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148A: Certain entitlements may be subject to mediation and agreed terms of settlement
or “You can talk about some of your pay rights with a helper, but they can't make you give up your pay”
You could also call this:

“When people solve a problem together, they can make an agreement that becomes final and must be followed.”

When you solve a problem through mediation services or another way, someone who works for the chief executive and has permission can sign the settlement agreement if you ask them to.

Before they sign, this person must explain to you what will happen after signing and make sure you still want to go ahead.

After they sign the settlement agreement, it becomes final. You must follow it, and it can be enforced. You can’t cancel it using certain parts of another law. You also can’t take the agreement to the Authority or court except to enforce it.

If you’re 16 or older, you can be part of a settlement agreement even if you’re not an adult yet. The agreement will apply to you as if you were an adult.

If you don’t follow the agreement after it’s signed, you might have to pay a penalty set by the Authority.

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Next up: 149A: Recommendation to parties

or “Someone can suggest a solution to your problem, and if you agree, it becomes the final decision.”
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Part 10 Institutions
Mediation services

149Settlements

  1. Where a problem is resolved, whether through the provision of mediation services or otherwise, any person—

  2. who is employed or engaged by the chief executive to provide the services; and
    1. who holds a general authority, given by the chief executive, to sign, for the purposes of this section, agreed terms of settlement,—
        1. may, at the request of the parties to the problem, and under that general authority, sign the agreed terms of settlement.

      1. Any person who receives a request under subsection (1) must, before signing the agreed terms of settlement,—

      2. explain to the parties the effect of subsection (3); and
        1. be satisfied that, knowing the effect of that subsection, the parties affirm their request.

          1. Where, following the affirmation referred to in subsection (2) of a request made under subsection (1), the agreed terms of settlement to which the request relates are signed by the person empowered to do so,—

          2. those terms are final and binding on, and enforceable by, the parties; and
            1. the terms may not be cancelled under sections 36 to 40 of the Contract and Commercial Law Act 2017; and
              1. except for enforcement purposes, no party may seek to bring those terms before the Authority or the court, whether by action, appeal, application for review, or otherwise.

                1. For the purposes of subsection (3), a minor aged 16 years or over may be a party to agreed terms of settlement, and be bound by that settlement, as if the minor were a person of full age and capacity.

                2. A person who breaches an agreed term of settlement to which subsection (3) applies is liable to a penalty imposed by the Authority.

                Notes
                • Section 149(3)(ab): inserted, on , by section 51(1) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                • Section 149(3)(ab): amended, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                • Section 149(3A): inserted, on , by section 23 of the Employment Relations Amendment Act 2010 (2010 No 125).
                • Section 149(4): added, on , by section 51(2) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).