Banning orders

Heading: inserted, on 1 April 2016, by section 19 of the Employment Relations Amendment Act 2016 (2016 No 9).

142M Banning orders

(1)

The court may make a banning order against a person if—

(a)

the court has made a declaration of breach in respect of the person; or

(b)

the court is satisfied that the person has persistently breached, or persistently been involved in the breach of, 1 or more employment standards; or

(c)

the person has been convicted of an offence under section 351 of the Immigration Act 2009.

(2)

The persons who may apply for a banning order are—

(a)

a Labour Inspector:

(b)

an immigration officer under the Immigration Act 2009.

(3)

For the purposes of subsection (1)(b), a past breach is not evidence that a person has persistently breached, or persistently been involved in the breach of, 1 or more employment standards if the person concerned established a defence under section 142ZC or 142ZD (as the case may be) in relation to that past breach.

Section 142M: inserted, on 1 April 2016, by section 19 of the Employment Relations Amendment Act 2016 (2016 No 9).