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Employment Relations Act 2000

Additional provisions relating to enforcement of employment standards - Banning orders

142N: Terms of banning order

You could also call this:

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

If a court makes a banning order against you, it will stop you from doing one or more of these things:

  1. Making an employment agreement as an employer
  2. Being an officer of an employer
  3. Being involved in hiring or employing people

If you have a banning order against you, you can ask the court for permission to do something that the order doesn’t allow.

An ‘officer’ means different things depending on what type of employer it is:

  • For a company, it’s someone who is a director
  • For a partnership, it’s a partner
  • For a limited partnership, it’s a general partner
  • For other types of employers, it’s someone in a position like a company director
  • It can also be anyone in the employer’s organisation who can strongly influence how the employer is managed or run

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 It might be out of date or be missing some parts.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=DLM6803085.

Topics:
Work and jobs > Worker rights
Rights and equality > Anti-discrimination
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142M: Banning orders, or

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

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142O: Duration of banning order, or

“A ban can last up to 10 years or less if the judge says so.”

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

142NTerms of banning order

  1. If the court makes a banning order, the order must prohibit the person from doing 1 or more of the following:

  2. entering into an employment agreement as an employer:
    1. being an officer of an employer:
      1. being involved in the hiring or employment of employees.

        1. A person who is subject to a banning order may do something prohibited by the order if the person first obtains the leave of the court to do so.

        2. In this section, officer means—

        3. a person occupying the position of a director of a company if the employer is a company:
          1. a partner if the employer is a partnership:
            1. a general partner if the employer is a limited partnership:
              1. a person occupying a position comparable with that of a director of a company if the employer is not a company, partnership, or limited partnership:
                1. any other person occupying a position in the employer if the person is in a position to exercise significant influence over the management or administration of the employer.

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