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Employment Relations Act 2000

Strikes and lockouts - Notice of strike or lockout

86A: Notice of strike

You could also call this:

"Telling your employer you plan to go on strike"

If you want to go on strike, you must follow some rules. You can only strike if it is lawful under section 83 or 84. You must give your employer and the chief executive notice of your intention to strike. You must give this notice before the strike starts. The notice must be in writing and include information like when the strike will start and end.

The notice must say what kind of strike it will be and where it will happen. It must also be signed by a representative of your union. If the notice has small mistakes, it is still valid.

This rule does not apply if you need to follow other rules, like those in section 90, 93, or section 589 of the Education and Training Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6406628.

Topics:
Work and jobs > Worker rights
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86: Unlawful strikes or lockouts, or

"When strikes or lockouts are against the law"

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86B: Notice of lockout, or

"An employer must tell workers and the government before stopping them from working"

Part 8Strikes and lockouts
Notice of strike or lockout

86ANotice of strike

  1. No employees may strike—

  2. unless participation in the strike is lawful under section 83 or 84; and
    1. without having given to the employees' employer and to the chief executive notice of the employees' intention to strike; and
      1. before the date and time specified in the notice as the date and time on which the strike will begin.

        1. The notice required under subsection (1) must—

        2. be in writing; and
          1. specify the following information:
            1. the period of notice given; and
              1. the nature of the proposed strike, including—
                1. whether or not the proposed action will be continuous; and
                  1. whether or not the employees will continue to perform some work for their employer while undertaking the proposed action; and
                  2. the place or places where the proposed strike will occur; and
                    1. the date and time on which the strike will begin; and
                      1. the date and time on which, or an event on the occurrence of which, the strike will end.

                      2. The notice—

                      3. must be signed by a representative of the employees' union on the employees' behalf:
                        1. need not specify the names of the employees on whose behalf it is given if it is expressed to be given on behalf of all employees who—
                          1. are members of a union that is a party to the bargaining; and
                            1. are covered by the bargaining; and
                              1. are employed in the relevant part of the workplace or at any particular place or places where the work is carried on.

                              2. An omission or error in any information specified under subsection (2)(b) or a failure to comply with subsection (3)(a) does not affect the validity of the notice if the omission, error, or failure is minor and technical only.

                              3. To avoid doubt, this section does not apply if notice is required under any of the following provisions:

                              4. section 90 (strikes in essential services):
                                1. section 93 (procedure to provide public with notice before strike in certain passenger transport services):
                                  1. section 589 of the Education and Training Act 2020 (strikes in schools to be notified).

                                    Notes
                                    • Section 86A: inserted, on , by section 55 of the Employment Relations Amendment Act 2014 (2014 No 61).
                                    • Section 86A(2)(b)(ii): replaced, on , by section 6 of the Employment Relations (Pay Deductions for Partial Strikes) Amendment Act 2025 (2025 No 35).
                                    • Section 86A(3A): inserted, on , by section 28 of the Employment Relations Amendment Act 2018 (2018 No 53).
                                    • Section 86A(4)(c): amended, on , by section 668 of the Education and Training Act 2020 (2020 No 38).