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EMPLOYMENT RELATIONS ACT 2000
- As at 13 November 2025
- Act 24 of 2000
TABLE OF PROVISIONS
1. Title
2. Commencement
PART 1 - Key provisions
3. Object of this Act
4. Parties to employment relationship to deal with each other in good faith
4A. Penalty for certain breaches of duty of good faith
Note
4B. Employer’s general obligation to keep records relating to minimum entitlement provisions
PART 2 - Preliminary provisions
5. Interpretation
5A. Provisions affecting application of amendments to this Act
6. Meaning of employee
6A. Status of examples
PART 3 - Freedom of association
7. Object of this Part
8. Voluntary membership of unions
9. Prohibition on preference
10. Contracts, agreements, or other arrangements inconsistent with section 8 or section 9
11. Undue influence
PART 4 - Recognition and operation of unions
12. Object of this Part
13. Application by society to register as union
14. When society entitled to be registered as union
15. Registration of society as union
16. Annual return of members
17. Cancellation of union's registration
18. Union entitled to represent members' interests
18A. Union delegates entitled to reasonable paid time to represent employees
19. Workplace does not include dwellinghouse
20. Access to workplaces
20A. Representative of union must obtain consent to enter workplace
21. Conditions relating to access to workplaces
22. When access to workplaces may be denied
23. When access to workplaces may be denied on religious grounds
24. Issue of certificate of exemption
25. Penalty for certain acts in relation to entering workplace
26. Union meetings
27. Registrar of Unions
28. Registrar of Unions may seek directions of Authority
29. Persons who have standing in proceedings relating to unions
30. Offence to mislead Registrar
Note
30A. Union may provide employer with information about role and functions of union to pass on to prospective employees
PART 5 - Collective bargaining
31. Object of this Part
32. Good faith in bargaining for collective agreement
33. Duty of good faith requires parties to conclude collective agreement unless genuine reason not to
34. Providing information in bargaining for collective agreement
35. Codes of good faith
36. Appointment of committee to recommend codes of good faith
37. Minister may approve code of good faith not recommended by committee
38. Amendment and revocation of code of good faith
39. Authority or court may have regard to code of good faith
40. Who may initiate bargaining
41. When bargaining may be initiated
42. How bargaining initiated
43. Employees' attention to be drawn to initiation of bargaining
44. When bargaining initiated
44A. Employer may opt out of bargaining for collective agreement, or for agreement to join collective agreement, involving 2 or more employers
44B. How to opt out
44C. Effect of opting out
45. One or more unions proposing to initiate bargaining with 2 or more employers for single collective agreement
46. Terms of question for secret ballot
47. When secret ballots required after employer initiates bargaining for single collective agreement
48. When requirement for secret ballot does not apply
49. Parties joining bargaining after it begins
50. Consolidation of bargaining
Note
50A. Purpose of facilitating collective bargaining
50B. Reference to Authority
50C. Grounds on which Authority may accept reference
50D. Limitation on which member of Authority may provide facilitation
50E. Process of facilitation
50F. Statements made by parties during facilitation
50G. Proposals made or positions reached during facilitation
50H. Recommendation by Authority
50I. Party must deal with Authority in good faith
Note
50J. Remedy for serious and sustained breach of duty of good faith in section 4 in relation to collective bargaining
Note
50K. Authority may determine that bargaining has concluded
50KA. Declaration or determination under section 50K not to be made if breach of duty of good faith by party seeking declaration
51. Ratification of collective agreement
52. When collective agreement comes into force and expires
53. Continuation of collective agreement after specified expiry date
54. Form and content of collective agreement
55. Deduction of union fees
56. Application of collective agreement
56A. Application of collective agreement to subsequent parties
57. Employee bound by only 1 collective agreement in respect of same work
58. Employee who resigns as member of union but does not resign as employee
59. Copy of collective agreement to be delivered to chief executive
Note
59A. Interpretation
