This page contains different parts of laws about Worker rights.
10: Earnings as an employee: payments to spouse or partner
11: Earnings as an employee: what it does not include
12: Earnings as an employee: Work Account levy payable under section 168
13: Earnings of private domestic workers
14: Earnings as a self-employed person
15: Earnings as a shareholder-employee
28: Work-related personal injury
30: Personal injury caused by work-related gradual process, disease, or infection
37: Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection
61: Decision on claim for noise-induced hearing loss caused by work-related gradual process
71: Employer's obligations in relation to rehabilitation
75: Corporation to determine need for rehabilitation plan
77: Assessment of needs and content of plan
80: Purpose of vocational rehabilitation
85: Corporation liable to provide vocational rehabilitation
86: Matters to be considered in deciding whether to provide vocational rehabilitation
87: Further matters to be considered in deciding whether to provide vocational rehabilitation
88: Vocational rehabilitation may start or resume if circumstances change
89: Assessment of claimant's vocational rehabilitation needs
91: Conduct of initial occupational assessment
92: Report on initial occupational assessment
93: Medical assessor
94: Assessments when medical assessor unavailable
96: Report on initial medical assessment
97: Employee's right to receive first week compensation
98: Employer's duty to pay first week compensation
99: First week compensation is salary or wages for certain purposes
100: Entitlement to weekly compensation depends on claimant's incapacity for employment and vocational independence
101: Procedures for determining incapacity for employment and vocational independence
102: Procedure in determining incapacity under section 103 or section 105
103: Corporation to determine incapacity of claimant who, at time of personal injury, was earner, on unpaid parental leave, or recuperating organ donor
104: Effect of determination under section 103 on entitlement to weekly compensation
105: Corporation to determine incapacity of certain claimants who, at time of incapacity, had ceased to be in employment, were potential earners, or had purchased weekly compensation under section 223
106: Effect of determination under section 105 on entitlement to weekly compensation
107: Corporation to determine vocational independence
108: Assessment of claimant's vocational independence
109: When claimant's vocational independence to be assessed
110: Notice to claimant in relation to assessment of vocational independence
111: How determination that claimant has vocational independence is to be regarded
112: Claimant with vocational independence loses entitlement to weekly compensation
113: Claimant who no longer has vocational independence regains entitlement to weekly compensation
118: Disentitlement because proceedings brought: personal injury caused by work-related gradual process, disease, or infection
167: Application and source of funds
168B: Self-employed persons to pay levies
169A: Limit on offsets in case of earnings as self-employed person
171: Classification of self-employed persons and employees engaged in 2 or more activities
172: Work Account levy not payable on earnings of employee over specified maximum
182: Objectives of sections 181 to 189
184: Accreditation agreements
187: Accredited employers to provide entitlements
188: Monitoring and audit
189: Reporting and information
190: Purchase of weekly compensation by shareholder-employees
191: Effect on Work Account levy
196: Classification of employees engaged in 2 or more activities
197: Classification of self-employed persons engaged in 2 or more activities
202: Self-employed persons to pay levies
204: Limit on offsets in case of earnings as self-employed person
206: Classification of self-employed persons engaged in 2 or more activities
207: Self-employed Work Account levy not payable on earnings over specified maximum
208: Purchase of weekly compensation by self-employed persons
209: Procedure for reaching agreement
210: Effect of agreement
211: Levies for self-employed persons who purchase weekly compensation
212: Earner levies for self-employed persons who purchase weekly compensation
219: Earners to pay levies
221: Collection of levies by deduction from employee earnings
222: Payment of Earners' Account levy by self-employed persons
223: Persons eligible to purchase weekly compensation
225: Levies for persons who purchase weekly compensation
226: Resumption of employment by persons who purchased weekly compensation
231: Mixed earnings as employee and self-employed person
235: Collection of levies from self-employed and employers
30J: Application of certain Acts to accredited persons
298: Work-related gradual process, disease, or infection involving exposure before 1 April 2002
306: Sick leave may be used when employer not liable for first week compensation
310: Offence not to provide earnings information to Corporation
316: Offences in relation to deductions
317: Proceedings for personal injury
318: Proceedings for personal injury caused by work-related gradual process, disease, or infection
341: Interpretation
346: Amendments to 1998 Act
361: Exclusion of cover for personal injury caused by work-related gradual process, disease, or infection if events before 1 April 1974 and death before 1 July 1992
362: First week compensation for incapacity commencing before 1 April 2002
366: Weekly earnings of certain claimants increased
367: Multiple employment
369: Cessation of weekly compensation under any former Act because of capacity for work
375: Compensation payable outside New Zealand for pecuniary loss not related to earnings under 1982 Act: attendant care
389: Disentitling sections apply
390: Corporation may revise decisions
394: Accredited employers under Accident Rehabilitation and Compensation Insurance Act 1992
Schedule 4: Deductions on account of earner levies
Schedule 8: Orders and regulations revoked
69AA: Object of this Part
69AAA: Interpretation
69AAB: When employee may make request
69AAC: Requirements relating to request
69AAD: Limitation on frequency of requests
69AAE: Employer must notify decision as soon as possible
69AAF: Grounds for refusal of request by employer
69AAG: Role of Labour Inspector
69AAH: Labour Inspectors and mediation
69AAI: Application to Authority
69AAJ: Penalty
69AAK: Limitation on challenging employer
69AAL: Review of operation of Part after 2 years
179B: Limitations on consideration by Employment Court of matters arising under Part 6AA or 6AB
73: Currency and nature of permanent resident visa
277: Powers of entry and inspection relating to records of employers
304: Disclosure of information to employers
350: Offences by employers
351: Exploitation of unlawful employees and temporary workers
357: Penalties: employers
361: Immigration officer may require information
