Employment Relations Act 2000

Institutions - Employment Court

187: Jurisdiction of court

You could also call this:

“What the Employment Court can decide on and when you can go to it for help.”

The Employment Court has the power to make decisions on certain matters. You can go to the Employment Court to hear and determine elections under section 179 for a hearing of a matter previously determined by the Authority. The court can also hear and determine actions for the recovery of penalties under this Act.

The court has the power to hear and determine questions of law referred to it by the Authority under section 177. You can ask the court to hear and determine applications for leave to have matters before the Authority removed into the court under section 178(3). The court can hear and determine matters removed into the court under section 178 or 178AA.

The court can decide if a person is an employee within the meaning of this Act under section 6(5). You can go to the court to order compliance under section 139. The court can hear and determine proceedings for a declaration of breach, pecuniary penalty order, compensation order, or banning order under Part 9A.

The court can hear and determine proceedings founded on tort and resulting from or related to a strike or lockout. You can ask the court to hear and determine any application for an injunction of a type specified in section 100. The court can hear and determine any application for review of the type referred to in section 194 or section 237D.

The court can issue warrants under section 231. The court can exercise its powers in respect of any offence against this Act. The court can also exercise its powers under the Screen Industry Workers Act 2022.

The court does not have the power to entertain an application for summary judgment. No other court has jurisdiction in relation to any matter that is within the exclusive jurisdiction of the Employment Court, except as provided in this Act.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60982.



Part 10 Institutions
Employment Court

187Jurisdiction of court

  1. The court has exclusive jurisdiction—

  2. to hear and determine elections under section 179 for a hearing of a matter previously determined by the Authority, whether under this Act or any other Act conferring jurisdiction on the Authority:
    1. to hear and determine actions for the recovery of penalties under this Act for a breach of any provision of this Act (being a provision that provides for the penalty to be recovered in the court):
      1. to hear and determine questions of law referred to it by the Authority under section 177:
        1. to hear and determine applications for leave to have matters before the Authority removed into the court under section 178(3):
          1. to hear and determine matters removed into the court under section 178 or 178AA:
            1. to hear and determine, under section 6(5), any question whether any person is to be declared to be—
              1. an employee within the meaning of this Act; or
                1. a worker or employee within the meaning of any of the Acts referred to in section 223(1):
                2. to order compliance under section 139:
                  1. to hear and determine proceedings for a declaration of breach, pecuniary penalty order, compensation order, or banning order under Part 9A:
                    1. to hear and determine proceedings founded on tort and resulting from or related to a strike or lockout:
                      1. to hear and determine any application for an injunction of a type specified in section 100:
                        1. to hear and determine any application for review of the type referred to in section 194:
                          1. to issue warrants under section 231:
                            1. to hear and determine any application for review of the type referred to in section 237D:
                              1. to exercise its powers in respect of any offence against this Act:
                                1. to exercise such other functions and powers as are conferred on it by this or any other Act, including the Screen Industry Workers Act 2022.
                                  1. The court does not have jurisdiction to entertain an application for summary judgment.

                                  2. Except as provided in this Act, no other court has jurisdiction in relation to any matter that, under subsection (1), is within the exclusive jurisdiction of the court.

                                  Compare
                                  • 1991 No 22 s 104(1)(a), (c), (d), (e), (j), (l), (m), (n), (o)
                                  Notes
                                  • Section 187(1)(e): amended, on , by section 91 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).
                                  • Section 187(1)(ga): inserted, on , by section 23 of the Employment Relations Amendment Act 2016 (2016 No 9).
                                  • Section 187(1)(ka): inserted, on , by section 5 of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).
                                  • Section 187(1)(m): amended, on , by section 105 of the Screen Industry Workers Act 2022 (2022 No 52).