Employment Relations Act 2000

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Reprint as at 28 September 2017

Employment Relations Act 2000

Public Act		2000 No 24
Date of assent		19 August 2000
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.

1	Title
2	Commencement
	Part 1 Key provisions
3	Object of this Act
	Good faith employment relations
4	Parties to employment relationship to deal with each other in good faith
4A	Penalty for certain breaches of duty of good faith
	Records relating to minimum entitlement provisions
4B	Employer’s general obligation to keep records relating to minimum entitlement provisions
	Part 2 Preliminary provisions
	Interpretation
5	Interpretation
5A	Provisions affecting application of amendments to this Act
6	Meaning of employee
6A	Status of examples
	Part 3 Freedom of association
7	Object of this Part
8	Voluntary membership of unions
9	Prohibition on preference
10	Contracts, agreements, or other arrangements inconsistent with section 8 or section 9
11	Undue influence
	Part 4 Recognition and operation of unions
12	Object of this Part
	Registration of unions and related matters
13	Application by society to register as union
14	When society entitled to be registered as union
15	Registration of society as union
16	Annual return of members
17	Cancellation of union’s registration
	Union’s right to represent members
18	Union entitled to represent members’ interests
	Access to workplaces
19	Workplace does not include dwellinghouse
20	Access to workplaces
20A	Representative of union must obtain consent to enter workplace
21	Conditions relating to access to workplaces
22	When access to workplaces may be denied
23	When access to workplaces may be denied on religious grounds
24	Issue of certificate of exemption
25	Penalty for certain acts in relation to entering workplace
	Union meetings
26	Union meetings
	Registrar of Unions
27	Registrar of Unions
28	Registrar of Unions may seek directions of Authority
29	Persons who have standing in proceedings relating to unions
30	Offence to mislead Registrar
	Part 5 Collective bargaining
31	Object of this Part
	Good faith
32	Good faith in bargaining for collective agreement
33	Duty of good faith does not require collective agreement to be concluded
34	Providing information in bargaining for collective agreement
	Codes of good faith
35	Codes of good faith
36	Appointment of committee to recommend codes of good faith
37	Minister may approve code of good faith not recommended by committee
38	Amendment and revocation of code of good faith
39	Authority or court may have regard to code of good faith
	Bargaining
40	Who may initiate bargaining
41	When bargaining may be initiated
42	How bargaining initiated
43	Employees’ attention to be drawn to initiation of bargaining
44	When bargaining initiated
44A	Employer may opt out of bargaining for collective agreement, or for agreement to join collective agreement, involving 2 or more employers
44B	How to opt out
44C	Effect of opting out
45	One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement
46	Terms of question for secret ballot
47	When secret ballots required after employer initiates bargaining for single collective agreement
48	When requirement for secret ballot does not apply
49	Parties joining bargaining after it begins
50	Consolidation of bargaining
	Facilitating bargaining
50A	Purpose of facilitating collective bargaining
50B	Reference to Authority
50C	Grounds on which Authority may accept reference
50D	Limitation on which member of Authority may provide facilitation
50E	Process of facilitation
50F	Statements made by parties during facilitation
50G	Proposals made or positions reached during facilitation
50H	Recommendation by Authority
50I	Party must deal with Authority in good faith
	Determining collective agreement if breach of duty of good faith
50J	Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining
	Authority may determine that bargaining has concluded
50K	Authority may determine that bargaining has concluded
50KA	Declaration or determination under section 50K not to be made if breach of duty of good faith by party seeking declaration
	Collective agreements
51	Ratification of collective agreement
52	When collective agreement comes into force and expires
53	Continuation of collective agreement after specified expiry date
54	Form and content of collective agreement
55	Deduction of union fees
56	Application of collective agreement
56A	Application of collective agreement to subsequent parties
57	Employee bound by only 1 collective agreement in respect of same work
