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Employment Relations Act 2000

Institutions - Employment Relations Authority

178: Removal to court generally

You could also call this:

"When a workplace problem can be dealt with by a court instead of the Employment Relations Authority"

The Employment Relations Authority can decide to send a matter to court. You can ask the Authority to do this, or they can decide to do it on their own. The Authority might send a matter to court if it involves an important question of law, or if it is very urgent and needs to be dealt with quickly.

The Authority can also send a matter to court if the court is already dealing with a similar issue between the same parties. If the Authority thinks it would be best for the court to deal with the matter, they can send it to court. If the Authority decides not to send a matter to court, you can ask the court for special permission to have it sent to court.

The Authority or the court can set conditions for sending a matter to court. If the Authority sends a matter to court, the court can decide that it should not have been sent and order the Authority to investigate it instead. This rule does not apply to matters about the procedure the Authority is following or wants to follow.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60965.

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Part 10Institutions
Employment Relations Authority

178Removal to court generally

  1. The Authority may, on its own motion or on the application of a party to a matter, order the removal of the matter, or any part of it, to the court to hear and determine the matter without the Authority investigating it.

  2. The Authority may order the removal of the matter, or any part of it, to the court if—

  3. an important question of law is likely to arise in the matter other than incidentally; or
    1. the case is of such a nature and of such urgency that it is in the public interest that it be removed immediately to the court; or
      1. the court already has before it proceedings which are between the same parties and which involve the same or similar or related issues; or
        1. the Authority is of the opinion that in all the circumstances the court should determine the matter.

          1. Where the Authority declines to remove any matter on application under subsection (1), or a part of it, to the court, the party applying for the removal may seek the special leave of the court for an order of the court that the matter or part be removed to the court, and in any such case the court must apply the criteria set out in paragraphs (a) to (c) of subsection (2).

          2. An order for removal to the court under this section may be made subject to such conditions as the Authority or the court, as the case may be, thinks fit.

          3. Where the Authority, acting under subsection (2), orders the removal of any matter, or a part of it, to the court, the court may, if it considers that the matter or part was not properly so removed, order that the Authority investigate the matter.

          4. This section does not apply—

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

              Compare
              • 1991 No 22 s 94
              Notes
              • Section 178 heading: amended, on , by section 89 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
              • Section 178(1): substituted, on , by section 34(1) of the Employment Relations Amendment Act 2010 (2010 No 125).
              • Section 178(3): amended, on , by section 34(2) of the Employment Relations Amendment Act 2010 (2010 No 125).
              • Section 178(6): added, on , by section 58 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).