138 Further provisions relating to compliance order by Authority


The power given to the Authority by section 137(2) may be exercised by the Authority—


of its own motion; or


on the application of—


any party to the matter; or



in the case of sections 223C, 223D(6), and 225(4)(c), a Labour Inspector.


Before exercising its power under section 137(2) in relation to a person who is not a party to the matter, the Authority must give that person an opportunity to appear or be represented before the Authority.


Any time specified by the Authority under section 137 may from time to time be extended by the Authority on the application of the person who is required to obey the order.


A compliance order of the kind described in section 137(2)


may be made subject to such terms and conditions as the Authority thinks fit (including conditions as to the actions of the applicant); and


may be expressed to continue in force until a specified time or the happening of a specified event.


If the compliance order relates in whole or in part to the payment to an employee of a sum of money, the Authority may order payment to the employee by instalments, but only if the financial position of the employer requires it.


Where the Authority makes a compliance order of the kind described in section 137(2), it may then adjourn the matter, without imposing any penalty or making a final determination, to enable the compliance order to be complied with while the matter is adjourned.


Where any person fails to comply with a compliance order made under section 137, the person affected by the failure may apply to the court for the exercise of its powers under section 140(6).

Compare: 1991 No 22 s 55(3)–(7)

Section 138(1)(b): substituted, on 5 May 2003, by section 33(5) of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

Section 138(1)(b)(ii): repealed, on 4 April 2016, by section 11 of the Employment Relations Amendment Act 2015 (2015 No 73).

Section 138(1)(b)(iii): added, on 1 April 2011, by section 20 of the Employment Relations Amendment Act 2010 (2010 No 125).

Section 138(4A): inserted, on 1 December 2004, by section 46 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).