Employment Relations Act 2000
Sections and provisions with full text and the judgments that cite each one.
Section 152 — Mediation services not to be questioned as being inappropriate
152 Mediation services not to be questioned as being inappropriate (1) No mediation services may be challenged or called in question in any proceedings on the ground— (a) that the nature and content…
Section 153 — Independence of mediation personnel
153 Independence of mediation personnel (1) The chief executive must ensure that any person employed or engaged to provide mediation services under section 144 — (a) is, in deciding how to handle or…
Section 154 — Other mediation services
154 Other mediation services Nothing in this Part prevents any person seeking and using mediation services other than those provided by the chief executive under section 144 . Compare: 1991 No 22 s…
Section 155 — Arbitration
155 Arbitration (1) Nothing in this Act prevents the parties to an employment agreement from agreeing to submit an employment relationship problem to arbitration. (2) If the parties to an employment…
Section 156 — Employment Relations Authority
156 Employment Relations Authority This section establishes an authority called the Employment Relations Authority.
Section 157 — Role of Authority
157 Role of Authority (1) The Authority is an investigative body that has the role of resolving employment relationship problems by establishing the facts and making a determination according to the…
Section 158 — Lodging of applications
158 Lodging of applications Proceedings before the Authority are to be commenced by the lodging of an application in the prescribed form.
Section 159 — Duty of Authority to consider mediation
159 Duty of Authority to consider mediation (1) Where any matter comes before the Authority for determination, the Authority— (a) must, whether through a member or through an officer, first consider…
Section 160 — Powers of Authority
160 Powers of Authority (1) The Authority may, in investigating any matter,— (a) call for evidence and information from the parties or from any other person: (b) require the parties or any other…
Section 161 — Jurisdiction
161 Jurisdiction (1) The Authority has exclusive jurisdiction to make determinations about employment relationship problems generally, including— (a) disputes about the interpretation, application,…
Section 162 — Application of law relating to contracts
162 Application of law relating to contracts Subject to sections 163 and 164 , the Authority may, in any matter related to an employment agreement, make any order that the High Court or a District…
Section 163 — Restriction on Authority's power in relation to collective agreements
163 Restriction on Authority's power in relation to collective agreements The Authority may not, under section 162 or any other provision of this Act, make in respect of a collective agreement an…
Section 164 — Application to individual employment agreements of law relating to contracts
164 Application to individual employment agreements of law relating to contracts Where the Authority, has, under section 69(1)(b) or section 162 , the power to make an order cancelling or varying an…
Section 165 — Other provisions relating to investigations of Authority
165 Other provisions relating to investigations of Authority The provisions of Schedule 2 have effect in relation to the Authority and matters within its jurisdiction.
Section 166 — Membership of Authority
166 Membership of Authority (1) The Authority consists of— (a) 1 member who is to be appointed as the Chief of the Employment Relations Authority: (b) at least 2 other members. (2) For the purposes…
Section 167 — Appointment of members
167 Appointment of members Each member of the Authority is to be appointed by the Governor-General on the recommendation of the Minister. Compare: 1991 No 22 s 82(1)
Section 168 — Oath of office
168 Oath of office Each member of the Authority must, before entering on the exercise of any of his or her functions as a member of the Authority, swear or affirm before a Judge of the Court that the…
Section 169 — Term of office
169 Term of office (1) Every member of the Authority is to be appointed for a term not exceeding 4 years. (2) A member of the Authority is eligible for reappointment from time to time. Compare: 1991…
Section 170 — Vacation of office
170 Vacation of office (1) A member of the Authority may at any time be removed from office by the Governor-General for incapacity affecting performance of duty, neglect of duty, or misconduct,…
Section 171 — Salaries and allowances
171 Salaries and allowances (1) There is to be paid to each member of the Authority, out of public money, without further appropriation than this section,— (a) a salary at such rate or in accordance…
Section 172 — Temporary appointments
172 Temporary appointments (1) The Governor-General may from time to time, on the recommendation of the Minister, appoint 1 or more temporary members of the Authority to hold office for such period…
Section 173 — Procedure
173 Procedure (1) The Authority, in exercising its powers and functions, must— (a) comply with the principles of natural justice; and (b) act in a manner that is reasonable having regard to its…
Section 174 — Determinations
174 Determinations In recording its determination on any matter before it, the Authority, for the purpose of delivering speedy, informal, and practical justice to the parties,— (a) must— (i) state…
Section 175 — Seal of Authority
175 Seal of Authority The Authority is to have a seal, which is to be judicially noticed by all courts and for all purposes. Compare: 1991 No 22 s 89
Section 176 — Protection of members of Authority, etc
176 Protection of members of Authority, etc (1) A member of the Authority, in the performance of his or her duties under this Act, has and enjoys the same protection as a Justice of the Peace acting…
Section 177 — Referral of question of law
