Equal Pay Act 1972

Regulations

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Special rules for equal pay claims that were already started or settled when the law changed"

The Equal Pay Act 1972 has some special rules. You need to know what these rules mean. An amendment Act is a law that changes another law.

Some claims about equal pay were started before the amendment Act came into force. These claims are called existing pay equity claims. They must follow new rules to be settled.

If you have an existing pay equity claim, it will be discontinued. But you can start a new claim under the new rules. The new rules are in Part 4 of the Act.

There are also rules about claims that were already settled. These claims are called pay equity claim settlements. They were settled before the amendment Act came into force.

Some pay equity claim settlements have a review clause. A review clause is a part of the settlement that says how the employee's pay will be reviewed. On and after the commencement date, review clauses have no effect.

You can still raise a new claim if you think you are not being paid equally. But there are some limits on when you can raise a claim. You cannot raise a claim about the same issue that was already settled.

The rules about existing claims and settlements are in the Act. You can read the Act to learn more about the rules.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427216.

Topics:

Rights and equality > Anti-discriminationWork and jobs > Worker rights

20: Act to be administered in Department of Labour, or

"The Department of Labour looks after the Equal Pay Act 1972 law."

Schedule 2: Content of notice to affected employees of pay equity claim, or

"What to expect if someone makes a pay equity claim about your job"

1Transitional, savings, and related provisions Empowered by s 2AAA

1Provisions relating to Equal Pay Amendment Act 2020

1Interpretation

In this Part,—
amendment Act means the Equal Pay Amendment Act 2020
existing equal pay claim means a claim that—
1. is to the effect that an employer has differentiated, on the basis of sex, between the rates of remuneration offered and afforded by the employer to employees of the employer who perform the same, or substantially similar, work; and
2. was formally commenced by lodging an application to the Authority or a court before the date on which the amendment Act came into force, but not determined by the Authority or court before that date
existing pay equity claim means a claim, whether under this Act or under the Government Service Equal Pay Act 1960, that—
1. is to the effect that an employer has failed to ensure that there is no differentiation on the basis of sex between the rates of remuneration offered and afforded by the employer for work that is exclusively or predominantly performed by female employees and the rate of remuneration that would be paid to male employees who—
  1. have the same, or substantially similar, skills, responsibility, and service; and
  2. work under the same, or substantially similar, conditions, and with the same, or substantially similar, degrees of effort; and
2. either—
  1. was formally commenced by lodging an application to the Authority or a court before the date on which the amendment Act came into force, but not determined by the Authority or court before that date; or
  2. was notified by an employee to an employer before the date on which the amendment Act came into force, but not formally commenced by application to the Authority or a court before that date
existing unlawful discrimination claim means a claim—
1. under section 2A of the principal Act that does not fall within the definition of an existing pay equity claim or an existing equal pay claim; and
2. that was formally commenced by lodging an application to the Authority or a court before the date on which the amendment Act came into force, but not determined by the Authority or court before that date.
In this Part, a claim is notified by an employee to an employer on the date on which the employee gives the employer notice in writing that the employee is making a claim to the effect that the employer has failed to ensure that there is no differentiation on the basis of sex between the rates of remuneration offered and afforded by the employer for work that is exclusively or predominantly performed by female employees and the rate of remuneration that would be paid to male employees who—
have the same, or substantially similar, skills, responsibility, and service; and
work under the same, or substantially similar, conditions, and with the same, or substantially similar, degrees of effort.

Notes

Schedule 1 clause 1: inserted, on 6 November 2020, by section 25 of the Equal Pay Amendment Act 2020 (2020 No 45).

2Existing pay equity claims must transition to Part 4 process

Every existing pay equity claim that was formally commenced by lodging an application with the Authority or a court before the date on which the amendment Act came into force is discontinued, unless the Authority or court had begun hearing the claim before that date.
An employee who has an existing pay equity claim (whether formally commenced and discontinued under subclause (1), or notified to the employee’s employer but not formally commenced) may—
raise a new claim under Part 4 of this Act, by following the processes set out in that Part; or
resolve the existing pay equity claim by following a pay equity bargaining process as required by a written pay equity bargaining agreement in accordance with clause 3.

