If you are acting for yourself
Information on what to do before starting or defending proceedings where you're representing yourself
Court procedure can be complicated. You can find information on getting professional help and advice from a lawyer or employment law advocate, union or employers’ group, or as to change of representation.
Supporting diversity and inclusion
Information on how the Employment Court supports diversity and inclusion.
Use of Artificial Intelligence (AI)(external link)
The New Zealand judiciary has published guidelines for the use of generative artificial intelligence (AI) in courts and tribunals.
You need to talk to the court registrar if you want to take notes or film, record, take photographs or use other broadcast media during a hearing.
Information on accessing court documents, and searching the Employment Court register.
Our Courthouses – practical guidance
Information on some practical matters to assist you when you come to Court: location, transport, parking, refreshment options.
Protocol for remote participation in Employment Court proceedings [PDF, 664 KB]
Information on where remote participation, for example, by telephone or via Audio Visual Link is appropriate
Information about the courtroom protocol, how to address a judge, hearing process and presentation of evidence.
Information on the judicial Complaints process. How to complain about the conduct of Judges and how complaints are assessed
Information on Guidelines for determining issues about potential conflicts of interest, and the recusal process
Filing documents when the Court is closed
What happens to timing when the Court is closed, and within the Christmas period?
If you are acting for yourself
It may be a good idea to talk with a lawyer or an employment law advocate before starting or defending a court case, even if you want to act for yourself. If you can’t afford a lawyer you may be able to get legal aid(external link)(external link). You can also find free community legal help(external link)(external link)
It is also often a good idea to talk to the other party or their representative about the issues before starting or defending a court case, as well as during the process. This may enable you to resolve your case or at least limit the issues for the Court to decide.
Court staff can provide you with support and assistance as your work through the court process, but they cannot give you legal advice.
There is a lot of material on this website that can help you, make sure that you read the relevant parts at each step of the process leading up to the hearing.
Employment Court hearings are open to the public. A court hearing is very different from an Authority investigation meeting. You may wish to go and watch a hearing before your own hearing to see how this works.
If unrepresented you still need to observe the rules relating to procedure. Although registry staff can assist you with procedural matters, you may need to do your own research of the legislation and regulations. The time limits in legislation and regulations and any time limits ordered by a judge should be strictly complied with.
If you want to know more about your employment rights or have an employment relationship problem you can phone the Ministry of Business, Innovation and Employment on 0800 20 90 20 or visit their website: Employment New Zealand.(external link)
Court processes are not simple and it can be helpful to get advice from a lawyer, employment law advocate, union or employers' group.
Professional help
Getting legal advice
To find a suitable lawyer you can:
- you can ask friends, family or other people you trust to recommend someone
- use the Find a Lawyer tool on the NZ Law Society website(external link)
- look in the Yellow Pages(external link) under ‘Barristers and Solicitors’, ‘Lawyers’ or ‘employment advocate’
- you can ask at your local community law centre(external link). The community law centre may give you free legal advice, but they also may refer you to Te Ara Ture. (external link)
- contact the Citizens Advice Bureau(external link)
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if you’re eligible for legal aid, you can use the find a legal aid lawyer tool.(external link)
Other sources of legal help
Employment advocates are people who know about employment law but are not lawyers. They can help you prepare documents, give advice and speak for you in court. You will have to pay for these services, but their fees are generally lower than lawyers. To find an employment advocate search in the Yellow Pages (external link)or visit the Employment Law Institute of New Zealand website(external link)
Legal Assistance
If you are representing yourself in the Employment Court, TE ARA TURE [PDF, 92 KB] may be able to help.
Te Ara Ture connects people to volunteer lawyers who specialise in employment law. Its volunteers can help in the following ways:
- legal advice about whether a case will succeed
- help to solve a dispute (such as negotiation or mediation)
- legal documents written for litigants (such as court documents)
- advice about court procedure
Occasionally, Te Ara Ture volunteers will go to Court for people.