58	Employee who resigns as member of union but does not resign as employee
59	Copy of collective agreement to be delivered to chief executive
	Undermining collective bargaining or collective agreement
59A	Interpretation
59B	Breach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement
59C	Breach of duty of good faith to pass on, in certain circumstances, in collective agreement provisions agreed in other collective bargaining or another collective agreement
	Part 6 Individual employees’ terms and conditions of employment
60	Object of this Part
60A	Good faith in bargaining for individual employment agreement
61	Employee bound by applicable collective agreement may agree to additional terms and conditions of employment
62	Employer’s obligations in respect of new employee who is not member of union
63	Terms and conditions of employment of new employee who is not member of union [Repealed]
63A	Bargaining for individual employment agreement or individual terms and conditions in employment agreement
64	Employer must retain copy of individual employment agreement or individual terms and conditions of employment
65	Form and content of individual employment agreement
65A	Deduction of union fees
66	Fixed term employment
67	Probationary arrangements
67A	When employment agreement may contain provision for trial period for 90 days or less
67B	Effect of trial provision under section 67A
67C	Agreed hours of work
67D	Availability provision
67E	Employee may refuse to perform certain work
67F	Employee not to be treated adversely because of refusal to perform certain work
67G	Cancellation of shifts
67H	Secondary employment provisions
68	Unfair bargaining for individual employment agreements
69	Remedies for unfair bargaining
	Part 6AA Flexible working
69AA	Object of this Part
69AAA	Interpretation
	Employee’s statutory right to make request
69AAB	When employee may make request
69AAC	Requirements relating to request
69AAD	Limitation on frequency of requests [Repealed]
	Duties of employer
69AAE	Employer must notify decision as soon as possible
69AAF	Grounds for refusal of request by employer
	Resolving disputes
69AAG	Role of Labour Inspector
69AAH	Labour Inspectors and mediation
69AAI	Application to Authority
69AAJ	Penalty
69AAK	Limitation on challenging employer
	Review of Part [Repealed]
69AAL	Review of operation of Part after 2 years [Repealed]
	Part 6A Continuity of employment if employees’ work affected by restructuring
	Subpart 1—Specified categories of employees
69A	Object of this subpart
69B	Interpretation
69C	Meaning of contracting in, contracting out, and subsequent contracting
69CA	Exempt employer
69CB	Warranty
69CC	Persons warranty to be provided to
69CD	Provision of information for purposes of giving warranty
69CE	When warranty must be provided
69D	Meaning of new employer
69DA	Associated person
69E	Examples of contracting in, contracting out, and subsequent contracting
69F	Application of this subpart
69FA	Employer’s breach of obligations not to affect employee’s rights and new employer’s obligations
69G	Notice of right to make election
69H	Employee bargaining for alternative arrangements
69I	Employee may elect to transfer to new employer in certain circumstances
69J	Employment of employee who elects to transfer to new employer treated as continuous
69K	Terms and conditions of employment of transferring employee under fixed term employment
69L	Agreements excluding entitlements for technical redundancy not affected
69LA	Liability for costs of service-related entitlements of transferring employee
69LB	Resolving disputes about apportioning liability for costs of service-related entitlements
69LC	Implied warranty by employer of transferring employees
69M	New employer becomes party to collective agreement that binds employee electing to transfer
69N	Employee who transfers may bargain for redundancy entitlements with new employer
69O	Authority may investigate bargaining and determine redundancy entitlements
69OAA	False warranty: exempt employer
	Subpart 2—Disclosure of information relating to transfer of employees
69OA	Object of this subpart
69OB	Interpretation
69OC	Disclosure of employee transfer costs information
69OD	Provision of employee transfer costs information by other persons
69OE	Updating disclosure of employee transfer costs information
69OEA	Disclosure of individualised employee information
69OF	Employer who is subject to Official Information Act 1982
69OG	Subpart prevails over agreement
	Subpart 3—Other employees
69OH	Object of this subpart