456: Offences by employers
CE 6: Trusts are nominees
CE 7: Meaning of employee share scheme
CW 24: Deferred military pay for active service
CW 34: Compensation payments
CW 45: Funeral trusts
CX 29: Entertainment
CX 34: Meaning of emergency call
DB 48: Restrictive covenant breached
DB 51: Adjustment for deferred payment of employment income
DC 1: Lump sum payments on retirement
DC 2: Pension payments to former employees
DC 11: Transfers of employment income obligations to associates
EA 4: Deferred payment of employment income
EF 3: Accident compensation levies and premiums
EX 38: Exemptions for employee share schemes
GB 23: Excessive remuneration to relatives
GB 28: Interpretation of terms used in section GB 27
HD 27: Employers
MD 8: Fourth requirement: person not receiving benefit
RA 5: Tax obligations for employment-related taxes
RD 34: Employment-related loans: value using prescribed interest rates
RD 42: Goods at staff discount
RD 43: Goods on special with staff discount
RD 47: Attribution of certain fringe benefits
RP 6: Operation of PAYE intermediaries’ trust accounts
RP 11: Employer's superannuation cash contributions
RP 12: When payments made directly to employees
110A: Adverse conduct for prohibited health and safety reason
100F: Code of good faith for employment relationships in relation to provision of services by New Zealand Police
100G: Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police
Schedule 1C: Code of good faith for employment relationships in relation to provision of services by Police
MK 16: Private domestic workers
Schedule 28: Requirements for complying fund rules
42: Chief executive
48: Further provisions of Schedule 7
59: Principal objective of council-controlled organisation
296: Chief executive
297: Members of Commission
305: Local Authorities (Employment Protection) Act 1963
312: Savings and validation in respect of remuneration, allowances, and expenses of elected members
67A: Employment agreement may contain provision for trial period for 90 days or less
67B: Effect of trial provision under section 67A
69X: Interpretation
69Y: Employer's obligation
69Z: Breastfeeding breaks additional to breaks under Part 6D
69ZA: Code of employment practice relating to employer's obligation
69ZB: Penalty
69ZC: Interpretation
69ZD: Employee’s entitlement to, and employer’s duty to provide, rest breaks and meal breaks
69ZE: Timing of rest breaks and meal breaks
69ZF: Penalty
69ZG: Relationship between Part and employment agreements
69ZH: Relationship between this Part and other enactments
477: New section 141ABA inserted
CW 17C: Payments for overtime meals and certain other allowances
171: Offence to prejudice employees because of financial support liability
137: Transferred employees
138: Government Superannuation Fund
LD 8: Meaning and ranking of payroll donation
74: Restrictions on doing or assisting with prescribed electrical work
77: Exemption for trainees
79: Exemption for domestic electrical wiring work
81: Board may cancel application of exemption to any person
117: Prescribed electrical work may be done under employer licence
125: Registrar must enter matters in register
172ZC: Levy of industry participants
97: Registration subject to terms and conditions
108: Competence programmes
109: Unsatisfactory results of competence programme
111: Effect of suspension
113: Cancellation or suspension of overseas qualification, certificate, registration, or licence
147J: Form of interim suspension or disqualification order
147L: Board must take reasonable steps to hold hearing as soon as practicable if it makes interim suspension or disqualification order
147M: Disciplinary powers of Board
147ZB: Time for lodging appeal
206: Chief executive must supply warrant
325: Witnesses' fees, allowances, and expenses
386: Liability of principal for acts of agents
417: No compensation for loss of office
421: Restriction of compensation for technical redundancy
163: Offence to prejudice employees because of student loan repayment liability
132: Exercise of powers in relation to employees
239Y: Effect on employees
74: Transfer of employees
153: Duty of employers to provide necessaries
20A: Representative of union must obtain consent to enter workplace
134A: Penalty for obstructing or delaying Authority investigation
148A: Certain entitlements may be subject to mediation and agreed terms of settlement
149A: Recommendation to parties
166A: Role of Chief of Authority
223D: Labour Inspector may issue improvement notice
223C: Enforcement of undertakings
159A: Duty of Authority to prioritise previously mediated matters
173A: Recommendation to parties
178A: Challenge in respect of dismissal of frivolous or vexatious proceedings
223A: Functions of Labour Inspector
223B: Enforceable undertakings
223E: Objection to improvement notice
223F: Penalty
223G: Withdrawal of improvement notice
113K: Employees
258V: Remuneration and expenses of Ministerial appointees
82A: Requirement for union to hold secret ballot before strike
82B: Terms of question for secret ballot
82C: When requirement for secret ballot does not apply
41A: Role and powers of mayors
2: Commencement
3: Object of this Act
4: Parties to employment relationship to deal with each other in good faith
4A: Penalty for certain breaches of duty of good faith
5: Interpretation
6: Meaning of employee
6A: Status of examples
7: Object of this Part
8: Voluntary membership of unions
9: Prohibition on preference
10: Contracts, agreements, or other arrangements inconsistent with section 8 or section 9
11: Undue influence
12: Object of this Part
13: Application by society to register as union
14: When society entitled to be registered as union
15: Registration of society as union
16: Annual return of members
17: Cancellation of union's registration
18: Union entitled to represent members' interests
19: Workplace does not include dwellinghouse
20: Access to workplaces
21: Conditions relating to access to workplaces
22: When access to workplaces may be denied
23: When access to workplaces may be denied on religious grounds
24: Issue of certificate of exemption
25: Penalty for certain acts in relation to entering workplace
26: Union meetings
27: Registrar of Unions
28: Registrar of Unions may seek directions of Authority
29: Persons who have standing in proceedings relating to unions
30: Offence to mislead Registrar
31: Object of this Part
32: Good faith in bargaining for collective agreement
33: Duty of good faith requires parties to conclude collective agreement unless genuine reason not to
34: Providing information in bargaining for collective agreement
35: Codes of good faith
36: Appointment of committee to recommend codes of good faith
37: Minister may approve code of good faith not recommended by committee
38: Amendment and revocation of code of good faith
39: Authority or court may have regard to code of good faith
40: Who may initiate bargaining
41: When bargaining may be initiated
42: How bargaining initiated
43: Employees' attention to be drawn to initiation of bargaining
44: When bargaining initiated
45: One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement
46: Terms of question for secret ballot
47: When secret ballots required after employer initiates bargaining for single collective agreement
48: When requirement for secret ballot does not apply
49: Parties joining bargaining after it begins
50: Consolidation of bargaining
50A: Purpose of facilitating collective bargaining
50B: Reference to Authority
50C: Grounds on which Authority may accept reference
50D: Limitation on which member of Authority may provide facilitation
50E: Process of facilitation
50F: Statements made by parties during facilitation
50G: Proposals made or positions reached during facilitation
50H: Recommendation by Authority
50I: Party must deal with Authority in good faith
50J: Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining
51: Ratification of collective agreement
52: When collective agreement comes into force and expires
53: Continuation of collective agreement after specified expiry date
54: Form and content of collective agreement
55: Deduction of union fees
56: Application of collective agreement
56A: Application of collective agreement to subsequent parties
57: Employee bound by only 1 collective agreement in respect of same work
58: Employee who resigns as member of union but does not resign as employee
59: Copy of collective agreement to be delivered to chief executive
59A: Interpretation
59B: Breach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement
59C: Breach of duty of good faith to pass on, in certain circumstances, in collective agreement provisions agreed in other collective bargaining or another collective agreement
60: Object of this Part
60A: Good faith in bargaining for individual employment agreement
61: Employee bound by applicable collective agreement may agree to additional terms and conditions of employment
62: Terms and conditions for first 30 days of employment of new employee who is not member of union
63: Terms and conditions of employment of new employee who is not member of union
63A: Bargaining for individual employment agreement or individual terms and conditions in employment agreement
64: Employer must retain copy of individual employment agreement or individual terms and conditions of employment
65: Form and content of individual employment agreement
65A: Deduction of union fees
66: Fixed term employment
67: Probationary arrangements
68: Unfair bargaining for individual employment agreements
69: Remedies for unfair bargaining
69A: Object of this subpart
69B: Interpretation
69C: Meaning of contracting in, contracting out, and subsequent contracting
69D: Meaning of new employer
69E: Examples of contracting in, contracting out, and subsequent contracting
69F: Application of this subpart
69G: Notice of right to make election
69H: Employee bargaining for alternative arrangements
69I: Employee may elect to transfer to new employer
69J: Employment of employee who elects to transfer to new employer treated as continuous
69K: Terms and conditions of employment of transferring employee under fixed term employment
69L: Agreements excluding entitlements for technical redundancy not affected
69M: New employer becomes party to collective agreement that binds employee electing to transfer
69N: Employee who transfers may bargain for redundancy entitlements with new employer
69O: Authority may investigate bargaining and determine redundancy entitlements
69OA: Object of this subpart
69OB: Interpretation
69OC: Disclosure of employee transfer costs information
69OD: Provision of employee transfer costs information by other persons
69OE: Updating disclosure of employee transfer costs information
69OG: Subpart prevails over agreement
69OH: Object of this subpart
69OI: Interpretation
4: Transitional, savings, and related provisions
15: Part 3 does not apply to prisoners
16: Interpretation
17: Meaning of PCBU
19: Meaning of worker
22: Meaning of reasonably practicable
25: Meaning of notifiable event
26: Status of examples
27: PCBU must not levy workers
28: No contracting out
36: Primary duty of care
40: Duty of PCBU who manufactures plant, substances, or structures
41: Duty of PCBU who imports plant, substances, or structures
43: Duty of PCBU who installs, constructs, or commissions plant or structures
44: Duty of officers
45: Duties of workers
46: Duties of other persons at workplace
47: Offence of reckless conduct in respect of duty
48: Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness
49: Offence of failing to comply with duty
50: Liability of officers
51: Liability of volunteers
53: Actions taken to prevent harm
54: Proof of intention not required for certain offences
58: Duty to engage with workers
59: Nature of engagement
60: When engagement is required
61: Duty to have worker participation practices
62: Election of health and safety representatives
64: Determination of work groups
68: Further provisions relating to mining sector
69: Provisional improvement notices
70: Training requirements relating to issue of provisional improvement notice
71: Requirements relating to provisional improvement notices
72: Provisional improvement notice may include recommendations to remedy contravention
73: Minor changes to provisional improvement notice
74: Issue of provisional improvement notice
76: Display of provisional improvement notice
77: Irregularities or defects in notice
78: Offence relating to breach of provisional improvement notice
79: Review of provisional improvement notice
80: Regulator must ensure inspector reviews notice
81: Decision of inspector on review of provisional improvement notice
82: Meaning of cease work
83: Right of worker to cease or refuse to carry out unsafe work
84: Health and safety representative may direct unsafe work to cease
86: Alternative work
87: Regulator may assist to resolve issues relating to cessation of work
88: Meaning of adverse conduct
89: Meaning of prohibited health and safety reason
90: Prohibition on adverse conduct
91: Prohibition on requesting, instructing, inducing, encouraging, authorising, or assisting adverse conduct
92: Prohibition on coercion or inducement
93: Misrepresentation
94: Proof of adverse conduct
95: Civil proceedings in relation to engaging in or inducing adverse or coercive conduct
96: Procedure for civil proceedings for adverse conduct
97: General provisions
98: Resolution of work health and safety issues
99: Regulator may appoint inspector to assist parties in resolving issue
100: Meaning of notice
101: Power to issue improvement notices
102: Content of improvement notices
103: Compliance with improvement notice
104: Extension of time for compliance with improvement notices
105: Power to issue prohibition notice
106: Content of prohibition notice
107: Compliance with prohibition notice
108: Power to issue non-disturbance notice
110: Compliance with non-disturbance notice
111: Issue of subsequent non-disturbance notices
112: General provisions relating to notices
114: Regulator may vary or cancel notice
115: Formal irregularities or defects in notice
116: Issue of notice
117: Display of notice at workplace by person issued with notice
119: When regulator may carry out remedial action
120: Power of regulator to take other remedial action
121: Costs of remedial or other action
122: Civil proceedings relating to non-compliance with notice
124: Notice of decision and reasons for decision
125: When enforceable undertaking is enforceable
127: Contravention of enforceable undertaking
129: Proceedings for alleged contravention
130: Interpretation
131: Application for internal review
132: Decision of regulator
133: Notice of decision on internal review
134: Stay of reviewable decision on internal review
135: Application for appeal
141: Meaning of enforcement action
143: Prosecutions by regulator
145: Continuing or repeated matters
150: Application of subpart
151: Sentencing criteria
152: Order for payment of regulator's costs in bringing prosecution
155: Work health and safety project orders
156: Release on giving of court-ordered enforceable undertaking
159: Offence to fail to comply with order
163: Appointment of inspectors
165: Suspension and ending of appointment of inspectors
166: Inspectors subject to regulator's directions
168: Powers of entry and inspection
169: Power to enter homes
170: Power to deal with cause of imminent danger
171: Notice of entry
172: Power to take samples and other objects and things
174: Continuation of powers of entry and inspection without search warrants
178: Offence for failing to provide inspector with correct name and residential address
179: Offence to hinder or obstruct inspector
184: Health and safety medical practitioners may require workers to be medically examined
185: Health and safety medical practitioners may suspend workers in certain cases
190: Functions and powers of regulator other than WorkSafe
192: Role of designated agencies
193: Proceedings not to be questioned for want of form
195: Health and Safety at Work Strategy
198: Requirement of other regulator to notify WorkSafe of notifiable event
199: Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury
201: Funding levy
202: Consultation requirement relating to funding levy
209: Offence to give false or misleading information
210: Confidentiality of information
211: Regulations relating to health and safety
214: Regulations relating to worker engagement, participation, and representation
218: Further provisions relating to regulations
226: Use of approved codes of practice in proceedings
227: Minister may approve safe work instruments
229: Minister may delegate approval of codes of practice and safe work instruments to regulator
232: Consequential amendments
69OJ: Collective agreements and individual employment agreements must contain employee protection provision
69OK: Affected employee may choose whether to transfer to new employer
69OL: Review of operation of Part after 3 years
69P: Interpretation
69Q: Bargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot
69R: Employer to notify employees if bargaining fee clause agreed to
69S: Which employees bargaining fee clause applies to
69T: Bargaining fee clause binding on employer and employee
69U: Amount of bargaining fee
69V: Expiry of bargaining fee clause
69W: Validity of bargaining fee clause
70: Object of this Part
71: Interpretation
72: Minister to approve employment relations education
73: Union entitled to allocate employment relations education leave
74: Calculation of maximum number of days of employment relations education leave
75: Union to notify employer of maximum number of days of employment relations education leave calculated
76: Allocation of employment relations education leave calculated in respect of another employer
77: Allocation of employment relations education leave to eligible employee
78: Eligible employee proposing to take employment relations education leave
79: Eligible employee taking employment relations education leave entitled to ordinary pay
80: Object of this Part
81: Meaning of strike
82: Meaning of lockout
83: Lawful strikes and lockouts related to collective bargaining
84: Lawful strikes and lockouts on grounds of safety or health
85: Effect of lawful strike or lockout
86: Unlawful strikes or lockouts
87: Suspension of striking employees
88: Suspension of non-striking employees where work not available during strike
89: Basis of suspension
90: Strikes in essential services
91: Lockouts in essential services
92: Chief executive to ensure mediation services provided
93: Procedure to provide public with notice before strike in certain passenger transport services
94: Procedure to provide public with notice before lockout in certain passenger transport services
95: Penalty for breach of section 93(4) or 94(4)
96: Employer not liable for wages during lockout
97: Performance of duties of striking or locked out employees
98: Record of strikes and lockouts
99: Jurisdiction of court in relation to torts
100: Jurisdiction of court in relation to injunctions
100A: Codes of employment practice
100B: Amendment and revocation of code of practice
100C: Authority or court may have regard to code of employment practice
100D: Code of good faith for public health sector
100E: Amendments to or replacement of code of good faith for public health sector
101: Object of this Part
102: Employee may pursue personal grievance under this Act
103: Personal grievance
103A: Test of justification
104: Discrimination
105: Prohibited grounds of discrimination for purposes of section 104
106: Exceptions in relation to discrimination
107: Definition of union membership status or involvement in union activities for purposes of section 104
108: Sexual harassment
109: Racial harassment
110: Duress
111: Definitions relating to personal grievances
112: Choice of procedures
113: Personal grievance provisions only way to challenge dismissal
114: Raising personal grievance
115: Further provision regarding exceptional circumstances under section 114
116: Special provision where sexual harassment alleged
117: Sexual or racial harassment by person other than employer
118: Sexual or racial harassment after steps not taken to prevent repetition
119: Presumption in discrimination cases
120: Statement of reasons for dismissal
121: Statements privileged
122: Nature of personal grievance may be found to be of different type from that alleged
123: Remedies
124: Remedy reduced if contributing behaviour by employee
125: Reinstatement to be primary remedy
126: Provisions applying if reinstatement ordered
127: Authority may order interim reinstatement
128: Reimbursement
129: Person bound by, or party to, employment agreement may pursue dispute under this Act
130: Wages and time record
131: Arrears
