Plain language law

New Zealand law explained for everyone

Employment Relations Act 2000

Institutions - Employment Relations Authority

174E: Content of written determinations

You could also call this:

“The Authority's written decisions must explain facts, laws, and conclusions, but don't need to include all the details.”

When the Employment Relations Authority gives you a written decision, it must include certain things. The decision will tell you the important facts they found. It will also explain any legal issues they looked at. The Authority will share their conclusions about the main points they had to decide. If they are making any orders, they will clearly say what these are.

The Authority doesn’t have to do everything in their written decision. They don’t need to write down all the evidence they heard. They don’t have to summarise what you and the other people involved said. The Authority doesn’t have to explain why they believed or didn’t believe certain people or evidence. They also don’t need to describe how they investigated and decided the matter.

This rule applies when the Authority gives written decisions under section 174A(2), 174B(2), 174C(3), or 174D(2) of the Employment Relations Act.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6408308.

Topics:
Work and jobs > Worker rights
Government and voting > Government departments
Previous

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.”

Next

175: Seal of Authority, or

“The Authority's official stamp must be recognised by all courts and for everything it's used for.”

Part 10 Institutions
Employment Relations Authority

174EContent of written determinations

  1. A written determination provided by the Authority in accordance with section 174A(2), 174B(2), 174C(3), or 174D(2)—

  2. must—
    1. state relevant findings of fact; and
      1. state and explain its findings on relevant issues of law; and
        1. express its conclusions on the matters or issues it considers require determination in order to dispose of the matter; and
          1. specify what orders (if any) it is making; but
          2. need not—
            1. set out a record of all or any of the evidence heard or received; or
              1. record or summarise any submissions made by the parties; or
                1. indicate why it made, or did not make, specific findings as to the credibility of any evidence or person; or
                  1. record the process followed in investigating and determining the matter.

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