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Employment Relations Act 2000

Institutions - Employment Relations Authority

174C: Authority may reserve determination

You could also call this:

“The Authority can take extra time to make a decision if it needs to think about it more”

The Employment Relations Authority can choose to delay making a decision on a matter if there are good reasons why it’s not practical to give an oral decision or initial findings at the end of the investigation meeting.

If the Authority decides to delay its decision, it can ask the parties or anyone else for more evidence or information before writing its final decision.

When the Authority delays its decision, it must give a written decision as soon as possible. This should be no later than 3 months after the investigation meeting ended or 3 months after they received the last piece of evidence or information, whichever is later.

In special cases, the Chief of the Authority can allow the written decision to be given even later than these timeframes if there are exceptional circumstances.

You can find more information about the Authority’s decision-making process in section 174 of this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6407621.

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174B: Oral indication of preliminary findings, or

“The judge tells you what they think about your case before making a final decision.”

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174D: Authority may determine matter without holding investigation meeting, or

“The Authority can decide on a case without having a meeting, as long as they write down their decision quickly.”

Part 10 Institutions
Employment Relations Authority

174CAuthority may reserve determination

  1. Despite section 174, the Authority may reserve its determination of a matter if it is satisfied that there are good reasons as to why it is not practicable for it to provide an oral determination or an oral indication of its preliminary findings at the conclusion of the investigation meeting.

  2. If the Authority reserves its determination of a matter under subsection (1), it may, before providing a written determination of its findings in accordance with subsection (3), require the parties or any other person to provide any further evidence or information that the Authority thinks fit.

  3. If the Authority reserves its determination of a matter under subsection (1), it must provide a written determination of its findings as soon as practicable and not later than the later of the following dates:

  4. the day that is 3 months after the date on which the investigation meeting concluded; and
    1. the day that is 3 months after the date on which the Authority received the last evidence or information from the parties or any other person.

      1. However, the Authority may provide a written determination of its findings later than the latest date specified in subsection (3) if the Chief of the Authority decides exceptional circumstances exist.

      Notes
      • Section 174C: inserted, on , by section 69 of the Employment Relations Amendment Act 2014 (2014 No 61).