Equal Pay Act 1972

Pay equity claims - Determination by Authority

13ZZAC: Decision that no appropriate comparators are available

You could also call this:

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

If the Authority or the court makes a decision under section 13ZY(1)(h) about a claim, this section applies. You need to know what the decision is about, which is related to section 13ZZA(2)(c). The decision will say if there are suitable comparators to use for your claim.

If the decision says there is at least one suitable comparator, your claim is no longer stopped. You and the other parties must then follow the process in section 13ZE to choose suitable comparators and assess your pay equity claim under section 13ZD.

If the decision says there are no suitable comparators, your claim stays stopped from the date the employer told you 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=LMS1440508.


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13ZZAB: Decision that claim does not have merit, or

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


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13ZZAD: Later decision on work performed by employees covered by claim, or

"What happens next with a pay claim when a decision is made about the work employees do"

Part 4Pay equity claims
Determination by Authority

13ZZACDecision that no appropriate comparators are available

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

  2. If the determination is that 1 or more appropriate comparators are available for selection for use in assessing the claim,—

  3. the claim is no longer discontinued; and
    1. the parties must resume the process of selecting appropriate comparators under section 13ZE and assessing the pay equity claim under section 13ZD.
      1. If the determination is that there are no appropriate comparators available for selection for use in assessing the claim, the claim remains discontinued from the date on which the employer gave notice of the decision to the claimant.

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