160 Powers of Authority

(1)

The Authority may, in investigating any matter,—

(a)

call for evidence and information from the parties or from any other person:

(b)

require the parties or any other person to attend an investigation meeting to give evidence:

(c)

interview any of the parties or any person at any time before, during, or after an investigation meeting:

(d)

in the course of an investigation meeting, fully examine any witness:

(e)

decide that an investigation meeting should not be in public or should not be open to certain persons:

(f)

follow whatever procedure the Authority considers appropriate.

(2)

The Authority may take into account such evidence and information as in equity and good conscience it thinks fit, whether strictly legal evidence or not.

(2A)

The Authority must allow cross-examination of a party or a person to the extent that is consistent with subsection (2).

(3)

The Authority is not bound to treat a matter as being a matter of the type described by the parties, and may, in investigating the matter, concentrate on resolving the employment relationship problem, however described.

(4)

The Authority may not make a freezing order or search order as provided for in the High Court Rules 2016.

Section 160(1)(c): amended, on 1 December 2004, by section 54 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 160(2A): inserted, on 1 April 2011, by section 29(1) of the Employment Relations Amendment Act 2010 (2010 No 125).

Section 160(4): added, on 1 April 2011, by section 29(2) of the Employment Relations Amendment Act 2010 (2010 No 125).

Section 160(4): amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).