Employment Relations Act 2000

Strikes and lockouts - Jurisdiction of Employment Court

100: Jurisdiction of court in relation to injunctions

You could also call this:

"Courts can stop strikes or lockouts, but only a special employment court has this power."

The court has the power to make decisions about stopping a strike or lockout. You can ask the court to stop a strike or lockout that is happening or to prevent one that is threatened. The court can also stop picketing related to a strike or lockout.

If you want to stop a strike or lockout, you must ask the court that has the power to make decisions about employment. No other court can make decisions about stopping a strike or lockout.

If the court is satisfied that a strike or lockout is lawful under section 83 or section 84, the court must dismiss the action. This means the court will not make a decision to stop the strike or lockout. You cannot ask another court to make a decision to stop the strike or lockout.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60301.



Part 8Strikes and lockouts
Jurisdiction of Employment Court

100Jurisdiction of court in relation to injunctions

  1. The court has full and exclusive jurisdiction to hear and determine any proceedings issued for the grant of an injunction—

  2. to stop a strike or lockout that is occurring or to prevent a threatened strike or lockout; or
    1. to stop any picketing related to a strike or lockout or to prevent any threatened picketing related to a strike or lockout; or
        1. No other court has jurisdiction to hear and determine any action or proceedings seeking the grant of an injunction—

        2. to stop a strike or lockout that is occurring or to prevent a threatened strike or lockout; or
          1. to stop any picketing related to a strike or lockout or to prevent any threatened picketing related to a strike or lockout; or
              1. Where any action or proceedings seeking the grant of an injunction to stop a strike or lockout or to prevent a threatened strike or lockout are commenced in the court, and the court is satisfied that participation in the strike or lockout is lawful under section 83 or section 84,—

              2. the court must dismiss that action or those proceedings; and
                1. no proceedings seeking the grant of an injunction to stop that strike or lockout or to prevent that threatened strike or lockout may be commenced in the District Court or the High Court.
                  1. Repealed
                  2. Repealed
                  Compare
                  • 1991 No 22 s 74
                  Notes
                  • Section 100(1)(b): amended, on , by section 63(1) of the Employment Relations Amendment Act 2014 (2014 No 61).
                  • Section 100(1)(c): repealed, on , by section 30(1) of the Employment Relations Amendment Act 2018 (2018 No 53).
                  • Section 100(2)(b): amended, on , by section 63(3) of the Employment Relations Amendment Act 2014 (2014 No 61).
                  • Section 100(2)(c): repealed, on , by section 30(1) of the Employment Relations Amendment Act 2018 (2018 No 53).
                  • Section 100(4): repealed, on , by section 30(2) of the Employment Relations Amendment Act 2018 (2018 No 53).
                  • Section 100(5): repealed, on , by section 30(2) of the Employment Relations Amendment Act 2018 (2018 No 53).