132: Failure to keep or produce records
133: Jurisdiction concerning penalties
134: Penalties for breach of employment agreement
135: Recovery of penalties
136: Application of penalties recovered
137: Power of Authority to order compliance
138: Further provisions relating to compliance order by Authority
139: Power of court to order compliance
140: Further provisions relating to compliance order by court
140A: Compliance order in relation to disclosure of employee transfer costs information and individualised employee information
141: Enforcement of order
142: Limitation period for actions other than personal grievances
143: Object of this Part
144: Mediation services
144A: Dispute resolution services
145: Provision of mediation services
146: Access to mediation services
147: Procedure in relation to mediation services
148: Confidentiality
149: Settlements
150: Decision by authority of parties
150A: Payment on resolution of problem
151: Enforcement of terms of settlement agreed or authorised
152: Mediation services not to be questioned as being inappropriate
153: Independence of mediation personnel
154: Other mediation services
155: Arbitration
156: Employment Relations Authority
157: Role of Authority
158: Lodging of applications
159: Duty of Authority to consider mediation
160: Powers of Authority
161: Jurisdiction
162: Application of law relating to contracts
163: Restriction on Authority's power in relation to collective agreements
164: Application to individual employment agreements of law relating to contracts
165: Other provisions relating to investigations of Authority
166: Membership of Authority
167: Appointment of members
168: Oath of office
169: Term of office
170: Vacation of office
171: Salaries and allowances
172: Temporary appointments
173: Procedure
174: Authority must give oral determination or oral indication of preliminary findings wherever practicable
175: Seal of Authority
176: Protection of members of Authority, etc
177: Referral of question of law
178: Removal to court generally
179: Challenges to determinations of Authority
179A: Limitation on challenges to certain determinations of Authority
180: Election not to operate as stay
181: Report in relation to good faith
183: Decision
184: Restriction on review
185: Staff of Authority
186: Employment Court
187: Jurisdiction of court
188: Role in relation to jurisdiction
189: Equity and good conscience
190: Application of other provisions
191: Other provisions relating to proceedings of court
192: Application to collective agreements of law relating to contracts
193: Proceedings not to be questioned
194: Application for review
194A: Application for review by certain employees
195: Non-attendance or refusal to co-operate
196: Application of Contempt of Court Act 2019
197: Constitution of court
198: Registrar and officers of court
199: Seal of court
200A: Judges act on full-time basis but may be authorised to act part-time
202: Senior Judge to act as Chief Judge in certain circumstances
203: Judges to have immunities of High Court Judges
205: Age of retirement
206: Salaries and allowances of Judges
208: Sittings
211: Statement of case for Court of Appeal
213: Review of proceedings before court
214: Appeals on question of law
214A: Appeals to Supreme Court on question of law in exceptional circumstances
216: Obligation to have regard to special jurisdiction of court
221: Joinder, waiver, and extension of time
222: Application of Official Information Act 1982
223: Labour Inspectors
224: Demand notice
225: Objections to demand notice
226: Authority to determine objection
227: Withdrawal of demand notice
228: Actions by Labour Inspector
229: Powers of Labour Inspectors
230: Entry of dwellinghouses
231: Entry warrant
232: Compilation of wages and time record
233: Obligations of Labour Inspectors
234: Circumstances in which officers, directors, or agents of company liable for minimum wages and holiday pay
235: Obstruction
236: Representation
237: Regulations
237A: Amendments to Schedule 1A
238: No contracting out
240: Consequential amendments
242: Enforcement of existing individual employment contracts
243: Enforcement of existing collective employment contracts
244: Existing collective employment contracts and collective bargaining
245: Existing procedures in relation to disputes and personal grievances
246: Expiration of existing collective employment contracts
247: Existing proceedings
248: Existing causes of action
249: Employment Tribunal
250: Exercise of powers of Employment Tribunal after 31 January 2001
251: Exercise of powers of Authority before close of 31 January 2001
252: Exercise by Authority of powers of Tribunal after 31 January 2001
253: Existing appointments
Schedule 1: Essential services
Schedule 1A: Employees to whom subpart 1 of Part 6A applies
Schedule 1B: Code of good faith for public health sector
Schedule 2: Provisions having effect in relation to Employment Relations Authority
Schedule 3: Provisions having effect in relation to Employment Court
CZ 30: Transitional provision: application of certain accommodation provisions
Schedule 4: New Schedule 3 of Police Act 1958
Schedule 5: Enactments amended
Schedule 6: Enactments repealed
29: Insurance against fines unlawful
63: Requirements for conducting elections
44A: Employer may opt out of bargaining for collective agreement, or for agreement to join collective agreement, involving 2 or more employers
44B: How to opt out
50KA: Declaration or determination under section 50K not to be made if breach of duty of good faith by party seeking declaration
50K: Authority may determine that bargaining has concluded
69CB: Warranty
69CA: Exempt employer
69CC: Persons warranty to be provided to
69LA: Liability for costs of service-related entitlements of transferring employee
69ZEA: Exemption from requirement to provide rest breaks and meal breaks
86A: Notice of strike
86B: Notice of lockout
95B: Employer may make specified pay deductions in relation to partial strike
95D: Calculation of specified pay deduction
95C: Notice of specified pay deduction
95F: Union may request information about specified pay deduction
95G: Employer must respond to request for information about specified pay deduction
69OEA: Disclosure of individualised employee information
69LB: Resolving disputes about apportioning liability for costs of service-related entitlements
174C: Authority may reserve determination
174A: Oral determinations
174B: Oral indication of preliminary findings
174D: Authority may determine matter without holding investigation meeting
Schedule 1AA: Application, savings, and transitional provisions relating to amendments made to this Act after 1 January 2013
5A: Provisions affecting application of amendments to this Act
254: Application, savings, and transitional provisions relating to amendments to Act
95AA: Withdrawal of notice of strike or lockout
69DA: Associated person
174E: Content of written determinations
