28 Feb 2022
IDEA SERVICES LTD v ATTORNEY-GENERAL in respect of the Minister of Workplace Relations [2022] NZHC 308
- Citation
- [2022] NZHC 308
- Court
- High Court
The Court held s 53(3) ERA is a requirement/restriction within s 15(1) EPA; at the time the Immediate Modification Order was made there was sufficient material for the Minister to be satisfied compliance with s 53(3) was impracticable and that the modification was no further than reasonably necessary; any interference with freedom of association was not made out or was justified; however, IMOs are subject to an implied requirement of timely periodic review and the first and second respondents' failure to review the Order against s 15 prior to November 2021 was unlawful, requiring reconsiderat…