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Employment Relations Act 2000

Personal grievances, disputes, and enforcement - Penalties

136: Application of penalties recovered

You could also call this:

"What happens to the money when someone gets a penalty"

When you get a penalty, it must be paid into the Authority or the court. The Authority or the court then pays it into a Crown Bank Account. You do not get the penalty money.

The Authority or the court can order that some or all of the penalty money goes to someone else. This means they can decide who gets the money. They make this decision when they order the penalty.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60385.

Topics:
Crime and justice > Courts and legal helpWork and jobs > Worker rights
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135A: Chief executive or Labour Inspector may enforce payment of penalty, or

"The boss or worker helper can make someone pay the money they owe if they broke the rules."

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137: Power of Authority to order compliance, or

"The Authority can order you to follow the rules or fix a problem by a certain time."

Part 9Personal grievances, disputes, and enforcement
Penalties

136Application of penalties recovered

  1. Subject to any order made under subsection (2), every penalty recovered in any penalty action, whether before the Authority or the court, must be paid into the Authority or the court, as the case requires, and not to the plaintiff, and must then be paid by the Authority or the court into a Crown Bank Account.

  2. The Authority or the court may order that the whole or any part of any penalty recovered must be paid to any person.

Compare
  • 1991 No 22 s 54
Notes
  • Section 136(1): amended, on , pursuant to section 65R(3) of the Public Finance Act 1989 (1989 No 44).