44C: Effect of opting out
69CD: Provision of information for purposes of giving warranty
69CE: When warranty must be provided
69FA: Employer's breach of obligations not to affect employee's rights and new employer's obligations
69LC: Implied warranty by employer of transferring employees
69OAA: False warranty: exempt employer
69ZEB: Compensatory measures
95A: Meaning of partial strike and specified pay deduction
95E: Relationship between specified pay deduction and minimum wage
95H: Resolution of problem relating to specified pay deduction
166B: Delegation of Chief of Authority’s functions, duties, or powers
237AA: Chief executive may approve forms
CE 1D: Exception: accommodation provided by Defence Force
85: Training requirements relating to giving direction to cease work
66: Health and safety committees
144: Private prosecutions
8: Application of Act to intelligence and security agencies
13: Certain provisions of Part 3 do not apply to members of Armed Forces
14: Part 3 does not apply to volunteer workers
18: Meaning of officer
30: Management of risks
31: Duties not transferable
32: Person may have more than 1 duty
33: More than 1 person may have same duty
34: PCBU must consult other PCBUs with same duty
35: Compliance with other enactments
55: Duty to preserve sites
57: Requirement to keep records
65: Determination of numbers of health and safety representatives for work groups
118: Inspector may display notice
147: Extension of time if regulator needs longer to decide whether to bring prosecution
148: Limitation period for private prosecutions
160: State of mind of directors, employees, or agents attributed
161: Conduct of directors, employees, or agents attributed
182: Suspension and ending of appointment of health and safety medical practitioners
204: Requirements for authorisation of workplaces
205: Requirements for authorisation of plant or substance
206: Requirements for authorisation of work
207: Requirements for prescribed qualifications or experience
208: Requirement to comply with conditions of authorisation
221: Status and publication of exemptions granted by regulator
1: Title
336C: Repeal of and amendments to provisions relating to residual levies for Earners’ Account
3: Purpose of this Act
20: Jobseeker support: requirements
21: What is work gap
22: When person is available for work
23: Jobseeker support: age requirement
24: Jobseeker support: no or minimum income
25: Jobseeker support: discretionary grant on ground of hardship
26: Jobseeker support: ineligibility
27: Jobseeker support: on ground of health condition, injury, or disability: application must include certificate
28: Jobseeker support: on ground of health condition, injury, or disability: medical examination
33: Expiry of sole parent support, and replacement with jobseeker support, when youngest dependent child turns 14 years old
34: Supported living payment: on ground of restricted work capacity or total blindness: requirements
35: When person has restricted work capacity
36: Supported living payment: on ground of restricted work capacity or total blindness: ineligibility
37: Supported living payment: on ground of restricted work capacity or total blindness: medical examination
39: Supported living payment: on ground of restricted work capacity: encouraging open employment
51: Youth payment: no or minimum income
53: Youth payment: discretionary grant on ground of hardship
54: Youth payment: continuation after turning 18 years old
55: Youth payment: incentive payments
57: When person is study ready
62: Young parent payment: incentive payments
63: Emergency benefit: discretionary grant on ground of hardship
95: Temporary additional support: purpose
97: Temporary additional support: refusal, reduction, or cancellation of grant in certain circumstances
98: Interpretation
102: Special assistance: status of, and access to, notices
104: What this Part does
106: MSD must make people affected aware of their obligations, consequences of non-compliance, and their review and appeal rights
107: MSD must explain rules relating to absence from New Zealand
109: Outline of beneficiary’s general and specific obligations
112: Beneficiary must supply tax file number
113: Beneficiary must notify change of circumstances
115: Obligation to undergo work ability assessment
116: Persons subject to work ability assessment
117: Persons not subject to work ability assessment
118: Work ability assessment
119: Person who fails to comply with requirement to undergo work ability assessment is subject to sanction
120: Work-preparation obligations
121: Persons subject to work-preparation obligations
122: Persons not subject to work-preparation obligations
123: Persons subject to work-preparation obligations if sufficient capacity to comply
124: General obligation to take all steps to prepare for employment
125: Work-preparation obligations as required by MSD
126: Person who fails to comply with work-preparation obligation subject to sanction
128: Obligations of beneficiary in relation to dependent children
130: Obligations of spouse or partner of beneficiary in relation to dependent children of spouse or partner
138: Work-test obligations
139: Purpose of sections 140 to 154
140: Persons subject to work-test obligations
141: Jobseeker support: work capacity determination and work test
142: Person not subject to work-test obligations
143: Time when work-test obligation applies
144: General obligation to be available for suitable employment, etc
145: Meaning of suitable employment
146: Work-test obligations as required by MSD
147: Obligation to undertake and pass drug test
149: Failing drug test
151: Costs of drug test
153: Person who fails to comply with work-test obligations is subject to sanction
154: Deemed failure to comply with work-test obligation
155: Deferral of work-test obligations
156: Effect of deferral of work-test obligations
157: Regulations may specify categories of exempt persons and grounds for exemption
158: MSD may grant exemption from work-preparation, work-test, or other obligation
160: Procedure for grant of exemption
161: Person who fails to comply with requirement to attend interview is subject to sanction
162: Obligations of young person granted youth support payment
165: Young person aged 18 or 19 years who is receiving jobseeker support in young person’s own right and who is at significant risk of long-term welfare dependency
167: Young person aged 16 to 19 years who has dependent child and who is spouse or partner of specified beneficiary
168: Young person aged 18 or 19 years, who is receiving jobseeker support as spouse or partner of person granted that benefit, or who is work-tested spouse or partner of specified beneficiary, and who is at significant risk of long-term welfare dependency
169: Interpretation
170: Obligation to work with contracted service providers
181: Application of health and safety legislation, etc
182: Obligations suspended where MSD has exercised discretion to pay benefit while beneficiary overseas
183: What this Part does
184: Regulations may prescribe pre-benefit activities
193: No reduction in certain cases
197: Effect of compensation or damages on application for benefit
198: Loss of earnings compensation under Accident Compensation Act 2001
200: Exceptions to rule that veteran’s entitlement excludes any other benefit
210: Beneficiary and offence defined for section 209
214: Beneficiary and offence defined for section 213
216: Effect of non-payment or suspension of benefit
225: Basic rule: no work-tested benefit for 13 weeks after leaving employment or scheme or loss of employment due to misconduct
226: Persons to whom basic rule applies
227: What happens if basic rule applies
228: MSD’s options in case of misconduct
229: Interpretation
230: How non-entitlement period, etc, affects supplementary benefits, and spouse or partner
232: Sanctions for failure to comply with certain obligations under this Act
233: Obligations that carry sanction for failure to comply
234: Hierarchy of sanctions
235: Failure, and first, second, and third failure, defined for obligations other than young person or young parent obligations
237: Sanction for second failure: suspension of main benefit
238: Sanction for third failure: cancellation of main benefit
239: Reduction or suspension of reduced benefit
240: Failures that can be counted
241: Meaning of continuous payment
242: Failures that cannot be counted
244: Variation for failure to comply with work-test obligation to accept offer of suitable employment
245: Variation for breach of work-test obligation by 1 spouse or partner
246: Variation for breach of work-test obligation by both partners or spouses
247: Variation for suspension or cancellation of benefit or non-entitlement period affecting couple with 1 or more dependent children
248: Variation for suspension or cancellation of main benefit or non-entitlement period affecting sole parent
249: Good and sufficient reason for non-compliance: default by MSD
250: Good and sufficient reason for failure to comply with drug-testing obligation
253: Notice relates to single failure
256: When reduction, suspension, or cancellation of benefit takes effect
257: Request for evidential drug test if sanction imposed for failing screening drug test
258: Effect of request for evidential drug test
259: Effect of failure of evidential drug test
260: Costs of evidential drug test
261: How person recomplies after failure to comply with obligation
262: Impossibility of remedying failure of work-test obligation
263: How person recomplies after failure to comply with drug-testing obligation
264: Drug testing for purposes of recompliance
265: Failure of drug test for purposes of recompliance constitutes third failure
266: Costs of drug testing for purposes of recompliance
268: Failure, and first, second, and third failure, defined for young person or young parent obligations
270: Sanction for first or second failure: suspension of in-hand allowance and incentive payments
271: Sanction for third failure: cancellation of youth payment and incentive payments
275: Sanctions for failure by young person required to receive youth services to comply with obligations: money management
276: Sanctions for failure by young person required to receive youth services to comply with obligations: other cases
280: Sanction for first or second failure: suspension of in-hand allowance and incentive payments
282: Effect of cancellation of young parent payment
287: Procedure for imposing sanctions for failure to comply with young person or young parent obligation
289: MSD may cancel incentive payment
296: What this Part does
297: Application for benefit: making of, help with, lapse, and deemed receipt
298: MSD must inquire into claim for benefit
302: Immediate provisional grant, and later backdating of other benefit
304: Review of entitlement and rate payable
306: No entitlement, or entitlement only at different rate
307: Benefit on another eligibility ground more appropriate
308: Another benefit more appropriate
310: Certain benefits granted, or granted at rate, not taking into account certain insurance payments
311: General
313: Benefits subject to stand down
314: Work-tested benefit of applicant subject to non-entitlement period
315: Exemptions from stand down, and when certain benefits commence
316: Start and calculation of stand-down period
317: Minister may consent to backdating
320: Effect of no longer being subject to work-test or young person obligations
322: Effect of no longer being subject to work-preparation obligations
323: Effect of employment on non-entitlement period
324: Effect of participation in certain activities on non-entitlement period
326: After death of beneficiary receiving specified benefit
331: Expiry date, and specified benefit, defined
332: General rule
337: How benefits are paid
341: Required manner of payment: money management for certain payments to young people
342: Money management for certain payments to young people: exception if young person meets prescribed criteria for managing own payments
344: Young person beneficiaries may elect money management
348: Requirement for beneficiary, spouse or partner, or both, to undertake budgeting activity
349: Interpretation
350: MSD may pay tax on main benefit other than by tax deduction from source deduction payment
351: Status of amount for income tax paid by MSD
365: Services to encourage young people to move to and remain in education, training, and employment
373: Administration service providers: contracts
377: Conduct of provider of services in relation to young people to be treated for specified purposes as if MSD’s conduct
378: MSD may assign contracted service provider to young person
379: Minister determines rates and conditions of employment and payment
395: Appeals only against decision confirmed or varied by benefits review committee or made by chief executive personally
396: Authority cannot hear and determine certain appeals on medical or capacity grounds
402: Act does not affect appeals to authority under other enactments
411: Right of appeal on medical grounds
418: Regulations: general
422: Regulations: income exemptions
428: Regulations: temporary additional support
429: Regulations: participation allowance for people participating in activities
431: Regulations: specific obligations: work-test obligations, and deferrals of, or exemptions from, specified obligations
432: Regulations: factors affecting benefits: pre-benefit activities
438: Regulations: application for benefit: making of, help with, lapse, and deemed receipt
440: Regulations: exemptions from, and calculation of, stand down
441: Regulations: expiry and regrant of specified benefits
445: Regulations: further provisions on deductions
448: Regulations: remittance or suspension of debt
452: Orders in Council: discretionary increases in rates of benefits, etc
