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Employment Relations Act 2000

Institutions - Employment Court

190: Application of other provisions

You could also call this:

“The special court for job issues can use rules from other courts to help solve problems.”

The Employment Court has special powers to help it do its job. These powers are in addition to the ones it already has from this law and other laws. The court can use the same powers that the Employment Relations Authority has in sections 162 and 164.

When the court uses these powers, it’s as if the words in those sections have been changed a bit. Instead of saying “Authority”, it says “court”. And instead of saying “member”, it says “Judge”. Any other small changes needed are also made so that these powers work for the court.

The Employment Court also has some powers that are the same as the High Court. It can make a freezing order and a search order. These are special legal tools that the court can use. The rules for how these orders work are found in the High Court Rules 2016.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60986.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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189: Equity and good conscience, or

“The court makes fair decisions based on what's right and just, not just strict legal rules.”

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191: Other provisions relating to proceedings of court, or

“Rules about how the Employment Court works and what it can do”

Part 10 Institutions
Employment Court

190Application of other provisions

  1. The court has, in relation to matters within its jurisdiction, and in addition to the powers specifically conferred on it by this Act or any other Act, the powers conferred on the Authority by sections 162 and 164.

  2. For the purposes of subsection (1), sections 162 and 164 apply, in relation to the court,—

  3. as if, for the word Authority, there were substituted the word court; and
    1. as if, for the word member, there were substituted the word Judge; and
      1. with all other necessary modifications.

        1. In addition to the powers described in subsection (1), the court has the same powers of the High Court to make a freezing order and a search order as provided for in the High Court Rules 2016.

        Notes
        • Section 190(3): added, on , by section 36 of the Employment Relations Amendment Act 2010 (2010 No 125).
        • Section 190(3): amended, on , by section 183(c) of the Senior Courts Act 2016 (2016 No 48).