Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Institutions - Employment Relations Authority

176: Protection of members of Authority, etc

You could also call this:

“Members of the Employment Relations Authority are protected like judges when they do their job.”

When you’re part of the Employment Relations Authority and doing your job under this law, you get special protection. This protection is the same as what a Justice of the Peace gets when they’re working on criminal cases. You can find out more about this protection in sections 4B to 4F of the Justices of the Peace Act 1957.

It’s important to know that when the Authority is working on a case, it’s treated like a court case. This means that everyone involved - the people on the Authority, the people in the case, their representatives, and any witnesses - all get special rights and protections. These are called privileges and immunities. This helps make sure that everyone can do their job properly without worrying about getting into trouble for what they say or do during the case.

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 It might be out of date or be missing some parts.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=DLM60962.

Topics:
Crime and justice > Courts and legal help
Work and jobs > Worker rights
Previous

175: Seal of Authority, or

“The Authority's official stamp must be recognised by all courts and for everything it's used for.”

Next

177: Referral of question of law, or

“When the Authority has a tricky legal question, they can ask the court for help and wait for an answer before moving on.”

Part 10 Institutions
Employment Relations Authority

176Protection of members of Authority, etc

  1. A member of the Authority, in the performance of his or her duties under this Act, has and enjoys the same protection as a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under sections 4B to 4F of the Justices of the Peace Act 1957.

  2. For the avoidance of doubt as to the privileges and immunities of members of the Authority and of parties, representatives, and witnesses in the proceedings of the Authority, it is declared that such proceedings are judicial proceedings.

Compare
    Notes
    • Section 176(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).