File No. DOIA 2021‐2042
6 May 2021
Shanna Reeder
fyi‐request‐15158‐[email address]
Dear Shanna
Thank you for your email of 13 April 2021 to the Ministry of Business, Innovation and Employment (the
Ministry) requesting the following under the Official Information Act 1982:
It is MBIE policy not to refer cases to the Labour Inspectorate where employees are represented
by a union?
If so please provide a copy of this policy or guidance document.
Please provide the policy or document that does outline the criteria for cases to be referred
and/or pursued by the Labour Inspectorate.
Attached with this response is a copy of
Escalation Practice Guidance for Service Centre, which outlines
what matters should and should not be referred to the Labour Inspectorate (the Inspectorate) for
review. Page five of this document details the Ministry’s policy for not referring cases to the
Inspectorate if an employee is represented by a professional person or organisation.
This is a longstanding position whereby employees who have the means and abilities to have
representation deal with the matter through those avenues, thereby leaving the Inspectorate to focus
on those who don’t have means i.e. the truly vulnerable.
Unions are granted some powers equal to those of the Labour Inspectorate to assist with the
investigation of employment matters. For example, section 82 of the Holidays Act 2003 enables a union
to request wages and time records from an employer on behalf of its member.
You have the right to seek an investigation and review by the Ombudsman of this response. The
relevant details can be found at: www.ombudsman.parliament.nz.
Yours sincerely
Stu Lumsden National Manager
Labour Inspectorate
Te Whakatairanga Service Delivery 15 Stout Street, PO Box 1473, Wellington 6140 New Zealand
E [email address]
T +64 4 472 0030
W www.mbie.govt.nz