149 Settlements

(1)

Where a problem is resolved, whether through the provision of mediation services or otherwise, any person—

(a)

who is employed or engaged by the chief executive to provide the services; and

(b)

who holds a general authority, given by the chief executive, to sign, for the purposes of this section, agreed terms of settlement,—

may, at the request of the parties to the problem, and under that general authority, sign the agreed terms of settlement.

(2)

Any person who receives a request under subsection (1) must, before signing the agreed terms of settlement,—

(a)

explain to the parties the effect of subsection (3); and

(b)

be satisfied that, knowing the effect of that subsection, the parties affirm their request.

(3)

Where, following the affirmation referred to in subsection (2) of a request made under subsection (1), the agreed terms of settlement to which the request relates are signed by the person empowered to do so,—

(a)

those terms are final and binding on, and enforceable by, the parties; and

(ab)

the terms may not be cancelled under sections 36 to 40 of the Contract and Commercial Law Act 2017; and

(b)

except for enforcement purposes, no party may seek to bring those terms before the Authority or the court, whether by action, appeal, application for review, or otherwise.

(3A)

For the purposes of subsection (3), a minor aged 16 years or over may be a party to agreed terms of settlement, and be bound by that settlement, as if the minor were a person of full age and capacity.

(4)

A person who breaches an agreed term of settlement to which subsection (3) applies is liable to a penalty imposed by the Authority.

Section 149(3)(ab): inserted, on 1 December 2004, by section 51(1) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 149(3)(ab): amended, on 1 September 2017, by section 347 of the Contract and Commercial Law Act 2017 (2017 No 5).

Section 149(3A): inserted, on 1 April 2011, by section 23 of the Employment Relations Amendment Act 2010 (2010 No 125).

Section 149(4): added, on 1 December 2004, by section 51(2) of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).