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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:

“A group can become a union if it follows certain rules and aims to help its members at work.”

You can register a society as a union if it meets certain requirements. The society must aim to support its members’ collective employment interests. It needs to be incorporated under the Incorporated Societies Act 1908. The society’s rules must be fair, democratic, and legal. They must also include a process for holding secret ballots. The society must be independent from any employer.

When deciding if a society can be registered as a union, the Registrar of Unions can use the statutory declaration provided in section 13(2)(c).

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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 rights
Government and voting > Government departments
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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 4 Recognition 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 Repealed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).