Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001

1: Title
1: This Act is the Employment Relations (Validation of Union Registration and Other Matters) Amendment Act 2001.
2: In this Act, the Employment Relations Act 2000 the principal Act
1: Preliminary provisions
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Purpose
The purpose of this Act is—
a: to validate the registration of certain societies as unions under the principal Act, and to provide for matters relating to the validation; and
b: to amend the principal Act to provide that the Employment Relations Authority, in complying with the rules of natural justice, is not required to allow cross-examination of parties or persons, but may, in its absolute discretion, permit such cross-examination.
2: Validation of union registration, and amendments relating to cross-examination
Validation of union registration and related matters
4: Registration of unions validated
1: A society that the Registrar of Unions purported to register as a union before the commencement of the principal Act is deemed to be, and to have always been, registered as a union by the Registrar of Unions on 2 October 2000.
2: The registration of a society as a union on or after the commencement of the principal Act is not to be treated as unlawful or of no effect because the society's application for registration as a union was made, or made and processed, before the commencement of the principal Act.
5: Certificates of registration
1: The certificate of registration of a society that section 4(1)
2: If the certificate of registration of a society that section 4(1) (2) subsection (3)
3: A second certificate of registration has no effect if the certificate was obtained—
a: by a society that section 4(1) (2)
b: after the commencement of the principal Act but before the commencement of this Act.
4: The Registrar of Unions may—
a: issue a certificate of registration, showing a date of registration of 2 October 2000, to replace a certificate of registration referred to in subsection (1)
b: issue a certificate of registration to replace a cancelled certificate of registration referred to in subsection (2)
c: cancel a second certificate of registration referred to in subsection (3)
6: Acts not invalid because of pre-commencement application, processing, or registration
Nothing done by any person (including the Crown, the Registrar of Unions, a society, or an employer) is to be treated as unlawful or of no effect because the Registrar of Unions purported, before the commencement of the principal Act,—
a: to receive, or receive and process, an application by a society to be registered as a union; or
b: to register a society as a union.
7: No liability
No person (including the Crown, the Registrar of Unions, a society, or an employer) is under any liability, and no compensation is payable to any person, because the Registrar of Unions purported, before the commencement of the principal Act,—
a: to receive, or receive and process, an application by a society to be registered as a union; or
b: to register a society as a union.
8: Penalties
Nothing in this Act makes anything done or omitted to be done by a person before the commencement of this Act a breach of an employment agreement or the principal Act.
9: Costs
Nothing in this Act affects the power of the Court of Appeal to make an order for costs, or affects any liability to pay costs, in the case of New Zealand Employers Federation Incorporated v National Union of Public Employees (NUPE) and Others Amendments relating to cross-examination
10: Role of Authority
Section 157 subsection (2)
2A: Subsection (2)(a)
11: Procedure
Section 173 subsection (1)
1A: Subsection (1)(a)