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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 decide to stop strikes, lockouts, or pay deductions if they are unfair"

Illustration for Employment Relations Act 2000

The court has the power to make decisions about stopping a strike or lockout, or preventing one from happening. You can ask the court to stop a strike or lockout if it is happening or might happen. The court can also stop picketing related to a strike or lockout.

If you want to stop a pay deduction, you can ask the court to make a decision about it. The court will look at whether the employer is allowed to make the deduction under section 95A, and whether they gave the right notice under section 95B.

If the court is satisfied that the employer followed the rules, they will dismiss your request to stop the pay deduction. No other court can make a decision about stopping a strike, lockout, or pay deduction if the court has already made a decision.

The court must follow the rules in section 83 or section 84 when making decisions about strikes or lockouts. If the strike or lockout is allowed under these rules, the court will dismiss your request to stop it.

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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.

Topics:
Work and jobs > Worker rightsCrime and justice > Courts and legal help
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99: Jurisdiction of court in relation to torts, or

"Courts can hear cases about wrongs done during strikes or protests"

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"Rules to help employers and employees follow the law at work"

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. to stop a specified pay deduction that is being, or is to be, made.

          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. to stop a specified pay deduction that is being, or is to be, made.

                  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. Subsection (5) applies if any action or proceedings seeking the grant of an injunction to stop a specified pay deduction that is being, or is to be, made are commenced in the court, and the court is satisfied that—

                      2. the employer is entitled to make a deduction under section 95A; and
                        1. notice has been given in accordance with section 95B; and
                          1. the deduction has been correctly calculated in accordance with section 95C.

                            1. If the court is satisfied of the matters specified in subsection (4)(a) to (c),—

                            2. the court must dismiss that action or those proceedings; and
                              1. no proceedings seeking the grant of an injunction to stop that specified pay deduction 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): inserted, on , by section 10(1) of the Employment Relations (Pay Deductions for Partial Strikes) Amendment Act 2025 (2025 No 35).
                                • 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): inserted, on , by section 10(2) of the Employment Relations (Pay Deductions for Partial Strikes) Amendment Act 2025 (2025 No 35).
                                • Section 100(2)(c): repealed, on , by section 30(1) of the Employment Relations Amendment Act 2018 (2018 No 53).
                                • Section 100(4): inserted, on , by section 10(3) of the Employment Relations (Pay Deductions for Partial Strikes) Amendment Act 2025 (2025 No 35).
                                • Section 100(4): repealed, on , by section 30(2) of the Employment Relations Amendment Act 2018 (2018 No 53).
                                • Section 100(5): inserted, on , by section 10(3) of the Employment Relations (Pay Deductions for Partial Strikes) Amendment Act 2025 (2025 No 35).
                                • Section 100(5): repealed, on , by section 30(2) of the Employment Relations Amendment Act 2018 (2018 No 53).