These regulations are the Employment Relations Authority Regulations 2000.

These regulations come into force on 2 October 2000.

In these regulations, unless the context otherwise requires,—

In these regulations, unless the context otherwise requires,—

These regulations are not to be strictly interpreted or applied, but are to be interpreted and applied in a way that best enables the Authority—

Subclause (1) does not limit the power of the Authority to give, in relation to any case before it, any directions that are necessary or expedient in the circumstances of the case.

Any person may commence proceedings before the Authority if that person wishes the Authority to resolve any matter, being—

A person commences proceedings by lodging with an officer of the Authority an application that complies with these regulations.

Except as provided in regulations 9A, 10, 12, 26A, 26G, and 26I, the application must be in form 1.

The application must—

The statement may deal with more than 1 problem or matter.

If an employee applies, under section 127(1) of the Act, for an order for the interim reinstatement of the employee, the employee must, at the time of lodging the application, lodge a signed undertaking that the employee will abide by any order made by the Authority in respect of damages—

The undertaking must be in form 2.

Subject to any directions given by the Authority in relation to any particular case, a party who has been served with an application lodged under regulation 5, 10, 12, 26G, or 26I and who intends to reply or respond to the application must, within 14 days after the date of the service of the application on that party, lodge with an officer of the Authority a statement in reply.

Subclause (1B) applies to a controlling third party—

The controlling third party must lodge with an officer of the Authority a statement in reply within 14 days after the date of the service of the application on that party.

Subclauses (1A) and (1B) apply subject to any directions given by the Authority.

The statement in reply must—

If a party fails to lodge a statement in reply within the time specified in subclause (1) or (1B), that party is entitled to reply or respond to the application only with the leave of the Authority.

Leave may be granted on such terms and conditions as the Authority thinks fit.

In subclauses (1) and (1B), days does not include any day in the period beginning with 25 December in any year and ending with 5 January in the following year.

The Authority may, in a particular case, if it considers it appropriate, commence investigating a matter, or hold an investigation meeting, whether or not—

Every application under section 103B of the Act for joining a controlling third party to proceedings to resolve a personal grievance must—

Every application under clause 4 of Schedule 2 of the Act to reopen an investigation must—

If, under section 177 of the Act, the Authority refers a question of law to the court for its opinion, the reference must—

Every application under section 178 of the Act for the removal of a matter, or part of a matter, to the court must—

Originating documents commencing proceedings, and other documents in respect of proceedings that have been commenced, may be lodged—

Every application or other originating document lodged with an officer of the Authority must be lodged in such office of the Authority (being an office in Auckland, Wellington, or Christchurch)—

An officer of the Authority or member of the Authority may, of his or her own motion, or upon application, direct the transfer of any proceedings from any office of the Authority to any other office of the Authority.

Every document to be lodged in proceedings that have been commenced must be lodged—

Every document lodged with an officer of the Authority must contain at its foot a memorandum stating by whom the document was lodged and, if lodged on behalf of any person, the name of that person.

The memorandum must also state an address for service, being an address at which any document may be left for, or sent to, the party lodging the memorandum.

Any party may change that party’s address for service by—

Every memorandum or notice giving an address for service must set out a sufficient address for service, which must be the full postal address of either—

Every memorandum or notice may, in addition to giving the full postal address required by subclause (4), give—

Except where the Authority or an officer of the Authority otherwise orders, every notice, order, or other document which is required to be served under the Act or these regulations must be served—

If a party lodges a document under any provision of regulations 5, 9A, 10, 12, 26G, and 26I, a copy of that document must, as soon as practicable after the lodging of that document, be served on the other party to the proceedings.

Except where an Act, or these regulations, prescribes a particular or exclusive mode of service, service of a notice, order, or other document required to be served by the Act or these regulations may be effected,—

Nothing in this regulation applies to the service of a witness summons.

Service of a notice, order, or other document required to be served by the Act or these regulations may be effected on a corporation incorporated in New Zealand (including a union)—

Subclause (1) is in addition to any provision made by or under any Act or these regulations for service of a notice, order, or other document on a corporation unless the provision so made is expressed to be exclusive of any other mode of service.

Service of a notice, order, or other document required to be served by the Act or these regulations may be effected on an unincorporated society by service in accordance with regulation 16(3)(a)(i) or regulation 16(3)(b)(i) on the president, chairperson, or secretary or any similar officer of the society.

Subclause (1) is in addition to any provision made by or under any Act or these regulations for service of a notice, order, or other document on an unincorporated society unless the provision so made is expressed to be exclusive of any other mode of service.

Service of a notice, order, or other document required to be served by the Act or these regulations on a partnership or on a person carrying on business in the name of a firm apparently consisting of more than 1 person may be effected by service in accordance with regulation 16(3)(a)(i) or regulation 16(3)(b)(i)—

Subclause (1) is in addition to any provision made by or under any Act or these regulations for service of a notice, order, or other document on a partnership or on a person carrying on business in the name of a firm apparently consisting of more than 1 person unless the provision so made is expressed to be exclusive of any other mode of service.

This regulation applies when the Authority gives an applicant leave under clause 4A(a) of Schedule 2 of the Act to serve an application on an overseas party.

The overseas party may lodge and serve—

An overseas party lodging and serving under subclause (2) must do so within one of the following times:

The Authority may make an order varying the time for an overseas party to lodge an objection or a statement.

An application that the Authority has given leave to serve on the overseas party must be accompanied when served by a notice in form 10.

Regulations 15 to 19 apply to service on the overseas party, with any necessary modifications.

