Employment Relations Act 2000

Institutions - Employment Relations Authority

182: Hearings

You could also call this:

“The court decides how much of your case needs to be looked at again”

When you ask for a hearing, you can choose to have a new hearing that starts from the beginning. This is called a hearing ‘de novo’. If you ask for this type of hearing, that’s what you’ll get, unless everyone agrees to something different or the court decides otherwise.

The court can only decide not to give you a new hearing if they’ve asked for a report about your case and they’re sure you didn’t try hard enough to solve the problem when the Authority was looking into it. The court will look at the report and any comments about it before making this decision.

If the court decides not to give you a new hearing, or if you didn’t ask for one in the first place, the court will tell you what kind of hearing you’ll have instead. They’ll explain what parts of your case will be talked about and how much time will be spent on each part.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60974.

Topics:
Crime and justice > Courts and legal help

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181: Report in relation to good faith, or

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


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183: Decision, or

“The final choice made by a special work court after looking at all the information again”

Part 10 Institutions
Employment Relations Authority

182Hearings

  1. Where the election states that the person making the election is seeking a hearing de novo, the hearing held pursuant to that election is to be a hearing de novo unless the parties agree otherwise or the court otherwise directs.

  2. The court may give a direction under subsection (1) only if—

  3. it has requested a report under section 181(1); and
    1. it is satisfied,—that the person making the election did not participate in the Authority's investigation of the matter in a manner that was designed to resolve the issues involved.
      1. on the basis of that report; and
        1. after having had regard to any comments submitted under section 181(5),—
        2. Where—

        3. the court gives a direction under subsection (1); or
          1. the election states that the person seeking the election is not seeking a hearing de novo,—
            1. the court must direct, in relation to the issues involved in the matter, the nature and extent of the hearing.