173 Procedure


The Authority, in exercising its powers and performing its functions, must—


comply with the principles of natural justice; and


act in a manner that is reasonable, having regard to its investigative role.


The Authority may exercise its powers under section 160 in the absence of 1 or more of the parties.


However, if the Authority acts under subsection (2), the Authority must provide an absent party with—


any material it receives that is relevant to the case of the absent party; and


an opportunity to comment on the material before the Authority takes it into account.


To avoid doubt, subsections (2) and (3) do not limit the powers of the Authority to make ex parte orders (except a freezing order or search order as provided for in the High Court Rules 2016).


The Authority may meet with the parties at the times and places fixed by a member of the Authority or an officer of the Authority.


Meetings of the Authority may be adjourned from time to time and from place to place by a member of the Authority or an officer of the Authority designated for the purpose by the chief executive, whether at any meeting or at any time before the time fixed for the meeting.

Section 173: substituted, on 1 April 2011, by section 33 of the Employment Relations Amendment Act 2010 (2010 No 125).

Section 173(4): amended, on 18 October 2016, by section 183(c) of the Senior Courts Act 2016 (2016 No 48).