Court of Appeal decision under consideration

  • Margaret Wilson
Labour

Monday, 24 September 2001

The Minister of Labour, Margaret Wilson is considering the judgement of the Court of Appeal that, in effect, has indicated that a number of unions’ registrations are invalid.

Margaret Wilson noted that the Court of Appeal itself stated that the legal issues were “arguable” and that 2 of 5 Judges of the Court agreed with the earlier decision of the Employment Court.

“The unions are those who were part of the registration process before October 2, the date the Employment Relations Act came into force. Lack of registration affects the legal rights of unions, including the right to initiate bargaining. The case focuses on how the principles of interpretation under the Interpretation Act are applied within the context of the Employment Relations Act. Actions of the Registrar of Unions under the Interpretation Act were challenged in the Employment Court and then in the Court of Appeal.

“This decision will require careful consideration and I am seeking advice. I expect the matter to be discussed at Cabinet next Monday”.

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emailColin.feslier@parliament.govt.nz
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