Authority To Act forms - practical protection without new regulation
If you are an employee with a Personal Grievance (PG), and you are using a representative, you should expect an Authority To Act form. It is a basic protection: it confirms who your representative is, what they can do, and what you have agreed.
Policy point
Authority To Act forms, Terms of Engagement, fee disclosure, and settlement authority should be promoted as best practice. MBIE can publish non-binding templates and public guidance for clients. That is different from regulating advocates. Practical guidance protects clients while preserving access to justice and client choice.
We recently saw an advocate get tripped up as the Employment Relations Authority and Employment Court found that they had failed to establish a written Authority To Act (ATA) with their client.
The Court noted that there is no requirement of the Authority to provide a template form for advocates, neither does the Court have the jurisdiction to impose such a requirement on the Authority.
Frequently I observe cases where representatives have, in the first phone call with a client to their 0800 number, fired off a personal grievance letter and started the client's case without providing written Terms of Engagement, let alone having a client fill out an ATA form before commencing work.
There has been occasions where this has resulted in clients coming to us seeking representation because they were unclear on what was happening with the other advocacy firm. When this happens the advocates may argue over which represents that client. The loser of that argument may then charge the client for the work they have performed. If that is the firm that failed to provide written Terms of Engagement to agree to from the outset, then the client would have legitimate grounds to dispute those charges.
To avoid these problems, an employment advocate should provide an Authority To Act (ATA) form to prospective clients, along with Terms of Engagement. That is good practice and basic client protection. It is not a case for licensing, registration, compulsory membership, or a new complaints body.
What an Authority To Act should cover
- Who the representative is and how they can contact you.
- What authority you are giving them (negotiation, settlement authority, filing steps).
- How fees will work (including any no win no fee terms).
- How you can revoke the authority.
Why this matters
- Clarity: stops misunderstandings about who can say what on your behalf.
- Accountability: puts the representative on the hook to do the work they said they would do.
- Fee transparency: reduces the risk of cost disputes later.
![Menzies v Corrigan [2026] NZEmpC 151 - late challenge refused, substantive issues remain unresolved](/Blog/articles/Employment_Law_News_Opinion/menzies-v-corrigan-2026-court-151/4eddf0_9083d25fdcfa42f192e1d1c26ebdb0a8~mv2.jpg)