69OI	Interpretation
69OJ	Collective agreements and individual employment agreements must contain employee protection provision
69OK	Affected employee may choose whether to transfer to new employer
	Subpart 4—Review of Part [Repealed]
69OL	Review of operation of Part after 3 years [Repealed]
	Part 6B Bargaining fees
69P	Interpretation
69Q	Bargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot
69R	Employer to notify employees if bargaining fee clause agreed to
69S	Which employees bargaining fee clause applies to
69T	Bargaining fee clause binding on employer and employee
69U	Amount of bargaining fee
69V	Expiry of bargaining fee clause
69W	Validity of bargaining fee clause
	Part 6C Breastfeeding facilities and breaks
69X	Interpretation
69Y	Employer’s obligation
69Z	Breastfeeding breaks additional to breaks under Part 6D
69ZA	Code of employment practice relating to employer’s obligation
69ZB	Penalty
	Part 6D Rest breaks and meal breaks
69ZC	Interpretation
69ZD	Employee’s entitlement to rest breaks and meal breaks
69ZE	Timing and duration of rest breaks and meal breaks
69ZEA	Compensatory measures
69ZEB	Compensatory measure must be reasonable
69ZF	Penalty
69ZG	Relationship between Part and employment agreements
69ZH	Relationship between Part and other enactments
	Part 7 Employment relations education leave
70	Object of this Part
71	Interpretation
72	Minister to approve employment relations education
73	Union entitled to allocate employment relations education leave
74	Calculation of maximum number of days of employment relations education leave
75	Union to notify employer of maximum number of days of employment relations education leave calculated
76	Allocation of employment relations education leave calculated in respect of another employer
77	Allocation of employment relations education leave to eligible employee
78	Eligible employee proposing to take employment relations education leave
79	Eligible employee taking employment relations education leave entitled to ordinary pay
	Part 8 Strikes and lockouts
80	Object of this Part
	Interpretation
81	Meaning of strike
82	Meaning of lockout
	Lawfulness of strikes and lockouts
82A	Requirement for union to hold secret ballot before strike
82B	Terms of question for secret ballot
82C	When requirement for secret ballot does not apply
83	Lawful strikes and lockouts related to collective bargaining
84	Lawful strikes and lockouts on grounds of safety or health
85	Effect of lawful strike or lockout
86	Unlawful strikes or lockouts
	Notice of strike or lockout
86A	Notice of strike
86B	Notice of lockout
	Suspension of employees during strikes
87	Suspension of striking employees
88	Suspension of non-striking employees where work not available during strike
89	Basis of suspension
	Essential services
90	Strikes in essential services
91	Lockouts in essential services
92	Chief executive to ensure mediation services provided
	Procedure to provide public with notice before strike or lockout in certain passenger transport services
93	Procedure to provide public with notice before strike in certain passenger transport services
94	Procedure to provide public with notice before lockout in certain passenger transport services
95	Penalty for breach of section 93(4) or 94(4)
	Withdrawal of notice of strike or lockout
95AA	Withdrawal of notice of strike or lockout
	Interpretation
95A	Meaning of partial strike and specified pay deduction
	Specified pay deductions in relation to partial strike
95B	Employer may make specified pay deductions in relation to partial strike
95C	Notice of specified pay deduction
95D	Calculation of specified pay deduction
95E	Relationship between specified pay deduction and minimum wage
	Rights of union in relation to specified pay deductions
95F	Union may request information about specified pay deduction
95G	Employer must respond to request for information about specified pay deduction
95H	Resolution of problem relating to specified pay deduction
	Employer’s liability for wages during lockout
96	Employer not liable for wages during lockout
	Performance of duties of striking or locked out employees
97	Performance of duties of striking or locked out employees
	Record of strikes and lockouts
98	Record of strikes and lockouts
	Jurisdiction of Employment Court
99	Jurisdiction of court in relation to torts
100	Jurisdiction of court in relation to injunctions
	Part 8A Codes of employment practice and code of good faith for public health sector
	Codes of employment practice
100A	Codes of employment practice
