Employment Relations Act 2000
Sections and provisions with full text and the judgments that cite each one.
Section Sch1C-10 — Contingency plans
10 Contingency plans (1) As soon as notice of industrial action is received or given, the Police must develop (if it has not already done so) a contingency plan and take all reasonable and…
Section Sch1C-11 — Adjudication
11 Adjudication (1) If the parties cannot reach agreement under clause 10(5) they must, within 5 days after the date of the notice of industrial action, refer the matter for adjudication by a…
Section Sch1C-12 — Recognition of service organisation members’ right to make public comments during collective bargaining
12 Recognition of service organisation members’ right to make public comments during collective bargaining (1) The Police must respect and recognise the right of service organisation members to…
Section Sch1C-13 — Employee must first raise matter with employer
13 Employee must first raise matter with employer Before a service organisation member exercises the right specified in clause 12(1) in relation to the operations of the Police, the employee must…
Section Sch1C-14 — When service organisation member may make public comments
14 When service organisation member may make public comments If the service organisation member is dissatisfied with the Police’s response or there is no response from the Police, the service…
Section Sch1C-15 — Confidentiality
15 Confidentiality When exercising the right specified in clause 12(1) , a service organisation member employee must not breach legal or operational requirements of confidentiality in respect of…
Section Sch1C-16 — Rights of service organisation not affected
16 Rights of service organisation not affected To avoid doubt, clauses 12 to 15 do not prevent a service organisation, or other union, or its representatives from making public comments or engaging…
Section Sch1C-17 — Transitional provision
17 Transitional provision This code applies to bargaining for any collective agreement which began before the commencement of the code.
Section Sch1C-8 — Mutual obligations
8 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 Sch1C-9 — Obligation for Police to provide for public safety during industrial action
9 Obligation for Police to provide for public safety during industrial action During industrial action, the Police must provide for public safety by ensuring that emergency response services are…
Section Sch1A — Employees to whom subpart 1 of Part 6A applies
Schedule 1A Employees to whom subpart 1 of Part 6A applies ss 69C , 237A Schedules 1A and 1B were inserted, as from 1 December 2004, by section 69 Employment Relations Amendment Act (No 2) 2004 (2004…
Section 2 — Commencement
2 Commencement This Act comes into force on 2 October 2000.
Section Sch2-1 — Construction of employment agreements and statutory provisions
1 Construction of employment agreements and statutory provisions (1) The Authority may, in performing its role, deal with any question related to the employment relationship, including— (a) any…
Section Sch2-10 — Power to prohibit publication
10 Power to prohibit publication (1) The Authority may, in respect of any matter, order that all or any part of any evidence given or pleadings filed or the name of any party or witness or other…
Section Sch2-11 — Power to award interest
11 Power to award interest (1) Subject to subclause (2) , in any matter involving the recovery of any money, the Authority may, if it thinks fit, order the inclusion, in the sum for which judgment is…
Section Sch2-12 — Power to proceed if any party fails to attend
12 Power to proceed if any party fails to attend If, without good cause shown, any party to a matter before the Authority fails to attend or be represented, the Authority may act as fully in the…
Section Sch2-13 — No invalidity for want of form
13 No invalidity for want of form No determination or order of the Authority, and no matter before the Authority, is to be held bad for want of form, or be void or in any way vitiated by reason of…
Section Sch2-14 — Withdrawal of matter
14 Withdrawal of matter Where any matter is before the Authority, it may at any time be withdrawn by the applicant or appellant. Compare: 1991 No 22 s 88(8)
Section Sch2-15 — Power to award costs
15 Power to award costs (1) The Authority may order any party to a matter to pay to any other party such costs and expenses (including expenses of witnesses) as the Authority thinks reasonable. (2)…
Section Sch2-16 — Investigation to continue on change in Authority
16 Investigation to continue on change in Authority Where any change takes place in the member constituting the Authority, any investigation then in progress does not abate and is not affected, but…
Section Sch2-17 — Urgency
17 Urgency Where any person applies to the Authority to accord urgency to an investigation, the Authority must consider that application and may, if satisfied that it is necessary and just to do so,…
Section Sch2-18 — Investigation not to abate by reason of death
18 Investigation not to abate by reason of death (1) An investigation by the Authority does not abate by reason of any vacancy in the membership of the Authority, or of the death of any party to the…
Section Sch2-2 — Representation of parties
2 Representation of parties (1) Any party or person involved in a matter before the Authority, or called upon to appear before the Authority, may— (a) appear personally; or (b) be represented— (i) by…
Section Sch2-3 — Privileged communications
3 Privileged communications (1) Where any party to any matter before the Authority is represented by a person other than a barrister or solicitor, any communications between that party and that…
Section Sch2-4 — Reopening of investigation
4 Reopening of investigation (1) The Authority may order an investigation to be reopened upon such terms as it thinks reasonable, and in the meantime to stay the effect of any order previously made.…
