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Employment Relations Act 2000

Institutions - Employment Relations Authority

162: Application of law relating to contracts

You could also call this:

“The Employment Relations Authority can make decisions about work agreements just like a court can.”

When it comes to things related to employment agreements, the Employment Relations Authority can make the same kinds of orders that the High Court or District Court can make. This is based on the laws about contracts. There are two main exceptions to this rule, which you can find in sections 163 and 164.

The Authority can use different laws to make these orders. Two important ones are Part 2 of the Contract and Commercial Law Act 2017 and the Fair Trading Act 1986. These laws help the Authority decide what to do in cases about employment agreements.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60945.

Topics:
Work and jobs > Worker rights
Business > Fair trading
Government and voting > Government departments
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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.”

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163: Restriction on Authority's power in relation to collective agreements, or

“The Employment Relations Authority can't change or cancel parts of agreements made between workers and bosses.”

Part 10 Institutions
Employment Relations Authority

162Application of law relating to contracts

  1. Subject to sections 163 and 164, the Authority may, in any matter related to an employment agreement, make any order that the High Court or the District Court may make under any enactment or rule of law relating to contracts, including—

  2. Part 2 of the Contract and Commercial Law Act 2017:
    1. the Fair Trading Act 1986.

                Compare
                • 1991 No 22 s 104(1)(h)
                Notes
                • Section 162: amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
                • Section 162(a): replaced, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                • Section 162(b): replaced, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                • Section 162(c): repealed, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                • Section 162(d): repealed, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                • Section 162(e): repealed, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                • Section 162(f): repealed, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).
                • Section 162(g): repealed, on , by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).