100B	Amendment and revocation of code of practice
100C	Authority or court may have regard to code of practice
	Code of good faith for public health sector
100D	Code of good faith for public health sector
100E	Amendments to or replacement of code of good faith for public health sector
100F	Code of good faith for employment relationships in relation to provision of services by New Zealand Police
100G	Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police
	Part 9 Personal grievances, disputes, and enforcement
	Object
101	Object of this Part
	Personal grievances
102	Employee may pursue personal grievance under this Act
103	Personal grievance
103A	Test of justification
104	Discrimination
105	Prohibited grounds of discrimination for purposes of section 104
106	Exceptions in relation to discrimination
107	Definition of involvement in activities of union for purposes of section 104
108	Sexual harassment
109	Racial harassment
110	Duress
110A	Adverse conduct for prohibited health and safety reason
111	Definitions relating to personal grievances
112	Choice of procedures
113	Personal grievance provisions only way to challenge dismissal
114	Raising personal grievance
115	Further provision regarding exceptional circumstances under section 114
116	Special provision where sexual harassment alleged
117	Sexual or racial harassment by person other than employer
118	Sexual or racial harassment after steps not taken to prevent repetition
119	Presumption in discrimination cases
120	Statement of reasons for dismissal
121	Statements privileged
122	Nature of personal grievance may be found to be of different type from that alleged
	Remedies in relation to personal grievances
123	Remedies
124	Remedy reduced if contributing behaviour by employee
125	Remedy of reinstatement
126	Provisions applying if reinstatement ordered
127	Authority may order interim reinstatement
128	Reimbursement
	Disputes
129	Person bound by, or party to, employment agreement may pursue dispute under this Act
	Recovery of wages
130	Wages and time record
131	Arrears
132	Failure to keep or produce records
	Penalties
133	Jurisdiction concerning penalties
133A	Matters Authority and court to have regard to in determining amount of penalty
134	Penalties for breach of employment agreement
134A	Penalty for obstructing or delaying Authority investigation
135	Recovery of penalties
135A	Chief executive or Labour Inspector may enforce payment of penalty
136	Application of penalties recovered
	Compliance orders
137	Power of Authority to order compliance
138	Further provisions relating to compliance order by Authority
139	Power of court to order compliance
140	Further provisions relating to compliance order by court
140AA	Sanctions for breaches without compliance order
140A	Compliance order in relation to disclosure of employee transfer costs information and individualised employee information
	Enforcement of order
141	Enforcement of order
	Limitation period for actions other than personal grievances
142	Limitation period for actions other than personal grievances
	Part 9A Additional provisions relating to enforcement of employment standards
142A	Object of this Part
	Declarations of breach
142B	Court may make declarations of breach
142C	Purpose and effect of declarations of breach
142D	What declaration of breach must state
	Pecuniary penalty orders
142E	Pecuniary penalty orders
142F	Matters court to have regard to in determining amount of pecuniary penalty
142G	Maximum amount of pecuniary penalty
142H	Chief executive or Labour Inspector may enforce payment of pecuniary penalty
142I	Limitation period for actions for pecuniary penalty orders
	Compensation orders
142J	Court may make compensation orders
142K	Application of section 132 of this Act and section 83 of Holidays Act 2003
142L	Terms of compensation orders
	Banning orders
142M	Banning orders
142N	Terms of banning order
142O	Duration of banning order
142P	Variation of banning order
142Q	General provisions for banning orders
142R	Offence to breach banning order
	Standard of proof
142S	Standard of proof
	Interrelationship of orders
142T	More than one kind of order may be made for same breach
142U	No pecuniary penalty and criminal sanction or other penalty for same conduct
	Insurance against pecuniary penalties unlawful and of no effect
142V	Insurance against pecuniary penalties unlawful
	Liability of persons involved in breach, bodies corporate, and principals
142W	Involvement in breaches
142X	Person involved in breach liable to penalty
