Plain language law

New Zealand law explained for everyone

Plain Language Law homepage
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.”

You could also call this:

“You could get in trouble if you don't show up or help when the Employment Court asks you to”

If you’re asked to be a witness for the Employment Court, you need to take it seriously. You can get in trouble if you don’t show up or refuse to help without a good reason. The court can fine you up to $5,000 if you do any of these things:

You don’t come to the Authority or court when they ask you to, even though you were told to come.

You don’t bring the books, papers, documents, records, or things they asked you to bring.

You refuse to promise to tell the truth (this is called being sworn in) or give evidence.

You refuse to answer questions that the Authority or court asks you about the case, even after you’ve promised to tell the truth.

But don’t worry - they can’t fine you unless they’ve offered to pay you some money first. This money is to cover your costs for coming to court. The amount they need to offer you is set out in clause 6 of Schedule 2 or clause 7 of Schedule 3 of the law.

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 It might be out of date or be missing some parts.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


Next up: 196: Application of Contempt of Court Act 2019

or “This law explains how rules about respecting the court apply to special work courts and meetings.”

Part 10 Institutions
Employment Court

195Non-attendance or refusal to co-operate

  1. Every person commits an offence, and is liable on conviction by the court to a fine not exceeding $5,000, who, after being summoned under this Act as a witness,—

  2. refuses or neglects, without sufficient cause, to attend as a witness before the Authority or the court or to produce to the Authority or the court any books, papers, documents, records, or things required by the summons to be produced; or
    1. refuses, without sufficient cause, to be sworn or to give evidence or, having been sworn, refuses to answer any question that the person is lawfully required by the Authority or the court to answer concerning the proceedings.
      1. No person summoned under this Act as a witness is liable to a fine under this Act unless there has been paid or tendered to that person in accordance with clause 6 of Schedule 2 the amount fixed under subclause (3) of that clause or in accordance with clause 7 of Schedule 3 the amount fixed under subclause (3) of that clause.

      Compare
      • 1991 No 22 s 127