177 Referral of question of law (1) The Authority may, where a question of law arises during an investigation,— (a) refer that question of law to the Court for its opinion; and (b) delay the…
Section 178 — Removal to Court
178 Removal to Court (1) Where a matter comes before the Authority, any party may apply to the Authority to have the matter, or part of it, removed to the Court for the Court to hear and determine it…
Section 179 — Challenges to determinations of Authority
179 Challenges to determinations of Authority (1) A party to a matter before the Authority who is dissatisfied with the determination of the Authority or any part of that determination may elect to…
Section 179A — Limitation on challenges to certain determinations of Authority
179A Limitation on challenges to certain determinations of Authority (1) This section applies to a determination of the Authority made— (a) for the purposes of sections 50A to 50I ; or (b) under…
Section 179B — Limitations on consideration by Employment Court of matters arising under Part 6AA
179B Limitations on consideration by Employment Court of matters arising under Part 6AA (1) This section applies to an investigation by, or determination of, the Authority under Part 6AA . (2) The…
Section 180 — Election not to operate as stay
180 Election not to operate as stay The making of an election under section 179 does not operate as a stay of proceedings on the determination of the Authority unless the Court, or the Authority, so…
Section 181 — Report in relation to good faith
181 Report in relation to good faith (1) Where the election states that the person making the election is seeking a hearing de novo, the Authority must, if the Court so requests, as soon as…
Section 182 — Hearings
182 Hearings (1) Where the election states that the person making the election is seeking a hearing de novo, the hearing held pursuant to that election is to be a hearing de novo unless the parties…
Section 183 — Decision
183 Decision (1) Where a party to a matter has elected under section 179 to have that matter heard by the Court, the Court must make its own decision on that matter and any relevant issues. (2) Once…
Section 184 — Restriction on review
184 Restriction on review (1) Except on the ground of lack of jurisdiction or as provided in section 179 , no determination, order, or proceedings of the Authority are removable to any court by way…
Section 185 — Staff of Authority
185 Staff of Authority (1) The chief executive may from time to time designate such number of employees of the Department to act as officers of the Authority as may be required. (2) The officers…
Section 186 — Employment Court
186 Employment Court (1) This section establishes a court of record, called the Employment Court, which, in addition to the jurisdiction and powers specially conferred on it by this Act or any other…
Section 187 — Jurisdiction of Court
187 Jurisdiction of Court (1) The Court has exclusive jurisdiction— (a) to hear and determine elections under section 179 for a hearing of a matter previously determined by the Authority, whether…
Section 188 — Role in relation to jurisdiction
188 Role in relation to jurisdiction (1) The general role of the Court in relation to its jurisdiction is to hear and determine matters within its jurisdiction and to exercise its powers. (2) Where…
Section 189 — Equity and good conscience
189 Equity and good conscience (1) In all matters before it, the Court has, for the purpose of supporting successful employment relationships and promoting good faith behaviour, jurisdiction to…
Section 190 — Application of other provisions
190 Application of other provisions (1) The Court has, in relation to matters within its jurisdiction, and in addition to the powers specifically conferred on it by this Act or any other Act, the…
Section 191 — Other provisions relating to proceedings of Court
191 Other provisions relating to proceedings of Court The provisions of Schedule 3 have effect in relation to the Court and matters within its jurisdiction.
Section 192 — Application to collective agreements of law relating to contracts
192 Application to collective agreements of law relating to contracts (1) The Court may not, under section 162 (as applied by section 190(1) ), make in respect of a collective agreement an order…
Section 193 — Proceedings not to be questioned
193 Proceedings not to be questioned (1) Except on the ground of lack of jurisdiction or as provided in sections 213 , 214 , 217 , and 218 , no decision, order, or proceedings of the Court are…
Section 194 — Application for review
194 Application for review (1) If any person wishes to apply for review under Part 1 of the Judicature Amendment Act 1972 , or bring proceedings seeking a writ or order of, or in the nature of,…
Section 194A — Application for review by certain employees
194A Application for review by certain employees (1) This section applies to any exercise, refusal to exercise, or proposed or purported exercise of a statutory power or statutory power of decision…
Section 195 — Non-attendance or refusal to co-operate
195 Non-attendance or refusal to co-operate (1) Every person commits an offence, and is liable on conviction by the Court to a fine not exceeding $5,000, who, after being summoned under this Act as a…
Section 196 — Contempt of Court or Authority
196 Contempt of Court or Authority (1) This section applies where any person— (a) assaults, threatens, intimidates, or wilfully insults any person, being a member of the Authority, a Judge, an…
Section 197 — Constitution of Court
197 Constitution of Court The Court consists of— (a) 1 Judge called the Chief Judge of the Employment Court: (b) at least 2 other Judges who are to be called Judges of the Employment Court. Compare:…
Section 198 — Registrar and officers of Court
198 Registrar and officers of Court (1) The chief executive may from time to time designate such number of employees of the Department to act as Registrars of the Court as may be required, and…