142Y	When person involved in breach liable for default in payment of wages or other money due to employee
142Z	State of mind of directors, employees, or agents attributed to body corporate or other principal
142ZA	Conduct of directors, employees, or agents attributed to body corporate or other principal
	Defences relating to breach of minimum entitlement provisions
142ZB	Proceedings in which defences apply
142ZC	Defences for person in breach
142ZD	Defences for person involved in breach
	Part 10 Institutions
143	Object of this Part
	Mediation services
144	Mediation services
144A	Dispute resolution services
145	Provision of mediation services
146	Access to mediation services
147	Procedure in relation to mediation services
148	Confidentiality
148A	Certain entitlements may be subject to mediation and agreed terms of settlement
149	Settlements
149A	Recommendation to parties
150	Decision by authority of parties
150A	Payment on resolution of problem
151	Enforcement of terms of settlement agreed or authorised
152	Mediation services not to be questioned as being inappropriate
153	Independence of mediation personnel
154	Other mediation services
155	Arbitration
	Employment Relations Authority
156	Employment Relations Authority
157	Role of Authority
158	Lodging of applications
159	Duty of Authority to consider mediation
159AA	When mediation in relation to breach of employment standards is appropriate
159A	Duty of Authority to prioritise previously mediated matters
160	Powers of Authority
161	Jurisdiction
162	Application of law relating to contracts
163	Restriction on Authority’s power in relation to collective agreements
164	Application to individual employment agreements of law relating to contracts
165	Other provisions relating to investigations of Authority
166	Membership of Authority
166A	Role of Chief of Authority
166B	Delegation of Chief of Authority’s functions, duties, or powers
167	Appointment of members
168	Oath of office
169	Term of office
170	Vacation of office
171	Salaries and allowances
172	Temporary appointments
172A	Reports from Inspector-General of Intelligence and Security
173	Procedure
173A	Recommendation to parties
174	Authority must give oral determination or oral indication of preliminary findings wherever practicable
174A	Oral determinations
174B	Oral indication of preliminary findings
174C	Authority may reserve determination
174D	Authority may determine matter without holding investigation meeting
174E	Content of written determinations
175	Seal of Authority
176	Protection of members of Authority, etc
177	Referral of question of law
178	Removal to court
178A	Challenge in respect of dismissal of frivolous or vexatious proceedings
179	Challenges to determinations of Authority
179A	Limitation on challenges to certain determinations of Authority
179B	Limitations on consideration by Employment Court of matters arising under Part 6AA
179C	Limitations on consideration by Employment Court of matters arising under section 30D of Parental Leave and Employment Protection Act 1987
180	Election not to operate as stay
181	Report in relation to good faith
182	Hearings
183	Decision
184	Restriction on review
185	Staff of Authority
	Employment Court
186	Employment Court
187	Jurisdiction of court
188	Role in relation to jurisdiction
188A	When mediation in relation to breach of employment standards is appropriate
189	Equity and good conscience
190	Application of other provisions
191	Other provisions relating to proceedings of court
192	Application to collective agreements of law relating to contracts
193	Proceedings not to be questioned
194	Application for review
194A	Application for review by certain employees
195	Non-attendance or refusal to co-operate
196	Contempt of court or Authority
197	Constitution of court
198	Registrar and officers of court
198A	Registrar may take affidavit
199	Seal of court
	Judges of the court
200	Appointment of Judges
200AA	Judge not to undertake other employment or hold other office
200AB	Protocol relating to activities of Judges
200A	Judges act on full-time basis but may be authorised to act part-time
201	Seniority
202	Senior Judge to act as Chief Judge in certain circumstances
203	Judges to have immunities of High Court Judges
204	Protection of Judges against removal from office
205	Age of retirement
206	Salaries and allowances of Judges
207	Appointment of acting Judges
208	Sittings
209	Full court
210	Quorum and decision of court
211	Statement of case for Court of Appeal
212	Court may make rules
	Review of proceedings
213	Review of proceedings before court
	Appeals
214	Appeals on question of law
