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Employment Relations Act 2000

Institutions - Employment Relations Authority

179B: Limitations on consideration by Employment Court of matters arising under Part 6AA or 6AB

You could also call this:

“The Employment Court can't look into certain work-related issues that the Employment Relations Authority has already dealt with.”

This section talks about what the Employment Court can and can’t do with matters that come from Part 6AA or Part 6AB of the Employment Relations Act.

When the Employment Relations Authority is looking into something under Part 6AA or Part 6AB, there are some things that can’t happen:

The Authority can’t ask the Employment Court about a legal question that comes up during their investigation.

No one can move any matter, or part of a matter, to the Employment Court if it’s about Part 6AA or Part 6AB.

If you’re not happy with what the Authority decides about a Part 6AA or Part 6AB matter, you can’t choose to have the Employment Court hear it instead.

These rules make sure that matters from Part 6AA and Part 6AB are handled only by the Employment Relations Authority, not the Employment Court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1398268.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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179A: Limitation on challenges to certain determinations of Authority, or

“You can only challenge certain decisions if it's about specific reasons for ending a bargaining process.”

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179C: Limitations on consideration by Employment Court of matters arising under section 30D of Parental Leave and Employment Protection Act 1987, or

“The Employment Court can't look into certain parental leave issues that the Employment Relations Authority is handling.”

Part 10 Institutions
Employment Relations Authority

179BLimitations on consideration by Employment Court of matters arising under Part 6AA or 6AB

  1. This section applies to an investigation by, or determination of, the Authority under Part 6AA or 6AB.

  2. The Authority may not refer a question of law to the court under section 177 if the question of law arises during an investigation of the Authority under Part 6AA or 6AB.

  3. No matter, or part of a matter, may be removed to the court under section 178 if the matter, or the part of the matter, arises under Part 6AA or 6AB.

  4. No party who is dissatisfied with a determination, or any part of a determination, of the Authority under Part 6AA or 6AB may elect, under section 179, to have the matter heard by the court.

Notes
  • Section 179B: inserted, on , by section 7 of the Employment Relations (Flexible Working Arrangements) Amendment Act 2007 (2007 No 105).
  • Section 179B heading: amended, on , by section 15(1) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).
  • Section 179B(1): amended, on , by section 15(2) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).
  • Section 179B(2): amended, on , by section 15(2) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).
  • Section 179B(3): amended, on , by section 15(2) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).
  • Section 179B(4): amended, on , by section 15(2) of the Domestic Violence—Victims' Protection Act 2018 (2018 No 21).