59B. Breach of duty of good faith to pass on, in certain circumstances, in individual employment agreement terms and conditions agreed in collective bargaining or in collective agreement
59C. Breach of duty of good faith to pass on, in certain circumstances, in collective agreement provisions agreed in other collective bargaining or another collective agreement
PART 6 - Individual employees' terms and conditions of employment
60. Object of this Part
Note
60A. Good faith in bargaining for individual employment agreement
Note
61. Employee bound by applicable collective agreement may agree to additional terms and conditions of employment
62. Terms and conditions for first 30 days of employment of new employee who is not member of union
62A. Employer must share new employee information with union unless employee objects
63. Terms and conditions of employment of employee who is not member of union after expiry of 30-day period
63. Terms and conditions of employment of new employee who is not member of union
Note
63A. Bargaining for individual employment agreement or individual terms and conditions in employment agreement
63B. Additional employer obligations when bargaining for terms and conditions of employment under section 62
Note
64. Employer must retain copy of individual employment agreement or individual terms and conditions of employment
65. Form and content of individual employment agreement
Note
65A. Deduction of union fees
66. Fixed term employment
67. Probationary arrangements
67A. Employment agreement may contain provision for trial period for 90 days or less
67B. Effect of trial provision under section 67A
67C. Agreed hours of work
67D. Availability provision
67E. Employee may refuse to perform certain work
67F. Employee not to be treated adversely because of refusal to perform certain work
67G. Cancellation of shifts
67H. Secondary employment provisions
Note
68. Unfair bargaining for individual employment agreements
69. Remedies for unfair bargaining
PART 6AA - Flexible working
Note
69AA. Object of this Part
69AAA. Interpretation
Note
69AAB. When employee may make request
69AAC. Requirements relating to request
69AAD. Limitation on frequency of requests
Note
69AAE. Employer must notify decision as soon as possible
69AAF. Grounds for refusal of request by employer
Note
69AAG. Role of Labour Inspector
69AAH. Labour Inspectors and mediation
69AAI. Application to Authority
69AAJ. Penalty
69AAK. Limitation on challenging employer
Note
69AAL. Review of operation of Part after 2 years
PART 6AB - Flexible working short-term for people affected byfamilyviolence
Note
69AB. Object of this Part
69ABA. Interpretation
Note
69ABB. When and why employee may make request
69ABC. Requirements relating to request
Note
69ABE. Employer must notify decision as soon as possible
69ABEA. Proof of family violence
69ABF. Grounds for refusal of request by employer
Note
69ABG. Employee has choice of procedure at initial stage
69ABH. Mediation after initial reference to Labour Inspector
69ABI. Application to Authority after initial or later reference to mediation
69ABJ. Penalty
69ABK. Limitation on challenging employer
PART 6A - Continuity of employment if employees' work affected by restructuring
Note
SUBPART 1 - Specified categories of employees
Note
69A. Object of this subpart
69B. Interpretation
69C. Meaning of contracting in, contracting out, and subsequent contracting
69CA. Exempt employer
69CB. Warranty
69CC. Persons warranty to be provided to
69CD. Provision of information for purposes of giving warranty
69CE. When warranty must be provided
69D. Meaning of new employer
69DA. Associated person
69E. Examples of contracting in, contracting out, and subsequent contracting
69F. Application of this subpart
69FA. Employer's breach of obligations not to affect employee's rights and new employer's obligations
69G. Notice of right to make election
69H. Employee bargaining for alternative arrangements
69I. Employee may elect to transfer to new employer
69J. Employment of employee who elects to transfer to new employer treated as continuous
69K. Terms and conditions of employment of transferring employee under fixed term employment
69L. Agreements excluding entitlements for technical redundancy not affected
69LA. Liability for costs of service-related entitlements of transferring employee
69LB. Resolving disputes about apportioning liability for costs of service-related entitlements
69LC. Implied warranty by employer of transferring employees
69M. New employer becomes party to collective agreement that binds employee electing to transfer