The Authority may decline to hear and determine proceedings in which there is an overseas party if it is satisfied that—

This regulation does not limit any rule of law.

Every investigation meeting or interview must be held at such place as the Authority considers appropriate.

If the Authority is to hold an investigation meeting, an officer of the Authority must, unless the parties to the proceedings otherwise agree or the Authority otherwise orders, give at least 7 clear days’ notice to those parties of the investigation meeting.

The notice must be in form 8.

A summons issued under clause 5 of Schedule 2 of the Act (being a summons to a person to appear and give evidence before the Authority) must be in form 9.

The summons must be in triplicate in respect of each person on whom it is to be served.

Each copy need contain only the name and address of the person on whom it is to be served.

An officer of the Authority must—

If the Authority is issuing the summons of its own volition, the officer of the Authority who signs the summons must retain both copies and arrange for service of the summons.

If the summons is being issued on the application of a party to the proceedings, the officer of the Authority who signs the summons must retain 1 copy and issue the summons and the other copy to the applicant for service.

A summons issued under clause 5 of Schedule 2 of the Act must be served—

A summons is served by leaving it with the person to be served or, if that person does not accept it, by putting it down in that person’s presence and bringing it to that person’s notice.

If a summons is served on a person within 3 clear days of the date fixed for the investigation meeting, the person who is served with the summons may apply, orally or in writing, to an officer of the Authority to be discharged from attending the investigation meeting.

At the time of the service of a summons in form 9, or at some other reasonable time before the date on which the witness is required to attend, there must be paid or tendered to the witness the sum fixed under clause 6(3) of Schedule 2 of the Act.

An officer of the Authority, upon being directed to do so by the Authority, may fix the amount of any—

that are payable by any party to any proceedings to any other party to those proceedings or are payable by the department to any witness.

Where the Authority makes, in any proceedings properly brought before it, a determination or order requiring the payment of a sum of money, an officer of the Authority may issue a certificate of determination in relation to that determination or order.

Every certificate of determination issued must be sealed with the seal of the Authority.

The certificate of determination may be filed in any District Court, and the determination or order to which the certificate relates is then enforceable on the basis of that certificate in the same manner as an order made or judgment given by a District Court.

An application for approval to initiate bargaining for an occupational contract must be made in accordance with regulations 12A to 14.

In addition to the information specified in section 36 of the Screen Industry Workers Act 2022, the applicant must include the following information in the application:

The applicant must also use their best endeavours to include in the application the name of a contact person for each proposed bargaining party, and that person’s postal address, phone number, and email address.

The application must be dated and signed by the applicant.

Submissions to the Authority in response to an application for approval to initiate bargaining for an occupational contract must be made in accordance with regulations 12A to 14.

The submitter must include the following information in the submission:

A submission may also contain other information, including the following:

The submission must be dated and signed by the submitter.

This regulation applies to an individual worker who wishes to make a submission in respect of a worker organisation’s application to initiate bargaining for an occupational contract.

The worker must, in addition to the information specified in regulation 26B(2)(a) to (c), include the following information in their submission:

This regulation applies to an individual engager who wishes to make a submission in respect of an engager organisation’s application to initiate bargaining for an occupational contract.

The engager must, in addition to the information specified in regulation 26B(2)(a) to (c), include the following information in their submission:

This regulation applies to a worker organisation that wishes to make a submission in respect of an application by another worker organisation to initiate bargaining for an occupational contract.

The worker organisation must, in addition to the information specified in regulation 26B(2)(a) to (c), include the following information in its submission:

This regulation applies to an engager organisation that wishes to make a submission in respect of an application by another engager organisation to initiate bargaining for an occupational contract.

The engager organisation must, in addition to the information specified in regulation 26B(2)(a) to (c), include the following information in its submission:

An application for determination of a dispute under section 72 of the Screen Industry Workers Act 2022 must be made in accordance with regulations 12A to 15.

The application must include the following information:

The applicant must provide the following, along with the application:

The application must be dated and signed by the applicant.

A statement in reply to an application for determination of a dispute under the Screen Industry Workers Act 2022 must be made in accordance with regulations 8 and 12A to 15.

The statement must include the following information:

The respondent must provide the following, along with the statement in reply:

The statement in reply must be dated and signed by the respondent.

An application for the Authority to fix disputed terms in a collective contract under section 73 of the Screen Industry Workers Act 2022 must be made in accordance with regulations 12A to 15.

The application must include the following information:

The applicant must provide, along with the application, the applicant’s signed statement as to the state of negotiations (including full particulars of the final offer being made by the applicant) as required by clause 3 of Schedule 4 of the Screen Industry Workers Act 2022.

The application must be dated and signed by the applicant.

A statement in reply to an application for the Authority to fix disputed terms using the final offer arbitration process under section 74 of the Screen Industry Workers Act 2022 must be made in accordance with regulations 8 and 12A to 15.

The statement must include the following information:

The respondent must provide, along with the statement in reply, the respondent’s signed statement as to the state of negotiations (including full particulars of the final offer being made by the respondent) as required by clause 3 of Schedule 4 of the Screen Industry Workers Act 2022.

The statement in reply must be dated and signed by the respondent.

The fees specified in Schedule 2 are payable to an officer of the Authority for the matters set out in that schedule.

Every fee prescribed by these regulations is payable by the person commencing the proceeding in respect of which the fee is payable.

The fees are exclusive of goods and services tax.

The following regulations are revoked:

Despite subclause (1), the Employment Tribunal Regulations 1991 and the Employment Court and Employment Tribunal (Fees) Regulations 1997 continue to apply as if they had not been revoked to—