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183: Decision
or “The final choice made by a special work court after looking at all the information again”
You could also call this:

“You can't take most decisions made by the Employment Relations Authority to another court unless they made a big mistake.”

You can’t take decisions, orders, or proceedings of the Employment Relations Authority to other courts, except in two cases. The first case is if the Authority doesn’t have the power to make the decision. The second case is if the decision is challenged under section 179 of this Act.

You can only start a review of an Authority matter in court if three things have happened:

  1. The Authority has made a decision on all parts of the matter between the people involved.
  2. If it applies, you have challenged the decision under section 179 of this Act.
  3. The court has made a decision about your challenge under section 183 of this Act.

The Authority only lacks power to make a decision in three situations:

  1. If it shouldn’t have started looking into the matter in the first place.
  2. If the decision it made isn’t the kind it’s allowed to make.
  3. If the Authority acts in bad faith, which means it’s not being honest or fair.

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Next up: 185: Staff of Authority

or “The Employment Relations Authority gets helpers from the government to do its job.”
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Part 10 Institutions
Employment Relations Authority

184Restriction on review

  1. Except on the ground of lack of jurisdiction or as provided in section 179, no determination, order, or proceedings of the Authority are removable to any court by way of certiorari or otherwise, or are liable to be challenged, appealed against, reviewed, quashed, or called in question in any court.

  2. No review proceedings under section 194 may be initiated in relation to any matter before the Authority unless—

  3. the Authority has issued a determination under section 174A(2), 174B(2), 174C(3), or 174D(2) (as the case may be) on all matters relating to the subject of the review application between the parties to the matter; and
    1. (if applicable) the party initiating the review proceedings has challenged the determination under section 179; and
      1. the court has made a decision on the challenge under section 183.

        1. For the purposes of subsection (1), the Authority suffers from lack of jurisdiction only where,—

        2. in the narrow and original sense of the term jurisdiction, it has no entitlement to enter upon the inquiry in question; or
          1. the determination or order is outside the classes of determinations or orders which the Authority is authorised to make; or
            1. the Authority acts in bad faith.

              Notes
              • Section 184(1A): inserted, on , by section 62 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
              • Section 184(1A)(a): amended, on , by section 72 of the Employment Relations Amendment Act 2014 (2014 No 61).