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Employment Relations Act 2000
Part 10 Institutions

Table Of Contents	Part 6 Individual Employees	Schedule 1 Essential Services
Part 1 Key Provisions	Part 7 Education Leave	Schedule 2 Employment Authority
Part 2 Preliminary Provisions	Part 8 Strikes And Lockouts	Schedule 3 Employment Court
Part 3 Freedom Of Association	Part 9 Disputes And Enforcement	Schedule 4 Changes to Police Act
Part 4 Operation Of Unions	Part 10 Institutions	Schedule 5 Enactments Amended
Part 5 Collective Bargaining	Part 11 General Provisions	Schedule 6 Enactments Repealed

Part 10 Institutions

Section 143 - Object of this Part
Mediation services

Section 144 - Mediation services

Section 145 - Provision of mediation services

Section 146 - Access to mediation services

Section 147 - Procedure in relation to mediation services

Section 148 - Confidentiality

Section 149 - Settlements

Section 150 - Decision by authority of parties

Section 151 - Enforcement of terms of settlement agreed or authorised

Section 152 - Mediation services not to be questioned as being inappropriate

Section 153 - Independence of mediation personnel

Section 154 - Other mediation services

Section 155 - Arbitration
Employment Relations Authority

Section 156 - Employment Relations Authority

Section 157 - Role of Authority

Section 158 - Lodging of applications

Section 159 - Duty of Authority to consider mediation

Section 160 - Powers of Authority

Section 161 - Jurisdiction

Section 162 - Application of law relating to contracts

Section 163 - Restriction on Authority's power in relation to collective agreements

Section 164 - Application to individual employment agreements of law relating to contracts

Section 165 - Other provisions relating to investigations of Authority

Section 166 - Membership of Authority

Section 167 - Appointment of members

Section 168 - Oath of office

Section 169 - Term of office

Section 170 - Vacation of office

Section 171 - Salaries and allowances

Section 172 - Temporary appointments

Section 173 - Procedure

Section 174 - Determinations

Section 175 - Seal of Authority

Section 176 - Protection of members of Authority etc

Section 177 - Referral of question of law

Section 178 - Removal to Court

Section 179 - Challenges to determinations of Authority

Section 180 - Election not to operate as stay

Section 181 - Report in relation to good faith

Section 182 - Hearings

Section 183 - Decision

Section 184 - Restriction on review

Section 185 - Staff of Authority
Employment Court

Section 186 - Employment Court

Section 187 - Jurisdiction of Court

Section 188 - Role in relation to jurisdiction

Section 189 - Equity and good conscience

Section 190 - Application of other provisions

Section 191 - Other provisions relating to proceedings of Court

Section 192 - Application to collective agreements of law relating to contracts

Section 193 - Proceedings not to be questioned

Section 194 - Application for review

Section 195 - Non-attendance or refusal to co-operate

Section 196 - Contempt of Court or Authority

Section 197 - Constitution of Court

Section 198 - Registrar and officers of Court

Section 199 - Seal of Court
Judges of the Court

Section 200 - Appointment of Judges

Section 201 - Seniority

Section 202 - Senior Judge to act as Chief Judge in certain circumstances

Section 203 - Judges to have immunities of High Court Judges

Section 204 - Protection of Judges against removal from office

Section 205 - Age of retirement

Section 206 - Salaries and allowances of Judges

Section 207 - Appointment of temporary Judges

Section 208 - Sittings

Section 209 - Full Court

Section 210 - Quorum and decision of Court

Section 211 - Statement of case for Court of Appeal

Section 212 - Court may make rules
Review of proceedings

Section 213 - Review of proceedings before Court
Appeals

Section 214 - Appeals to Court of Appeal on question of law

Section 215 - Court of Appeal may refer appeals back for reconsideration
Special provision in respect of appeals

Section 216 - Obligation to have regard to special jurisdiction of Court
Other appeals

Section 217 - Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of Court

Section 218 - Appeal to Court of Appeal in respect of order on application for review
Miscellaneous provisions

Section 219 - Validation of informal proceedings etc

Section 220 - Documents under seal and certain signatures to be judicially noticed

Section 221 - Joinder waiver and extension of time

Section 222 - Application of Official Information Act 1982

Section 143
Object Of This Part

The object of this Part is to establish procedures and institutions that

(a) support successful employment relationships and the good faith obligations that underpin them; and

(b) recognise that employment relationships are more likely to be successful if problems in those relationships are resolved promptly by the parties themselves; and

(c) recognise that, if problems in employment relationships are to be resolved promptly, expert problem-solving support, information, and assistance needs to be available at short notice to the parties to those relationships; and

(d) recognise that the procedures for problem-solving need to be flexible; and

(e) recognise that there will always be some cases that require judicial intervention; and

(f) recognise that judicial intervention at the lowest level needs to be that of a specialist decision-making body that is not inhibited by strict procedural requirements; and

(g) recognise that difficult issues of law will need to be determined by higher courts.

Mediation services

Section 144
Mediation Services

(1) The chief executive must employ or engage persons to provide mediation services to support all employment relationships.

(2) Those mediation services may include

(a) the provision of general information about employment rights and obligations:

(b) the provision of information about what services are available for persons (including unions and other bodies corporate) who have employment relationship problems:

(c) other services that assist the smooth conduct of employment relationships:

(d) other services (of a type that can address a variety of circumstances) that assist persons to resolve, promptly and effectively, their employment relationship problems:

(e) services that assist persons to resolve any problem with the fixing of new terms and conditions of employment.

Section 145
Provision Of Mediation Services

(1) The chief executive is to decide how the mediation services required by section 144 are to be provided.

(2) Any of the mediation services may be provided, for example,

(a) by a telephone, facsimile, internet, or e-mail service (whether as a means of explaining where information can be found or as a means of actually providing the information or of otherwise seeking to resolve the problem); or

(b) by publishing pamphlets, brochures, booklets, or codes; or

(c) by specialists who

(i) respond to requests or themselves identify how, where, and when their services can best support the object of this Act; or

(ii) provide their services in the manner, and at the time and place (including wherever practicable the workplace itself), that are most likely to resolve the problem in question; or

(iii) provide their services in all of the ways described in this paragraph.

(3) Any of the mediation services may be provided

(a) by a combination of the ways described in subsection (2); or

(b) in such other ways as the chief executive thinks fit to best support the object of this Act.

(4) Subsections (2) and (3) do not limit subsection (1).

Section 146
Access To Mediation Services

A person who wishes to access mediation services must contact an office of the Department that deals with employment relations issues.

