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Employment Relations Act 2000

Institutions - Employment Relations Authority

181: Report in relation to good faith

You could also call this:

“The authority tells the court how well people worked together and followed the rules during their investigation.”

If you ask for a new hearing, the Employment Relations Authority might need to write a report for the court. This report will talk about how well you and the other people involved worked with the Authority during their investigation. The Authority will look at whether you helped or got in the way of their work, and if you treated each other fairly.

The court can ask for this report if they think someone might not have tried their best to solve the problem during the Authority’s investigation. Before sending the report to the court, the Authority will let everyone involved read a draft and write comments about it. If you write comments, you must also give a copy to everyone else involved right away.

When the Authority sends the final report to the court, they will include any comments that people wrote about it. This helps make sure that everyone’s views are heard.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60973.

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Part 10 Institutions
Employment Relations Authority

181Report in relation to good faith

  1. Where the election states that the person making the election is seeking a hearing de novo, the Authority must, if the court so requests, as soon as practicable, submit to the court a written report giving the Authority's assessment of the extent to which the parties involved in the investigation have—

  2. facilitated rather than obstructed the Authority's investigation; and
    1. acted in good faith towards each other during the investigation.

      1. The court may request a report under subsection (1) only where the court considers, on the basis of the determination made by the Authority under section 174A(2), 174B(2), 174C(3), or 174D(2), that any party may not have participated in the Authority's investigation of the matter in a manner that was designed to resolve the issues involved.

      2. The Authority must, before submitting the report to the court, give each party to the proceedings a reasonable opportunity to supply to the Authority written comments on the draft report.

      3. A party who supplies written comments to the Authority under subsection (3) must, immediately after doing so, serve a copy of those comments on each other party to the proceedings.

      4. The Authority must, in submitting the final report to the court, submit with it any written comments received from any party.

      Notes
      • Section 181(2): amended, on , by section 71 of the Employment Relations Amendment Act 2014 (2014 No 61).