Notes

Schedule 1 clause 2: inserted, on 6 November 2020, by section 25 of the Equal Pay Amendment Act 2020 (2020 No 45).

3Claims to which existing written pay equity bargaining agreement applies

This clause applies to an existing pay equity claim if, before the date on which the amendment Act comes into force, the parties signed a written agreement that states that the parties agree that the pay equity claim is arguable and—
requires them to undertake a pay equity bargaining process that includes an assessment of the matters set out in section 13ZD based on comparators identified in accordance with section 13ZE; or
specifies a pay equity bargaining process that the parties will use and that they agree is suitable and sufficient to settle the claim.

If this clause applies,—
a pay equity claim is deemed to have been made in accordance with the requirements of section 13G and either section 13H or 13I (as applicable); and
the employer is deemed to have complied with the requirement in section 13J(1)(a); and
the employer must give notice of the claim to every union to which 1 or more of the employer’s employees belong that represents persons who perform work that is the same as, or substantially similar to, the work to which the claim relates, as soon as is reasonably practicable and no later than 5 working days after the date on which the amendment Act comes into force; and
the employer must give notice of the claim to all affected employees in accordance with section 13U or 13V (as applicable) as soon as is reasonably practicable and not later than 20 working days after the date on which the amendment Act comes into force or a later date in accordance with an extension notified under section 13U(4) or 13V(4); and
the employer is deemed to have decided that the claim is arguable in accordance with the requirement in section 13Q; and
sections 13C, 13D, 13K to 13P, 13W to 13ZA, and 13ZC to 13ZZE apply accordingly.

The requirement in subclause (2)(d) to notify all affected employees of the claim applies irrespective of any prior notification of the claim that the employer may have given to affected employees.
Any pay equity bargaining that took place before the amendment Act came into force may be taken into account for the purposes of sections 13ZR(2)(b), 13ZY(2), and 13ZZB(2)(b).

Notes

Schedule 1 clause 3: inserted, on 6 November 2020, by section 25 of the Equal Pay Amendment Act 2020 (2020 No 45).

4Appeals

This clause applies to an application—
that is an existing pay equity claim that was formally commenced in the Authority or the court before the date on which the amendment Act came into force; and
in relation to which the Authority, or the court in which the application was commenced, had started to hear the claim or had made a determination on the application before the date on which the amendment Act came into force.

Any appeal against, or challenge to the determination must be determined in accordance with the provisions of this Act as if it had not been amended by the amendment Act, or the provisions of the Government Service Equal Pay Act 1960 as if it had not been repealed by the amendment Act (as applicable).

Notes

Schedule 1 clause 4: inserted, on 6 November 2020, by section 25 of the Equal Pay Amendment Act 2020 (2020 No 45).

5Existing Equal Pay Act 1972 claim settlements

The following are to be treated as a pay equity claim settlement for the purpose of section 13E(6):
a written settlement agreement entered into between 1 or more employers and 1 or more employees or a union representing 1 or more employees before the date on which the amendment Act came into force, if the process undertaken by the parties to reach that settlement involved—
1. an assessment of the matters set out in section 13ZD based on comparators identified in accordance with section 13ZE; or
2. a pay equity bargaining process that the parties agreed in writing was suitable and sufficient to settle the claim:
a claim settled under the Support Workers (Pay Equity) Settlements Act 2017:
the settlement of the claim raised by the New Zealand Educational Institute Te Riu Roa Incorporated and others with the Chief Executive of the Ministry of Education in respect of support workers, recorded in the Education Support Workers, Behaviour Support Workers and Communication Support Workers Pay Equity Settlement Agreement dated 1 July 2018:
the settlement of the claim raised by the New Zealand Educational Institute Te Riu Roa Incorporated with the Secretary for Education in respect of teacher aides, recorded in the Teacher Aide Pay Equity Settlement Agreement dated 12 February 2020.