453: Orders in Council: mandatory annual CPI adjustment of rates of certain benefits
458: Employment Services and Income Support (Integrated Administration) Act 1998 repealed
Schedule 1: Transitional, savings, and related provisions
Schedule 2: Dictionary
Schedule 3: Income and liabilities
Schedule 4: Rates of benefits
Schedule 7: Benefits review committees
Schedule 9: Medical board
Schedule 10: Consequential amendments
Schedule 11: Identified changes in legislation
4B: Employer’s general obligation to keep records relating to minimum entitlement provisions
67C: Agreed hours of work
67D: Availability provision
67E: Employee may refuse to perform certain work
67F: Employee not to be treated adversely because of refusal to perform certain work
67G: Cancellation of shifts
67H: Secondary employment provisions
133A: Matters Authority and court to have regard to in determining amount of penalty
135A: Chief executive or Labour Inspector may enforce payment of penalty
140AA: Sanctions for breaches without compliance order
142A: Object of this Part
142B: Court may make declarations of breach
142C: Purpose and effect of declarations of breach
142D: What declaration of breach must state
142E: Pecuniary penalty orders
142F: Matters court to have regard to in determining amount of pecuniary penalty
142G: Maximum amount of pecuniary penalty
142H: Chief executive or Labour Inspector may enforce payment of pecuniary penalty
142I: Limitation period for actions for pecuniary penalty orders
142J: Court may make compensation orders
142K: Application of section 132 of this Act and section 83 of Holidays Act 2003
142L: Terms of compensation orders
142M: Banning orders
142N: Terms of banning order
142O: Duration of banning order
142P: Variation of banning order
142R: Offence to breach banning order
142S: Standard of proof
142T: More than one kind of order may be made for same breach
142U: No pecuniary penalty and criminal sanction or other penalty for same conduct
142W: Involvement in breaches
142X: Person involved in breach liable to penalty
142Y: When person involved in breach liable for default in payment of wages or other money due to employee
142Z: State of mind of directors, employees, or agents attributed to body corporate or other principal
142ZA: Conduct of directors, employees, or agents attributed to body corporate or other principal
142ZB: Proceedings in which defences apply
142ZC: Defences for person in breach
142ZD: Defences for person involved in breach
159AA: When mediation in relation to breach of employment standards is appropriate
188A: When mediation in relation to breach of employment standards is appropriate
214AA: Appeals against decisions under Part 9A
223AAA: Functions of chief executive
233A: Obligation of Labour Inspector and department not to disclose information
233B: Information sharing
235A: Interpretation
235B: Infringement offences
235C: When infringement notice may be issued
235D: Revocation of infringement notice before payment made
235E: Infringement fees
235F: Payment of infringement fee
235G: Infringement fee and penalty not payable for the same conduct
179C: Limitations on consideration by Employment Court of matters arising under section 30D of Parental Leave and Employment Protection Act 1987
277A: Powers of entry and search for employees on employers’ premises
272: Liability of carrier’s employee
278: Sanctions for failure by young spouse or partner of specified beneficiary to comply with obligations: other cases
198A: Registrar may take affidavit
200AA: Judge not to undertake other employment or hold other office
222C: Judge may make order restricting commencement or continuation of proceeding
172A: Reports from Inspector-General of Intelligence and Security
53: Special provisions for notice terminating service tenancies
12: Misleading conduct in relation to employment
237A: Amendments to Schedule 1A
69AB: Object of this Part
69ABA: Interpretation
69ABB: When and why employee may make request
69ABC: Requirements relating to request
69ABE: Employer must notify decision as soon as possible
69ABEA: Proof of family violence
69ABF: Grounds for refusal of request by employer
69ABG: Employee has choice of procedure at initial stage
69ABH: Mediation after initial reference to Labour Inspector
69ABI: Application to Authority after initial or later reference to mediation
69ABJ: Penalty
69ABK: Limitation on challenging employer
108A: Adverse treatment in employment of people affected by family violence
18A: Union delegates entitled to reasonable paid time to represent employees
30A: Union may provide employer with information about role and functions of union to pass on to prospective employees
62A: Employer must share new employee information with union unless employee objects
63: Terms and conditions of employment of employee who is not member of union after expiry of 30-day period
63B: Additional employer obligations when bargaining for terms and conditions of employment under section 62
452A: Orders in Council: mandatory annual average weekly earnings adjustment of rates of main benefits
50: Evaluative material as reason for refusing access to personal information
211: Liability of employers, principals, and agencies
229A: Investigating question of employment
103B: Joining controlling third party to personal grievance
115A: Notifying controlling third party of personal grievance
123A: Remedies where controlling third party caused or contributed to personal grievance
114A: Corporation must publish applicable interest rate and premium
238A: Provisions relating to COVID-19 vaccinations
Schedule 3A: Provisions relating to COVID-19 vaccinations
326A: Regulations relating to interest on late payments of weekly compensation
159: Donors of qualifying organs exempt from work-preparation, work-test, or other obligation while recuperating
110B: Retaliation against whistleblower
CZ 24B: Employee benefits for North Island flooding events relief: not fringe benefits
CZ 29B: Accommodation expenditure: North Island flooding events
CE 1F: Treatment of amounts derived by cross-border employees
CX 19D: Certain self-powered and low-powered vehicles and vehicle-share services
RD 62B: Obligations of cross-border employees when FBT liability not paid
275A: Power to access employment documents
359A: Employment infringement offence
364A: Maximum fees for infringement offences
364B: Infringement fine for prescribed employment infringement offences
235DA: What infringement notice must contain
235DB: How infringement notice may be served
235EA: Infringement fine
DV 27: Employee share schemes
GB 49B: Employee share schemes
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We hope that this information will help people understand New Zealand laws. But we think that it’s important you talk to someone who understands the law well if you have questions or are worried about something.
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