New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 16 November 2009
| Public Act | 2000 No 24 |
| Date of assent | 19 August 2000 |
| Commencement | see section 2 |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Labour.
Good faith employment relations
4 Parties to employment relationship to deal with each other in good faith
4A Penalty for certain breaches of duty of good faith
8 Voluntary membership of unions
10 Contracts, agreements, or other arrangements inconsistent with section 8 or section 9
Part 4
Recognition and operation of unions
Registration of unions and related matters
13 Application by society to register as union
14 When society entitled to be registered as union
15 Registration of society as union
17 Cancellation of union's registration
Union's right to represent members
18 Union entitled to represent members' interests
19 Workplace does not include dwellinghouse
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
28 Registrar of Unions may seek directions of Authority
29 Persons who have standing in proceedings relating to unions
30 Offence to mislead Registrar
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
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
43 Employees' attention to be drawn to initiation of bargaining
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
50C Grounds on which Authority may accept reference
50D Limitation on which member of Authority may provide 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
Determining collective agreement if breach of duty of 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
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
Undermining collective bargaining or collective agreement
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
Part 6
Individual employees' terms and conditions of employment
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 Employer's obligations in respect 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 Opportunity to seek advice for new employee where no collective agreement applies [Repealed]
65 Terms and conditions of employment where no collective agreement applies
67A When employment agreement may contain provision for trial period for 90 days or less
67B Effect of trial provision under section 67A
68 Unfair bargaining for individual employment agreements
69 Remedies for unfair bargaining
Employee's statutory right to make request
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
69AAK Limitation on challenging employer
69AAL Review of operation of Part after 2 years
Part 6A
Continuity of employment if employees' work affected by restructuring
Subpart 1—Specified categories of employees
69C Meaning of contracting in, contracting out, and subsequent contracting
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
Subpart 2—Disclosure of costs relating to transfer of employees under proposed restructuring
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
69OF Employer who is subject to Official Information Act 1982
69OG Subpart prevails over agreement
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
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
69V Expiry of bargaining fee clause
69W Validity of bargaining fee clause
Part 6C
Breastfeeding facilities and breaks
69Z Breastfeeding breaks additional to breaks under Part 6D
69ZA Code of employment practice relating to employer's obligation
Part 6D
Rest breaks and meal breaks
69ZD Entitlement to rest breaks and meal breaks
69ZE When employer to provide rest breaks and meal breaks
69ZG Relationship between Part and employment agreements
69ZH Relationship between Part and other enactments
Part 7
Employment relations education leave
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
Lawfulness of strikes and lockouts
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
Suspension of employees during strikes
87 Suspension of striking employees
88 Suspension of non-striking employees where work not available during strike
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 or section 94
Employer's liability for wages during lockout
96 Employer not liable for wages during lockout
Performance of duties of striking or locked out employees
97 Performance of duties of striking or locked out employees
Record of strikes and lockouts
98 Record of strikes and lockouts
Jurisdiction of Employment Court
99 Jurisdiction of court in relation to torts
100 Jurisdiction of court in relation to injunctions
Part 8A
Codes of employment practice and code of good faith for public health sector
100A Codes of employment practice
100B Amendment and revocation of code of practice
100C Authority or court may have regard to code of practice
Code of good faith for public health sector
100D Code of good faith for public health sector
100E Amendments to or replacement of code of good faith for public health sector
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
Part 9
Personal grievances, disputes, and enforcement
102 Employee may pursue personal grievance under this Act
105 Prohibited grounds of discrimination for purposes of section 104
106 Exceptions in relation to discrimination
107 Definition of involvement in activities of union for purposes of section 104
110A Membership of KiwiSaver scheme or complying superannuation fund [Repealed]
111 Definitions relating to personal grievances
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
122 Nature of personal grievance may be found to be of different type from that alleged
Remedies in relation to personal grievances
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
129 Person bound by, or party to, employment agreement may pursue dispute under this Act
132 Failure to keep or produce records
133 Jurisdiction concerning penalties
134 Penalties for breach of employment agreement
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
Limitation period for actions other than personal grievances
142 Limitation period for actions other than personal grievances
144A Dispute resolution services
145 Provision of mediation services
146 Access to mediation services
147 Procedure in relation to mediation services
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
Employment Relations Authority
156 Employment Relations Authority
159 Duty of Authority to consider mediation
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
176 Protection of members of Authority, etc
177 Referral of question of law
179 Challenges to determinations of Authority
179A Limitation on challenges to certain determinations of Authority
179B Limitations on consideration by Employment Court of matters arising under Part 6AA
180 Election not to operate as stay
181 Report in relation to good faith
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
194A Application for review by certain employees
195 Non-attendance or refusal to co-operate
196 Contempt of court or Authority
198 Registrar and officers 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
204 Protection of Judges against removal from office
206 Salaries and allowances of Judges
207 Appointment of temporary Judges
210 Quorum and decision of court
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
215 Court of Appeal may refer appeals back for reconsideration
Special provision in respect of appeals
216 Obligation to have regard to special jurisdiction of court
217 Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of court
218 Appeal to Court of Appeal in respect of order on application for review
219 Validation of informal proceedings, etc
220 Documents under seal and certain signatures to be judicially noticed
221 Joinder, waiver, and extension of time
222 Application of Official Information Act 1982
225 Objections to demand notice
226 Authority to determine objection
227 Withdrawal of demand notice
Actions to recover wages or holiday pay, etc
228 Actions by Labour Inspector
229 Powers of Labour Inspectors
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
237A Amendments to Schedule 1A
239 New Schedule 3 substituted in Police Act 1958
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
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
Schedule 1A
Employees to whom subpart 1 of Part 6A applies
Schedule 1B
Code of good faith for public health sector
Schedule 1C
Code of good faith for employment relationships in relation to provision of services by Police
Schedule 2
Provisions having effect in relation to Employment Relations Authority
Schedule 3
Provisions having effect in relation to Employment Court
Schedule 4
New Schedule 3 of Police Act 1958
Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001
Employment Relations Amendment Act (No 2) 2004
Employment Relations Amendment Act 2006
Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008