Section 147
Procedure In Relation To Mediation Services

(1) Where mediation services are provided, the person who provides the services decides what services are appropriate to the particular case.

(2) That person, in providing those services,

(a) may, having regard to the object of this Act and the needs of the parties, follow such procedures, whether structured or unstructured, or do such things as he or she considers appropriate to resolve the problem or dispute promptly and effectively; and

(b) may receive any information, statement, admission, document, or other material, in any way that he or she thinks fit, whether or not it would be admissible in judicial proceedings.

Section 148
Confidentiality

(1) Except with the consent of the parties or the relevant party, a person who

(a) provides mediation services; or

(b) is a person to whom mediation services are provided; or

(c) is a person employed or engaged by the Department; or

(d) is a person who assists either a person who provides mediation services or a person to whom mediation services are provided

must keep confidential any statement, admission, or document created or made for the purposes of the mediation and any information that, for the purposes of the mediation, is disclosed orally in the course of the mediation.

(2) No person who provides mediation services may give evidence in any proceedings, whether under this Act or any other Act, about

(a) the provision of the services; or

(b) anything, related to the provision of the services, that comes to his or her knowledge in the course of the provision of the services.

(3) No evidence is admissible in any court, or before any person acting judicially, of any statement, admission, document, or information that, by subsection (1), is required to be kept confidential.

(4) Nothing in the Official Information Act 1982 applies to any statement, admission, document, or information disclosed or made in the course of the provision of mediation services to the person providing those services.

(5) Where mediation services are provided for the purpose of assisting persons to resolve any problem in determining or agreeing on new collective terms and conditions of employment, subsections (1) and (3) do not apply to any statement, admission, document, or information disclosed or made in the course of the provision of any such mediation services.

(6) Nothing in this section

(a) prevents the discovery or affects the admissibility of any evidence (being evidence which is otherwise discoverable or admissible and which existed independently of the mediation process) merely because the evidence was presented in the course of the provision of mediation services; or

(b) prevents the gathering of information by the Department for research or educational purposes so long as the parties and the specific matters in issue between them are not identifiable; or

(c) prevents the disclosure by any person employed or engaged by the Department to any other person employed or engaged by the Department of matters that need to be disclosed for the purposes of giving effect to this Act; or

(d) applies in relation to the functions performed, or powers exercised, by any person under section 149(2) or section 150(2).

Section 149
Settlements

(1) Where a problem is resolved, whether through the provision of mediation services or otherwise, any person

(a) who is employed or engaged by the chief executive to provide the services; and

(b) who holds a general authority, given by the chief executive, to sign, for the purposes of this section, agreed terms of settlement,

may, at the request of the parties to the problem, and under that general authority, sign the agreed terms of settlement.

(2) Any person who receives a request under subsection (1) must, before signing the agreed terms of settlement,

(a) explain to the parties the effect of subsection (3); and

(b) be satisfied that, knowing the effect of that subsection, the parties affirm their request.

(3) Where, following the affirmation referred to in subsection (2) of a request made under subsection (1), the agreed terms of settlement to which the request relates are signed by the person empowered to do so,

(a) those terms are final and binding on, and enforceable by, the parties; and

(b) except for enforcement purposes, no party may seek to bring those terms before the Authority or the Court, whether by action, appeal, application for review, or otherwise.

Section 150
Decision By Authority Of Parties

(1) The parties to a problem may agree in writing to confer on a person employed or engaged by the chief executive to provide mediation services, the power to decide the matters in issue.

(2) The person on whom the power is conferred must, before making and signing a decision under that power,

(a) explain to the parties the effect of subsection (3); and

(b) be satisfied that, knowing the effect of that subsection, the parties affirm their agreement.

(3) Where, following the affirmation referred to in subsection (2) of an agreement made under subsection (1), a decision on how to resolve a problem is made and signed by the person empowered to do so,

(a) that decision is final and binding on, and enforceable by, the parties; and

(b) except for enforcement purposes, no party may seek to bring that decision before the Authority or the Court, whether by action, appeal, application for review, or otherwise.

Section 151
Enforcement Of Terms Of Settlement Agreed Or Authorised

Any agreed terms of settlement that are, under section 149(3), enforceable by the parties and any decision that, under section 150(3), is enforceable by the parties, may be enforced

(a) by compliance order under section 137; or

(b) in the case of a monetary settlement, in 1 of the following ways:

(i) by compliance order under section 137:

(ii) by using, as if the settlement or decision were an order enforceable under section 141, the procedure applicable under section 141.

Section 152
Mediation Services Not To Be Questioned As Being Inappropriate

(1) No mediation services may be challenged or called in question in any proceedings on the ground

(a) that the nature and content of the services was inappropriate; or

(b) that the manner in which the services were provided was inappropriate.

(2) Nothing in subsection (1) or in sections 149 and 150 prevents any agreed terms of settlement signed under section 149 or any decision made and signed under section 150 from being challenged or called in question on the ground that,

(a) in the case of terms signed under section 149, the provisions of subsections (2) and (3) of that section (which relate to knowledge about the effect of a settlement) were not complied with; and

(b) in the case of a decision made and signed under section 150, the provisions of subsections (2) and (3) of that section (which relate to knowledge about the effect of conferring decision-making power on the person providing mediation services) were not complied with.

Section 153
Independence Of Mediation Personnel

(1) The chief executive must ensure that any person employed or engaged to provide mediation services under section 144

(a) is, in deciding how to handle or deal with any particular problem or aspect of it, able to act independently; and

(b) is independent of any of the parties to whom mediation services are being provided in a particular case.

(2) The chief executive, in managing the overall provision of mediation services, is not prevented by subsection (1) from giving general instructions about the manner in which, and the times and places at which, mediation services are to be provided.

(3) Any such general instructions may include general instructions about the manner in which mediation services are to be provided in relation to particular types of matters or particular types of situations or both.

(4) Where a Labour Inspector is a party to any matter in respect of which a person employed or engaged by the chief executive is providing mediation services, the fact that the Labour Inspector and that person are employed by the same employer is not a ground for challenging the independence of that person.

(5) Where the chief executive is a party to any matter in respect of which a person employed or engaged by the chief executive is providing mediation services, that fact is not a ground for challenging the independence of that person.

(6) No person who is employed or engaged by the chief executive to provide mediation services may

(a) hold office, at the same time, as a member of the Authority; or

(b) be employed, at the same time, to staff or support

(i) the Authority under section 185; or

(ii) the Court under section 198.

