Powers

229 Powers of Labour Inspectors

(1)

For the purpose of performing his or her functions and duties under any Act specified in section 223(1), every Labour Inspector has, subject to sections 230 to 233, the following powers:

(a)

the power to enter, at any reasonable hour, any premises where any person is employed or where the Labour Inspector has reasonable cause to believe that any person is employed, accompanied, if the Labour Inspector thinks fit, by any other employee of the department qualified to assist or by a constable:

(b)

the power to interview any person at any premises of the kind described in paragraph (a) and the power to interview any employer or any employee:

(c)

the power to require the production of, and to inspect and take copies from,—

(i)

any wages and time record or any holiday and leave record whether kept under this Act or any other Act:

(ii)

any other document held which records the remuneration of any employees:

(iii)

any other document that the Labour Inspector reasonably believes may assist in determining whether the requirements of the Acts referred to in section 223(1) have been complied with:

(d)

the power to require any employer to supply to the Labour Inspector a copy of the wages and time record or holiday and leave record or employment agreement or both of any employee of that employer:

(e)

the power to inspect, and take copies of, any record kept under section 98 of strikes and lockouts:

(f)

the power to question any employer about compliance with any of the Acts referred to in section 223(1).

(2)

Where any Labour Inspector makes any requirement of an employer under subsection (1)(c) or subsection (1)(d), that employer must forthwith comply with that requirement.

(3)

Every employer who, without reasonable cause, fails to comply with any requirement made of that employer under subsection (1)(c) or subsection (1)(d) is liable, in an action brought by a Labour Inspector, to a penalty under this Act imposed by the Authority.

(4)

Where a Labour Inspector alleges that any person has not observed or not complied with any provision of section 130(1) or of subsection (2) of this section or of any of the Acts referred to in section 223(1), that Labour Inspector may commence proceedings against that other person in respect of the non-observance or non-compliance by applying to the Authority under section 137 for an order of the kind described in subsection (1) of that section, and the provisions of that section apply accordingly with all necessary modifications.

(5)

No person is, on examination or inquiry under this section, required to give to any question any answer tending to incriminate that person.

(5A)

A person is not excused from answering a Labour Inspector’s questions under subsection (1) on the grounds that doing so might expose the person to a pecuniary penalty under Part 9A, but any answers given are not admissible in criminal proceedings or in proceedings under that Part for pecuniary penalties.

(6)

Despite subsection (1), the power of a Labour Inspector to enter any defence area within the meaning of the Defence Act 1990 is subject to any regulations made under section 93 of that Act.

(7)

A Labour Inspector may recover a penalty under this Act in the Authority for a breach of any provision that provides for the imposition of a penalty and is a provision of any of the Acts referred to in section 223(1).

Compare: 1991 No 22 s 144

Section 229(1)(a): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

Section 229(1)(c)(i): amended, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).

Section 229(1)(c)(iii): inserted, on 1 April 2016, by section 32(1) of the Employment Relations Amendment Act 2016 (2016 No 9).

Section 229(1)(d): amended, on 1 April 2004, by section 91(2) of the Holidays Act 2003 (2003 No 129).

Section 229(3): amended, on 1 December 2004, by section 66 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).

Section 229(5A): inserted, on 1 April 2016, by section 32(2) of the Employment Relations Amendment Act 2016 (2016 No 9).