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Employment Relations Act 2000

Recognition and operation of unions - Access to workplaces

24: Issue of certificate of exemption

You could also call this:

"Getting a special exemption certificate because of your religious beliefs"

The chief executive can issue a certificate of exemption to an employer who is one person, if they belong to a religious group that does not allow them to join other organisations. You can get this certificate if you are an employer and your religious beliefs stop you from joining other groups. The chief executive can give you this certificate for the purposes of section 23.

The chief executive can take back a certificate of exemption if you agree to give it back, or if it was given to you by mistake. They can also take it back if they think you are no longer eligible to have it.

You are no longer eligible if you do not belong to the religious group anymore, or if your situation has changed and you can now join other organisations.

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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=DLM58649.

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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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."

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25: Penalty for certain acts in relation to entering workplace, or

"Getting in trouble for stopping union reps from doing their job at work"

Part 4Recognition and operation of unions
Access to workplaces

24Issue of certificate of exemption

  1. The chief executive may, for the purposes of section 23, issue a certificate of exemption to an employer who is an individual if the chief executive is satisfied that the employer is a practising member of a religious society or order whose doctrines or beliefs preclude membership of any organisation or body other than the religious society or order of which the employer is a member.

  2. The chief executive may revoke a certificate of exemption if—

  3. the employer to whom it has been issued agrees; or
    1. it was issued in error; or
      1. the chief executive is satisfied that the employer has ceased to be a person eligible to be issued with the certificate.

        Notes
        • Section 24(1): amended, on , by section 7(1) of the Fair Pay Agreements Act Repeal Act 2023 (2023 No 65).