178A Challenge in respect of dismissal of frivolous or vexatious proceedings

(1)

A party to a matter before the Authority that was dismissed because the Authority determined it was frivolous or vexatious under clause 12A of Schedule 2 may challenge that determination in the court.

(2)

A challenge under this section must be made in the prescribed manner within 28 days after the date that the matter is dismissed by the Authority.

(3)

The court must determine whether it considers the matter to be frivolous or vexatious.

(4)

If the court does not determine that the matter is frivolous or vexatious, it must order the Authority to investigate and determine the matter.

Section 178A: inserted, on 1 April 2011, by section 35 of the Employment Relations Amendment Act 2010 (2010 No 125).