Employment Relations Amendment Act 2016

Reprint as at 1 March 2017

Coat of Arms of New Zealand

Employment Relations Amendment Act 2016

Public Act
 
2016 No 9
Date of assent
 
17 March 2016
Commencement
 
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Principal Act
4Section 3 amended (Object of this Act)
5New section 4B and cross-heading inserted
4BEmployer’s general obligation to keep records relating to minimum entitlement provisions
6Section 5 amended (Interpretation)
7Section 64 amended (Employer must retain copy of individual employment agreement or individual terms and conditions of employment)
8Section 65 amended (Form and content of individual employment agreement)
9New sections 67C to 67H inserted
67CAgreed hours of work
67DAvailability provision
67EEmployee may refuse to perform certain work
67FEmployee not to be treated adversely because of refusal to perform certain work
67GCancellation of shifts
67HSecondary employment provisions
10Section 103 amended (Personal grievance)
11Section 130 amended (Wages and time record)
12New section 133A inserted (Matters Authority and court to have regard to in determining amount of penalty)
133AMatters Authority and court to have regard to in determining amount of penalty
13Section 135 amended (Recovery of penalties)
14New section 135A inserted (Chief executive or Labour Inspector may enforce payment of penalty)
135AChief executive or Labour Inspector may enforce payment of penalty
15Section 139 amended (Power of court to order compliance)
16New section 140AA inserted (Sanctions for breaches without compliance order)
140AASanctions for breaches without compliance order
17Section 140 amended (Further provisions relating to compliance order by court)
18Section 141 amended (Enforcement of order)
19New Part 9A inserted
142AObject of this Part
142BCourt may make declarations of breach
142CPurpose and effect of declarations of breach
142DWhat declaration of breach must state
142EPecuniary penalty orders
142FMatters court to have regard to in determining amount of pecuniary penalty
142GMaximum amount of pecuniary penalty
142HChief executive or Labour Inspector may enforce payment of pecuniary penalty
142ILimitation period for actions for pecuniary penalty orders
142JCourt may make compensation orders
142KApplication of section 132 of this Act and section 83 of Holidays Act 2003
142LTerms of compensation orders
142MBanning orders
142NTerms of banning order
142ODuration of banning order
142PVariation of banning order
142QGeneral provisions for banning orders
142ROffence to breach banning order
142SStandard of proof
142TMore than one kind of order may be made for same breach
142UNo pecuniary penalty and criminal sanction or other penalty for same conduct
142VInsurance against pecuniary penalties unlawful
142WInvolvement in breaches
142XPerson involved in breach liable to penalty
142YWhen person involved in breach liable for default in payment of wages or other money due to employee
142ZState of mind of directors, employees, or agents attributed to body corporate or other principal
142ZAConduct of directors, employees, or agents attributed to body corporate or other principal
142ZBProceedings in which defences apply
142ZCDefences for person in breach
142ZDDefences for person involved in breach
20Section 148A amended (Minimum entitlements)
21Section 159 amended (Duty of Authority to consider mediation)
22New section 159AA inserted (When mediation in relation to breach of employment standards is appropriate)
159AAWhen mediation in relation to breach of employment standards is appropriate
23Section 187 amended (Jurisdiction of court)
24Section 188 amended (Role in relation to jurisdiction)
25New section 188A inserted (When mediation in relation to breach of employment standards is appropriate)
188AWhen mediation in relation to breach of employment standards is appropriate
26Section 212 amended (Court may make rules)
27New section 214AA inserted (Appeals against decisions under Part 9A)
214AAAppeals against decisions under Part 9A
28Section 217 amended (Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of court)
29New section 223AAA and cross-heading inserted
223AAAFunctions of chief executive
30Section 223A amended (Functions of Labour Inspector)
31Section 228 amended (Actions by Labour Inspector)
32Section 229 amended (Powers of Labour Inspectors)
33Section 233 amended (Obligations of Labour Inspectors)
34New sections 233A and 233B inserted
233AObligation of Labour Inspector and department not to disclose information
233BInformation sharing
35Section 234 repealed (Circumstances in which officers, directors, or agents of company liable for minimum wages and holiday pay)
36New sections 235A to 235G and cross-heading inserted
235AInterpretation
235BInfringement offences
235CInfringement notices
235DProcedural requirements for infringement notices
235EInfringement fees
235FPayment of infringement fee
235GInfringement fee and penalty not payable for the same conduct
37Section 237 amended (Regulations)
38Schedule 1AA amended
39Consequential amendments
Reprint notes

The Parliament of New Zealand enacts as follows: