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New Zealand law explained for everyone

Employment Relations Act 2000

Recognition and operation of unions - Access to workplaces

22: When access to workplaces may be denied

You could also call this:

“Union representatives can be stopped from entering workplaces if it might hurt New Zealand's safety or make it hard to catch criminals.”

You might not be allowed to enter a workplace if you’re a union representative in certain situations. This can happen if letting you in could cause problems for New Zealand’s security or defence. It can also happen if it might interfere with investigating or finding out about crimes.

If the Attorney-General gives a special document called a certificate, it proves that there are good reasons to stop you from entering the workplace or part of it. This certificate is considered solid proof and can’t be questioned.

For the certificate to be valid, it must come from the Attorney-General. It needs to say that letting you enter under section 20 could cause issues with New Zealand’s security or defence, or with investigating or finding out about crimes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM58647.

Topics:
Work and jobs > Worker rights
Crime and justice > Criminal law
Government and voting > Government departments
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21: Conditions relating to access to workplaces, or

“Rules for union members visiting workplaces to help workers or talk about joining”

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23: When access to workplaces may be denied on religious grounds, or

“Sometimes, a union helper can't go into a small workplace if the boss has a special paper and no workers belong to a union.”

Part 4 Recognition and operation of unions
Access to workplaces

22When access to workplaces may be denied

  1. A representative of a union may be denied access to a workplace if entry to the premises or any part of the premises might prejudice—

  2. the security or defence of New Zealand; or
    1. the investigation or detection of offences.

      1. A certificate given in accordance with subsection (3) is conclusive evidence that grounds exist under subsection (1) for denying entry to the premises or part of the premises.

      2. A certificate is given in accordance with this subsection if—

      3. it is given by the Attorney-General; and
        1. it certifies, in respect of the premises or part of the premises concerned, that permitting entry under section 20 might prejudice—
          1. the security or defence of New Zealand; or
            1. the investigation or detection of offences.

            Compare
            • 1991 No 22 s 15