Employment Relations Act 2000

181 Report in relation to good faith

(1)

Where the election states that the person making the election is seeking a hearing de novo, the Authority must, if the court so requests, as soon as practicable, submit to the court a written report giving the Authority’s assessment of the extent to which the parties involved in the investigation have—

(a)

facilitated rather than obstructed the Authority’s investigation; and

(b)

acted in good faith towards each other during the investigation.

(2)

The court may request a report under subsection (1) only where the court considers, on the basis of the determination made by the Authority under section 174A(2), 174B(2), 174C(3), or 174D(2), that any party may not have participated in the Authority’s investigation of the matter in a manner that was designed to resolve the issues involved.

(3)

The Authority must, before submitting the report to the court, give each party to the proceedings a reasonable opportunity to supply to the Authority written comments on the draft report.

(4)

A party who supplies written comments to the Authority under subsection (3) must, immediately after doing so, serve a copy of those comments on each other party to the proceedings.

(5)

The Authority must, in submitting the final report to the court, submit with it any written comments received from any party.

Section 181(2): amended, on 6 March 2015, by section 71 of the Employment Relations Amendment Act 2014 (2014 No 61).