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Employment Relations Act 2000

Institutions - Employment Court

194: Application for review

You could also call this:

"Asking a court to check if a decision was fair"

If you want to apply for a review under the Judicial Review Procedure Act 2016, you must follow certain rules. You can apply for a review if you think someone has made a wrong decision using a power given to them by this Act. This includes decisions made by the Authority, an officer of the Authority or the court, an employer, a union, the Registrar of Unions, the Minister, or the chief executive.

You must make your application to the court, and the court has the power to hear and decide your application. The court's decision is final. If you have already appealed a decision, you must wait until that appeal is finished before you can apply for a review.

A Judge can give directions on how to follow the procedure in a particular case, and they can hear from anyone they think is relevant to the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM60990.

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193: Proceedings not to be questioned, or

"Court decisions are final, unless there's a very good reason to question them"

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194A: Application for review by certain employees, or

"When workers have problems with their boss's decisions, they must use special steps to solve them instead of going to court."

Part 10Institutions
Employment Court

194Application for review

  1. If any person wishes to apply for review under the Judicial Review Procedure Act 2016, or bring proceedings seeking a writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in relation to the exercise, refusal to exercise, or proposed or purported exercise by—

  2. the Authority; or
    1. an officer of the Authority or the court; or
      1. an employer, or that employer's representative; or
        1. a union, or that union's representative; or
          1. the Registrar of Unions; or
            1. the Minister; or
              1. the chief executive; or
                1. any other person—
                    1. of a statutory power or statutory power of decision (as defined by section 4 of the Judicial Review Procedure Act 2016) conferred by or under this Act or any of the provisions of sections 17 to 21, subpart 4 of Part 3, Part 4, and clauses 1 to 5 and 7 to 11 of Schedule 8 of the Public Service Act 2020 or subpart 4 of Part 6 of the Education and Training Act 2020, the provisions of subsections (2) to (4) of this section apply.

                  1. Despite any other Act or rule of law, but subject to section 184(1A), the court has full and exclusive jurisdiction to hear and determine any application or proceedings of the type referred to in subsection (1) and all such applications or proceedings must be made to or brought in the court.

                  2. Where a right of appeal (which includes, for the purposes of this subsection, the right to make an election under section 179) is conferred on any person under this Act or the Public Service Act 2020 or the Education and Training Act 2020 in respect of any matter, that person may not make an application under subsection (1) in respect of that matter unless any appeal brought by that person in the exercise of that right of appeal has first been determined.

                  3. A Judge may at any time and after hearing such persons, if any, as the Judge thinks fit, give such directions prescribing the procedure to be followed in any particular case under this section as the Judge deems expedient having regard to the exigencies of the case and the interests of justice.

                  Compare
                  • 1991 No 22 s 105
                  Notes
                  • Section 194(1): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                  • Section 194(1): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
                  • Section 194(1): amended, on , by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).
                  • Section 194(2): amended, on , by section 64 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).
                  • Section 194(3): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                  • Section 194(3): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).