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Employment Relations Act 2000

Institutions - Employment Relations Authority

159: Duty of Authority to consider mediation

You could also call this:

“The Authority must check if talking it out can solve the problem before looking into it themselves.”

When an issue comes to the Employment Relations Authority, they must think about using mediation to solve it. A member or officer of the Authority will check if mediation has been tried already. If it hasn’t, or if more mediation could help, they will tell you to try it before they look into the matter themselves.

There are some times when the Authority might decide not to use mediation. This could be if they think it won’t help solve the problem, if it’s not in the public interest, if it might slow down urgent matters, or if it’s not practical for some reason. Even after they start looking into a matter, the Authority can still suggest mediation at any time if they think it might help.

If the Authority tells you to use mediation, you must try your best to settle your differences this way. While you’re doing this, the Authority will pause their own process until you’ve finished trying mediation or until they say otherwise.

Remember, there’s another rule called section 159AA that might change how this mediation process works in some cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60936.

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Part 10 Institutions
Employment Relations Authority

159Duty of Authority to consider mediation

  1. Where any matter comes before the Authority for determination, the Authority—

  2. must, whether through a member or through an officer, first consider whether an attempt has been made to resolve the matter by the use of mediation; and
    1. must direct that mediation or further mediation, as the case may require, be used before the Authority investigates the matter, unless the Authority considers that the use of mediation or further mediation—
      1. will not contribute constructively to resolving the matter; or
        1. will not, in all the circumstances, be in the public interest; or
          1. will undermine the urgent or interim nature of the proceedings; or
            1. will be otherwise impractical or inappropriate in the circumstances; and
            2. must, in the course of investigating any matter, consider from time to time, as the Authority thinks fit, whether to direct the parties to use mediation.

              1. Repealed

              2. Where the Authority gives a direction under subsection (1)(b) or subsection (1)(c), the parties must comply with the direction and attempt in good faith to reach an agreed settlement of their differences, and proceedings in relation to the request before the Authority are suspended until the parties have done so or the Authority otherwise directs (whichever first occurs).

              3. This section applies subject to section 159AA.

              Notes
              • Section 159(1)(b)(iii): amended, on , by section 27(1) of the Employment Relations Amendment Act 2010 (2010 No 125).
              • Section 159(1)(b)(iv): added, on , by section 27(1) of the Employment Relations Amendment Act 2010 (2010 No 125).
              • Section 159(1A): repealed, on , by section 21(1) of the Employment Relations Amendment Act 2016 (2016 No 9).
              • Section 159(3): inserted, on , by section 21(2) of the Employment Relations Amendment Act 2016 (2016 No 9).