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New Zealand law explained for everyone

Employment Relations Act 2000

General provisions - Transitional provisions

247: Existing proceedings

You could also call this:

“Old cases that started before this law will finish under the old rules”

If you had started a legal process before this new law came into effect, don’t worry. Your case will still be handled the same way it would have been under the old law. This means that if you had filed an application, action, appeal, or any other kind of legal matter with the Court of Appeal, Employment Court, or Employment Tribunal before this new law started, it will be finished as if the new law hadn’t been made. This rule applies to cases that were started under the Employment Contracts Act 1991 or any other law that was changed or cancelled by that Act or this new Act.

However, there are some exceptions to this rule. You should know that sections 249 to 252 of this new law might change how some of these ongoing cases are handled. These sections might have special rules for certain types of cases.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61495.

Topics:
Work and jobs > Worker rights
Crime and justice > Courts and legal help
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246: Expiration of existing collective employment contracts, or

“This law explains how workers and bosses can vote to change when their work agreement ends”

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248: Existing causes of action, or

“This explains what happens to legal problems that started before the new rules came in”

Part 11 General provisions
Transitional provisions

247Existing proceedings

  1. All applications, actions, appeals, proceedings, and other matters under any Act which, before the commencement of this section, have been made or referred under the Employment Contracts Act 1991 or any other Act amended or repealed by that Act or by this Act to the Court of Appeal or the Employment Court or the Employment Tribunal, and which have not been determined or completed at the commencement of this section are to be determined or completed by the Court of Appeal, Employment Court, or Employment Tribunal, as the case may require, as if this Act had not been passed.

  2. Subsection (1) is subject to sections 249 to 252.

Compare
  • 1991 No 22 s 182(1)