Sch1C-6 — Collective bargaining and collective agreements
6 Collective bargaining and collective agreements (1) The parties must support collective bargaining where it is practical and reasonable to do so. (2) The parties must, as far as practical and…
Section Sch1C-7 — Specific things employers must not do during collective bargaining
7 Specific things employers must not do during collective bargaining During collective bargaining employers must not— (a) communicate directly with service organisation or other union members in…