Part 8Strikes and lockouts
Procedure to provide public with notice before strike or lockout in certain passenger transport services
93Procedure to provide public with notice before strike in certain passenger transport services
No employee employed in a passenger road service or a passenger rail service may strike—
- unless participation in the strike is lawful under section 83 or section 84; and
- without the employee's union giving his or her employer notice in writing of the employee's intention to strike.
The notice required by subsection (1) must specify—
- the period of notice, being a period of not less than 24 hours; and
- the nature of the proposed strike, including—
- whether or not the proposed action will be continuous; and
- whether or not the employees will continue to perform some work for their employer while undertaking the proposed action; and
- whether or not the proposed action will be continuous; and
- the particular passenger road service or passenger rail service that will be affected by the strike; and
- the date and time on which the strike will begin; and
- the date and time on which, or an event on the occurrence of which, the strike will end.
The notice—
- must be signed by a representative of the employee's union; and
- need not specify the names of the employees on whose behalf it is given if it is expressed to be given on behalf of all employees who—
- are members of a union that is a party to the bargaining; and
- are covered by the bargaining; and
- are employed in the relevant part of the passenger road service or passenger rail service.
- are members of a union that is a party to the bargaining; and
An employer who is given notice of a strike under subsection (1) must take all practicable steps to ensure that the public who are likely to be affected are notified of the strike as soon as possible after the employer receives the notice.
For the purposes of this section and section 94, passenger road service means the carriage of passengers on any road, whether or not for hire or reward, by means of a large passenger service vehicle within the meaning of that term in section 2(1) of the Land Transport Act 1998 (not including any service specified as an exempt service in the regulations or the rules made under that Act).
Notes
- Section 93(2)(b): replaced, on , by section 8 of the Employment Relations (Pay Deductions for Partial Strikes) Amendment Act 2025 (2025 No 35).
- Section 93(2)(d): replaced, on , by section 58 of the Employment Relations Amendment Act 2014 (2014 No 61).
- Section 93(2)(e): inserted, on , by section 58 of the Employment Relations Amendment Act 2014 (2014 No 61).
- Section 93(5): substituted, on , by section 95(6) of the Land Transport Amendment Act 2005 (2005 No 77).