Employment Relations Act 2000, ss 160, 165, 173, 174–174B, Schedule 2
Investigation meetings are dealt with by one member of the Employment Relations Authority sitting alone, and they control the procedure at the meeting. It is less formal than an ordinary court hearing, and the rules about what and how evidence can be given are less strict.
In any investigation meeting, the Authority can:
require (“summons”) any person, such as a witness, to appear before it
require any relevant books, papers or other documents to be produced
hear witnesses
make a decision on the matter if either side fails to attend without a good reason.
At the end of the meeting, after having heard all the facts, the Authority member is usually required to give their decision orally, or to give an oral indication of their initial (“preliminary”) findings. If they give an oral decision at the meeting, they must usually give a written decision within one month. If they give only an oral indication of their preliminary findings, they must usually give a written decision within three months.
The Authority can prohibit anyone publishing the names of the people involved in the case or publishing the evidence that was given.
Note: The decision of the Employment Relations Authority is enforceable in the same way as a court order.