69N. Employee who transfers may bargain for redundancy entitlements with new employer
69O. Authority may investigate bargaining and determine redundancy entitlements
69OAA. False warranty: exempt employer
SUBPART 2 - Disclosure of information relating to transfer of employees
Note
69OA. Object of this subpart
69OB. Interpretation
69OC. Disclosure of employee transfer costs information
69OD. Provision of employee transfer costs information by other persons
69OE. Updating disclosure of employee transfer costs information
69OEA. Disclosure of individualised employee information
69OF. Employer who is subject to Official Information Act 1982
69OG. Subpart prevails over agreement
SUBPART 3 - Other employees
Note
69OH. Object of this subpart
69OI. Interpretation
69OJ. Collective agreements and individual employment agreements must contain employee protection provision
69OK. Affected employee may choose whether to transfer to new employer
SUBPART 4 - Review of Part
Note
69OL. Review of operation of Part after 3 years
PART 6B - Bargaining fees
Note
69P. Interpretation
69Q. Bargaining fee clause does not come into force unless agreed to first by employer and union and then by secret ballot
69R. Employer to notify employees if bargaining fee clause agreed to
69S. Which employees bargaining fee clause applies to
69T. Bargaining fee clause binding on employer and employee
69U. Amount of bargaining fee
69V. Expiry of bargaining fee clause
69W. Validity of bargaining fee clause
PART 6C - Breastfeeding facilities and breaks
Note
69X. Interpretation
69Y. Employer's obligation
69Z. Breastfeeding breaks additional to breaks under Part 6D
69ZA. Code of employment practice relating to employer's obligation
69ZB. Penalty
PART 6D - Rest breaks and meal breaks
Note
69ZC. Interpretation
69ZD. Employee’s entitlement to, and employer’s duty to provide, rest breaks and meal breaks
69ZE. Timing of rest breaks and meal breaks
69ZEA. Exemption from requirement to provide rest breaks and meal breaks
69ZEB. Compensatory measures
69ZF. Penalty
69ZG. Relationship between Part and employment agreements
69ZH. Relationship between this Part and other enactments
PART 7 - Employment relations education leave
70. Object of this Part
71. Interpretation
72. Minister to approve employment relations education
73. Union entitled to allocate employment relations education leave
74. Calculation of maximum number of days of employment relations education leave
75. Union to notify employer of maximum number of days of employment relations education leave calculated
76. Allocation of employment relations education leave calculated in respect of another employer
77. Allocation of employment relations education leave to eligible employee
78. Eligible employee proposing to take employment relations education leave
79. Eligible employee taking employment relations education leave entitled to ordinary pay
PART 8 - Strikes and lockouts
80. Object of this Part
81. Meaning of strike
82. Meaning of lockout
82AA. Meaning of partial strike and specified pay deduction
82A. Requirement for union to hold secret ballot before strike
82B. Terms of question for secret ballot
82C. When requirement for secret ballot does not apply
83. Lawful strikes and lockouts related to collective bargaining
84. Lawful strikes and lockouts on grounds of safety or health
85. Effect of lawful strike or lockout
86. Unlawful strikes or lockouts
Note
86A. Notice of strike
86B. Notice of lockout
87. Suspension of striking employees
88. Suspension of non-striking employees where work not available during strike
89. Basis of suspension
90. Strikes in essential services
91. Lockouts in essential services
92. Chief executive to ensure mediation services provided
93. Procedure to provide public with notice before strike in certain passenger transport services
94. Procedure to provide public with notice before lockout in certain passenger transport services
95. Penalty for breach of section 93(4) or 94(4)
Note
95AA. Withdrawal of notice of strike or lockout
Note
95A. Employer may make specified pay deductions in relation to partial strike
95B. Notice of specified pay deduction
95C. Calculation of specified pay deduction
95D. Relationship between specified pay deduction and minimum wage
Note
95E. Union may request information about application or calculation of specified pay deduction
95F. Employer must respond to request for information about application or calculation of specified pay deduction
95G. Resolution of problem relating to specified pay deduction
Note
95A. Meaning of partial strike and specified pay deduction
