New Zealand Repealed Acts

This legislation has been repealed.

FAIR PAY AGREEMENTS ACT 2022 - SECT 282

282 Extent of Labour Inspectors’ powers

1 A Labour Inspector’s powers under section 281 —

a) apply only for the purpose of the Labour Inspector determining whether an employee is a covered employee in relation to a fair pay agreement under section 277 ; and

b) permit a Labour Inspector to require a controlling third party to provide information only if the Labour Inspector reasonably believes that the controlling third party holds information that may assist the Labour Inspector to determine whether an employee is a covered employee; and

c) are subject to sections 230 to 233 of the Employment Relations Act 2000 ; and

d) are in addition to the Labour Inspector’s powers under section 229 of that Act.

2 A Labour Inspector may only interview an employee under section 281(1)(b)(iv) or (v) if—

a) the employee consents to being interviewed; and

b) the interview takes place at a reasonable time of the day.

3 A Labour Inspector may only interview an employee under section 281(1)(b)(v) if the Labour Inspector reasonably believes that—

a) the employee who is the subject of the determination, or that employee’s employer, has not provided sufficient information for the Labour Inspector to make the determination; and

b) the employee holds information that would contribute meaningfully to the Labour Inspector’s determination.

4 A Labour Inspector may interview—

a) a person described in section 281(1)(b)(i), (ii), or (iii) in person; or

b) a person described in section 281(1)(b)(iv) or (v) in person or by way of telephone conference or video link.

5 A Labour Inspector may recover a penalty under this Act in the Authority for a breach of any provision that provides for the imposition of a penalty.