Please note, if you are already represented by a lawyer, you will not be eligible for this service. Te Ara Ture also cannot help people who have been advised by a lawyer that their case is unlikely to succeed.
How to apply:
- To find out if you might be eligible, check out the Te Ara Ture website:
Te Ara Ture website(external link)
- If you are ready to apply, you need to visit your local community law centre: Community law(external link)
If change your representative or decide to represent yourself
If you change your lawyer or advocate, the new lawyer or advocate will need to file and serve the other party with a notice of change of representation.
If you decide to represent yourself, you will also need to file and serve on the other party a notice of change of representation.
If you or your representative changes the address for the service of documents, you will need to file a notice of change of address for service.
You can find a notice of change representation and a notice of change of address for service on our forms and fees page.
Supporting diversity and inclusion in our Court
The Judges and staff of Te Kōti Take Mahi o Aotearoa, the Employment Court of New Zealand, respect diversity and seek to support an inclusive and respectful environment for all Court users.
We ask representatives to identify their preferred pronoun and/or culturally appropriate honorific in advance of the hearing. This is usefully provided before the first directions conference. The registry will provide the parties an appearance details form to complete before the hearing advising how witnesses wish to be addressed. The form is provided to the presiding Judge before the hearing and is used by Court staff. Appearance details form [PDF, 94 KB]
Registry staff can answer any queries or concerns about accessibility such as lifts, parking options nearby and in-Court facilities. A hearing loop can be made available if needed.
Our Registry staff can be contacted on Contact us | Employment Court of New Zealand(external link).
You can see photos of a typical courtroom for hearings here Photographs of Court(external link). This video shows a mock Court hearing, explaining the role of the Employment Court, the participants in a hearing and demonstrating some of the processes that often occur, e.g. the swearing in of a witness. This video includes captions.
Most hearings are open to the public and there will be a sign on the courtroom door if they are not. You are welcome to visit the Court to see how it works before attending as a party or a witness, or if you are interested in seeing what a courtroom is like.
Feedback welcome
We welcome feedback about our website, including ideas about how it can be made more accessible and helpful to both litigants and representatives. You can provide your feedback/suggestions here: EmploymentCourt@justice.govt.nz.
Media
Media representatives, as well as any other person, are welcome to observe Employment Court hearings, which are open to the public.
If you want to film, record, take photographs or use other broadcast media during a hearing, you will need to send an application to the registrar at least 10 working days before the hearing.
Please fill in an application for in court media coverage. [PDF, 201 KB]
For guidance on remote viewing of a hearing please see: Guidelines for Remote Viewing of Hearings. [PDF, 115 KB]
To ask for access to court document(s) please see: Access to Court documents.
Media representatives should introduce themselves to the registrar in court if they want to make notes about any proceedings in the court.
The presiding judge controls court proceedings which includes discretion over media attendance and coverage, to ensure a fair trial and to protect the integrity of the process.
Access to Court documents
Getting a copy of my file or a document from my file
To get a copy of your file or a document from your file contact the Registry of the Employment Court.
Getting a copy of another person’s file or a document from another person’s file
You must apply to the registry if you want a copy of another person’s file or a document from another person’s file (including the media). You will need to say why you want the file or document. A judge will decide if you can have it after hearing from the parties.
Fill in the application for access to court documents [PDF, 79 KB] form and send it to the registry at EmploymentCourt@justice.govt.nz.
You can also file an application by accessing File and Pay.(external link)
After entering your contact details, select:
- Court type: Employment Court
- Location: either Auckland, Wellington or Christchurch
- Case type: Leave and other interlocutory applications
- Filing type: Application to access court document
- Enter the case title (names of the parties) and case number (file number if known).
If you are filing an application using File and Pay or by email, the registry will advise you whether you need to provide hard copies and how many.
Search the Employment Court register
If you want us to search the Employment Court's register, you will need to send a search request and pay the fee:
- $39 for the search (first name or case search)
- $7 for every subsequent name or case searched.
