New Zealand Acts

EMPLOYMENT RELATIONS ACT 2000 - SECT 177

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.

4 Subsection (1) does not apply—

a) to a question about the procedure that the Authority has followed, is following, or is intending to follow; and

b) without limiting paragraph (a), to a question about whether the Authority may follow or adopt a particular procedure.

Note: 1991 No 22 s 93

History: Section 177(4): added, on 1 December 2004, by section 57 of the Employment Relations Amendment Act (No 2) 2004 (2004 No 86).