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Employment Relations Act 2000

Institutions - Judges of the court

212: Court may make rules

You could also call this:

“The court can create its own rules to help it work fairly and make good decisions.”

The court can make rules to help it work properly and make decisions. You need to know that these rules must follow the Employment Relations Act 2000 and any other regulations. The court can make rules about how it works and how people take part in its proceedings.

If the court does not make its own rules about certain things, like proceedings under section 99, section 100, and section 194, it will use the rules from the High Court. These rules are used for things like torts, injunctions, and judicial review. The court will use these rules as much as it can and make any necessary changes.

The court can also use rules from the High Court for proceedings under section 142B, section 142E, section 142J, and section 142M. These rules are used for civil proceedings in the High Court. The court will use these rules as much as it can and make any necessary changes.

When the court makes rules, they are called secondary legislation, which means they are a type of law. You can find out more about secondary legislation in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61421.

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Part 10 Institutions
Judges of the court

212Court may make rules

  1. The court may from time to time make rules (not inconsistent with this Act or with any regulations made under this Act) for the purpose of regulating the practice and procedure of the court and the proceedings of parties.

  2. To the extent that the court does not make rules under subsection (1) regulating the practice and procedure of the court under—

  3. section 99 (jurisdiction of court in relation to torts); and
    1. section 100 (jurisdiction of court in relation to injunctions); and
      1. section 194 (application for review),—
          1. proceedings in the court under those sections are to be regulated by the rules applicable to proceedings founded on tort, injunctions, and judicial review in the High Court, as far as they are applicable and with all necessary modifications.

        1. To the extent that the court does not make rules under subsection (1) regulating the practice and procedure of the court under—

        2. section 142B (declarations of breach); and
          1. section 142E (pecuniary penalty orders); and
            1. section 142J (compensation orders); and
              1. section 142M (banning orders),—
                  1. proceedings in the court under those sections are to be regulated by the rules applicable to civil proceedings in the High Court, as far as they are applicable and with all necessary modifications.

                1. Rules under subsection (1) are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Compare
                • 1991 No 22 s 130
                Notes
                • Section 212(3): inserted, on , by section 26 of the Employment Relations Amendment Act 2016 (2016 No 9).
                • Section 212(4): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).