Ways to submit a search request and pay search fee
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Online |
Access File and Pay(external link) After entering your contact details, select:
File & Pay allows up to 10 names/cases to be sent through at a time. The fee is $39 for the first name and changing to $7 for each name after that. In practical terms, participants who have a list of names/cases will have to select one for each name/case they wish to search. This will allow up to 10 names/cases to be sent through at a time. If you encounter any problems with the payment or if you have any questions regarding File and Pay, please contact File and Pay(external link) directly. For other inquiries contact the registry(external link). |
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Internet banking (direct credit) |
Fill in the search request form [PDF, 88 KB] and email it to the registry. To make your payment by direct credit, please use the bank account information and payment reference provided below:
Please note: The search will not proceed until the receipt of the fee is confirmed as received, usually on the morning of the next working day. The application will be recorded as filed on the date the fee was paid.
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In person |
Fill in the search request form [PDF, 88 KB] You can pay the required fee either in cash or using EFTPOS, debit or credit card at the court counter (please do not send cash in the post). |
Getting a copy of a document from an old, archived file
The registry keeps files on site for at least 10 years and older files are sent to Archives New Zealand.
If you need a document from an archived file please contact the registry. To help us find the file quickly tell us all the details you have about the file (for example: parties’ names, file number, the registry a file was held in).
Our Courthouses - practical guidance
VISITING AUCKLAND: Specialist Courts and Tribunals Centre [PDF, 553 KB]
VISITING WELLINGTON: Specialist Courts Centre [PDF, 585 KB]
VISITING CHRISTCHURCH: Visiting the Christchurch Justice and Emergency Precinct [PDF, 700 KB]
Judicial complaints process
To complain about the conduct of a judge of the Employment Court, you should write to the Judicial Conduct Commissioner.
The complaints process cannot be used to complain about a judge's decision. Disagreements with judges' decisions are dealt with through the judicial system. The decision may be able to be appealed or judicially reviewed by the Court of Appeal.
After the investigation the Commissioner may:
- dismiss the complaint and take no further action in respect of it or
- refer the complaint to the Chief Judge of the Employment Court if the Commissioner has concerns but not enough to remove a judge. The Chief Judge will consider the complaint and take appropriate actions or
- recommend that the Attorney-General appoint a Judicial Conduct Panel if the Commissioner believes an inquiry is necessary and may justify the removal of the judge.
The process is explained in the Judicial Conduct Commissioner website(external link) and Judicial Conduct Panel Act 2004(external link).
Recusal Guidelines
Recusal Guidelines for Judges of the Employment Court, pursuant to s 222B of the Employment Relations Act 2000
These Guidelines replace earlier Guidelines published on 25 October 2023.
The Chief Judge, after consultation with the judges of the Employment Court and the Chief Justice, publishes these guidelines for determining issues about potential conflicts of interest and recusals.1 The procedures described are intended as guidance. Decisions about recusal are very much fact-dependent and the approach taken in particular cases may vary accordingly. Any decision about a judge’s recusal will usually be for that judge alone to make. Judges are bound to act, in this regard and generally, pursuant to the Guidelines for Judicial Conduct(external link).
General Principles
1. The following are general principles endorsed by the Chief Judge to which an individual judge considering a question of recusal should give consideration.
2. A judge has an obligation to sit on any case allocated to them unless grounds for recusal exist.
3. The guiding principle is that a judge should recuse themselves if, in the circumstances, a fair-minded, objective and fully informed observer would have a reasonable apprehension that the judge might not be impartial in reaching a decision of the case. The standard for recusal is one of “real and not remote possibility”, rather than probability.
Process
4. Judges will need to address questions of potential recusal. Such questions will usually arise when a file is allocated to a particular judge for pre-trial preparation and ultimate hearing and decision. At this point, judges have a responsibility to familiarise themselves with relevant parts of the court file as it then stands to consider whether any potential recusal issue may arise.
5. If, after a file has been assigned to a judge and its contents seen, the judge realises that there is some matter concerning their prospective involvement that the judge considers warrants recusal, the judge should stand aside and advise the Registry and the Chief judge accordingly. Allocation of files to individual judges will usually take place in sufficient time before a substantive hearing to enable alternative arrangements to be made for the case, if the originally scheduled judge is to recuse themself.
