New Zealand Acts

EQUAL PAY ACT 1972 - SECT 13PB

13PB Employer’s decision about whether claim meets requirements of section 13E

1 An employer who receives a pay equity claim must make a decision under this section before deciding, under section 13Q(1A) , whether the claim has merit.

2 The employer must decide whether, in the employer’s view, the pay equity claim meets all requirements set out in section 13E .

3 Without limiting subsection (2), the employer must, in making the decision about a pay equity claim raised by 1 or more unions, consider and decide whether all of the employees covered by the claim perform work that is the same or substantially similar.

4 If an employer decides that, in the employer’s view, a pay equity claim does not meet all requirements set out in section 13E , the employer must, as soon as is reasonably practicable, give notice to the claimant that—

a) sets out the reasons for the employer’s decision; and

b) describes the effect of the decision as set out in subsection (5); and

c) explains the steps that the claimant may take to challenge the employer’s decision, including advice that the claimant may—

i) seek further details of the reasons for the employer’s decision; and

ii) refer the decision to mediation under section 13ZO ; and

iii) refer the decision to the Authority for facilitation under sections 13ZP to 13ZX if 1 or both of the grounds in section 13ZR(2) exist; and

iv) apply to the Authority under section 13ZY for a determination on the decision and that, if the claimant does so, the Authority will first consider whether an attempt has been made to resolve the question by facilitation or mediation.

5 A notice under subsection (4) has the effect of discontinuing the pay equity claim from the date on which the employer gives the notice, but the discontinuance of the claim does not prevent—

a) the parties from agreeing to reverse the employer’s decision; or

b) the claimant from applying to the Authority for a determination in relation to the employer’s decision; or

c) a new claim that complies with section 13DA from being raised.

6 If the parties agree to reverse the employer’s decision,—

a) the pay equity claim is no longer discontinued; and

b) sections 13PA(2) and 13R(1) and (2)(a) do not apply; and

c) the employer must under sections 13Q and 13S make, and give notice of, the employer’s decision about whether the claim has merit not later than—

i) 60 working days after the date on which the employer’s decision is reversed less the number of working days between the date on which the claim was received and the date on which the employer gave the notice under subsection (4); or

ii) any extended date beyond the period described in subparagraph (i) that is specified in a notice by the employer under paragraph (d); and

d) the employer may, by notice to the claimant, extend the time limit specified in paragraph (c)(i) if the employer has reasonable grounds for requiring the extension; and

e) a notice under paragraph (d) extending the time limit must be given as soon as is reasonably practicable and,—

i) if it is the first notice extending the time limit since the claim was received, not later than 60 working days after the date on which the employer’s decision is reversed less the number of working days between the date on which the claim was received and the date on which the employer gave the notice under subsection (4):

ii) if a previous extension of the time limit under section 13R had not expired on the date on which the employer gave notice under subsection (4), not later than 5 working days after the date of the reversal of the employer’s decision; and

f) section 13R(2)(b) and (c) and (3) applies to a notice under paragraph (d); and

g) a notice to which paragraph (e)(ii) applies may extend the time limit in paragraph (c)(i) only by the period that was remaining of the existing extension.

History: Section 13PB: inserted, on 14 May 2025, by section 20 of the Equal Pay Amendment Act 2025 (2025 No 21).