Section Sch2-5 — Witness summons
5 Witness summons (1) For the purposes of any matter before the Authority, the Authority may, on the application of any party to the matter, or of its own volition, issue a summons to any person…
Section Sch2-6 — Witnesses' expenses
6 Witnesses' expenses (1) Every person attending the Authority on a summons, and every other person giving evidence before the Authority, is entitled, subject to subclause (2) , to be paid, by the…
Section Sch2-7 — Evidence at distance
7 Evidence at distance (1) For the purpose of obtaining the evidence of witnesses at a distance, the Authority or, while the Authority is not sitting, any member of the Authority, has all the powers…
Section Sch2-8 — Power to take evidence on oath
8 Power to take evidence on oath (1) The Authority may take evidence on oath and, for that purpose, any member of the Authority, or any other person acting under the express or implied direction of…
Section Sch2-9 — Party competent as witness
9 Party competent as witness Any party to a matter before the Authority is competent to give evidence in the matter and may be compelled to give evidence as a witness. Compare: 1991 No 22 s 96
Section Sch2-4A — Service outside New Zealand
4A Service outside New Zealand Any document relating to a matter before the Authority may be served out of New Zealand— (a) by leave of the Authority; and (b) in accordance with regulations made…
Section 3 — Object of this Act
3 Object of this Act The object of this Act is— (a) to build productive employment relationships through the promotion of good faith in all aspects of the employment environment and of the employment…
Section Sch3-1 — Construction of employment agreements and statutory provisions
1 Construction of employment agreements and statutory provisions (1) The Court may, in exercising its jurisdiction, hear and determine any question related to the employment relationship, including—…
Section Sch3-10 — Party competent as witness
10 Party competent as witness Any party to proceedings before the Court is competent to give evidence in those proceedings and may be compelled to give evidence as a witness. Compare: 1991 No 22 s…
Section Sch3-11 — Power to dispense with evidence
11 Power to dispense with evidence In any proceedings the Court may, if it thinks fit, dispense with any evidence on any matters on which all parties to the proceedings have agreed. Compare: 1991 No…
Section Sch3-12 — Power to prohibit publication
12 Power to prohibit publication (1) In any proceedings the Court may order that all or any part of any evidence given or pleadings filed or the name of any party or witness or other person not be…
Section Sch3-13 — Discovery
13 Discovery (1) The Court may, in relation to discovery, make any order that a District Court may make under section 56A or section 56B of the District Courts Act 1947 ; and those sections apply…
Section Sch3-14 — Power to award interest
14 Power to award interest (1) Subject to subclause (2) , in any proceedings for the recovery of any money, the Court may, if it thinks fit, order the inclusion, in the sum for which judgment is…
Section Sch3-15 — Power to dismiss frivolous cases
15 Power to dismiss frivolous cases (1) The Court may, in any proceedings, at any time dismiss any matter or defence before it which it thinks frivolous or trivial. (2) In any such case the order of…
Section Sch3-16 — Power to proceed if any party fails to attend
16 Power to proceed if any party fails to attend If, without good cause shown, any party to proceedings before the Court fails to attend or be represented, the Court may act as fully in the matter…
Section Sch3-17 — Proceedings not invalid for want of form
17 Proceedings not invalid for want of form No decision or order of the Court, and no proceedings before the Court, are to be held bad for want of form, or be void or in any way vitiated by reason of…
Section Sch3-18 — Withdrawal of proceedings
18 Withdrawal of proceedings Where any matter is before the Court, it may at any time be withdrawn by the applicant or appellant. Compare: 1991 No 22 s 106
Section Sch3-2 — Appearance of parties
2 Appearance of parties (1) Any party to any proceedings before the Court, and any other person appearing before the Court, may— (a) appear personally; or (b) be represented— (i) by an officer or…
Section Sch3-3 — Privileged communications
3 Privileged communications (1) Where any party to proceedings before the Court is represented by a person other than a barrister or solicitor, any communications between that party and that person…
Section Sch3-4 — Evidence
4 Evidence Any party to any proceedings before the Court may give and call evidence. Compare: 1991 No 22 s 123(1)
Section Sch3-5 — Rehearing
5 Rehearing (1) The Court has in every proceeding, on the application of an original party to the proceeding, the power to order a rehearing to be had upon such terms as it thinks reasonable, and in…
Section Sch3-6 — Witness summons
6 Witness summons (1) For the purposes of any proceedings before the Court, the Court may, on the application of any party to those proceedings, or of its own volition, issue a summons to any person…
Section Sch3-7 — Witnesses' expenses
7 Witnesses' expenses (1) Every person attending the Court on a summons, and every other person giving evidence before the Court, is entitled, subject to subclause (2) , to be paid, by the party…
Section Sch3-8 — Evidence at distance
8 Evidence at distance (1) For the purpose of obtaining the evidence of witnesses at a distance, the Court, or, while the Court is not sitting, any Judge, has all the powers and functions of a…
Section Sch3-9 — Power to take evidence on oath
9 Power to take evidence on oath (1) The Court may take evidence on oath, and for that purpose any Judge, or any other person acting under the express or implied direction of the Court or a Judge,…