214AA	Appeals against decisions under Part 9A
214A	Appeals to Supreme Court on question of law in exceptional circumstances
215	Court of Appeal may refer appeals back for reconsideration
	Special provision in respect of appeals
216	Obligation to have regard to special jurisdiction of court
	Other appeals
217	Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of court
218	Appeal to Court of Appeal in respect of order on application for review
	Miscellaneous provisions
219	Validation of informal proceedings, etc
220	Documents under seal and certain signatures to be judicially noticed
221	Joinder, waiver, and extension of time
222	Application of Official Information Act 1982
222A	Information regarding reserved judgments
222B	Recusal guidelines
222C	Judge may make order restricting commencement or continuation of proceeding
222D	Grounds for making section 222C order
222E	Terms of section 222C order
222F	Procedure and appeals relating to section 222C orders
	Part 11 General provisions
	Chief executive
223AAA	Functions of chief executive
	Labour Inspectors
223	Labour Inspectors
223A	Functions of Labour Inspector
	Enforceable undertakings
223B	Enforceable undertakings
223C	Enforcement of undertakings
	Improvement notices
223D	Labour Inspector may issue improvement notice
223E	Objection to improvement notice
223F	Penalty
223G	Withdrawal of improvement notice
	Demand notices
224	Demand notice
225	Objections to demand notice
226	Authority to determine objection
227	Withdrawal of demand notice
	Actions to recover wages or holiday pay, etc
228	Actions by Labour Inspector
	Powers
229	Powers of Labour Inspectors
230	Entry of dwellinghouses
231	Entry warrant
232	Compilation of wages and time record
233	Obligations of Labour Inspectors
233A	Obligation of Labour Inspector and department not to disclose information
233B	Information sharing
234	Circumstances in which officers, directors, or agents of company liable for minimum wages and holiday pay [Repealed]
235	Obstruction
	Infringement offences
235A	Interpretation
235B	Infringement offences
235C	Infringement notices
235D	Procedural requirements for infringement notices
235E	Infringement fees
235F	Payment of infringement fee
235G	Infringement fee and penalty not payable for the same conduct
	Representation
236	Representation
	Miscellaneous provisions
237	Regulations
237AA	Chief executive may approve forms
237A	Amendments to Schedule 1A [Repealed]
237B	Regulations providing for waiver, etc, of fees
237C	Postponement of fees
237D	Reviews of decisions of Registrars concerning fees
238	No contracting out
239	New Schedule 3 substituted in Police Act 1958
240	Consequential amendments
241	Repeals
	Transitional provisions
242	Enforcement of existing individual employment contracts
243	Enforcement of existing collective employment contracts
244	Existing collective employment contracts and collective bargaining
245	Existing procedures in relation to disputes and personal grievances
246	Expiration of existing collective employment contracts
247	Existing proceedings
248	Existing causes of action
249	Employment Tribunal
250	Exercise of powers of Employment Tribunal after 31 January 2001
251	Exercise of powers of Authority before close of 31 January 2001
252	Exercise by Authority of powers of Tribunal after 31 January 2001
253	Existing appointments
254	Application, savings, and transitional provisions relating to amendments to Act
	Schedule 1AA Application, savings, and transitional provisions relating to amendments made to this Act after 1 January 2013
	Schedule 1 Essential services
	Schedule 1A Employees to whom subpart 1 of Part 6A applies
	Schedule 1B Code of good faith for public health sector
	Schedule 1C Code of good faith for employment relationships in relation to provision of services by Police
	Schedule 2 Provisions having effect in relation to Employment Relations Authority
	Schedule 3 Provisions having effect in relation to Employment Court
	Schedule 4 New Schedule 3 of Police Act 1958
	Schedule 5 Enactments amended
	Schedule 6 Enactments repealed
	Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001
	Employment Relations Amendment Act (No 2) 2004
	Employment Relations Amendment Act 2006
	Employment Relations (Breaks, Infant Feeding, and Other Matters) Amendment Act 2008
	Employment Relations Amendment Act 2008
	Employment Relations (Film Production Work) Amendment Act 2010
	Employment Relations (Secret Ballot for Strikes) Amendment Act 2012
	Reprint notes

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