Equal Pay Act 1972

Preliminary provisions

2: Interpretation

You could also call this:

"What words mean in the Equal Pay Act 1972"

When you read the Equal Pay Act 1972, you need to know what some words mean. The Act says an agreement is a special kind of agreement that is mentioned in the definition of the term instrument in paragraph (d) or paragraph (e). You can find more information about this in the Employment Relations Act 2000.

The Act also explains other words like appropriate authority, court, and employee. The court is the Employment Court, which is part of the Employment Relations Act 2000. An employee has the same meaning as in the Employment Relations Act 2000.

The Act defines other important words like employer, employment agreement, and equal pay. Equal pay means getting paid the same as others for doing the same work, without any difference because of being male or female. An employment agreement is an agreement between an employer and employee, and it has the same meaning as in section 5 of the Employment Relations Act 2000.

The Act also talks about pay equity claims and settlements. A pay equity claim is when someone says they are not getting paid fairly because of their sex. A pay equity claim settlement is when the claim is solved, either by an agreement or by a decision from the Authority or the Court, as described in section 13ZH of the Act.

Some work is done mostly by female employees, which means at least 70% of the people doing that work are female. Remuneration is what you get paid, including your salary, wages, and any extra payments like bonuses or allowances.

If a word is not defined in the Act, it has the same meaning as in the Employment Relations Act 2000. There are some exceptions to the Act, like when an employment agreement has a special rate of pay for someone with special qualifications or experience.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM407775.


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1: Short Title, or

"A law from 1972 to ensure people get paid fairly, called the Equal Pay Act 1972."


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2AAA: Transitional, savings, and related provisions, or

"Special rules to help change to the Equal Pay Act 1972"

Part 1Preliminary provisions

2Interpretation

  1. In this Act, unless the context otherwise requires,—

    agreement means any agreement specified in paragraph (d) or paragraph (e) of the definition of the term instrument

      appropriate authority, in relation to any instrument, means the authority having jurisdiction under any Act to fix rates of remuneration payable under that instrument

        court means the Employment Court constituted under the Employment Relations Act 2000

          employee has the same meaning as in the Employment Relations Act 2000

                    employer means any person employing an employee or employees

                      employment agreement has the same meaning as in section 5 of the Employment Relations Act 2000

                        Employment Relations Authority means the Employment Relations Authority established by section 156 of the Employment Relations Act 2000

                          equal pay means a rate of remuneration for work in which rate there is no element of differentiation between male employees and female employees based on the sex of the employees

                            equal pay claim means a claim that an employer has breached section 2AAC(a)

                              Inspector means a Labour Inspector designated under section 223 of the Employment Relations Act 2000

                                pay equity claim means a claim that an employer has breached section 2AAC(b)

                                  pay equity claim settlement means a settlement of a pay equity claim that is recorded—

                                  1. in a written agreement between the parties as described in section 13ZH(3); or
                                    1. in a determination of the Authority or the Court as described in section 13ZH(1)(b)(ii) or (iii)

                                      predominantly performed by female employees

                                      1. in Part 2, in relation to work, means that the work is performed by a workforce that is at least 70% female; and
                                        1. in Part 4, in relation to work to which a pay equity claim relates, means that the work—
                                          1. is performed by a workforce that is at least 70% female; and
                                            1. has been performed by a workforce described in subparagraph (i) for at least 10 consecutive years immediately before the date on which the claim was raised

                                            remuneration, in relation to any employee, means the salary or wages actually and legally payable to that employee; and includes—

                                            1. time and piece wages and overtime and bonus and other special payments:
                                              1. allowances, fees, commission, and every other emolument, whether in 1 sum or several sums, and whether paid in money or not.

                                              2. Nothing in this Act shall apply with respect to any employment agreement that fixes a rate of remuneration that is special to an employee by reason of special qualifications, experience, or other qualities possessed by that employee and does not involve any discrimination in relation to that employee or any other employee based on the sex of the employee.

                                              3. Any term or expression used but not defined in this Act has the meaning given to it in the Employment Relations Act 2000.

                                              Notes
                                              • Section 2(1) agricultural workers order: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) apprenticeship order: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) award: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) Commission: repealed, on , by section 6(2) of the Industrial Relations Amendment Act 1977 (1977 No 108).
                                              • Section 2(1) court: replaced, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
                                              • Section 2(1) employee: amended, on , by section 5(2)(a) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) employee: amended, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
                                              • Section 2(1) employee paragraph (a): repealed, on , by section 5(2)(b) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) employee paragraph (b): repealed, on , by section 130(1) of the Policing Act 2008 (2008 No 72).
                                              • Section 2(1) employee paragraph (c): repealed, on , by section 5(2)(b) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) employee paragraph (d): repealed, on , by section 87 of the State Sector Act 1988 (1988 No 20).
                                              • Section 2(1) employee paragraph (e): repealed, on , by section 668 of the Education and Training Act 2020 (2020 No 38).
                                              • Section 2(1) employer: replaced, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
                                              • Section 2(1) employment agreement: inserted, on , by section 5(1) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) Employment Relations Authority: inserted, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
                                              • Section 2(1) Employment Tribunal: repealed, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
                                              • Section 2(1) equal pay claim: inserted, on , by section 5(1) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) first increment date: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) industrial agreement: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) Inspector: replaced, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
                                              • Section 2(1) instrument: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) pay equity claim: inserted, on , by section 5(1) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) pay equity claim settlement: inserted, on , by section 5(1) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(1) pay equity claim settlement paragraph (b): amended, on , by section 4(1) of the Equal Pay Amendment Act 2025 (2025 No 21).
                                              • Section 2(1) predominantly performed by female employees: replaced, on , by section 4(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
                                              • Section 2(1) waterfront industry order: repealed, on , by section 5(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(2): amended, on , by section 5(4) of the Equal Pay Amendment Act 2020 (2020 No 45).
                                              • Section 2(3): inserted, on , by section 5(5) of the Equal Pay Amendment Act 2020 (2020 No 45).