New Zealand Repealed Acts

This legislation has been repealed.

FAIR PAY AGREEMENTS ACT 2022 - SECT 281

281 Extended powers of Labour Inspectors

1 For the purpose of determining whether an employee is a covered employee under section 277 , a Labour Inspector has the following powers:

a) the power to enter, at any reasonable hour, any premises where any person is employed or where the Labour Inspector has reasonable cause to believe that any person is employed (including the premises of a controlling third party), accompanied, if the Labour Inspector thinks fit, by any other employee of the department qualified to assist or by a constable:

b) the power to interview any—

i) person at any premises of the kind described in paragraph (a):

ii) employer:

iii) controlling third party:

iv) employee (including an employee of a controlling third party):

v) employee of a business that has a contract with the employer of the employee who is the subject of the determination:

c) the power to require the production of, to inspect, and to take copies from—

i) any wages and time record or any holiday and leave record whether kept under this Act, the Employment Relations Act 2000 , or any other Act:

ii) any records that an employer is required to keep under sections 269 and 270 :

iii) any other document held that records the remuneration of any employees (including an employee of a controlling third party, or that is under the direction and control of a controlling third party):

iv) any other document that the Labour Inspector reasonably believes may assist in determining whether an employee is a covered employee under section 277 :

d) the power to require any employer or controlling third party to supply to the Labour Inspector, in relation to any employee of that employer or controlling third party, 1 or more of the following:

i) a copy of the wages and time record or holiday and leave record or employment agreement:

ii) any records that an employer is required to keep under sections 269 and 270 :

e) the power to question any employer or controlling third party.

2 An employer or a controlling third party that is required, under subsection (1)(c) or (d), to provide any information to a Labour Inspector must comply with the requirement immediately.

3 An employer or a controlling third party who, without reasonable cause, fails to comply with any requirement made under subsection (1)(c) or (d)—

a) is not liable to a penalty under the Employment Relations Act 2000 ; but

b) is liable, in an action brought by a Labour Inspector, to a penalty imposed by the Authority not exceeding the applicable amount specified in section 212 .

4 A Labour Inspector must not use any evidence or information obtained under section 281 for any purpose other than to determine whether an employee is a covered employee under section 277 .

5 For the purpose of this section and section 282 ,
"controlling third party" has the same meaning as in section 5 of the Employment Relations Act 2000 .