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Employment Relations Act 2000

Institutions - Mediation services

151: Enforcement of terms of settlement agreed or authorised

You could also call this:

“Rules about making sure people follow what they agreed to or were told to do after talking things out”

This section of the law talks about how to make sure people follow the agreements they make during mediation for employment issues. You can enforce three types of agreements:

  1. Terms of settlement that you and the other person agreed to
  2. Recommendations that you both agreed to follow
  3. Decisions that you both agreed to follow

If someone doesn’t follow these agreements, you have two ways to make them comply:

  1. You can ask for a compliance order. This is like asking a judge to tell the person they must follow the agreement.

  2. If the agreement was about money, you have an extra option. You can use the same process as if the agreement was a court order. This means you can take steps to collect the money, just like you would if a judge had ordered the person to pay.

These rules help make sure that when you reach an agreement in mediation, both sides will stick to what they promised.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60926.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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“When a problem is solved, money must be paid directly to the other person, not to someone speaking for them.”

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152: Mediation services not to be questioned as being inappropriate, or

“You can't say the mediation service wasn't done right or wasn't the right kind of service.”

Part 10 Institutions
Mediation services

151Enforcement of terms of settlement agreed or authorised

  1. This section applies to—

  2. any agreed terms of settlement that are enforceable by the parties under section 149(3):
    1. any recommendation that is enforceable by the parties under section 149A(5):
      1. any decision that is enforceable by the parties under section 150(3).

        1. A matter referred to in subsection (1) may be enforced—

        2. by compliance order under section 137; or
          1. in the case of a monetary settlement, in one of the following ways:
            1. by compliance order under section 137:
              1. by using, as if the settlement, recommendation, or decision were an order enforceable under section 141, the procedure applicable under section 141.

              Notes
              • Section 151: substituted, on , by section 25 of the Employment Relations Amendment Act 2010 (2010 No 125).