Powers of Labour Inspectors
Labour inspectors have the following powers under the Employment Relations Act 2000 (the Act):
- to enter places of work, at any reasonable hour
- to interview any person at any premises in order to investigate alleged breaches of legislation about minimum employment standards
- to require and copy any wages, time and holiday record or any other document which records remuneration
- to question any employer about compliance with legislation.
Obligations of inspectors
An inspector must produce a warrant on entry to any premises and they must provide the warrant on request. On entering a workplace the inspector is bound by any reasonable health and safety requirements for that workplace. In addition, they must not disclose the contents of documents obtained under the Act as a result of the inspection for purposes other than enforcement of the relevant legislation. If the inspector is unable to locate an employer, or representative of the employer, and they conduct an investigation, they must leave a written notice for the employer before leaving the premises.
