Equal Pay Act 1972

Pay equity claims - Employer decisions about claims

13Q: Employer’s decision about whether claim has merit

You could also call this:

"Does the employer think the pay equity claim is worth looking into?"

If you are an employer who has received a pay equity claim, you must decide if the claim has merit. You do this after deciding the claim meets all the requirements set out in section 13E. You can find out more about how this works for multi-employer pay equity claims in section 13T.

If you decide a pay equity claim has merit, it does not mean you agree there is a pay equity issue or that you will settle the claim. You are deemed to have accepted a pay equity claim has merit if you fail to give notice in accordance with section 13S by the time limit set out in section 13PA(2), or by the time limit set out in section 13PB(6) or 13ZZAA.

When you make a decision about a pay equity claim, you must follow the rules set out in the Equal Pay Act 1972.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427288.


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13PB: Employer’s decision about whether claim meets requirements of section 13E, or

"Your employer decides if your pay equity claim is valid and meets the rules."


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13R: Notice extending time limit for employer’s decisions about pay equity claim, or

"Notice to extend time for employer to decide on pay equity claim"

Part 4Pay equity claims
Employer decisions about claims

13QEmployer’s decision about whether claim has merit

  1. This section applies to an employer who has—

  2. received a pay equity claim; and
    1. decided under section 13PB(2) that, in the employer’s view, the claim meets all requirements set out in section 13E.
      1. The employer must decide whether, in the employer’s view, the pay equity claim has merit. (See section 13T for how this requirement applies to multi-employer pay equity claims.)

      2. Repealed
      3. An employer’s decision that a pay equity claim has merit does not mean that—

      4. the employer agrees that there is a pay equity issue; or
        1. there will be a pay equity claim settlement as a result of following the pay equity claim process.
          1. The employer is deemed to have accepted that a pay equity claim has merit if the employer fails to give notice in accordance with section 13S by the time limit set out in section 13PA(2) (or, if applicable, by the time limit set out in section 13PB(6) or 13ZZAA).

          2. Repealed
          Compare
          Notes
          • Section 13Q: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
          • Section 13Q heading: replaced, on , by section 21(1) of the Equal Pay Amendment Act 2025 (2025 No 21).
          • Section 13Q(1): replaced, on , by section 21(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
          • Section 13Q(1A): inserted, on , by section 21(2) of the Equal Pay Amendment Act 2025 (2025 No 21).
          • Section 13Q(2): repealed, on , by section 21(3) of the Equal Pay Amendment Act 2025 (2025 No 21).
          • Section 13Q(3): amended, on , by section 21(4) of the Equal Pay Amendment Act 2025 (2025 No 21).
          • Section 13Q(4): replaced, on , by section 21(5) of the Equal Pay Amendment Act 2025 (2025 No 21).
          • Section 13Q(5): repealed, on , by section 21(5) of the Equal Pay Amendment Act 2025 (2025 No 21).