229A Investigating question of employment

(1)

For the purpose of performing the Labour Inspector’s functions and duties under any Act specified in section 223(1), a Labour Inspector may, subject to sections 229(5), (5A), and (6) and 230 to 233, also exercise any of the powers under section 229 to investigate whether—

(a)

any place is a workplace; or

(b)

any person performing work is an employee (as distinct, for example, from an independent contractor or a volunteer); or

(c)

any person for whom work is being performed is an employer.

(2)

In relation to the exercise of those powers in such an investigation, section 229 is to be read with any appropriate modifications, including that—

(a)

the power of entry under section 229(1)(a) applies with respect to any premises where the Labour Inspector has reasonable grounds to believe work is being performed; and

(b)

the power to interview under section 229(1)(b) applies with respect to any person present in such premises; and

(c)

employee, except in the reference in section 229(1)(a) to any other employee of the department, includes any person who performs work; and

(d)

employer includes any person for whom work is performed; and

(e)

the powers under section 229(1)(c) and (d) apply with respect to any record or document that the Labour Inspector reasonably believes may assist in determining a matter referred to in subsection (1)(a) to (c).

(3)

Every person for whom work is performed and who, without reasonable cause, fails to comply with any requirement made of that person under section 229(1)(c) or (d) as modified by subsection (2)(e) is liable, in an action brought by a Labour Inspector, to a penalty under this Act imposed by the Authority.

Section 229A: inserted, on 13 January 2020, by section 5 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).