Employment Court Regulations 2000

Reprint as at 1 April 2011

Employment Court Regulations 2000

(SR 2000/250)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 20th day of November 2000

Present:
The Right Hon Helen Clark presiding 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.

Contents

1 Title

2 Commencement

3 Interpretation

4 Determination of proceedings

5 Filing by post

6 Procedure

6A Challenge in respect of dismissal of frivolous or vexatious proceedings

Proceedings

7 Challenges to determinations of Authority

8 Other proceedings

9 Proceedings founded on tort and proceedings for grant of injunctions

10 Proceedings on application for review

10A Statement of claim: challenge in respect of dismissal of frivolous or vexatious proceedings

11 Statement of claim

12 Service of statement of claim

13 Summary of argument

13A Application for leave

Special leave to remove matter to court

14 Application for special leave to remove matter to court

15 Service of application for special leave

16 Opposition to application for special leave

Joinder of causes of action

17 Joinder of causes of action

18 Power of court to order separate hearings

Statement of defence

19 Obligation to file statement of defence

20 Statement of defence

21 Response where hearing de novo not sought

Presentation of cases

22 Right to begin

Place for filing documents

23 Place for filing statement of claim under regulation 7

24 Place for filing other originating documents

25 Place of hearing

26 Place for filing other documents

Service

27 Address for service

28 Service of notices and documents

29 Service on New Zealand corporations

29A Service in New Zealand on overseas companies

30 Service on unincorporated societies

31 Service on partnership or apparent partnership

31A Leave to serve statement of claim on overseas party

31B Service on overseas party in convention country

31C Service on overseas party in other circumstances

31D Overseas party may file objection to jurisdiction

31E Time within which overseas party to file objection to jurisdiction or statement of defence

31F Application of regulations 27 to 31 to service on overseas party

31G Court may decline jurisdiction

Translations into Maori

32 Translations into Maori

Witnesses

33 Witness summons

34 Service of witness summons

35 Witnesses’ expenses

Disbursements and witnesses’ expenses

36 Power of Registrar to fix disbursements and witnesses’ expenses

Mutual disclosure and inspection of documents

37 Object

38 Relevant documents

39 Applicability

40 Availability of disclosure

41 Time for disclosure

42 Notice requiring disclosure

43 Duty to comply

44 Objections to disclosure

45 Challenges to objections

46 Verification of disclosure

47 Power of court to make verification order

48 Verifying statements

49 Business book entries

50 Continuing obligation

51 Conditions of disclosure

52 Consequence of failure to comply

Notice of hearing

53 Notice of hearing

Conference

54 Power to convene conference

System for management of hearings

55 Application of system for management of hearings

56 Object of management system

57 Plaintiff’s management memorandum

58 Defendant’s management memorandum

59 Contents of each management memorandum

Management meeting

60 Management meeting

Rehearing

61 Application for rehearing

62 Service of application for rehearing

63 Opposition to application for rehearing

Stay of proceedings

64 Power to order stay of proceedings

65 Application for stay of proceedings

66 Service of application for stay of proceedings

67 Opposition to application

Costs

68 Discretion as to costs

69 Security for costs

Certificate of judgment

70 Power of Registrar to issue certificate of judgment

Offences

71 Prosecutions for offences

72 Records in respect of offences

Miscellaneous provisions

73 Validation of informal proceedings, etc

74 Joinder, waiver, and extension of time

74A What happens to timing when court is closed

74B What happens to timing in Christmas period

Fees

75 Fees

Revocations and saving

76 Revocations and saving

Schedule 1
Forms

Schedule 2
Provisions having effect in relation to prosecutions for offences

Schedule 3
Fees

Gazette information

Reprint notes

Regulations