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Support Workers (Pay Equity) Settlements Amendment Bill (Consistent) [2022] NZBORARp 22 (2 June 2022)

Last Updated: 22 June 2022

2 June 2022

LEGAL ADVICE

LPA 01 01 24

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Support Workers (Pay Equity) Settlements Amendment Bill

1. We have considered whether the Support Workers (Pay Equity) Settlements Amendment Bill (the Bill) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). We have not yet received a final version of the Bill. This advice has been prepared in relation to the latest version of the Bill (PCO 24506/1.4). We will provide you with further advice if the final version includes amendments that affect the conclusions in this advice.
2. The Bill amends the Support Workers (Pay Equity) Settlements Act 2017 (the principal Act) to give effect to an increase to the minimum wage rates from 1 July 2022 to support workers covered by the principal Act. Legislative changes are required to amend the principal Act to extend various provisions of the principal Act beyond their automatic repeal date of 1 July 2022.
3. This extension will provide immediate certainty regarding wage rates for support workers and allow time to progress a longer-term solution to setting and maintaining pay rates and addressing pay disparities across the health sector workforce.
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel