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Employment Relations Act 2000

Institutions - Mediation services

150: Decision by authority of parties

You could also call this:

“When people agree, a special helper can make a final decision to solve their problem”

You and the other person involved in a problem can agree in writing to let someone from the mediation service make a decision about your issue. This person works for the government to help solve workplace problems.

Before the mediator makes a decision, they must explain to you what will happen if they do. They need to make sure you understand and still want them to decide.

If you agree to let the mediator decide, their decision is final. You must follow it, and it can be enforced. You can’t take the same problem to the Employment Relations Authority or to court after this, except to make sure the decision is followed.

If you don’t follow the mediator’s decision, you might have to pay a fine. The Employment Relations Authority can make you pay this fine.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60922.

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Work and jobs > Worker rights
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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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150A: Payment on resolution of problem, or

“When a problem is solved, money must be paid directly to the other person, not to someone speaking for them.”

Part 10 Institutions
Mediation services

150Decision by authority of parties

  1. The parties to a problem may agree in writing to confer on a person employed or engaged by the chief executive to provide mediation services, the power to decide the matters in issue.

  2. The person on whom the power is conferred must, before making and signing a decision under that power,—

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

      1. Where, following the affirmation referred to in subsection (2) of an agreement made under subsection (1), a decision on how to resolve a problem is made and signed by the person empowered to do so,—

      2. that decision is final and binding on, and enforceable by, the parties; and
        1. except for enforcement purposes, no party may seek to bring that decision before the Authority or the court, whether by action, appeal, application for review, or otherwise.

          1. A person who breaches a term of a decision to which subsection (3) applies is liable to a penalty imposed by the Authority.

          Notes
          • Section 150(4): added, on , by section 52 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).