[New Zealand] 'Frivolous' ERA claim over demands to stop ACC, PAYE levies dismissed

In New Zealand, a woman who tried to prevent her employer from deducting ACC and PAYE levies from her pay went to the Employment Relations Authority to seek payment, Stuff reports.

Katerina Raukura Rophia - an employee of Te Wānanga o Aotearoa - billed the tertiary provider and launched proceedings to get the money. However, a ruling from the authority says she had “no prospect of success”.

Ms Ropiha – who had reportedly declared herself a “native sovereign living woman, practitioner of Customary Law” – went to the Employment Relations Authority (ERA) in July 2022, seeking an order for Te Wānanga o Aotearoa to pay her invoices, according to a March ruling.

Te Wānanga successfully applied for her application to be dismissed, stating “that the claim is frivolous and the Authority has no jurisdiction to hear it and determine it”.

Ms Ropiha had initially written to Te Wānanga in July 2021 “instructing it to stop deducting PAYE, ACC earner levies and union fees from her wages immediately”.

Te Wānanga reportedly agreed to cancel the union fee deduction but she was told that the PAYE and ACC levies would continue.

Ms Ropiha also informed Te Wānanga of her status as a “native sovereign living woman, practitioner of Customary Law” and issued invoices “for sums calculated using the fee schedule” and a cease-and-desist notice.

“It is understood Ms Ropiha issued the notices and invoices because TWoA did not follow her instruction to stop deducting PAYE and ACC earner levies from her wages,” the ERA said.

According to the ERA, there were two issues to resolve; whether Ms Ropiha could withdraw consent for the deduction of PAYE and ACC levies, and whether the ERA could enforce her invoices.

The ERA offered clarification on both issues.

Claiming a self-declared withdrawal of consent to the deductions had “no prospect of success”, the authority said.

“The high threshold that it is a frivolous claim is met.”

In addition, the ERA reportedly said it “does not have jurisdiction to enforce the invoices in Ms Ropiha’s favour”.

“There is no legal basis for the withdrawal of consent to these deductions. . . The jurisdiction Ms Ropiha relies on to issue the notices arises from her personal capacity as a ‘native sovereign living woman, practitioner of Customary Law’. This capacity does not fall within the jurisdiction the Authority is authorised to exercise.”

The ERA also reportedly reserved a decision on costs, encouraging both parties to “resolve any issue of costs between themselves”.

Source: Stuff

(Link and quotes via original reporting)

In New Zealand, a woman who tried to prevent her employer from deducting ACC and PAYE levies from her pay went to the Employment Relations Authority to seek payment, Stuff reports.

Katerina Raukura Rophia - an employee of Te Wānanga o Aotearoa - billed the tertiary provider and launched proceedings to get the money. However, a ruling from the authority says she had “no prospect of success”.

Ms Ropiha – who had reportedly declared herself a “native sovereign living woman, practitioner of Customary Law” – went to the Employment Relations Authority (ERA) in July 2022, seeking an order for Te Wānanga o Aotearoa to pay her invoices, according to a March ruling.

Te Wānanga successfully applied for her application to be dismissed, stating “that the claim is frivolous and the Authority has no jurisdiction to hear it and determine it”.

Ms Ropiha had initially written to Te Wānanga in July 2021 “instructing it to stop deducting PAYE, ACC earner levies and union fees from her wages immediately”.

Te Wānanga reportedly agreed to cancel the union fee deduction but she was told that the PAYE and ACC levies would continue.

Ms Ropiha also informed Te Wānanga of her status as a “native sovereign living woman, practitioner of Customary Law” and issued invoices “for sums calculated using the fee schedule” and a cease-and-desist notice.

“It is understood Ms Ropiha issued the notices and invoices because TWoA did not follow her instruction to stop deducting PAYE and ACC earner levies from her wages,” the ERA said.

According to the ERA, there were two issues to resolve; whether Ms Ropiha could withdraw consent for the deduction of PAYE and ACC levies, and whether the ERA could enforce her invoices.

The ERA offered clarification on both issues.

Claiming a self-declared withdrawal of consent to the deductions had “no prospect of success”, the authority said.

“The high threshold that it is a frivolous claim is met.”

In addition, the ERA reportedly said it “does not have jurisdiction to enforce the invoices in Ms Ropiha’s favour”.

“There is no legal basis for the withdrawal of consent to these deductions. . . The jurisdiction Ms Ropiha relies on to issue the notices arises from her personal capacity as a ‘native sovereign living woman, practitioner of Customary Law’. This capacity does not fall within the jurisdiction the Authority is authorised to exercise.”

The ERA also reportedly reserved a decision on costs, encouraging both parties to “resolve any issue of costs between themselves”.

Source: Stuff

(Link and quotes via original reporting)