Section 154
Other Mediation Services

Nothing in this Part prevents any person seeking and using mediation services other than those provided by the chief executive under section 144.

Section 155
Arbitration

(1) Nothing in this Act prevents the parties to an employment agreement from agreeing to submit an employment relationship problem to arbitration.

(2) If the parties to an employment agreement purport to submit an employment relationship problem to arbitration,

(a) nothing in the Arbitration Act 1996 applies in respect of that submission; and

(b) the parties must determine the procedure for the arbitration.

(3) The submission of an employment relationship problem to arbitration does not

(a) prevent any of the parties from using mediation services or applying to the Authority or the Court in accordance with this Part; or

(b) otherwise affect the application of this Act.

Employment Relations Authority

Section 156
Employment Relations Authority

This section establishes an authority called the Employment Relations Authority.

Section 157
Role Of Authority

(1) The Authority is an investigative body that has the role of resolving employment relationship problems by establishing the facts and making a determination according to the substantial merits of the case, without regard to technicalities.

(2) The Authority must, in carrying out its role,

(a) comply with the principles of natural justice; and

(b) aim to promote good faith behaviour; and

(c) support successful employment relationships; and

(d) generally further the object of this Act.

(3) The Authority must act as it thinks fit in equity and good conscience, but may not do anything that is inconsistent with this Act or with the relevant employment agreement.

Section 158
Lodging Of Applications

Proceedings before the Authority are to be commenced by the lodging of an application in the prescribed form.

Section 159
Duty Of Authority To Consider Mediation

(1) Where any matter comes before the Authority for determination, the Authority

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

(b) must direct that mediation or further mediation, as the case may require, be used before the Authority investigates the matter, unless the Authority considers that the use of mediation or further mediation

(i) will not contribute constructively to resolving the matter; or

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

(iii) will undermine the urgent or interim nature of the proceedings; and

(c) must, in the course of investigating any matter, consider from time to time, as the Authority thinks fit, whether to direct the parties to use mediation.

(2) Where the Authority gives a direction under subsection (1)(b) or subsection (1)(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 Authority are suspended until the parties have done so or the Authority otherwise directs (whichever first occurs).

Section 160
Powers Of Authority

(1) The Authority may, in investigating any matter,

(a) call for evidence and information from the parties or from any other person:

(b) require the parties or any other person to attend an investigation meeting to give evidence:

(c) interview any of the parties or any person at any time before an investigation meeting:

(d) in the course of an investigation meeting, fully examine any witness:

(e) decide that an investigation meeting should not be in public or should not be open to certain persons:

(f) follow whatever procedure the Authority considers appropriate.

(2) The Authority may take into account such evidence and information as in equity and good conscience it thinks fit, whether strictly legal evidence or not.

(3) The Authority is not bound to treat a matter as being a matter of the type described by the parties, and may, in investigating the matter, concentrate on resolving the employment relationship problem, however described.

Section 161
Jurisdiction

(1) The Authority has exclusive jurisdiction to make determinations about employment relationship problems generally, including

(a) disputes about the interpretation, application, or operation of an employment agreement:

(b) matters related to a breach of an employment agreement:

(c) matters about whether a person is an employee (not being matters arising on an application under section 6(5) ):

(d) matters alleged to arise under section 68 because a party to an individual employment agreement has bargained unfairly:

(e) personal grievances:

(f) matters about whether the good faith obligations imposed by this Act (including those that apply where a union and an employer bargain for a collective agreement) have been complied with in a particular case:

(g) matters about the recovery of wages or other money under section 131 :

(h) matters about whether the rules of a union, or of an incorporated society that wishes to register as a union, comply with the provisions of this Act:

(i) matters about whether an incorporated society is entitled to register under this Act as a union or is entitled to continue to be so registered:

(j) matters about whether a person is entitled to be a member of a union:

(k) matters related to a failure by a union to comply with its rules:

(l) any proceedings related to a strike or lockout (other than those founded on tort or seeking an injunction):

(m) actions for the recovery of penalties

(i) under this Act for a breach of an employment agreement:

(ii) under this Act for a breach of any provision of this Act (being a provision that provides for the penalty to be recovered in the Authority):

(iii) under the Holidays Act 2003 :

(iv) under section 10 of the Minimum Wage Act 1983:

(v) under section 13 of the Wages Protection Act 1983:

(n) compliance orders under section 137 :

(o) objections under section 225 to demand notices:

(p) orders for interim reinstatement under section 127 :

(q) actions of the type referred to in section 228(1) :

(r) any other action (being an action that is not directly within the jurisdiction of the Court) arising from or related to the employment relationship or related to the interpretation of this Act (other than an action founded on tort):

(s) determinations under such other powers and functions as are conferred on it by this or any other Act.

(2) Except as provided in subsection (1)(d) or subsection (1)(f), the Authority does not have jurisdiction to make a determination about any matter relating to

(a) bargaining; or

(b) the fixing of new terms and conditions of employment.

(3) Except as provided in this Act, no court has jurisdiction in relation to any matter that, under subsection (1), is within the exclusive jurisdiction of the Authority.

Section 162
Application Of Law Relating To Contracts

Subject to sections 163 and 164, the Authority may, in any matter related to an employment agreement, make any order that the High Court or a District Court may make under any enactment or rule of law relating to contracts, including

(a) the Contracts (Privity) Act 1982:

(b) the Contractual Mistakes Act 1977:

(c) the Contractual Remedies Act 1979:

(d) the Fair Trading Act 1986:

(e) the Frustrated Contracts Act 1944:

(f) the Illegal Contracts Act 1970:

(g) the Minors' Contracts Act 1969.

Section 163
Restriction On Authority's Power In Relation To Collective Agreements

The Authority may not, under section 162 or any other provision of this Act, make in respect of a collective agreement an order cancelling or varying the agreement or any term of the agreement.

Section 164
Application To Individual Employment Agreements Of Law Relating To Contracts

Where the Authority, has, under section 69(1)(b) or section 162, the power to make an order cancelling or varying an individual employment agreement or any term of such an agreement, the Authority may make such an order only if

(a) the Authority (whether or not it gave any direction under section 159(1)(b) in relation to the matter)

(i) has identified the problem in relation to the agreement; and

(ii) has directed the parties to attempt in good faith to resolve that problem; and

(b) the parties have attempted in good faith to resolve the problem relating to the agreement by using mediation; and

(c) despite the use of mediation, the problem has not been resolved; and

(d) the Authority is satisfied that any remedy other than such an order would be inappropriate or inadequate.

