Equal Pay Act 1972

Pay equity claims - Pay equity bargaining process

13ZC: Duty to provide information

You could also call this:

"Telling the other side what they need to know for a fair pay claim"

When you are part of a pay equity claim, you must give the other party information they ask for if it is reasonably necessary to support their claim. You must ask for this information in writing and say what information you need, why you need it, and when you need it by. If someone asks you for information, you can give it to an independent reviewer instead of the person who asked, if you think the information is confidential. If you give information to an independent reviewer, the rules in section 34(4) to (9) of the Employment Relations Act 2000 apply, but they use the words "parties" instead of "union and employer".

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427317.


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Part 4Pay equity claims
Pay equity bargaining process

13ZCDuty to provide information

  1. The parties to a pay equity claim must provide to each other, on request, information that is reasonably necessary to support or substantiate claims or responses to claims made for the purposes of the bargaining.

  2. A request by a party to another party for information must—

  3. be in writing; and
    1. specify the nature of the information requested in sufficient detail to enable the information to be identified; and
      1. specify the claim, or the response to a claim, in respect of which information to support or substantiate the claim, or the response, is requested; and
        1. specify a reasonable time within which the information must be provided.
          1. A party who receives an information request may provide the information to an independent reviewer, instead of to the requesting party, if the party reasonably considers that the information requested should be treated as confidential information.

          2. If information is provided to an independent reviewer, section 34(4) to (9) of the Employment Relations Act 2000 applies as if references in those provisions to the union and employer were references to the parties.

          Compare
          Notes
          • Section 13ZC: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).