Employment Relations Act 2000

139 Power of court to order compliance

(1)

This section applies where any person has not observed or complied with—

(a)

any provision of Part 8; or

(b)

any order, determination, direction, or requirement made or given under this Act by the court.

(1A)

This section also applies to a person in relation to whom the court has made a declaration of breach under section 142B.

(2)

Where this section applies, the court may, in addition to any other power it may exercise, by order require, in or in conjunction with any proceedings under this Act to which that person is a party or in respect of which that person is a witness, that person to do any specified thing or to cease any specified activity, for the purpose of preventing further non-observance of or non-compliance with that provision, order, determination, direction, requirement, or (in the case of a declaration of breach) the provision that the declaration relates to.

(3)

The court must specify a time within which the order is to be obeyed.

(4)

Where any person (being an employee, employer, union, or employer organisation) alleges that that person has been affected by a non-observance or non-compliance of the kind described in subsection (1), that person may commence proceedings against any other person in respect of the non-observance or non-compliance by applying to the court for an order of the kind described in subsection (2).

Compare: 1991 No 22 s 56(1), (2)

Section 139(1A): inserted, on 1 April 2016, by section 15(1) of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 139(2): amended, on 1 April 2016, by section 15(2) of the Employment Relations Amendment Act 2016 (2016 No 9).