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Employment Relations Act 2000

Recognition and operation of unions - Registration of unions and related matters

14: When society entitled to be registered as union

You could also call this:

"When can a group be officially recognised as a workers' union?"

A society can be registered as a union if it meets some conditions. You need to check if the society's main goal is to help its members with their work interests. The society must be incorporated under the Incorporated Societies Act 1908.

The society's rules must be fair and not discriminatory. The rules must also allow for a secret ballot, which is a way of voting without people knowing how you voted. You must check if the society is independent and not controlled by an employer.

When deciding if a society can be registered as a union, the Registrar of Unions can use a statutory declaration made under section 13(2)(c). This helps the Registrar make a decision about the society's registration. The Registrar looks at the society's rules and goals to make this decision.

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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=DLM58635.

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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13: Application by society to register as union, or

"A group can ask to become an official workers' club if they follow the right steps."

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15: Registration of society as union, or

"This law explains how a group of workers can become an official union by asking the government to recognise them."

Part 4Recognition and operation of unions
Registration of unions and related matters

14When society entitled to be registered as union

  1. A society is entitled to be registered as a union if—

  2. the object or, if the society has more than 1 object, an object of the society is to promote its members' collective employment interests; and
    1. the society is incorporated under the Incorporated Societies Act 1908; and
      1. the society's rules are—
        1. not unreasonable; and
          1. democratic; and
            1. not unfairly discriminatory or unfairly prejudicial; and
              1. not contrary to law; and
              2. the society's rules contain a provision relating to the process for holding a secret ballot for the purposes of this Act; and
                1. the society is independent of, and is constituted and operates at arm's length from, any employer.

                  1. Repealed

                  2. Repealed

                  3. In deciding whether a society is entitled to be registered as a union, the Registrar of Unions may rely on the statutory declaration made under section 13(2)(c).

                  Notes
                  • Section 14(1)(ca): inserted, on , by section 5 of the Employment Relations (Secret Ballot for Strikes) Amendment Act 2012 (2012 No 37).
                  • Section 14(1A): repealed, on , by section 7(1) of the Fair Pay Agreements Act Repeal Act 2023 (2023 No 65).
                  • Section 14(1B): repealed, on , by section 7(1) of the Fair Pay Agreements Act Repeal Act 2023 (2023 No 65).