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Wednesday, 17 October 2007

Employment Relations (Flexible Working Arrangements) Amendment Bill

New clause 8 New section 179B inserted
HansardID: 111ba9ab-95f8-43de-92dd-7219419a70e4
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🗣️ Speech Kate Wilkinson (New Zealand National Party — List Member)
Time unknown

I would like to take just a brief call in relation to new clause 8, which, as Supplementary Order Paper 153 in the name of the Hon Ruth Dyson states, inserts a new section that provides that an investigation or determination of the Employment Relations Authority cannot be “challenged, appealed against, reviewed, quashed, or called in question in any court.” I appreciate that the Minister has introduced this Supplementary Order Paper with the intention of ensuring that matters in relation to flexible working hours do not actually reach the level of the Supreme Court, but my concern is really in relation to the rule of law, the notion of natural justice, and the precedent that this sets for an authority—a lay authority, for that matter, which does not have to act judicially—to unilaterally make a decision that simply cannot be challenged.

Progress reported.

Report adopted.

The House adjourned at 9.56 p.m.

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