Employment Court Amendment Regulations 2011

2011/25

Coat of Arms of New Zealand

Employment Court Amendment Regulations 2011

Anand Satyanand, Governor-General

Order in Council

At Wellington this 28th day of February 2011

Present:
His Excellency the Governor-General in Council

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 Court Amendment Regulations 2011.

2 Commencement
  • These regulations come into force on 1 April 2011.

3 Principal regulations amended
4 New regulation 6A inserted
  • The following regulation is inserted before regulation 7:

    6A Challenge in respect of dismissal of frivolous or vexatious proceedings
    • (1) An election under section 178A of the Act is made by filing with the Registrar of the court, within the time prescribed by section 178A(2) of the Act, 3 copies of a statement of claim in form 1AA.

      (2) The statement of claim must be accompanied by a copy of the determination to which the election relates.

      (3) The prescribed fee must be paid at or before the time at which the statement of claim is filed.

5 New regulation 10A inserted
  • The following regulation is inserted after regulation 10:

    10A Statement of claim: challenge in respect of dismissal of frivolous or vexatious proceedings
    • (1) A statement of claim filed under regulation 6A must specify, in consecutively numbered paragraphs,—

      • (a) the general nature of the claim:

      • (b) the facts (but not the evidence of the facts) upon which the claim is based:

      • (c) any relevant employment agreement or employment contract or legislation and any provisions of the agreement or the contract or the legislation that are relied upon:

      • (d) the grounds of the claim.

      (2) The matters listed in subclause (1) must be specified with such reasonable particularity as to fully, fairly, and clearly inform the court and the defendant of—

      • (a) the nature and details of the claim; and

      • (b) the grounds upon which the relief set out in section 178A(4) of the Act is sought.

      (3) Each paragraph of a statement of claim must be concise and confined to 1 topic.

6 Schedule 1 amended
  • Schedule 1 is amended by inserting, before form 1, the form set out in the Schedule of these regulations.

7 Schedule 3 amended
  • Schedule 3 is amended by inserting, before item 1, the following item:

    • 1AAFiling statement of claim in form 1AA

    204.40

Schedule 
New form 1AA inserted in Schedule 1

r 6

Form 1AA
Statement of claim: challenge in respect of dismissal of frivolous or vexatious proceedings

r 6A

Section 178A, Employment Relations Act 2000

In the Employment Court

[Name of registry] Registry

No: [number of proceeding]

Election to have matter heard in the Employment Court

Between [full name, address]

(plaintiff)

And [full name, address]

(defendant)

To the defendant

and

To the Registrar of the Employment Court

Election
  • 1 I, the plaintiff, by filing this statement of claim, elect to have the Employment Court at [place] hear a matter dealt with in a determination of the Employment Relations Authority.

Determination
  • 2 I attach a copy of the determination to which this election relates.

Particulars of claim
  • 3, 4, 5 etc [State, in consecutively numbered paragraphs, the particulars required by regulation 10A of the Employment Court Regulations 2000.]

Hearing de novo
  • 6 I seek a full hearing of the entire matter (a hearing de novo).

Prescribed fee
  • 7 The prescribed fee accompanies this statement of claim/has already been paid*.

*Select one.

Date:

Signature (plaintiff):


Notice to defendant

  • 1 If you intend to defend the proceedings, you must—

    • (a) file a statement of defence with the Registrar of the Employment Court at [place] within—

      • (i) 30 (or the appropriate number if the court has given an extension for an overseas party) days after the date on which you were served this statement of claim, if you were served in New Zealand or the Commonwealth of Australia; or

      • (ii) 50 (or the appropriate number if the court has given an extension for an overseas party) days after the date on which you were served this statement of claim, if you were served outside New Zealand or the Commonwealth of Australia; and

    • (b) without delay, serve 1 copy of that statement of defence on the plaintiff.

  • 2 If you fail to file a statement of defence within the time allowed, you may defend the proceedings only with the leave of the court.

  • 3 You will be notified of the place, date, and time of the hearing of the claim.

Date:

Registrar of the Employment Court:


Details of person filing notice*

Filed by: [full name]

Address for service:

Telephone:

Fax:

Email:

Document exchange box number:

or

Filed by [full name] on behalf of the plaintiff:

Address for service:

Telephone:

Fax:

Email:

Document exchange box number:

*Although a full postal address must always be supplied, the supply of a telephone number and the supply for service of any fax number, document exchange box number, or email address is optional.

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 April 2011, amend the Employment Court Regulations 2000 by—

  • inserting new regulations 6A and 10A, and new form 1AA, which relate to the procedure and form to be used for challenging in the Employment Court a dismissal by the Employment Relations Authority of frivolous or vexatious proceedings; and

  • amending Schedule 3 (which relates to fees) to insert new item 1AA, which provides that the fee for filing a statement of claim in new form 1AA is $204.40.


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

Date of notification in Gazette: 3 March 2011.

These regulations are administered by the Department of Labour.