Section 165
Other Provisions Relating To Investigations Of Authority

The provisions of Schedule 2 have effect in relation to the Authority and matters within its jurisdiction.

Section 166
Membership Of Authority

(1) The Authority consists of

(a) 1 member who is to be appointed as the Chief of the Employment Relations Authority:

(b) at least 2 other members.

(2) For the purposes of any matter within its jurisdiction, the Authority consists of 1 member of the Authority.

(3) The Chief of the Authority is responsible for making such arrangements as are practicable to ensure that the members of the Authority discharge their functions

(a) in an orderly and expeditious way; and

(b) in a way that meets the object of this Act.

Section 167
Appointment Of Members

Each member of the Authority is to be appointed by the Governor-General on the recommendation of the Minister.

Section 168
Oath Of Office

Each member of the Authority must, before entering on the exercise of any of his or her functions as a member of the Authority, swear or affirm before a Judge of the Court that the member of the Authority will faithfully and impartially perform his or her duties as a member of the Authority.

Section 169
Term Of Office

(1) Every member of the Authority is to be appointed for a term not exceeding 4 years.

(2) A member of the Authority is eligible for reappointment from time to time.

Section 170
Vacation Of Office

(1) A member of the Authority may at any time be removed from office by the Governor-General for incapacity affecting performance of duty, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General.

(2) A member of the Authority is deemed to have vacated his or her office if he or she is, under the Insolvency Act 1967, adjudged bankrupt.

(3) A member of the Authority may at any time resign his or her office by giving notice in writing to that effect to the Minister.

Section 171
Salaries And Allowances

(1) There is to be paid to each member of the Authority, out of public money, without further appropriation than this section,

(a) a salary at such rate or in accordance with such scale of rates as the Higher Salaries Commission from time to time determines; and

(b) subject to subsection (2), such allowances as are from time to time determined by the Higher Salaries Commission.

(2) There is to be paid to each member of the Authority, in respect of time spent travelling in the exercise of the Authority's functions, travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951; and the provisions of that Act apply accordingly, as if the member were a member of a statutory Board and the travelling were in the service of a statutory Board.

(3) In the case of the Chief of the Authority, the rate of salary and the allowances determined may be higher than those for the other members of the Authority.

(4) Nothing in subsection (1) prevents in an appropriate case payment to a member of the Authority of a salary and allowances on a per diem basis.

Section 172
Temporary Appointments

(1) The Governor-General may from time to time, on the recommendation of the Minister, appoint 1 or more temporary members of the Authority to hold office for such period as may be specified in the instrument of appointment.

(2) The period so specified may not exceed 12 months; but any person appointed under this section may from time to time be reappointed.

(3) A person so appointed has all the powers of a member.

(4) Every person appointed as a temporary member of the Authority under this section is, during the term of that member's appointment, to be paid, on a per diem basis,

(a) such salary, payable pursuant to section 171 to a member of the Authority, as the Governor-General directs; and

(b) the allowances to which that person would be entitled if that person held office under section 166(1).

Section 173
Procedure

(1) The Authority, in exercising its powers and functions, must

(a) comply with the principles of natural justice; and

(b) act in a manner that is reasonable having regard to its investigative role.

(2) The Authority may meet with the parties at such times and places as are from time to time fixed by a member of the Authority or an officer of the Authority.

(3) Meetings of the Authority may be adjourned from time to time and from place to place by a member of the Authority or an officer of the Authority designated for the purpose by the chief executive, whether at any meeting or at any time before the time fixed for the meeting.

(4) The Chief of the Authority may require particular members of the Authority to investigate particular matters.

Section 174
Determinations

In recording its determination on any matter before it, the Authority, for the purpose of delivering speedy, informal, and practical justice to the parties,

(a) must

(i) state relevant findings of fact; and

(ii) state and explain its findings on relevant issues of law; and

(iii) express its conclusions on the matters or issues it considers require determination in order to dispose of the matter; and

(iv) specify what orders (if any) it is making; but

(b) need not

(i) set out a record of all or any of the evidence heard or received; or

(ii) record or summarise any submissions made by the parties; or

(iii) indicate why it made, or did not make, specific findings as to the credibility of any evidence or person; or

(iv) record the process followed in investigating and determining the matter.

Section 175
Seal Of Authority

The Authority is to have a seal, which is to be judicially noticed by all courts and for all purposes.

Section 176
Protection Of Members Of Authority Etc

(1) A member of the Authority, in the performance of his or her duties under this Act, has and enjoys the same protection as a Justice of the Peace acting in his or her criminal jurisdiction has and enjoys under Part VII of the Summary Proceedings Act 1957.

(2) For the avoidance of doubt as to the privileges and immunities of members of the Authority and of parties, representatives, and witnesses in the proceedings of the Authority, it is declared that such proceedings are judicial proceedings.

Section 177
Referral Of Question Of Law

(1) The Authority may, where a question of law arises during an investigation,

(a) refer that question of law to the Court for its opinion; and

(b) delay the investigation until it receives the Court's opinion on that question.

(2) Every reference under subsection (1) must be made in the prescribed manner.

(3) The Court must provide the Authority with its opinion on the question of law and the Authority must then continue its investigation in accordance with that opinion.

Section 178
Removal To Court

(1) Where a matter comes before the Authority, any party may apply to the Authority to have the matter, or part of it, removed to the Court for the Court to hear and determine it without the Authority investigating the matter.

(2) The Authority may order the removal of the matter, or any part of it, to the Court if

(a) an important question of law is likely to arise in the matter other than incidentally; or

(b) the case is of such a nature and of such urgency that it is in the public interest that it be removed immediately to the Court; or

(c) the Court already has before it proceedings which are between the same parties and which involve the same or similar or related issues; or

(d) the Authority is of the opinion that in all the circumstances the Court should determine the matter.

(3) Where the Authority declines to remove any matter, or a part of it, to the Court, the party applying for the removal may seek the special leave of the Court for an order of the Court that the matter or part be removed to the Court, and in any such case the Court must apply the criteria set out in paragraphs (a) to (c) of subsection (2).

(4) An order for removal to the Court under this section may be made subject to such conditions as the Authority or the Court, as the case may be, thinks fit.

(5) Where the Authority, acting under subsection (2), orders the removal of any matter, or a part of it, to the Court, the Court may, if it considers that the matter or part was not properly so removed, order that the Authority investigate the matter.

