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Employment Relations Act 2000

Institutions - Employment Relations Authority

160: Powers of Authority

You could also call this:

“The Employment Relations Authority can do many things to sort out workplace problems, like asking for information and talking to people.”

The Employment Relations Authority has several powers when investigating a matter. You can expect the Authority to ask for evidence and information from you and others involved. They might ask you to come to a meeting to give evidence. The Authority can talk to you or anyone else before, during, or after a meeting. They can fully question any witness during a meeting.

The Authority can decide if a meeting should be private or if certain people shouldn’t be there. They can follow any procedure they think is right for the investigation.

When making decisions, the Authority can consider any evidence or information they believe is fair and right, even if it’s not strictly legal evidence. They must allow cross-examination of you or anyone else as long as it fits with this approach.

The Authority doesn’t have to treat a matter exactly as you describe it. They can focus on solving the employment relationship problem in whatever way they think is best.

One thing the Authority can’t do is make a freezing order or search order. These are special orders that only the High Court Rules 2016 allow for.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60937.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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159A: Duty of Authority to prioritise previously mediated matters, or

“The Employment Relations Authority must deal with cases that have already tried mediation before looking at other cases.”

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161: Jurisdiction, or

“This law explains what kinds of work problems the Employment Relations Authority can help solve, like disputes about pay, unfair treatment at work, and making sure employers follow the rules.”

Part 10 Institutions
Employment Relations Authority

160Powers of Authority

  1. The Authority may, in investigating any matter,—

  2. call for evidence and information from the parties or from any other person:
    1. require the parties or any other person to attend an investigation meeting to give evidence:
      1. interview any of the parties or any person at any time before, during, or after an investigation meeting:
        1. in the course of an investigation meeting, fully examine any witness:
          1. decide that an investigation meeting should not be in public or should not be open to certain persons:
            1. follow whatever procedure the Authority considers appropriate.

              1. The Authority may take into account such evidence and information as in equity and good conscience it thinks fit, whether strictly legal evidence or not.

              2. The Authority must allow cross-examination of a party or a person to the extent that is consistent with subsection (2).

              3. The Authority is not bound to treat a matter as being a matter of the type described by the parties, and may, in investigating the matter, concentrate on resolving the employment relationship problem, however described.

              4. The Authority may not make a freezing order or search order as provided for in the High Court Rules 2016.

              Notes
              • Section 160(1)(c): amended, on , by section 54 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
              • Section 160(2A): inserted, on , by section 29(1) of the Employment Relations Amendment Act 2010 (2010 No 125).
              • Section 160(4): added, on , by section 29(2) of the Employment Relations Amendment Act 2010 (2010 No 125).
              • Section 160(4): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).