140 Further provisions relating to compliance order by court

(1)

The power given to the court by section 139(2) may be exercised by the court—

(a)

on the application of any party to the proceedings; or

(b)

except where the proceedings are commenced under section 139(4), of its own motion.

(2)

Before exercising its power under section 139(2) in relation to a person who is not a party to the proceedings, the court must give that person an opportunity to appear or be represented before the court.

(3)

Any time specified by the court under section 139 may from time to time be extended by the court on the application of the person who is required to obey the order.

(4)

A compliance order of the kind described in section 139(2)

(a)

may be made subject to such terms and conditions as the court thinks fit (including conditions as to the actions of the applicant); and

(b)

may be expressed to continue in force until a specified time or the happening of a specified event.

(5)

Where the court makes a compliance order of the kind described in section 139(2), it may then adjourn the proceedings, without imposing any penalty or fine or making a final determination, to enable the compliance order to be complied with while the proceedings are adjourned.

(6)

Where any person fails to comply with a compliance order made under section 139, or where the court, on an application under section 138(6), is satisfied that any person has failed to comply with a compliance order made under section 137, the court may do 1 or more of the following things:

(a)

if the person in default is a plaintiff, order that the proceedings be stayed or dismissed as to the whole or any part of the relief claimed by the plaintiff in the proceedings:

(b)

if the person in default is a defendant, order that the defendant’s defence be struck out and that judgment be sealed accordingly:

(c)

order that the person in default be sentenced to imprisonment for a term not exceeding 3 months:

(d)

order that the person in default be fined a sum not exceeding $40,000:

(e)

order that the property of the person in default be sequestered.

(7)

An order under subsection (6)(d) may direct that the whole or any part of the fine must be paid to the employee concerned.

Compare: 1991 No 22 s 56(3)–(7)

Section 140(7): inserted, on 1 April 2016, by section 17 of the Employment Relations Amendment Act 2016 (2016 No 9).