Plain language law

New Zealand law explained for everyone

Parental Leave and Employment Protection Act 1987

Remedies available to employees

70: Enforcement of judgments

You could also call this:

“How the court helps you get money you're owed from a parental leave case”

If you win a case in court related to parental leave or employment protection, the court will make an order stating how much money you should get. The court’s registrar will give you a certificate that shows this amount and who needs to pay it.

You can take this certificate to the District Court. Once you file it there, it becomes just like a normal court judgment for a debt. This means you can use the usual ways to get your money, like having the court enforce the payment.

However, there’s an important rule to protect people who owe money from this kind of case. Even if someone doesn’t pay what they owe from a parental leave or employment protection case, they can’t be sent to jail for it. The law that usually allows putting people in prison for not paying debts doesn’t apply in these situations.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM121074.

Previous

69: Penalties, or

“This part about punishments for breaking the rules was removed”

Next

70A: Labour Inspectors may make determinations in respect of employees, or

“Labour Inspectors can decide about your parental leave if you and your boss disagree”

Part 7 Remedies available to employees

70Enforcement of judgments

  1. A certificate under the hand of the Registrar of the court, specifying the amount payable under any order for the payment of money made under this Act by the court, and the persons by whom and to whom it is payable, may be filed in the District Court, and, subject to subsection (2), shall then be enforceable in the same manner as a judgment given by the District Court in an action for the recovery of a debt.

  2. No proceedings shall be taken under the Imprisonment for Debt Limitation Act 1908 against any person for failing or refusing to pay any penalty imposed on that person under this Act.

Compare
  • 1980 No 162 s 46
Notes
  • Section 70(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).