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Employment Relations Act 2000

Additional provisions relating to enforcement of employment standards - Banning orders

142M: Banning orders

You could also call this:

“Rules about stopping people from working if they break employment laws”

The court can make a banning order against you in three situations. First, if the court has declared that you have breached employment standards. Second, if the court believes you have repeatedly broken employment standards or been involved in breaking them. Third, if you have been found guilty of employing people who are not allowed to work in New Zealand.

A Labour Inspector or an immigration officer can ask the court to make a banning order against you.

If you have broken employment standards in the past, it won’t count as persistent breaching if you were able to prove you had a good reason for it, as explained in other parts of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6803084.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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142L: Terms of compensation orders, or

“This explains how a court can decide to give money to workers who have been treated unfairly at work.”

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142N: Terms of banning order, or

“A banning order tells someone what they can't do as an employer or boss”

Part 9A Additional provisions relating to enforcement of employment standards
Banning orders

142MBanning orders

  1. The court may make a banning order against a person if—

  2. the court has made a declaration of breach in respect of the person; or
    1. the court is satisfied that the person has persistently breached, or persistently been involved in the breach of, 1 or more employment standards; or
      1. the person has been convicted of an offence under section 351 of the Immigration Act 2009.

        1. The persons who may apply for a banning order are—

        2. a Labour Inspector:
          1. an immigration officer under the Immigration Act 2009.

            1. For the purposes of subsection (1)(b), a past breach is not evidence that a person has persistently breached, or persistently been involved in the breach of, 1 or more employment standards if the person concerned established a defence under section 142ZC or 142ZD (as the case may be) in relation to that past breach.

            Notes
            • Section 142M: inserted, on , by section 19 of the Employment Relations Amendment Act 2016 (2016 No 9).