Procedure in the Employment Court is governed by the Employment Court Regulations 2000, in some situations by the High Court Rules 2016 and the District Court Act 2016, and/or by the Practice Directions issued from time to time by the Court.
Practice directions
The following are the current Practice Directions: Employment Court Practice Directions [PDF, 464 KB]
The last date of revision was 14 December 2018, to Directions numbered: 5: Electronic Filing; 7: Applications to Extend Time to File Documents; 8: Search and Freezing Orders; 9: Amended pleadings generally; 10: Statements of defence to amended statements of claim; 11: Amended Challenges Incorporating Costs Determinations; 14: Prosecutions for Offences Under Employment Relations Act 2000; and 15: Sealed Judgments and Certificates of Judgment for Appeals and Other Purposes.
These Practice Directions cover: Front sheets, applications and communications with the Court, provision of copies of authorities, final submissions at hearing, electronic filing, applications for rehearing, applications to extend time to file documents, search and freezing orders, amended pleadings generally, statements of defence to amended statements of claim, full courts, presence of others at telephone or video conference hearings, prosecutions for offences under Employment Relations Act 2000, sealed judgments for appeals, and costs guideline scale.
Revocation of Practice Direction
As from 1 May 2014 the Court's 2005 Practice Direction affecting cross-challenges was revoked. This means that if a defendant wishes to cross-challenge an Employment Relations Authority determination after the expiry of the 28 day period for doing so under s 179(2) of the Employment Relations Act 2000, an application to extend the time for filing the challenge is required. If you are in any doubt about the effect of this change, you should seek legal advice about it. Lawyers and lay advocates were advised of this change through their professional associations.
If you want to see the previous practice directions ask the registrar by telephone or email. Find the contact details on our page Contact and find us.
Legislation and rules
The following pieces of legislation may also be useful.
General
- Employment Relations Act 2000(external link)
- Employment Relations Amendment Act (no 2) 2016(external link)
- Employment Court Regulations 2000(external link)
- Employment Relations (Prescribed Matters) Regulations 2000(external link)
- Employment Relations Authority Regulations 2000(external link)
- High Court Rules(external link)
Health and safety
- Health and Safety at Work Act 2015(external link)
- Health and Safety at Work (General Risk and Workplace Management) Regulations 2016(external link)
- Health and Safety at Work (Worker Engagement, Participation and Representation) Regulations 2016(external link)
- Health and Safety at Work (Major Hazard Facilities) Regulations 2016(external link)
- Health and Safety at Work (Asbestos) Regulations 2016(external link)
- Health and Safety at Work (Adventure Activities) Regulations 2016(external link)
- Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016(external link)
- Health and Safety at Work (Petroleum Exploration and Extraction) Regulations 2016(external link)
- Health and Safety at Work (Rates of Funding Levy) Regulations 2016(external link)
- WorkSafe New Zealand Act 2013(external link)
Pay and wages
- Equal Pay Act 1972(external link)
- KiwiSaver Act 2006(external link)
- KiwiSaver Regulations 2006(external link)
- Minimum Wage Act 1983(external link)
- Minimum Wage Order 2015(external link)
- Wages Protection Act 1983(external link)
Leave
- Holiday Act 2003(external link)
- Parental Leave and Employment Protection Act 1987(external link)
- Parental Leave and Employment Protection Regulations 2002(external link)
- Parental leave and Employment Protection (Rate of Parental Leave Payment) Regulations 2014(external link)
Human rights
Other
- Industry Training and Apprenticeships Act 1992(external link)
- Privacy Act 1993(external link)
- Protected Disclosure Act 2000(external link)
- Volunteers Employment Protection Act 1973(external link)
- Twitter Policy [PDF, 122 KB]
The last date of revision was 14 December 2018, to Directions numbered:
5: Electronic Filing;
7: Applications to Extend Time to File Documents;
8: Search and Freezing Orders;
11: Amended Challenges Incorporating Costs Determinations;
14: Prosecutions for Offences Under Employment Relations Act 2000; and
15: Sealed Judgments and Certificates of Judgment for Appeals and Other Purposes.
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