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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:

“When You Can't Enter a Workplace for Security or Crime Reasons”

You can be stopped from entering a workplace if it might hurt New Zealand’s security or defence. You can also be stopped if it might interfere with investigating or detecting crimes. A special certificate can be used to prove that you should not be allowed into the workplace.

If the Attorney-General gives you a certificate, it means you are not allowed in. The certificate says that letting you in might hurt New Zealand’s security or defence, or interfere with investigating or detecting crimes. This certificate is given because of rules in section 20.

You might not be able to enter a workplace because of these rules. The person in charge can use the certificate to keep you out. This is to protect New Zealand and help with investigations.

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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.

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21: Conditions relating to access to workplaces, or

"Union representatives' rights to enter workplaces"

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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