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Employment Relations Act 2000

Institutions - Employment Relations Authority

178AA: Removal to court of proceeding involving national security information

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.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS925245.

Topics:

Crime and justice > Courts and legal help

Government and voting > Government departments

178: Removal to court generally, or

“The Employment Relations Authority can send tricky or urgent job cases to a bigger court to decide”

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

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 28 November 2023, by section 90 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).