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Employment Relations Act 2000

General provisions - Powers

229A: Investigating question of employment

You could also call this:

“This law lets Labour Inspectors check if a place is a workplace and if people working there are employees or employers.”

If you’re a Labour Inspector, you can investigate whether a place is a workplace, if someone doing work is an employee, or if someone who has work done for them is an employer. You can do this to help you do your job under certain laws.

When you’re investigating these things, you can use special powers. You can go into places where you think work is happening. You can talk to people who are there. When you’re doing this, ‘employee’ means anyone who does work, and ‘employer’ means anyone who has work done for them.

You can also look at records or documents that you think might help you figure out if a place is a workplace, if someone is an employee, or if someone is an employer.

If someone who has work done for them doesn’t help you look at these records or documents when you ask, and they don’t have a good reason why not, they might have to pay a penalty. A Labour Inspector can ask the Employment Relations Authority to decide on this penalty.

Remember, when you’re using these powers, you need to follow the rules in section 229 and sections 230 to 233.

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 It might be out of date or be missing some parts.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=LMS304766.

Topics:
Work and jobs > Worker rights
Government and voting > Government departments
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229: Powers of Labour Inspectors, or

“Labour inspectors can check workplaces, talk to people, look at records, and ask questions to make sure employers follow the rules.”

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230: Entry of dwellinghouses, or

“Rules about when officials can go into someone's home for work reasons”

Part 11 General provisions
Powers

229AInvestigating question of employment

  1. For the purpose of performing the Labour Inspector’s functions and duties under any Act specified in section 223(1), a Labour Inspector may, subject to sections 229(5), (5A), and (6) and 230 to 233, also exercise any of the powers under section 229 to investigate whether—

  2. any place is a workplace; or
    1. any person performing work is an employee (as distinct, for example, from an independent contractor or a volunteer); or
      1. any person for whom work is being performed is an employer.

        1. In relation to the exercise of those powers in such an investigation, section 229 is to be read with any appropriate modifications, including that—

        2. the power of entry under section 229(1)(a) applies with respect to any premises where the Labour Inspector has reasonable grounds to believe work is being performed; and
          1. the power to interview under section 229(1)(b) applies with respect to any person present in such premises; and
            1. employee, except in the reference in section 229(1)(a) to any other employee of the department, includes any person who performs work; and
              1. employer includes any person for whom work is performed; and
                1. the powers under section 229(1)(c) and (d) apply with respect to any record or document that the Labour Inspector reasonably believes may assist in determining a matter referred to in subsection (1)(a) to (c).

                  1. Every person for whom work is performed and who, without reasonable cause, fails to comply with any requirement made of that person under section 229(1)(c) or (d) as modified by subsection (2)(e) is liable, in an action brought by a Labour Inspector, to a penalty under this Act imposed by the Authority.

                  Notes
                  • Section 229A: inserted, on , by section 5 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).