184 Restriction on review

(1)

Except on the ground of lack of jurisdiction or as provided in section 179, no determination, order, or proceedings of the Authority are removable to any court by way of certiorari or otherwise, or are liable to be challenged, appealed against, reviewed, quashed, or called in question in any court.

(1A)

No review proceedings under section 194 may be initiated in relation to any matter before the Authority unless—

(a)

the Authority has issued a determination under section 174A(2), 174B(2), 174C(3), or 174D(2) (as the case may be) on all matters relating to the subject of the review application between the parties to the matter; and

(b)

(if applicable) the party initiating the review proceedings has challenged the determination under section 179; and

(c)

the court has made a decision on the challenge under section 183.

(2)

For the purposes of subsection (1), the Authority suffers from lack of jurisdiction only where,—

(a)

in the narrow and original sense of the term jurisdiction, it has no entitlement to enter upon the inquiry in question; or

(b)

the determination or order is outside the classes of determinations or orders which the Authority is authorised to make; or

(c)

the Authority acts in bad faith.

Section 184(1A): inserted, on 1 December 2004, by section 62 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 184(1A)(a): amended, on 6 March 2015, by section 72 of the Employment Relations Amendment Act 2014 (2014 No 61).