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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:

"What is a banning order: a court order to stop you employing people if you broke employment rules"

The court can make a banning order against you if you have done something wrong with employment standards. This can happen if the court has already said you broke the rules, or if you have broken the rules many times. You can also get a banning order if you have been convicted of an offence under section 351 of the Immigration Act 2009.

A Labour Inspector or an immigration officer under the Immigration Act 2009 can ask the court for a banning order against you.

If you have broken the rules in the past, it does not always mean you will get a banning order. If you can prove you had a good reason for breaking the rules, under section 142ZC or section 142ZD, then the court will not use that against you.

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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.

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Part 9AAdditional 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).