The traditional New Zealand approach to dispute resolution by means of compulsory conciliation and arbitration produced an industrial relations system that was said to be both highly legalistic and interventionist. In recent years, however, this country has radically transformed the regulation of its labour market as part of a broader process of deregulating the financial and economic markets. This article examines the impact of the deregulation of New Zealand's substantive labour laws on the functioning of the Employment Court. It highlights the growing tension between the specialist labour court and the ordinary courts of law, especially the Court of Appeal. It is suggested that this tension reflects a difference in approach to statutory interpretation which itself is the result of a fundamental inconsistency in the Employment Contracts Act 1991.
International Journal of Comparative Labour Law and Industrial Relations