Employment Relations Act 2000
Sections and provisions with full text and the judgments that cite each one.
Section 199 — Seal of Court
199 Seal of Court The Court is to have a seal, which is to be judicially noticed by all Courts and for all purposes. Compare: 1991 No 22 s 112
Section 200 — Appointment of Judges
200 Appointment of Judges (1) The Judges of the Court are to be appointed by the Governor-General on the advice of the Attorney-General. (2) No person may be appointed a Judge of the Court unless…
Section 200A — Judges act on full-time basis but may be authorised to act part-time
200A Judges act on full-time basis but may be authorised to act part-time (1) A person acts as a Judge of the Court on a full-time basis unless he or she is authorised by the Attorney-General to act…
Section 201 — Seniority
201 Seniority (1) Subject to subsections (2) and (3) , the Judges of the Court other than the Chief Judge have seniority among themselves according to the dates of their appointments as Judges of the…
Section 202 — Senior Judge to act as Chief Judge in certain circumstances
202 Senior Judge to act as Chief Judge in certain circumstances (1) While any vacancy exists in the office of Chief Judge, or during any absence from New Zealand of the Chief Judge, the senior Judge…
Section 203 — Judges to have immunities of High Court Judges
203 Judges to have immunities of High Court Judges The Judges have all the immunities of a Judge of the High Court.
Section 204 — Protection of Judges against removal from office
204 Protection of Judges against removal from office (1) A Judge of the Court may not be removed from office except by the Sovereign or the Governor-General, acting upon the address of the House of…
Section 205 — Age of retirement
205 Age of retirement Every Judge of the Court must retire from office on attaining the age of 70 years. Compare: 1991 No 22 s 113(6) Section 205 was amended, as from 6 March 2007, by section 4…
Section 206 — Salaries and allowances of Judges
206 Salaries and allowances of Judges (1) There is to be paid to each Judge of the Court, out of public money, without further appropriation than this section,— (a) a salary at such rate as the…
Section 207 — Appointment of temporary Judges
207 Appointment of temporary Judges (1) The Governor-General may from time to time, whenever in the Governor-General's opinion it is necessary or expedient to make a temporary appointment, appoint 1…
Section 208 — Sittings
208 Sittings (1) Subject to section 209 , the jurisdiction of the Court is to be exercised by a Judge sitting alone. (2) Sittings of the Court are to be held at such times and places as are from time…
Section 209 — Full Court
209 Full Court (1) The Chief Judge may direct that the Court must sit as a full Court to hear and determine any proceedings, case, or question. (2) The full Court comprises,— (a) as presiding member,…
Section 210 — Quorum and decision of Court
210 Quorum and decision of Court (1) Where, in relation to any proceedings, case, or question, the Court consists of more than 1 Judge, the presence of at least 2 Judges is necessary to constitute a…
Section 211 — Statement of case for Court of Appeal
211 Statement of case for Court of Appeal In any matter before the Court the Judge may, of the Judge's own motion, or on the application of any party, state a case for the Court of Appeal on any…
Section 212 — Court may make rules
212 Court may make rules (1) The Court may from time to time make rules (not inconsistent with this Act or with any regulations made under this Act) for the purpose of regulating the practice and…
Section 213 — Review of proceedings before Court
213 Review of proceedings before Court (1) If, in relation to any proceedings before the Court, any person wishes to apply for a review under Part 1 of the Judicature Amendment Act 1972 or bring…
Section 214 — Appeals on question of law
214 Appeals on question of law (1) A party to a proceeding under this Act who is dissatisfied with a decision of the Court (other than a decision on the construction of an individual employment…
Section 214A — Appeals to Supreme Court on question of law in exceptional circumstances
214A Appeals to Supreme Court on question of law in exceptional circumstances (1) A party to a proceeding under this Act who is dissatisfied with a decision of the Court (other than a decision on the…
Section 215 — Court of Appeal may refer appeals back for reconsideration
215 Court of Appeal may refer appeals back for reconsideration (1) Despite anything in section 214 , the Court of Appeal may in any case, instead of determining an appeal under that section, direct…
Section 216 — Obligation to have regard to special jurisdiction of Court
216 Obligation to have regard to special jurisdiction of Court In determining an appeal under section 214 or section 218 , the Court of Appeal must have regard to— (a) the special jurisdiction and…
Section 217 — Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of Court
217 Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of Court Any person who has been convicted of an offence against this Act, and any person against whom an…
Section 218 — Appeal to Court of Appeal in respect of order on application for review
218 Appeal to Court of Appeal in respect of order on application for review Any party to an application for review or other proceeding under section 194 who is dissatisfied with any final or…
Section 219 — Validation of informal proceedings, etc
219 Validation of informal proceedings, etc (1) If anything which is required or authorised to be done by this Act is not done within the time allowed, or is done informally, the Court, or the…
Section 220 — Documents under seal and certain signatures to be judicially noticed
220 Documents under seal and certain signatures to be judicially noticed (1) Every document bearing the seal of the Authority or the Court is to be received in evidence without further proof, and the…
Section 221 — Joinder, waiver, and extension of time
221 Joinder, waiver, and extension of time In order to enable the Court or the Authority, as the case may be, to more effectually dispose of any matter before it according to the substantial merits…
Section 222 — Application of Official Information Act 1982
222 Application of Official Information Act 1982 Nothing in the Official Information Act 1982 applies to any information held by the Department or the Authority or the Court in relation to any…
Section 223 — Labour Inspectors
223 Labour Inspectors (1) The chief executive may designate as Labour Inspectors such employees of the Department as the chief executive from time to time considers necessary for the purposes of— (a)…
Section 224 — Demand notice
224 Demand notice (1) A Labour Inspector (or a person authorised by a Labour Inspector to do so) may serve on an employer a demand notice, in the prescribed form, if— (a) an employee makes a…
Section 225 — Objections to demand notice
225 Objections to demand notice (1) An employer may lodge with the Authority an objection to a demand notice. (2) An objection must be lodged by an employer with the Authority within 28 days after…
Section 226 — Authority to determine objection
226 Authority to determine objection (1) The function of the Authority in respect of an objection is to determine whether or not the whole or part of the wages or holiday pay or other money specified…
Section 227 — Withdrawal of demand notice
227 Withdrawal of demand notice A demand notice may be withdrawn at any time by a Labour Inspector, but the withdrawal of a demand notice does not prevent another demand notice being served in…
Section 228 — Actions by Labour Inspector
228 Actions by Labour Inspector (1) A Labour Inspector may commence an action in the name and on behalf of an employee to recover any wages or holiday pay or other money payable by an employer to…
Section 229 — 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…
Section 230 — Entry of dwellinghouses
230 Entry of dwellinghouses No Labour Inspector may, under section 229 , enter in or be on any dwellinghouse unless he or she either— (a) has the consent of an occupier of that dwellinghouse; or (b)…
Section 231 — Entry warrant
231 Entry warrant A Judge who, on application made on oath, is satisfied that there is reasonable ground for believing that a dwellinghouse— (a) is a place in which any person is employed; or (b) is…
Section 232 — 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…
Section 233 — Obligations of Labour Inspectors
233 Obligations of Labour Inspectors (1) In entering any premises under the authority of section 229(1)(a) or under the authority of a warrant issued under section 231 , a Labour Inspector is bound…
Section 234 — Circumstances in which officers, directors, or agents of company liable for minimum wages and holiday pay
234 Circumstances in which officers, directors, or agents of company liable for minimum wages and holiday pay (1) This section applies in any case where a Labour Inspector commences an action in the…
Section 235 — Obstruction
235 Obstruction (1) A person commits an offence who, without reasonable cause,— (a) obstructs, delays, hinders, or deceives; or (b) causes to be obstructed, delayed, hindered, or deceived,— any…
Section 236 — Representation
236 Representation (1) Where any Act to which this section applies confers on any employee the right to do anything or take any action— (a) in respect of an employer; or (b) in the Authority or the…
Section 237 — Regulations
237 Regulations The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes: (a) prescribing the forms for the purposes of this Act: (b)…
Section 237A — Amendments to Schedule 1A
237A Amendments to Schedule 1A (1) The Governor-General may, by Order in Council, amend Schedule 1A to add to, omit from, or vary the categories of employees. (2) An Order in Council must not be made…
Section 238 — No contracting out
238 No contracting out The provisions of this Act have effect despite any provision to the contrary in any contract or agreement. Compare: 1991 No 22 s 147
Section 239 — New Schedule 3 substituted in Police Act 1958
239 New Schedule 3 substituted in Police Act 1958 The Police Act 1958 is amended by repealing Schedule 3 , and substituting the Schedule 3 set out in Schedule 4 .
Section 240 — Consequential amendments
240 Consequential amendments The enactments specified in Schedule 5 are amended in the manner indicated in that schedule.
Section 241 — Repeals
241 Repeals The enactments specified in Schedule 6 are repealed.
Section 242 — Enforcement of existing individual employment contracts
242 Enforcement of existing individual employment contracts (1) Every individual employment contract within the meaning of the Employment Contracts Act 1991 that is in force immediately before the…
Section 243 — Enforcement of existing collective employment contracts
243 Enforcement of existing collective employment contracts (1) Every collective employment contract within the meaning of the Employment Contracts Act 1991 that is in force immediately before the…
Section 244 — Existing collective employment contracts and collective bargaining
244 Existing collective employment contracts and collective bargaining Subject to section 246 , a collective employment contract that is continued in force by section 243 is, for the purpose of…
Section 245 — Existing procedures in relation to disputes and personal grievances
245 Existing procedures in relation to disputes and personal grievances (1) Subject to sections 247 and 248 , the grievance and disputes procedures that, under section 32 or section 44 of the…