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Employment Relations Act 2000

Institutions - Employment Relations Authority

177: Referral of question of law

You could also call this:

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

When you are involved in an investigation with the Employment Relations Authority, a question about the law might come up. The Authority can send this question to the court to get its opinion on the matter. The Authority will then wait for the court's opinion before continuing with the investigation.

The Authority must ask the court for its opinion in a specific way. The court will give the Authority its opinion on the question of law. The Authority will then continue its investigation based on what the court says.

There are some questions that the Authority cannot send to the court, such as questions about the steps the Authority is taking or will take during the investigation. This includes questions about whether the Authority can follow a particular procedure or not. You can find more information about changes to this law by looking at the Employment Relations Amendment Act (No 2) 2004.

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Part 10Institutions
Employment Relations Authority

177Referral of question of law

  1. The Authority may, where a question of law arises during an investigation,—

  2. refer that question of law to the court for its opinion; and
    1. delay the investigation until it receives the court's opinion on that question.

      1. Every reference under subsection (1) must be made in the prescribed manner.

      2. The court must provide the Authority with its opinion on the question of law and the Authority must then continue its investigation in accordance with that opinion.

      3. Subsection (1) does not apply—

      4. to a question about the procedure that the Authority has followed, is following, or is intending to follow; and
        1. without limiting paragraph (a), to a question about whether the Authority may follow or adopt a particular procedure.

          Compare
          • 1991 No 22 s 93
          Notes
          • Section 177(4): added, on , by section 57 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).