Employment Relations Act 2000

179 Challenges to determinations of Authority

(1)

A party to a matter before the Authority who is dissatisfied with a written determination of the Authority under section 174A(2), 174B(2), 174C(3), or 174D(2) (or any part of that determination) may elect to have the matter heard by the court.

(2)

An election under subsection (1) must be made in the prescribed manner and within 28 days after the date of the determination.

(3)

The election must—

(a)

specify the determination, or the part of the determination, to which the election relates; and

(b)

state whether or not the party making the election is seeking a full hearing of the entire matter (in this Part referred to as a hearing de novo).

(4)

If the party making the election is not seeking a hearing de novo, the election must specify, in addition to the matters specified in subsection (3),—

(a)

any error of law or fact alleged by that party; and

(b)

any question of law or fact to be resolved; and

(c)

the grounds on which the election is made, which grounds are to be specified with such reasonable particularity as to give full advice to both the court and the other parties of the issues involved; and

(d)

the relief sought.

(5)

Subsection (1) does not apply—

(aa)

to an oral determination or an oral indication of preliminary findings given by the Authority under section 174(a) or (b); and

(a)

to a determination, or part of a determination, about the procedure that the Authority has followed, is following, or is intending to follow; and

(b)

without limiting paragraph (a), to a determination, or part of a determination, about whether the Authority may follow or adopt a particular procedure.

Compare: 1991 No 22 s 95(1), (2)

Section 179(1): replaced, on 6 March 2015, by section 70(1) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 179(2): replaced, on 6 March 2015, by section 70(1) of the Employment Relations Amendment Act 2014 (2014 No 61).

Section 179(5): added, on 1 December 2004, by section 59 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 179(5)(aa): inserted, on 6 March 2015, by section 70(2) of the Employment Relations Amendment Act 2014 (2014 No 61).