Plain language law

New Zealand law explained for everyone

Plain Language Law homepage
178: Removal to court generally
or “The Employment Relations Authority can send tricky or urgent job cases to a bigger court to decide”

You could also call this:

“A case about secret information can be moved from a work dispute board to a court”

If the Attorney-General tells the Employment Relations Authority in writing that the Crown plans to make a special information application about national security, something important happens. This application is made under section 32 of the Security Information in Proceedings Act 2022. When this happens, section 44 of that Act comes into play, but with a twist. In this case, whenever section 44 mentions the District Court, it means the Employment Relations Authority instead. And when it talks about the High Court, it’s referring to the Employment Court. This rule helps move cases involving national security information to the right court for proper handling.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.


Next up: 178A: Challenge in respect of dismissal of frivolous or vexatious proceedings

or “You can ask a court to check if your case was fairly thrown out for being silly or annoying.”

Part 10 Institutions
Employment Relations Authority

178AARemoval to court of proceeding involving national security information

  1. If the Attorney-General gives written notice to the Authority that the Crown intends to make an SI application (under section 32 of the Security Information in Proceedings Act 2022) in connection with proceedings before the Authority, section 44 of that Act applies as if a reference in that section to the District Court were a reference to the Authority and a reference to the High Court were a reference to the Employment Court.

Notes
  • Section 178AA: inserted, on , by section 90 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).