Employment Relations Act 2000

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196 Contempt of court or Authority


This section applies if any person—


wilfully insults a member of the Authority, a Judge, an officer of the Authority, a Registrar of the court, any other officer of the court, or any witness during his or her sitting or attendance in the Authority or the court, or in going to or returning from the Authority or the court; or


wilfully interrupts the proceedings of the Authority or the court or otherwise misbehaves in an investigation meeting or a hearing of the Authority or the court; or


wilfully and without lawful excuse disobeys any order or direction of the Authority or the court in the course of an investigation meeting or the hearing of any proceedings.


If this section applies,—


any constable or officer of the court, with or without the assistance of any other person, may, by order of the Authority or a Judge, take the person into custody and detain him or her until the rising of the Authority or the court; and


the Judge may, if he or she thinks fit, sentence the person to—


imprisonment for a period not exceeding 3 months; or


a fine not exceeding $5,000 for each offence; and


in default of payment of any such fine, the Judge may direct that the offender be imprisoned for any period not exceeding 3 months, unless the fine is sooner paid.


Nothing in this section limits or affects any power or authority of the court to punish any person for contempt of court in any case to which this section does not apply.

Compare: 2011 No 81 s 365

Section 196: replaced, on 1 March 2017, by section 6 of the Employment Relations Amendment Act (No 2) 2016 (2016 No 62).