# Records of settlement Official source: https://www.employment.govt.nz/resolving-problems/how-to-resolve-problems/records-of-settlement Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Resolving problems How to resolve problems Records of settlement How to resolve problems Resolving problems Problems in the workplace Misconduct Bullying, harassment and discrimination Illness and injury Migrant exploitation Work relationship problems How to resolve problems Steps to resolve problems Resolving issues yourselves Talking to your employer Early resolution Mediation Personal grievances Disciplinary action Records of settlement Labour Inspectorate complaints Escalating unresolved issues Protected disclosure Employment during and after disasters Addressing Holidays Act non-compliance Everyone Records of settlement If you come to an agreement about an employment issue, you can formalise it in a ‘record of settlement’. Once reviewed and signed by Employment Mediation Services, this document is legally binding. What is a record of settlement? A ‘ record of settlement The formal record of what parties have agreed once they’ve reached a resolution about an employment dispute or problem. To make sure it can be enforced, a record of settlement should be written down and given to Employment Mediation Services to check and sign. ’ formally sets out an agreement between parties The individuals or organisations involved in any employment-related negotiations or agreements, for example, an employer and an employee. once a problem has been resolved, usually after mediation. Once signed by the parties and a mediator (or other authorised person) from Employment Mediation Services, it becomes a full and final settlement. This means the agreed terms can be enforced. It also means that the agreement cannot be reopened or cancelled by either party. A record of settlement can be created in 2 ways. Following a mediation A confidential and safe way for employers and employees to work through their issues and develop solutions with the help of an independent mediator. Mediation is usually voluntary, but in some cases can be directed by the Employment Relations Authority. , a mediator writes down the agreed terms in a record of settlement and has both parties sign the document. The parties send a record of settlement they have drafted to Employment Mediation Services to have it signed by a mediator or other authorised person. The mediator or other authorised person will check that the record of settlement is enforceable and complies with the law. They will: explain to the parties involved the effects of the mediator or other authorised person signing the agreement, which are that: the terms will be final, binding and enforceable the terms cannot be brought before the Employment Relations Authority The tribunal established under the Employment Relations Act to resolve employment relationship problems. or Employment Court The court that hears and determines cases relating to employment disputes. It also hears challenges to determinations of the Employment Relations Authority and questions of interpretation of law. It has initial jurisdiction over matters like strikes and lockouts. for any reason except to enforce them the terms cannot be cancelled there can be penalties if either party breaches the terms confirm with the parties involved that they want the mediator or other authorised person to sign the agreement and understand what that means check that in making the agreement, neither of the parties involved has agreed to give up any minimum entitlements. Employee rights and responsibilities In most cases the mediator (or other authorised person) will speak to the parties, but where this is not practical, they may email. The mediator (or other authorised person) does not provide either party with legal advice. If you are unsure about the content or effect of a record of settlement, you may wish to seek legal advice before signing it. Who can sign a record of settlement Records of settlement can be signed by any person with general authority from the Chief Executive of the Ministry of Business, Innovation and Employment. This includes, but is not limited to, mediators from Employment Mediation Services. What needs to be in a record of settlement If you are sending Employment Mediation Services a record of settlement to sign, it must show: that the parties understand what the agreement means, and that they want the mediator or other authorised person to sign it that in reaching the agreement, neither party has agreed to give up any minimum entitlements, like holiday pay or minimum wage The lowest amount an employee can be paid per hour. There are 3 types of minimum wage: adult, starting-out and training. There is no minimum wage for employees younger than 16 years old. the correct legal names of the parties (those on birth certificates or the Companies Register / Charities Register / legal documents, rather than trading names or nicknames) the signatures of both parties. This template will help you to include the right information in your record of settlement. Records of settlement template [DOCX, 38 KB] Submitting a record of settlement To submit a record of settlement online, select the link below. You will need to have an account and login with RealMe (the Government’s identification verification system) and with Resolve (Employment Mediation Services’ online service). Employment Mediation Services (external link) If you need help submitting online Our ‘How to submit employment records of settlement online user guide’ can help you with setting up your account, submitting your record of settlement, and managing other member accounts in your organisation. How to submit employment records of settlement online - quick user guide [PDF, 900 KB] Alternatively, you can call us on 0800 20 90 20 or post a paper copy of the record of settlement to: Mediation Services Auckland PO Box 92061 Victoria Street West Auckland 1010 Enforcing a record of settlement If one party does not do what is required of them under the record of settlement — for example, make a payment — the other party can apply to the Employment Relations Authority (ERA) or the Employment Court for enforcement of the agreement. Before applying to the ERA, it’s a good idea to contact the mediator (or other authorised person) who signed the record of settlement to see if they can help encourage parties to comply with the agreement. Employment Relations Authority (external link) Published: 11 March 2024 Last modified: 20 November 2025 Written for: Everyone Share this page: Print this page: