New Zealand Acts

EQUAL PAY ACT 1972

- As at 14 May 2025
- Act 118 of 1972

TABLE OF PROVISIONS

           Long Title

   1.      Short Title

   PART 1 - Preliminary provisions
   Note

   2.      Interpretation
   2AAA.   Transitional, savings, and related provisions
   2AAB.   Act binds the Crown

   PART 2 - Key provisions
   Note

   2AAC.   Differentiation in rates of remuneration prohibited
   2A.     Unlawful discrimination
   2B.     Choice of proceedings
   3.      Criteria to be applied
   4.      Determination of equal pay
   5.      Interim increases
   6.      Implementation of equal pay in awards
   7.      Implementation of equal pay in other instruments
   8.      New classification of work

   PART 3 - Matters relating to equal pay claims
   Note

   8A.     Application of this Part
   9.      Court may state principles for implementation of equal pay
   10.     Approval by court or Employment Relations Authority of employment agreements or proposed employment agreements
   11.     Court may make partial award
   12.     Further powers of Employment Relations Authority
   13.     Recovery of remuneration based on equal pay

   PART 4 - Pay equity claims
   Note

   13A.    Purpose
   13B.    Interpretation
   13C.    Good faith in pay equity claim process
           Note
   13D.    Union right to represent members
   13DA.   Eligibility of pay equity claim to be raised
   13E.    Circumstances in which unions and employees may raise pay equity claims
   13F.    Meaning of has merit
   13G.    Requirements relating to all pay equity claims
   13H.    Requirements for claim raised by individual employee
   13I.    Requirements for claim raised by union or unions
   13J.    Employer must acknowledge receipt of pay equity claim and notify unions
           Note
   13K.    Union-raised claims raised with multiple employers: employers must enter into pay equity process agreement
   13L.    Opting out of multi-employer pay equity claim
           Note
   13M.    Multiple union claims raised with single employer: unions must consolidate
   13N.    Consolidation of claim raised with additional or new employer with existing union-raised claim
   13O.    Process to request consent to consolidate
   13P.    Effect of consolidation
           Note
   13PA.   Time limit for employer’s decisions about pay equity claim
   13PB.   Employer’s decision about whether claim meets requirements of section 13E
   13Q.    Employer’s decision about whether claim has merit
   13R.    Notice extending time limit for employer’s decisions about pay equity claim
   13S.    Employer’s obligations after deciding whether claim has merit
   13T.    Employer decisions about multi-employer pay equity claim
   13U.    Employer must give notice of first pay equity claim that has merit raised by individual employee
   13V.    Employer must give notice of first pay equity claim that has merit raised by union
           Note
   13W.    Affected employees automatically covered by union claims
   13X.    Union may not require fees from non-members
   13Y.    Employees may opt out of pay equity claim raised by union
   13Z.    Employer must notify union of employees covered by union-raised claim
   13ZA.   New employees covered by union-raised claim
           Note
   13ZB.   Process applies to claims that have merit
   13ZC.   Duty to provide information
   13ZD.   Matters to be assessed
   13ZE.   Selecting appropriate comparators
   13ZEA.  Employer decides no appropriate comparators available
           Note
   13ZEB.  New decision about same or substantially similar work
           Note
   13ZF.   Requirement for union to obtain mandate before settling pay equity claim
   13ZG.   Application of section 63A of Employment Relations Act 2000 to pay equity bargaining
   13ZH.   Settling pay equity claim
   13ZI.   Unfair bargaining for pay equity claim settlement
   13ZJ.   Remedies for unfair bargaining
   13ZK.   Copy of pay equity claim settlement to be delivered to chief executive
   13ZL.   Offers of benefit of pay equity claim settlement to other employees
   13ZM.   Effect of pay equity claim settlement on employment agreements
   13ZN.   Relationship between pay equity claims and collective bargaining
   13ZNA.  Relationship between pay equity claims and fair pay agreements
           Note
   13ZO.   Parties may refer issues to mediation
           Note
   13ZP.   Purpose of facilitating pay equity claim
   13ZQ.   Reference to Authority
   13ZR.   When Authority may accept reference
   13ZS.   Limitation on which member of Authority may provide facilitation
   13ZT.   Process of facilitation
   13ZU.   Statements made by parties during facilitation
   13ZV.   Proposals made or positions reached during facilitation
   13ZW.   Recommendation by Authority
   13ZX.   Parties must deal with Authority in good faith
           Note
   13ZY.   Parties may apply for determination by Authority
   13ZZ.   Union must notify employees covered by union-raised claim before applying for determination by Authority
   13ZZA.  Effect of determinations on discontinued claims
   13ZZAA. Decision that claim does not meet section 13E requirements
   13ZZAB. Decision that claim does not have merit
   13ZZAC. Decision that no appropriate comparators are available
   13ZZAD. Later decision on work performed by employees covered by claim
   13ZZB.  Process on application to fix remuneration
   13ZZC.  Limitation on challenge to determination of Authority fixing remuneration
   13ZZD.  Determination may provide for recovery of remuneration for past work
   13ZZE.  Limitation periods for recovery of remuneration for past work
           Note
   13ZZF.  Pay equity records
           Note
   13ZZG.  Pay equity claims by employees in education service
   14.     Procedure and jurisdiction of Employment Relations Authority

   PART 5 - General provisions
   Note
   Note

   14A.    Notices
   15.     Claimant employee must not be treated adversely
   16.     Powers of Inspectors
   17.     Records to be kept by employers
   17A.    Advice of increments of pay and other increases in pay to be given to female employees
   18.     Penalty for non-compliance
   18A.    Proceedings by Labour Inspector or employee concerned for penalty
           Note
   18B.    Powers of Inspectors
   18C.    Procedure and jurisdiction of Employment Relations Authority and Employment Court
           Note
   19.     Regulations
   20.     Act to be administered in Department of Labour
           SCHEDULE 1
           SCHEDULE 2