188 Role in relation to jurisdiction


The general role of the court in relation to its jurisdiction is to hear and determine matters within its jurisdiction and to exercise its powers.


Where any matter comes before the court for decision, the court—


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


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


will not contribute constructively to resolving the matter; or


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


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


must, in the course of hearing and determining any matter, consider from time to time, as the court thinks fit, whether to direct the parties to use mediation.


Where the court gives a direction under subsection (2)(b) or (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 court are suspended until the parties have done so or the court otherwise directs (whichever first occurs).


It is not a function of the court to advise or direct the Authority in relation to—


the exercise of its investigative role, powers, and jurisdiction; or


the procedure—


that it has followed, is following, or is intending to follow; or


without limiting subparagraph (i), that it may follow or adopt.


This section applies subject to section 188A.

Section 188(4): substituted, on 1 December 2004, by section 63 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 188(5): inserted, on 1 April 2016, by section 24 of the Employment Relations Amendment Act 2016 (2016 No 9).