6. Where the issue of potential recusal is not clear-cut, it should be formally disclosed to the parties by the judge (usually by way of Minute) regardless of the initial view the judge has formed of the basis for recusal. This is because there may be circumstances not known to the judge that may be raised by the parties consequentially upon such disclosure. Disclosure should be made as early as possible before the hearing, advising the parties of the issue identified, and seeking their views, which the judge will consider before reaching a view on whether they should preside over the case. The Minute should contain sufficient detail to avoid placing the parties in the position of requesting further information.
7. The issue of potential recusal also may arise after the identity of the judge assigned to a case becomes known to the parties. At that point, objection to a given judge sitting may be raised for the first time by one or more of the parties. That objection may be made known to the Registry and then directed by the Registry in the first instance to the judge affected. Alternatively, a party who objects to the judge sitting may elect to file a notice of application for an order that the judge recuse themselves. Any such objection should be disclosed to the other parties.
8. Where the issue of recusal arises, the judge will consider the points raised by the parties and may, at that point, decide to stand down from the case, in which case the file will be reallocated, and the parties advised. If, however, the judge decides not to stand down from the case at this stage, the parties should be informed of this by a Minute issued by the judge.
9. If a party maintains an objection, the parties will have an opportunity to file brief written submissions and, if appropriate, affidavits. The matter of recusal will then be determined either on the papers or following an oral hearing, possibly by telephone, by the challenged judge who will issue a judgment determining the question of recusal, with reasons.
10. A party remains entitled to seek to challenge a judge’s decision not to recuse themself in the usual way.
11. In multi-judge (full Court) cases, the Chief Judge or the presiding judge will determine the procedure to be followed.
12. Very late (including hearing day) applications for recusal will generally not be considered appropriate unless they could not have been reasonably foreseen. If a recusal issue is raised at this late stage, the affected judge will need to deal with the matter there and then. The principles set out in these guidelines should, as appropriate, be applied in such circumstances.
13. Where a possible conflict of interest is identified after the hearing of a matter but before the judgment is delivered, the procedures set out at paragraphs [5] to [11], with necessary modification, will apply.
Determination of Issues of Recusal
14. The judge should consider a two-step test: first, ascertaining the circumstances relevant (or said by a party to be relevant) to the possible need for recusal because of apparent (or actual) bias and, second, whether those circumstances lead to a reasonable apprehension that the judge might not be impartial. This second step requires ascertainment, first, of what it is that might possibly lead to a reasonable apprehension that the judge might decide the case other than judicially and on its merits. Second, it requires consideration of whether there is a logical and sufficient connection between those circumstances and that apprehension. The judge should apply the principles firmly and fairly and not accede too readily to suggestions of bias. They should be mindful of the burden that passes to other judges if they recuse themselves unnecessarily.
15. If, following the judge’s careful consideration, the judge concerned is satisfied that there is a real possibility that they cannot act impartially, or is satisfied that a fair-minded, objective and fully informed observer would have a reasonable apprehension that the judge might not be impartial in reaching a decision of the case, the judge will determine not to hear and decide the relevant case.
Reviews of these Guidelines
16. These guidelines will be reviewed periodically and may, after the statutorily required consultation with the Chief Justice, be amended and republished by the Chief Judge.
17. These guidelines are issued by the Chief Judge pursuant to s 222B of the Employment Relations Act 2000 following consultation with the Chief Justice.
Christina Inglis
Chief Judge
20 August 2025
Recusal Guidelines PDF [PDF, 148 KB]
Filing documents when the Court is closed
What happens to timing when Court is closed, and within the Christmas period?
Attention is drawn to two regulations in the Employment Court Regulations 2000, which relate to timing.
Regulation 74A(external link) describes what happens to timing when the Court is closed.
Regulation 74B(external link) describes what happens to timing in the Christmas period;
A due date falling in this period can be extended by a Judge, if an appropriate application is made.
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