Notes

Schedule 1 clause 5: inserted, on 6 November 2020, by section 25 of the Equal Pay Amendment Act 2020 (2020 No 45).

6Effect of amendment Act on other existing claims

An existing equal pay claim or existing unlawful discrimination claim must be determined in accordance with the provisions of this Act as if it had not been amended by the amendment Act.

Notes

Schedule 1 clause 6: inserted, on 6 November 2020, by section 25 of the Equal Pay Amendment Act 2020 (2020 No 45).

2Provisions relating to Equal Pay Amendment Act 2025

7Interpretation

In this Part,—
2025 amendment Act means the Equal Pay Amendment Act 2025
commencement date means the date on which the 2025 amendment Act comes into force
covered by the specified pay equity claim settlement has the same meaning as covered by a pay equity claim settlement in section 13B
existing pay equity claim means a pay equity claim that, before the commencement date,—
1. was raised; and
2. did not have a pay equity claim settlement recorded
review clause means a clause that—
1. is part of a specified pay equity claim settlement; and
2. sets out a process for the review of the employee’s remuneration to ensure that pay equity is maintained, including the frequency of reviews
specified pay equity claim settlement—
1. means a pay equity claim settlement recorded under the Act before the commencement date and in force immediately before the commencement date; and
2. includes the matters that are to be treated as pay equity claim settlements under clause 5.

Notes

Schedule 1 clause 7: inserted, on 14 May 2025, by section 48(a) of the Equal Pay Amendment Act 2025 (2025 No 21).

8Existing pay equity claims

An existing pay equity claim is discontinued on the commencement date.
Proceedings in relation to an existing pay equity claim—
may not be commenced before the Authority or in the court on or after the commencement date; and
if they were commenced before the Authority or in the court before the commencement date and have not been determined, are discontinued on the commencement date.

Despite subclause (2) and without limiting subclause (1), if proceedings before the Authority or in the court in relation to an existing pay equity claim were determined before the commencement date, an appeal against or challenge to the determination of the Authority or the court, whether commenced before, on, or after the commencement date, may be determined on or after the commencement date in accordance with this Act as if it had not been amended by the 2025 amendment Act.
This clause does not prevent a new claim that complies with section 13DA from being raised.

Notes

Schedule 1 clause 8: inserted, on 14 May 2025, by section 48(a) of the Equal Pay Amendment Act 2025 (2025 No 21).

9Claims relating to employees and work covered by previous settlements

No pay equity claim may be raised within 10 years after the date of a specified pay equity claim settlement if the pay equity claim would relate to—
any or all of the employees covered by the pay equity claim settlement; and
the work to which the settlement relates.

However, a pay equity claim referred to in subclause (1) may be raised if, on or after the commencement date, the Authority or the court makes a determination under section 13ZY(1)(b) that the claim may be raised.

Notes

Schedule 1 clause 9: inserted, on 14 May 2025, by section 48(a) of the Equal Pay Amendment Act 2025 (2025 No 21).

10Review clauses

On and after the commencement date,—
a review clause has no effect; and
a term or condition of an employment agreement that is based on a review clause has no effect; and
proceedings may not be commenced before the Authority or in the court to the extent that those proceedings concern—
1. a review clause; or
2. a term or condition of an employment agreement that is based on a review clause; and
any proceedings of a kind referred to in paragraph (c) that were commenced before the Authority or in the court before the commencement date and have not been determined are discontinued to the extent that those proceedings concern a review clause.

Clause 8(3) does not apply to an existing pay equity claim to the extent that the proceedings appealed against or challenged concern—
a review clause; or
a term or condition of an employment agreement that is based on a review clause.

Notes

Schedule 1 clause 10: inserted, on 14 May 2025, by section 48(a) of the Equal Pay Amendment Act 2025 (2025 No 21).