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Employment Relations Act 2000

Institutions - Employment Relations Authority

173: Procedure

You could also call this:

“The Authority must follow fair rules and be reasonable when looking into work problems”

When the Employment Relations Authority is doing its job, it must follow the rules of natural justice and be reasonable because it has an investigative role. This means being fair and looking into things properly.

You should know that the Authority can use its powers even if some people aren’t there. But if someone is missing, the Authority must give them any important information it gets and let them share their thoughts on it before making a decision.

The Authority can make orders without everyone being there, but it can’t make freezing orders or search orders without following special rules from the High Court.

The Authority can meet with you and others involved in your case. These meetings can be set up by someone from the Authority. They can also change the time or place of these meetings, even at the last minute.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60957.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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172A: Reports from Inspector-General of Intelligence and Security, or

“The Employment Relations Authority must ask for and consider a special report about security clearance recommendations.”

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173A: Recommendation to parties, or

“The Authority member can suggest a solution, and if everyone agrees, it becomes the final decision.”

Part 10 Institutions
Employment Relations Authority

173Procedure

  1. The Authority, in exercising its powers and performing its functions, must—

  2. comply with the principles of natural justice; and
    1. act in a manner that is reasonable, having regard to its investigative role.

      1. The Authority may exercise its powers under section 160 in the absence of 1 or more of the parties.

      2. However, if the Authority acts under subsection (2), the Authority must provide an absent party with—

      3. any material it receives that is relevant to the case of the absent party; and
        1. an opportunity to comment on the material before the Authority takes it into account.

          1. To avoid doubt, subsections (2) and (3) do not limit the powers of the Authority to make ex parte orders (except a freezing order or search order as provided for in the High Court Rules 2016).

          2. The Authority may meet with the parties at the times and places fixed by a member of the Authority or an officer of the Authority.

          3. Meetings of the Authority may be adjourned from time to time and from place to place by a member of the Authority or an officer of the Authority designated for the purpose by the chief executive, whether at any meeting or at any time before the time fixed for the meeting.

          Notes
          • Section 173: substituted, on , by section 33 of the Employment Relations Amendment Act 2010 (2010 No 125).
          • Section 173(4): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).