The investigation meeting

The investigation meeting is where you (or your representative) will present your case to the Authority.

What to know before the meeting

The Authority usually holds investigation meetings in the town or city where the employment took (or is taking) place.

Investigation meetings are not as formal as a Court hearing. The Authority Member running the meeting will make sure everyone has the chance to present their evidence.

The applicant is responsible for paying the meeting fee.

Our fees

Attending the meeting

The applicant, the respondent and all of the witnesses need to attend the investigation meeting.

Please raise any issues with attending the meeting as early as possible so the Authority Officer can help you find a solution.

  • If the applicant does not attend the meeting

    If the applicant does not attend the meeting, the Authority Member can decide to:

    • proceed anyway and the applicant will not get the opportunity to present their evidence, or
    • dismiss the matter and have the applicant pay costs.

  • If the respondent does not attend the meeting

    If the respondent does not attend the meeting, the Authority Member can decide to proceed anyway, and the respondent will not get the opportunity to present their evidence.

    Information for respondents

  • If a witness does not attend the meeting

    Everyone who provided a witness statement must go to the investigation meeting. If they cannot be there in person, they will need to contact the Authority Officer before the meeting to apply for permission to be excused from appearing in person.

    Information for witnesses

Who else can come to the meeting

You can bring friends, whānau, observers or supporters to the investigation meeting.

The public and media may attend any investigation meeting unless excluded by order of the Authority. The Member will ask anyone being disruptive or aggressive to leave.

The determinations we issue are publicly available unless there is a non-publication order in place. The determination may include the names of parties and witnesses.

Search for past determinations – Employment NZ(external link)

  • Non-publication orders

    In some special circumstances, we can issue a non-publication order to protect sensitive commercial or personal information from being made publicly available. Requests for a non-publication order need to be in writing – discuss this with the Authority officer as early as possible.

What happens at the meeting

You can present your own case or have a representative do it for you.

The Authority Member will make sure that you are not disadvantaged if you do not have a representative.

At the start of the meeting, the Authority Member will:

  • make introductions
  • outline how the meeting will proceed
  • decide the order in which people will speak.

Giving information and presenting evidence

The Authority Member will ask each party questions about the facts they provided in the statement of problem and statement in reply.

You or your representative:

  • may be asked to give information or present evidence, either verbally or by preparing a written statement beforehand
  • will usually be asked to swear or affirm that the information or evidence you provide is the truth
  • can ask the Authority Member to ask further questions about the evidence or anything else relevant to the investigation. The Authority Member will decide whether or not they will ask these questions.

Statements from witnesses

Witnesses will usually be asked to swear or affirm that the evidence they are going to give is the truth.

The Authority Member will usually ask witnesses questions about their witness statements to make sure all the facts are clear.

If the parties:

  • have representatives, they will be allowed to cross-examine the witness
  • do not have representatives, they will be allowed to ask additional questions of the witness as long as the questions are relevant and have not already been asked.

At the end of the meeting

If the Authority Member is giving an oral determination, you or your representative may be given the opportunity to sum up your case by explaining what findings you believe the Authority should make about the claims and why.

When summing up:

  • you may refer to any applicable legal principles
  • you should give a citation for any case law you reference, or present a copy of the decision.

In some cases, you may be invited to make submissions in writing after the meeting.

After the meeting

If the Authority Member has requested written submissions or other information, they will let you know when those are due at the end of the meeting.

Once the Authority Member has all the information they have requested, they will make their determination.

Next step: Determinations