177 Referral of question of law

(1)

The Authority may, where a question of law arises during an investigation,—

(a)

refer that question of law to the court for its opinion; and

(b)

delay the investigation until it receives the court’s opinion on that question.

(2)

Every reference under subsection (1) must be made in the prescribed manner.

(3)

The court must provide the Authority with its opinion on the question of law and the Authority must then continue its investigation in accordance with that opinion.

(4)

Subsection (1) does not apply—

(a)

to a question about the procedure that the Authority has followed, is following, or is intending to follow; and

(b)

without limiting paragraph (a), to a question about whether the Authority may follow or adopt a particular procedure.

Compare: 1991 No 22 s 93

Section 177(4): added, on 1 December 2004, by section 57 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).