159 Duty of Authority to consider mediation

(1)

Where any matter comes before the Authority for determination, the Authority—

(a)

must, whether through a member or through an officer, first consider whether an attempt has been made to resolve the matter by the use of mediation; and

(b)

must direct that mediation or further mediation, as the case may require, be used before the Authority investigates the matter, unless the Authority considers that the use of mediation or further mediation—

(i)

will not contribute constructively to resolving the matter; or

(ii)

will not, in all the circumstances, be in the public interest; or

(iii)

will undermine the urgent or interim nature of the proceedings; or

(iv)

will be otherwise impractical or inappropriate in the circumstances; and

(c)

must, in the course of investigating any matter, consider from time to time, as the Authority thinks fit, whether to direct the parties to use mediation.

(1A)

[Repealed]

(2)

Where the Authority gives a direction under subsection (1)(b) or subsection (1)(c), the parties must comply with the direction and attempt in good faith to reach an agreed settlement of their differences, and proceedings in relation to the request before the Authority are suspended until the parties have done so or the Authority otherwise directs (whichever first occurs).

(3)

This section applies subject to section 159AA.

Section 159(1)(b)(iii): amended, on 1 April 2011, by section 27(1) of the Employment Relations Amendment Act 2010 (2010 No 125).

Section 159(1)(b)(iv): added, on 1 April 2011, by section 27(1) of the Employment Relations Amendment Act 2010 (2010 No 125).

Section 159(1A): repealed, on 1 April 2016, by section 21(1) of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 159(3): inserted, on 1 April 2016, by section 21(2) of the Employment Relations Amendment Act 2016 (2016 No 9).