Note
95B. Employer may make specified pay deductions in relation to partial strike
95C. Notice of specified pay deduction
95D. Calculation of specified pay deduction
95E. Relationship between specified pay deduction and minimum wage
Note
95F. Union may request information about specified pay deduction
95G. Employer must respond to request for information about specified pay deduction
95H. Resolution of problem relating to specified pay deduction
96. Employer not liable for wages during lockout
97. Performance of duties of striking or locked out employees
98. Record of strikes and lockouts
99. Jurisdiction of court in relation to torts
100. Jurisdiction of court in relation to injunctions
PART 8A - Codes of employment practice and code of good faith for public health sector
Note
Note
100A. Codes of employment practice
100B. Amendment and revocation of code of practice
100C. Authority or court may have regard to code of employment practice
Note
100D. Code of good faith for public health sector
100E. Amendments to or replacement of code of good faith for public health sector
100F. Code of good faith for employment relationships in relation to provision of services by New Zealand Police
100G. Amendments to or replacement of code of good faith for employment relationships in relation to provision of services by New Zealand Police
PART 9 - Personal grievances, disputes, and enforcement
101. Object of this Part
102. Employee may pursue personal grievance under this Act
103. Personal grievance
103A. Test of justification
103B. Joining controlling third party to personal grievance
104. Discrimination
105. Prohibited grounds of discrimination for purposes of section 104
106. Exceptions in relation to discrimination
107. Definition of union membership status or involvement in union activities for purposes of section 104
108. Sexual harassment
108A. Adverse treatment in employment of people affected by family violence
109. Racial harassment
110. Duress
110A. Adverse conduct for prohibited health and safety reason
110AB. Adverse conduct for remuneration disclosure reason
110B. Retaliation against whistleblower
111. Definitions relating to personal grievances
112. Choice of procedures
113. Personal grievance provisions only way to challenge dismissal
114. Raising personal grievance
115. Further provision regarding exceptional circumstances under section 114
115A. Notifying controlling third party of personal grievance
116. Special provision where sexual harassment alleged
117. Sexual or racial harassment by person other than employer
118. Sexual or racial harassment after steps not taken to prevent repetition
119. Presumption in discrimination cases
120. Statement of reasons for dismissal
121. Statements privileged
122. Nature of personal grievance may be found to be of different type from that alleged
123. Remedies
123A. Remedies where controlling third party caused or contributed to personal grievance
124. Remedy reduced if contributing behaviour by employee
125. Reinstatement to be primary remedy
126. Provisions applying if reinstatement ordered
127. Authority may order interim reinstatement
128. Reimbursement
129. Person bound by, or party to, employment agreement may pursue dispute under this Act
130. Wages and time record
131. Arrears
132. Failure to keep or produce records
133. Jurisdiction concerning penalties
133A. Matters Authority and court to have regard to in determining amount of penalty
134. Penalties for breach of employment agreement
134A. Penalty for obstructing or delaying Authority investigation
135. Recovery of penalties
135A. Chief executive or Labour Inspector may enforce payment of penalty
136. Application of penalties recovered
137. Power of Authority to order compliance
138. Further provisions relating to compliance order by Authority
139. Power of court to order compliance
140. Further provisions relating to compliance order by court
140AA. Sanctions for breaches without compliance order
140A. Compliance order in relation to disclosure of employee transfer costs information and individualised employee information
141. Enforcement of order
142. Limitation period for actions other than personal grievances
PART 9A - Additional provisions relating to enforcement of employment standards
Note
142A. Object of this Part
Note
142B. Court may make declarations of breach
142C. Purpose and effect of declarations of breach
142D. What declaration of breach must state
Note
142E. Pecuniary penalty orders
142F. Matters court to have regard to in determining amount of pecuniary penalty
142G. Maximum amount of pecuniary penalty
142H. Chief executive or Labour Inspector may enforce payment of pecuniary penalty
142I. Limitation period for actions for pecuniary penalty orders
Note
142J. Court may make compensation orders
142K. Application of section 132 of this Act and section 83 of Holidays Act 2003
142L. Terms of compensation orders
Note
142M. Banning orders
142N. Terms of banning order
142O. Duration of banning order
142P. Variation of banning order
142Q. General provisions for banning orders
142R. Offence to breach banning order
Note
142S. Standard of proof
Note
142T. More than one kind of order may be made for same breach
142U. No pecuniary penalty and criminal sanction or other penalty for same conduct
Note
142V. Insurance against pecuniary penalties unlawful
Note
142W. Involvement in breaches
142X. Person involved in breach liable to penalty
142Y. When person involved in breach liable for default in payment of wages or other money due to employee
142Z. State of mind of directors, employees, or agents attributed to body corporate or other principal
142ZA. Conduct of directors, employees, or agents attributed to body corporate or other principal
Note
142ZB. Proceedings in which defences apply
142ZC. Defences for person in breach
142ZD. Defences for person involved in breach
PART 10 - Institutions
143. Object of this Part
144. Mediation services
144A. Dispute resolution services
145. Provision of mediation services
146. Access to mediation services
147. Procedure in relation to mediation services
148. Confidentiality
148A. Certain entitlements may be subject to mediation and agreed terms of settlement
149. Settlements
149A. Recommendation to parties
150. Decision by authority of parties
150A. Payment on resolution of problem
151. Enforcement of terms of settlement agreed or authorised
152. Mediation services not to be questioned as being inappropriate
153. Independence of mediation personnel
154. Other mediation services
155. Arbitration
156. Employment Relations Authority
157. Role of Authority
158. Lodging of applications
159. Duty of Authority to consider mediation
159AA. When mediation in relation to breach of employment standards is appropriate
159A. Duty of Authority to prioritise previously mediated matters
160. Powers of Authority
161. Jurisdiction
162. Application of law relating to contracts
163. Restriction on Authority's power in relation to collective agreements
164. Application to individual employment agreements of law relating to contracts
165. Other provisions relating to investigations of Authority
166. Membership of Authority
166A. Role of Chief of Authority
166B. Delegation of Chief of Authority’s functions, duties, or powers
167. Appointment of members
168. Oath of office
169. Term of office
170. Vacation of office
171. Salaries and allowances
172. Temporary appointments
172A. Reports from Inspector-General of Intelligence and Security
173. Procedure
173A. Recommendation to parties
174. Authority must give oral determination or oral indication of preliminary findings wherever practicable
174A. Oral determinations
174B. Oral indication of preliminary findings
174C. Authority may reserve determination
174D. Authority may determine matter without holding investigation meeting
174E. Content of written determinations
175. Seal of Authority
176. Protection of members of Authority, etc
177. Referral of question of law
178. Removal to court generally
178AA. Removal to court of proceeding involving national security information
178A. Challenge in respect of dismissal of frivolous or vexatious proceedings
179. Challenges to determinations of Authority
179A. Limitation on challenges to certain determinations of Authority
179B. Limitations on consideration by Employment Court of matters arising under Part 6AA or 6AB
179C. Limitations on consideration by Employment Court of matters arising under section 30D of Parental Leave and Employment Protection Act 1987
180. Election not to operate as stay
181. Report in relation to good faith
182. Hearings
183. Decision
184. Restriction on review
185. Staff of Authority
186. Employment Court
187. Jurisdiction of court
188. Role in relation to jurisdiction
188A. When mediation in relation to breach of employment standards is appropriate
189. Equity and good conscience
190. Application of other provisions
191. Other provisions relating to proceedings of court
192. Application to collective agreements of law relating to contracts
193. Proceedings not to be questioned
194. Application for review
194A. Application for review by certain employees
195. Non-attendance or refusal to co-operate
196. Application of Contempt of Court Act 2019
197. Constitution of court
198. Registrar and officers of court
198A. Registrar may take affidavit
199. Seal of court
200. Appointment of Judges
200AA. Judge not to undertake other employment or hold other office
200AB. Protocol relating to activities of Judges
200A. Judges act on full-time basis but may be authorised to act part-time
201. Seniority
202. Senior Judge to act as Chief Judge in certain circumstances
203. Judges to have immunities of High Court Judges
204. Protection of Judges against removal from office
205. Age of retirement
206. Salaries and allowances of Judges
207. Appointment of acting Judges
208. Sittings
209. Full court
210. Quorum and decision of court
211. Statement of case for Court of Appeal
212. Court may make rules
213. Review of proceedings before court
214. Appeals on question of law
214AA. Appeals against decisions under Part 9A
214A. Appeals to Supreme Court on question of law in exceptional circumstances
215. Court of Appeal may refer appeals back for reconsideration
216. Obligation to have regard to special jurisdiction of court
217. Appeal to Court of Appeal against conviction or order or sentence in respect of contempt of court
218. Appeal to Court of Appeal in respect of order on application for review
219. Validation of informal proceedings, etc
220. Documents under seal and certain signatures to be judicially noticed
221. Joinder, waiver, and extension of time
222. Application of Official Information Act 1982
222A. Information regarding reserved judgments
222B. Recusal guidelines
222C. Judge may make order restricting commencement or continuation of proceeding
222D. Grounds for making section 222C order
222E. Terms of section 222C order
222F. Procedure and appeals relating to section 222C orders
PART 11 - General provisions
Note
223AAA. Functions of chief executive
223. Labour Inspectors
223A. Functions of Labour Inspector
Note
223B. Enforceable undertakings
223C. Enforcement of undertakings
Note
223D. Labour Inspector may issue improvement notice
223E. Objection to improvement notice
223F. Penalty
223G. Withdrawal of improvement notice
224. Demand notice
225. Objections to demand notice
226. Authority to determine objection
227. Withdrawal of demand notice
228. Actions by Labour Inspector
229. Powers of Labour Inspectors
229A. Investigating question of employment
230. Entry of dwellinghouses
231. Entry warrant
232. Compilation of wages and time record
233. Obligations of Labour Inspectors
233A. Obligation of Labour Inspector and department not to disclose information
233B. Information sharing
234. Circumstances in which officers, directors, or agents of company liable for minimum wages and holiday pay
235. Obstruction
Note
235A. Interpretation
235B. Infringement offences
235C. When infringement notice may be issued
235D. Revocation of infringement notice before payment made
235DA. What infringement notice must contain
235DB. How infringement notice may be served
235DC. Reminder notices
235E. Infringement fees
235EA. Infringement fine
235F. Payment of infringement fee
235G. Infringement fee and penalty not payable for the same conduct
236. Representation
237. Regulations
237AA. Chief executive may approve forms
237A. Amendments to Schedule 1A
237A. Amendments to Schedule 1A
237B. Regulations providing for waiver, etc, of fees
237C. Postponement of fees
237D. Reviews of decisions of Registrars concerning fees
238. No contracting out
238A. Provisions relating to COVID-19 vaccinations
239. New Schedule 3 substituted in Police Act 1958
240. Consequential amendments
241. Repeals
242. Enforcement of existing individual employment contracts
243. Enforcement of existing collective employment contracts
244. Existing collective employment contracts and collective bargaining
245. Existing procedures in relation to disputes and personal grievances
246. Expiration of existing collective employment contracts
247. Existing proceedings
248. Existing causes of action
249. Employment Tribunal
250. Exercise of powers of Employment Tribunal after 31 January 2001
251. Exercise of powers of Authority before close of 31 January 2001
252. Exercise by Authority of powers of Tribunal after 31 January 2001
253. Existing appointments
254. Application, savings, and transitional provisions relating to amendments to Act
SCHEDULE 1AA
SCHEDULE 1
SCHEDULE 1A
SCHEDULE 1B
SCHEDULE 1C
SCHEDULE 2
SCHEDULE 3
SCHEDULE 3A
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
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