Public consultation on people’s experiences with employment disputes and the dispute resolution system in New Zealand has opened and closes at 5.00pm on Wednesday, 31 July 2026.

The consultation follows concerns about the cost, timeliness and conduct issues within the current employment dispute resolution framework. Ministry of Business, Innovation and Employment (MBIE) data indicates employment disputes that proceed through both mediation and the Employment Relations Authority (ERA) typically take around a year to resolve.

The consultation paper is available here and the Beehive announcement can be found here. 

Purpose of the consultation 

MBIE is seeking public feedback to better understand:

• how and when disputes arise;
• how effectively disputes are resolved in the workplace;
• experiences with employment advocates, mediation, the ERA and the Employment Court;
• whether disputes are being resolved in a timely, affordable and proportionate way; and
• what changes could improve outcomes and reduce unnecessary escalation.

Employment advocates

A particular focus is on the use of employment advocates, who are permitted to represent parties in employment disputes but are not subject to a formal regulatory framework.

Workplace Relations and Safety Minister Brooke van Velden has indicated she has received concerns about:

• unprofessional or abusive advocate behaviour; and
• advocates encouraging clients to pursue unfounded cases or seek disproportionate settlements.  

Who can make a submission? 

Submissions are open to anyone with experience of employment disputes, including:

• employers and business owners;
• employees;
• lawyers, advocates, unions and HR professionals; and
• organisations that have supported parties through disputes.

Next steps

In her announcement Minister van Velden commented:

“Disputes are inevitable, but how we deal with them matters, and this is an opportunity to listen to people’s experiences and make improvements from them.”

This consultation provides businesses with a valuable opportunity to contribute to the conversation. Those who work with employment advocates - whether in disputes, bargaining, or advisory contexts - are well placed to comment on their experiences. Making a submission ensures that business perspectives and operational realities are considered as part of any future decision-making process. 

Our employment team will be preparing its own submission.

If you would like to provide input for consideration or would like assistance drafting a submission on behalf of your business, please get in touch.

Special thanks to Enna Pesic for her assistance in writing this article.