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Employment Relations Act 2000

Institutions - Employment Relations Authority

176: Protection of members of Authority, etc

You could also call this:

"Keeping Authority members safe while they work"

When you are a member of the Employment Relations Authority, you have protection when doing your job under this Act. You have the same protection as a Justice of the Peace has when they are working on criminal cases, as stated in sections 4B to 4F of the Justices of the Peace Act 1957. This protection is in place to help you do your job safely and fairly.

When the Authority is hearing a case, it is like a court hearing, so it is considered a judicial proceeding. This means that the people involved, including members of the Authority, parties, representatives, and witnesses, have certain privileges and immunities.

You should know that the Authority's proceedings are treated in the same way as court proceedings, which helps to ensure that everything is done properly and fairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60962.

Topics:
Work and jobs > Worker rightsCrime and justice > Courts and legal help
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"The Authority's Official Stamp"

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177: Referral of question of law, or

"Asking the court for help with a law question during an Employment Relations Authority investigation"

Part 10Institutions
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
  • 1991 No 22 s 92
Notes
  • Section 176(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).