Plain language law

New Zealand law explained for everyone

Equal Pay Act 1972

Key provisions

3: Criteria to be applied

You could also call this:

"How to compare men's and women's pay for the same work"

When you are comparing how much men and women are paid for doing the same work, you need to consider a few things. You need to think about how much skill, effort, and responsibility the work needs, and if the conditions are the same. You also need to think about what a man would be paid if he was doing the same work with the same skills and experience.

If the work is usually done by women, you need to think about what a man would be paid if he was doing that work with the same skills and experience. You need to consider if the man and woman are doing the same work, or very similar work, and if they are working in the same conditions. This helps to make sure that men and women are paid fairly for the work they do.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM408037.

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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Part 2Key provisions

3Criteria to be applied

  1. In determining whether there exists an element of differentiation, based on the sex of the employees, in the rates of remuneration of male employees and female employees for any work, the following criteria shall apply:

  2. for work which is not exclusively or predominantly performed by female employees—
    1. the extent to which the work or class of work calls for the same, or substantially similar, degrees of skill, effort, and responsibility; and
      1. the extent to which the conditions under which the work is to be performed are the same or substantially similar:
      2. for work which is exclusively or predominantly performed by female employees, the rate of remuneration that would be paid to male employees with the same, or substantially similar, skills, responsibility, and experience performing the work under the same, or substantially similar, conditions and with the same, or substantially similar, degrees of effort.

        1. Repealed

        2. Repealed
        Notes
        • Section 3(1): amended, on , by section 10(1) of the Equal Pay Amendment Act 2020 (2020 No 45).
        • Section 3(1): amended, on , by section 10(2) of the Equal Pay Amendment Act 2020 (2020 No 45).
        • Section 3(1)(b): amended, on , by section 10(3) of the Equal Pay Amendment Act 2020 (2020 No 45).
        • Section 3(2): repealed, on , by section 10(4) of the Equal Pay Amendment Act 2020 (2020 No 45).
        • Section 3(3): repealed, on , by section 10(4) of the Equal Pay Amendment Act 2020 (2020 No 45).