Employment Relations (Prescribed Matters) Regulations 2000

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Reprint
as at 1 April 2004

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Employment Relations (Prescribed Matters) Regulations 2000

(SR 2000/185)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 18th day of September 2000

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Department of Labour.


Pursuant to section 237 of the Employment Relations Act 2000, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Employment Relations (Prescribed Matters) Regulations 2000.

2 Commencement
  • These regulations come into force on 2 October 2000.

3 Interpretation
4 Application to register society as union to be made by officer of society in prescribed form
  • An application under section 13(2) of the Act by a society to the Registrar of Unions to be registered as a union must be in form 1 and be made by an officer of the society.

5 Certificate of registration of society as union
6 Record of strike or lockout
7 Demand notice

Schedule
Forms

rr 4–7

Form 1
Application for society to register as a union

r 4

Section 13(2), Employment Relations Act 2000

Name of the society: [insert name]

Date of application: [insert date]

  • 1 This application is made by [insert name] of [insert address].

  • 2 I hold the position of [insert office held] in the society.

  • 3 Accompanying this application are—

    • (b) a copy of the society's rules as registered under that Act; and

    • (c) a statutory declaration made by myself (or another officer of the society) setting out the reasons why the society is entitled to be registered as a union.

...........................
Signature of officer


Form 2
Certificate of registration as a union under the Employment Relations Act 2000

r 5

Section 15(2), Employment Relations Act 2000

Registration No: .............

This is to certify that on [insert date], [insert name of society] was registered as a union under the Employment Relations Act 2000.

Dated at ............. this ....... day of ............. 20...

...........................
Registrar of Unions


Form 3
Record of strike or lockout

r 6

Section 98(a), Employment Relations Act 2000

.
.
.
Meaning of strike and lockout in the Employment Relations Act 2000
  • 81 Meaning of strike

  • (1) In this Act, strike means an act that—

    • (a) is the act of a number of employees who are or have been in the employment of the same employer or of different employers—

      • (i) in discontinuing that employment, whether wholly or partially, or in reducing the normal performance of it; or

      • (ii) in refusing or failing after any such discontinuance to resume or return to their employment; or

      • (iii) in breaking their employment agreements; or

      • (iv) in refusing or failing to accept engagement for work in which they are usually employed; or

      • (v) in reducing their normal output or their normal rate of work; and

    • (b) is due to a combination, agreement, common understanding, or concerted action, whether express or implied, made or entered into by the employees.

  • (2) In this Act, strike does not include an employees’ meeting authorised—

    • (a) by an employer; or

    • (b) by an employment agreement; or

    • (c) by this Act.

  • (3) In this Act, to strike means to become a party to a strike.

  • 82 Meaning of lockout

  • (1) In this Act, lockout means an act that—

    • (a) is the act of an employer—

      • (i) in closing the employer’s place of business, or suspending or discontinuing the employer’s business or any branch of that business; or

      • (ii) in discontinuing the employment of any employees; or

      • (iii) in breaking some or all of the employer’s employment agreements; or

      • (iv) in refusing or failing to engage employees for any work for which the employer usually employs employees; and

    • (b) is done with a view to compelling employees, or to aid another employer in compelling employees, to—

      • (i) accept terms of employment; or

      • (ii) comply with demands made by the employer.

  • (2) In this Act, to lock out means to become a party to a lockout.

Form 4
Demand notice

r 7

Section 224(1), Employment Relations Act 2000

To [insert full name of employer], of [insert address].

  • 1 This demand notice is being served on you in your capacity as the employer (or former employer) of [insert full name of employee] (the employee).

or
  • 4 I have given you not less than 7 days to comment on the complaint (or the grounds for my belief).

  • 5 I am satisfied, after having considered any comments made by you, that the employee is entitled to the amount specified.

  • 6 I am satisfied that you are not willing to pay the amount specified in a reasonable manner or within a reasonable time.

Demand

  • 7 I demand by this notice that you pay to the employee the amount specified.

Objection

  • 8 Both your right to lodge an objection to this demand notice and the consequences of this notice are specified in the additional information for the employer that is supplied with this notice.

Dated at ............. this ....... day of ............. 20...

...........................
Labour Inspector


Additional information for the employer Your right to lodge an objection

  • (1) You may lodge with the Employment Relations Authority, within 28 days after this demand notice is served on you, an objection to this demand notice.

Consequences of this demand notice

  • (2) This demand notice has the consequences specified in paragraphs (3) to (6)—

    • (a) if no objection is lodged before the close of the period of 28 days specified in paragraph (1); or

    • (b) if any objection lodged before the close of that period is withdrawn (whether before or after the close of that period).

Imposition of legal requirement

  • (3) This demand notice imposes a legal requirement on you to comply with it.

Evidence of amount owed

  • (4) This demand notice is prima facie evidence before the Employment Court or the Employment Relations Authority (or, for the purposes of paragraph (6), before a District Court) that you owe to the employee the amount specified in this notice.

Enforcement by compliance order

  • (5) This demand notice may be enforced by the making by the Employment Relations Authority of a compliance order under section 137 of the Employment Relations Act 2000.

Enforcement as judgment debt

  • (6) This demand notice is enforceable as a judgment debt under section 141 of the Employment Relations Act 2000.

  • Schedule form 4: amended, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).

Martin Bell,
for Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 21 September 2000.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Employment Relations (Prescribed Matters) Regulations 2000. The reprint incorporates all the amendments to the regulations as at 1 April 2004, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)