Equal Pay Act 1972

Pay equity claims - Determination by Authority

13ZZAB: Decision that claim does not have merit

You could also call this:

"When a court or authority decides a pay claim is not worth pursuing, it stops the claim from going further."

If the Authority or the court makes a decision under section 13ZY(1)(e) about a claim, this section applies. You can find out more about the kind of decision they are talking about in section 13ZZA(2)(b). The Authority or the court will decide if the claim has merit or not.

If they decide the claim has merit, the claim is no longer stopped and section 13ZB applies, which means the parties must start talking about pay equity. The claim will start moving forward again.

If they decide the claim does not have merit, the claim stays stopped from the date the employer told the claimant about their decision.

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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=LMS1440505.


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13ZZAA: Decision that claim does not meet section 13E requirements, or

"When your pay claim doesn't meet the rules, it can't go ahead"


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13ZZAC: Decision that no appropriate comparators are available, or

"When the court decides there's no one similar to compare your pay to"

Part 4Pay equity claims
Determination by Authority

13ZZABDecision that claim does not have merit

  1. This section applies if the Authority or the court makes a determination under section 13ZY(1)(e) in relation to a decision referred to in section 13ZZA(2)(b).

  2. If the determination is that the claim has merit,—

  3. the claim is no longer discontinued; and
    1. section 13ZB applies and the parties must enter into the pay equity bargaining process.
      1. If the determination is that the claim does not have merit, the claim remains discontinued from the date on which the employer gave notice of the decision to the claimant.

      Notes
      • Section 13ZZAB: inserted, on , by section 40 of the Equal Pay Amendment Act 2025 (2025 No 21).