Section 179
Challenges To Determinations Of Authority

(1) A party to a matter before the Authority who is dissatisfied with the determination of the Authority or any part of that determination may elect to have the matter heard by the Court.

(2) Every election under this section must be made in the prescribed manner within 28 days after the date of the determination of the Authority.

(3) The election must

(a) specify the determination, or the part of the determination, to which the election relates; and

(b) state whether or not the party making the election is seeking a full hearing of the entire matter (in this Part referred to as a hearing de novo).

(4) If the party making the election is not seeking a hearing de novo, the election must specify, in addition to the matters specified in subsection (3),

(a) any error of law or fact alleged by that party; and

(b) any question of law or fact to be resolved; and

(c) the grounds on which the election is made, which grounds are to be specified with such reasonable particularity as to give full advice to both the Court and the other parties of the issues involved; and

(d) the relief sought.

Section 180
Election Not To Operate As Stay

The making of an election under section 179 does not operate as a stay of proceedings on the determination of the Authority unless the Court, or the Authority, so orders.

Section 181
Report In Relation To Good Faith

(1) Where the election states that the person making the election is seeking a hearing de novo, the Authority must, if the Court so requests, as soon as practicable, submit to the Court a written report giving the Authority's assessment of the extent to which the parties involved in the investigation have

(a) facilitated rather than obstructed the Authority's investigation; and

(b) acted in good faith towards each other during the investigation.

(2) The Court may request a report under subsection (1) only where the Court considers, on the basis of the determination made by the Authority under section 174, that any party may not have participated in the Authority's investigation of the matter in a manner that was designed to resolve the issues involved.

(3) The Authority must, before submitting the report to the Court, give each party to the proceedings a reasonable opportunity to supply to the Authority written comments on the draft report.

(4) A party who supplies written comments to the Authority under subsection (3) must, immediately after doing so, serve a copy of those comments on each other party to the proceedings.

(5) The Authority must, in submitting the final report to the Court, submit with it any written comments received from any party.

Section 182
Hearings

(1) Where the election states that the person making the election is seeking a hearing de novo, the hearing held pursuant to that election is to be a hearing de novo unless the parties agree otherwise or the Court otherwise directs.

(2) The Court may give a direction under subsection (1) only if

(a) it has requested a report under section 181(1) ; and

(b) it is satisfied,

(i) on the basis of that report; and

(ii) after having had regard to any comments submitted under section 181(5),

that the person making the election did not participate in the Authority's investigation of the matter in a manner that was designed to resolve the issues involved.

(3) Where

(a) the Court gives a direction under subsection (1); or

(b) the election states that the person seeking the election is not seeking a hearing de novo,

the Court must direct, in relation to the issues involved in the matter, the nature and extent of the hearing.

Section 183
Decision

Where a party to a matter has elected under section 179 to have that matter heard by the Court, the Court must make its own decision on that matter and any relevant issues.

Section 184
Restriction On Review

(1) Except on the ground of lack of jurisdiction or as provided in section 179, no determination, order, or proceedings of the Authority are removable to any court by way of certiorari or otherwise, or are liable to be challenged, appealed against, reviewed, quashed, or called in question in any court.

(2) For the purposes of subsection (1), the Authority suffers from lack of jurisdiction only where,

(a) in the narrow and original sense of the term jurisdiction, it has no entitlement to enter upon the inquiry in question; or

(b) the determination or order is outside the classes of determinations or orders which the Authority is authorised to make; or

(c) the Authority acts in bad faith.

Section 185
Staff Of Authority

(1) The chief executive may from time to time designate such number of employees of the Department to act as officers of the Authority as may be required.

(2) The officers designated under subsection (1) must act under the general direction of the chief executive.

(3) The Department is to provide such other employees as may be required to provide the Authority with such services and resources as may be necessary to enable it to effectively perform its functions and exercise its jurisdiction.

(4) Subject to section 153(6), any employee designated under subsection (1) or provided to the Authority under subsection (3) may also hold any other office or position in the Department.

Employment Court

Section 186
Employment Court

(1) This section establishes a court of record, called the Employment Court, which, in addition to the jurisdiction and powers specially conferred on it by this Act or any other Act, has all the powers inherent in a court of record.

(2) The Court established by subsection (1) is declared to be the same Court as the Employment Court established by section 103 of the Employment Contracts Act 1991.

Section 187
Jurisdiction Of Court

(1) The Court has exclusive jurisdiction

(a) to hear and determine elections under section 179 for a hearing of a matter previously determined by the Authority, whether under this Act or any other Act conferring jurisdiction on the Authority:

(b) to hear and determine actions for the recovery of penalties under this Act for a breach of any provision of this Act (being a provision that provides for the penalty to be recovered in the Court):

(c) to hear and determine questions of law referred to it by the Authority under section 177 :

(d) to hear and determine applications for leave to have matters before the Authority removed into the Court under section 178(3) :

(e) to hear and determine matters removed into the Court under section 178 :

(f) to hear and determine, under section 6(5), any question whether any person is to be declared to be

(i) an employee within the meaning of this Act; or

(ii) a worker or employee within the meaning of any of the Acts referred to in section 223(1) :

(g) to order compliance under section 139 :

(h) to hear and determine proceedings founded on tort and resulting from or related to a strike or lockout:

(i) to hear and determine any application for an injunction of a type specified in section 100 :

(j) to hear and determine any application for review of the type referred to in section 194 :

(k) to issue warrants under section 231 :

(l) to exercise its powers in respect of any offence against this Act:

(m) to exercise such other functions and powers as are conferred on it by this or any other Act.

(2) The Court does not have jurisdiction to entertain an application for summary judgment.

(3) Except as provided in this Act, no other court has jurisdiction in relation to any matter that, under subsection (1), is within the exclusive jurisdiction of the Court.

Section 188
Role In Relation To Jurisdiction

(1) 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.

(2) Where any matter comes before the Court for decision, the Court

(a) 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

(b) 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

(i) will not contribute constructively to resolving the matter; or

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

(iii) will undermine the urgent or interim nature of the proceedings; and

(c) 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.

(3) 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).

(4) 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.

Section 189
Equity And Good Conscience

(1) In all matters before it, the Court has, for the purpose of supporting successful employment relationships and promoting good faith behaviour, jurisdiction to determine them in such manner and to make such decisions or orders, not inconsistent with this or any other Act or with any applicable collective agreement or the particular individual employment agreement, as in equity and good conscience it thinks fit.

(2) The Court may accept, admit, and call for such evidence and information as in equity and good conscience it thinks fit, whether strictly legal evidence or not.

Section 190
Application Of Other Provisions

(1) The Court has, in relation to matters within its jurisdiction, and in addition to the powers specifically conferred on it by this Act or any other Act, the powers conferred on the Authority by sections 162 and 164.

(2) For the purposes of subsection (1), sections 162 and 164 apply, in relation to the Court,

(a) as if, for the word "Authority", there were substituted the word "Court"; and

(b) as if, for the word "member", there were substituted the word "Judge"; and

(c) with all other necessary modifications.

Section 191
Other Provisions Relating To Proceedings Of Court

The provisions of Schedule 3 have effect in relation to the Court and matters within its jurisdiction.

Section 192
Application To Collective Agreements Of Law Relating To Contracts

(1) The Court may not, under section 162 (as applied by section 190(1) ), make in respect of a collective agreement an order cancelling or varying the agreement or any term of the agreement.

(2) Despite subsection (1), the Court may, instead of making an order of the kind described in that subsection,

(a) make an order

(i) suspending some aspect of the agreement; and

(ii) directing the parties to the collective agreement to reopen bargaining with regard to the suspended aspect of the agreement; and

(b) in addition to an order under paragraph (a), make an order requiring the parties to make use of mediation in the bargaining required by paragraph (a)(ii); and

(c) in addition to orders under paragraphs (a) and (b), make a declaration that the employees and employers covered by the collective agreement (or either of them) are, or are not, to have the right to strike or lock out available to them, while the bargaining required by the order under paragraph (a)(ii) continues.

(3) Every declaration under subsection (2)(c) must state the date on which the right to strike or lock out is to become available or is to cease to be available.

Section 193
Proceedings Not To Be Questioned

(1) Except on the ground of lack of jurisdiction or as provided in sections 213, 214, 217, and 218, no decision, order, or proceedings of the Court are removable to any court by certiorari or otherwise, or are liable to be challenged, appealed against, reviewed, quashed, or called in question in any court.

(2) For the purposes of subsection (1), the Court suffers from lack of jurisdiction only where,

(a) in the narrow and original sense of the term jurisdiction, it has no entitlement to enter upon the inquiry in question; or

(b) the decision or order is outside the classes of decisions or orders which the Court is authorised to make; or

(c) the Court acts in bad faith.

Section 194
Application For Review

(1) If any person wishes to apply for review under Part I of the Judicature Amendment Act 1972, or bring proceedings seeking a writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or injunction, in relation to the exercise, refusal to exercise, or proposed or purported exercise by

(a) the Authority; or

(b) an officer of the Authority or the Court; or

(c) an employer, or that employer's representative; or

(d) a union, or that union's representative; or

(e) the Registrar of Unions; or

(f) the Minister; or

(g) the chief executive; or

(h) any other person

of a statutory power or statutory power of decision (as defined by section 3 of the Judicature Amendment Act 1972) conferred by or under this Act or any of the provisions of Parts V, VI, VII, or VIIA of the State Sector Act 1988, the provisions of subsections (2) to (4) of this section apply.

(2) Despite any other Act or rule of law, the Court has full and exclusive jurisdiction to hear and determine any application or proceedings of the type referred to in subsection (1) and all such applications or proceedings must be made to or brought in the Court.

(3) Where a right of appeal (which includes, for the purposes of this subsection, the right to make an election under section 179 ) is conferred on any person under this Act or the State Sector Act 1988 in respect of any matter, that person may not make an application under subsection (1) in respect of that matter unless any appeal brought by that person in the exercise of that right of appeal has first been determined.

(4) A Judge may at any time and after hearing such persons, if any, as the Judge thinks fit, give such directions prescribing the procedure to be followed in any particular case under this section as the Judge deems expedient having regard to the exigencies of the case and the interests of justice.

Section 195
Non-Attendance Or Refusal To Co-Operate

(1) Every person commits an offence, and is liable on conviction by the Court to a fine not exceeding $5,000, who, after being summoned under this Act as a witness,

(a) refuses or neglects, without sufficient cause, to attend as a witness before the Authority or the Court or to produce to the Authority or the Court any books, papers, documents, records, or things required by the summons to be produced; or

(b) refuses, without sufficient cause, to be sworn or to give evidence or, having been sworn, refuses to answer any question that the person is lawfully required by the Authority or the Court to answer concerning the proceedings.

(2) No person summoned under this Act as a witness is liable to a fine under this Act unless there has been paid or tendered to that person in accordance with clause 6 of Schedule 2 the amount fixed under subclause (3) of that clause or in accordance with clause 7 of Schedule 3 the amount fixed under subclause (3) of that clause.

Section 196
Contempt Of Court Or Authority

(1) This section applies where any person

(a) assaults, threatens, intimidates, or wilfully insults any person, being a member of the Authority, a Judge, an officer of the Authority, a Registrar of the Court, any other officer of the Court, or any witness, during that person's sitting or attendance in the Authority or the Court, or in going to or returning from the Authority or the Court; or

(b) wilfully interrupts or obstructs the proceedings of the Authority or the Court or otherwise misbehaves in the Authority or the Court; or

(c) wilfully and without lawful excuse disobeys any order or direction of the Authority or the Court in the course of the hearing of any proceedings.

(2) Where this section applies,

(a) any member of the police, with or without the assistance of any other person, may, by order of the Authority or the Court, take the offender into custody, and detain the offender until the rising of the Authority or the Court:

(b) a Judge, if the Judge thinks fit, may sentence the offender to imprisonment for any period not exceeding 3 months, or sentence the offender to pay a fine not exceeding $5,000 for every such offence; and, in default of payment of any such fine, may direct that the offender be imprisoned for any period not exceeding 3 months, unless the fine is sooner paid.

Section 197
Constitution Of Court

The Court consists of

(a) 1 Judge called the Chief Judge of the Employment Court:

(b) at least 2 other Judges who are to be called Judges of the Employment Court.

Section 198
Registrar And Officers Of Court

(1) The chief executive may from time to time designate such number of employees of the Department to act as Registrars of the Court as may be required, and appoint such other officers of the Court as may be required.

(2) Subject to section 153(6), an employee designated under subsection (1) may also hold any other office or position in the Authority or the Department.

Section 199
Seal Of Court

The Court is to have a seal, which is to be judicially noticed by all Courts and for all purposes.

Judges of the Court

Section 200
Appointment Of Judges

(1) The Judges of the Court are to be appointed by the Governor-General on the advice of the Attorney-General.

