133AMatters Authority and court to have regard to in determining amount of penalty

1. In determining an appropriate penalty for a breach referred to in section 133, the Authority or court (as the case may be) must have regard to all relevant matters, including—

2. the object stated in section 3; and
3. the nature and extent of the breach or involvement in the breach; and
4. whether the breach was intentional, inadvertent, or negligent; and
5. the nature and extent of any loss or damage suffered by any person, or gains made or losses avoided by the person in breach or the person involved in the breach, because of the breach or involvement in the breach; and
6. whether the person in breach or the person involved in the breach has paid an amount of compensation, reparation, or restitution, or has taken other steps to avoid or mitigate any actual or potential adverse effects of the breach; and
7. the circumstances in which the breach, or involvement in the breach, took place, including the vulnerability of the employee; and
8. whether the person in breach or the person involved in the breach has previously been found by the Authority or the court in proceedings under this Act, or any other enactment, to have engaged in any similar conduct.

Notes

• Section 133A: inserted, on 1 April 2016, by section 12 of the Employment Relations Amendment Act 2016 (2016 No 9).