Court of Appeal decision under consideration
Tuesday, 25 September 2001, 11:50 am
Press Release: New Zealand Government
Monday, 24 September 2001 Media Statement
Court of
Appeal decision under consideration
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”.
ENDS
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