(2) No person may be appointed a Judge of the Court unless that person has held a practising certificate as a barrister or solicitor for at least 7 years.

(3) The jurisdiction of the Court is not affected by any vacancy in the number of Judges of the Court.

Section 201
Seniority

(1) Subject to subsections (2) and (3), the Judges of the Court other than the Chief Judge have seniority among themselves according to the dates of their appointments as Judges of the Court.

(2) If 2 or more of them are both appointed on the same day, they have seniority according to the precedence assigned to them by the Governor-General or, failing any such assignment, according to the order in which they take the judicial oath.

(3) Every permanent Judge has seniority over every temporary Judge.

Section 202
Senior Judge To Act As Chief Judge In Certain Circumstances

(1) While any vacancy exists in the office of Chief Judge, or during any absence from New Zealand of the Chief Judge, the senior Judge of the Court in New Zealand has authority to act as Chief Judge and to execute the duties of that office and to exercise all powers that may be lawfully exercised by the Chief Judge.

(2) Whenever by reason of illness or any cause other than absence from New Zealand the Chief Judge is prevented from exercising the duties of the office, the Governor-General may authorise the senior Judge of the Court to act as Chief Judge until the Chief Judge resumes those duties, and during that period to execute the duties of that office and to exercise all powers that may be lawfully exercised by the Chief Judge.

Section 203
Judges To Have Immunities Of High Court Judges

The Judges have all the immunities of a Judge of the High Court.

Section 204
Protection Of Judges Against Removal From Office

(1) A Judge of the Court may not be removed from office except by the Sovereign or the Governor-General, acting upon the address of the House of Representatives.

(2) An address under subsection (1) may be moved only on the grounds of

(a) the Judge's misbehaviour; or

(b) the Judge's incapacity to discharge the functions of the Judge's office.

Section 205
Age Of Retirement

Every Judge of the Court must retire from office on attaining the age of 68 years.

Section 206
Salaries And Allowances Of Judges

(1) There is to be paid to each Judge of the Court, out of public money, without further appropriation than this section,

(a) a salary at such rate as the Higher Salaries Commission from time to time determines; and

(b) such allowances as are from time to time determined by the Higher Salaries Commission; and

(c) such additional allowances, being travelling allowances or other incidental or minor allowances, as may be determined from time to time by the Governor-General.

(2) In the case of the Chief Judge, the rate of salary and the allowances determined may be higher than those for the other Judges.

(3) The salary of a Judge is not to be reduced while the Judge holds office.

(4) Any determination made under subsection (1)(c), and any provision of any such determination, may be made so as to come into force on a date specified in the determination, being the date of the making of the determination or any other date, whether before or after the date of the making of the determination or the date of the commencement of this section.

(5) Every determination made under subsection (1)(c), and every provision of any such determination, in respect of which no date is specified under subsection (4) comes into force on the date of the making of the determination.

Section 207
Appointment Of Temporary Judges

(1) The Governor-General may from time to time, whenever in the Governor-General's opinion it is necessary or expedient to make a temporary appointment, appoint 1 or more temporary Judges of the Court to hold office for such period as is specified in the warrant of appointment.

(2) The period so specified may not exceed 2 years or, in the case of a person who has attained the age of 68 years, 12 months; but any person appointed under this section may from time to time be reappointed.

(3) Except as provided in subsection (4), no person may be appointed as a Judge under this section unless that person is eligible for appointment as a Judge under section 200.

(4) A person otherwise qualified who has attained the age of 68 years (including a Judge who has retired after attaining that age) may, subject to subsection (2), be appointed as a Judge under this section.

(5) The power conferred by this section may be exercised at any time, even though there may be 1 or more persons holding the office of Judge, whether under section 200 or this section.

(6) Every Judge appointed under this section is to be paid

(a) such salary, not exceeding the salary payable for the time being to Judges other than the Chief Judge, as the Governor-General in Council directs; and

(b) the allowances to which the Judge would be entitled if the Judge were appointed under section 200.

(7) Nothing in the Higher Salaries Commission Act 1977 limits the provisions of subsection (6).

Section 208
Sittings

(1) Subject to section 209, the jurisdiction of the Court is to be exercised by a Judge sitting alone.

(2) Sittings of the Court are to be held at such times and places as are from time to time fixed by the Court.

(3) Sittings may be fixed either for a particular case or generally for a class of cases then before the Court and ripe for hearing.

(4) The Court may be adjourned from time to time and from place to place by the Judge or by the Registrar of the Court, whether at any sitting or at any time before the time fixed for the sitting.

Section 209
Full Court

(1) The Chief Judge may direct that the Court must sit as a full Court to hear and determine any proceedings, case, or question.

(2) The full Court comprises,

(a) as presiding member, the Chief Judge or a Judge nominated by the Chief Judge:

(b) at least 2 other Judges nominated by the Chief Judge.

Section 210
Quorum And Decision Of Court

(1) Where, in relation to any proceedings, case, or question, the Court consists of more than 1 Judge, the presence of at least 2 Judges is necessary to constitute a sitting of the Court for the purposes of those proceedings, or that case or question, except as otherwise expressly provided.

(2) The decision of a majority of the Judges present at the sitting of the Court is the decision of the Court.

(3) Where the Judges present at a sitting of the Court are equally divided in opinion, the decision of the Court, for the purposes of subsection (2), is the decision of the Chief Judge if the Chief Judge is present or, if the Chief Judge is not present, the decision of the most senior of the Judges present.

(4) The decision of the Court in every case must be signed by a Judge, and may be issued by a Judge or by the Registrar of the Court.

Section 211
Statement Of Case For Court Of Appeal

In any matter before the Court the Judge may, of the Judge's own motion, or on the application of any party, state a case for the Court of Appeal on any question of law arising in the matter, excluding any question as to the construction of any employment agreement.

Section 212
Court May Make Rules

(1) The Court may from time to time make rules (not inconsistent with this Act or with any regulations made under this Act) for the purpose of regulating the practice and procedure of the Court and the proceedings of parties.

(2) To the extent that the Court does not make rules under subsection (1) regulating the practice and procedure of the Court under

(a) section 99 (jurisdiction of Court in relation to torts); and

(b) section 100 (jurisdiction of Court in relation to injunctions); and

(c) section 194 (application for review),

proceedings in the Court under those sections are to be regulated by the rules applicable to proceedings founded on tort, injunctions, and judicial review in the High Court, as far as they are applicable and with all necessary modifications.

Review of proceedings

Section 213
Review Of Proceedings Before Court

(1) If, in relation to any proceedings before the Court, any person wishes to apply for a review under Part I of the Judicature Amendment Act 1972 or bring proceedings seeking a writ or order of, or in the nature of, mandamus, prohibition, or certiorari, or a declaration or an injunction, the provisions of subsections (2) to (4) apply.

(2) Despite anything in any other Act or rule of law, the application or proceedings referred to in subsection (1) must be made to or brought in the Court of Appeal.

(3) The Court of Appeal or a Judge of that Court may at any time and after hearing such persons, if any, as it or the Judge thinks fit, give such directions prescribing the procedure to be followed in any particular case under this section as it or the Judge considers expedient having regard to the exigencies of the case and the interests of justice and the object of this Act.

(4) The decision of the Court of Appeal on any such matter is final and conclusive, and there is no right of review of or appeal against the Court's decision.

Appeals

Section 214
Appeals To Court Of Appeal On Question Of Law

(1) Where a party to any proceedings under this Act is dissatisfied with any decision of the Court (other than a decision on the construction of any individual employment agreement or collective employment agreement) as being erroneous in point of law, that party may, with the leave of the Court of Appeal, appeal to the Court of Appeal against the decision; and section 66 of the Judicature Act 1908 applies to any such appeal.

(2) A party desiring to appeal to the Court of Appeal under this section against a decision of the Employment Court must, within 28 days after the date of the issue of the decision or within such further time as the Court of Appeal may allow, apply to the Court of Appeal, in such manner as may be directed by rules of Court, for leave to appeal to that Court.

(3) The Court of Appeal may grant leave accordingly if, in the opinion of that Court, the question of law involved in that appeal is one that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for decision.

(4) The Court of Appeal, in granting leave under this section, may, in its discretion, impose such conditions as it thinks fit, whether as to costs or otherwise.

(5) In its determination of an appeal, the Court of Appeal may confirm, modify, or reverse the decision appealed against or any part of that decision.

(6) Neither an application for leave to appeal nor an appeal operates as a stay of proceedings on the decision to which the application or the appeal relates unless the Court or the Court of Appeal so orders.

(7) The decision of the Court of Appeal on an appeal to that Court under this section, and on an application for leave to appeal under this section, is final.

Section 215
Court Of Appeal May Refer Appeals Back For Reconsideration

(1) Despite anything in section 214, the Court of Appeal may in any case, instead of determining an appeal under that section, direct the Court to reconsider, either generally or in respect of any specified matters, the whole or any specified part of the matter to which the appeal relates.

(2) In giving a direction under this section, the Court of Appeal must

(a) advise the Court of its reasons for so doing; and

(b) give the Court such directions as it thinks just as to the rehearing or reconsideration or otherwise of the whole or any part of the matter that is referred back for reconsideration.

(3) In reconsidering the matter, the Court must have regard to

(a) the Court of Appeal's reasons for giving a direction under subsection (1); and

(b) the Court of Appeal's directions under subsection (2)(b).

Special provision in respect of appeals

Section 216
Obligation To Have Regard To Special Jurisdiction Of Court

In determining an appeal under section 214 or section 218, the Court of Appeal must have regard to

(a) the special jurisdiction and powers of the Court; and

(b) the object of this Act and the objects of the relevant Parts of this Act; and

(c) in particular, the provisions of sections 189, 190, 193, 219, and 221.

Other appeals

Section 217
Appeal To Court Of Appeal Against Conviction Or Order Or Sentence In Respect Of Contempt Of Court

Any person who has been convicted of an offence against this Act, and any person against whom an order (other than an order to the effect only that a person be taken into custody until the rising of the Court) has been made under section 140(6) or section 196 of this Act or section 11A(7) of the Minimum Wage Act 1983, may appeal to the Court of Appeal against the order as if that person were a defendant who had been convicted on an information and sentenced by the High Court.

Section 218
Appeal To Court Of Appeal In Respect Of Order On Application For Review

Any party to an application for review or other proceeding under section 194 who is dissatisfied with any final or interlocutory order in respect of the application may appeal to the Court of Appeal; and section 66 of the Judicature Act 1908 applies to any such appeal.

Miscellaneous provisions

Section 219
Validation Of Informal Proceedings Etc.

(1) If anything which is required or authorised to be done by this Act is not done within the time allowed, or is done informally, the Court, or the Authority, as the case may be, may in its discretion, on the application of any person interested, make an order extending the time within which the thing may be done, or validating the thing so informally done.

(2) Nothing in this section authorises the Court to make any such order in respect of judicial proceedings then already instituted in any court other than the Court.

Section 220
Documents Under Seal And Certain Signatures To Be Judicially Noticed

(1) Every document bearing the seal of the Authority or the Court is to be received in evidence without further proof, and the signature of a member of the Authority, or of a Judge, or of the Registrar of the Court, or of an officer of the Authority is to be judicially noticed in or before any Court or before any person or officer acting judicially or under any power or authority conferred by this Act, if the signature is attached to some order, certificate, or other official document made or purporting to be made under this Act or under any Act or provision of an Act repealed by this Act.

(2) No proof is required of the handwriting or official position of any person acting under this section.

Section 221
Joinder Waiver And Extension Of Time

In order to enable the Court or the Authority, as the case may be, to more effectually dispose of any matter before it according to the substantial merits and equities of the case, it may, at any stage of the proceedings, of its own motion or on the application of any of the parties, and upon such terms as it thinks fit, by order,

(a) direct parties to be joined or struck out; and

(b) amend or waive any error or defect in the proceedings; and

(c) subject to section 114(4), extend the time within which anything is to or may be done; and

(d) generally give such directions as are necessary or expedient in the circumstances.

Section 222
Application Of Official Information Act 1982

Nothing in the Official Information Act 1982 applies to any information held by the Department or the Authority or the Court in relation to any proceedings brought before the Authority or the Court.

End of Part 10

Table Of Contents	Part 6 Individual Employees	Schedule 1 Essential Services
Part 1 Key Provisions	Part 7 Education Leave	Schedule 2 Employment Authority
Part 2 Preliminary Provisions	Part 8 Strikes And Lockouts	Schedule 3 Employment Court
Part 3 Freedom Of Association	Part 9 Disputes And Enforcement	Schedule 4 Changes to Police Act
Part 4 Operation Of Unions	Part 10 Institutions	Schedule 5 Enactments Amended
Part 5 Collective Bargaining	Part 11 General Provisions	Schedule 6 Enactments Repealed

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Updated: 9th December 2008
Published: 27th August 2000

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