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Employment Relations Act 2000

Institutions - Employment Court

193: Proceedings not to be questioned

You could also call this:

“The Employment Court's decisions can't be questioned or changed by other courts, except in special cases.”

The Employment Court’s decisions, orders, and proceedings can’t be questioned or challenged in any other court. This means you can’t move them to another court or try to appeal against them. The only exceptions are if the court lacks jurisdiction or in specific situations outlined in sections 213, 214, 217, and 218 of the Employment Relations Act.

The court only lacks jurisdiction in three specific cases. First, if it doesn’t have the right to look into the matter in the first place. Second, if the decision or order isn’t something the court is allowed to make. Third, if the court acts in bad faith, which means it’s not being honest or fair.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60989.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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192: Application to collective agreements of law relating to contracts, or

“The court can change how workers and bosses work together without completely changing their agreement.”

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194: Application for review, or

“You can ask a judge to look at a decision made by someone in charge if you think it's not fair.”

Part 10 Institutions
Employment Court

193Proceedings not to be questioned

  1. Except on the ground of lack of jurisdiction or as provided in sections 213, 214, 217, and 218, no decision, order, or proceedings of the court are removable to any court by certiorari or otherwise, or are liable to be challenged, appealed against, reviewed, quashed, or called in question in any court.

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

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

        Compare
        • 1991 No 22 s 104(5), (6)