Equal Pay Act 1972

Pay equity claims - Pay equity bargaining process

13ZD: Matters to be assessed

You could also call this:

"What to consider when checking if a job's pay is fair"

When you make a pay equity claim, you and the other party must look at certain things to see if the work has been undervalued because of sex. You compare the work to similar work done by others, and you look at the reasons why the work might have been undervalued in the past, as set out in section 13F(2) and section 13F(3).

You must consider the skills and responsibilities needed for the job, the conditions of work, and how much effort is required. You also look at the terms and conditions of employment, and the pay for the job, as well as for similar jobs.

When making these assessments, you must be objective and not make assumptions based on sex. You should consider that some skills, like social and communication skills, might have been overlooked or undervalued in the past, especially in jobs mostly done by women.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS427319.


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13ZC: Duty to provide information, or

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


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13ZE: Selecting appropriate comparators, or

"Choosing someone to compare your pay with to make sure you get fair pay"

Part 4Pay equity claims
Pay equity bargaining process

13ZDMatters to be assessed

  1. The parties to a pay equity claim must assess all matters set out in subsection (2)—

  2. to determine whether, and the extent to which, the work to which the claim relates has been subject to sex-based undervaluation when compared with the valuation of the work performed by appropriate comparators; and
    1. by reference to—
      1. the reasons for historical undervaluation set out in section 13F(2); and
        1. in relation to continued systemic undervaluation, all relevant matters including the reasons set out in section 13F(3).
        2. The matters to be assessed are as follows:

        3. the nature of the work to which the claim relates, and the nature of the work of appropriate comparators, including, in each case, the following:
          1. the skills required:
            1. the responsibilities imposed:
              1. the level of experience required to perform the work:
                1. the conditions of work:
                  1. the degree of effort required to perform the work:
                    1. any other relevant work features:
                    2. the terms and conditions of employment (other than remuneration) of—
                      1. the persons who perform the work to which the claim relates; and
                        1. appropriate comparators:
                        2. the remuneration that is paid to—
                          1. the persons who perform the work to which the claim relates; and
                            1. appropriate comparators:
                            2. any other matters prescribed by regulations.
                              1. In making the assessments, the parties must—

                              2. consider matters objectively and without assumptions based on sex, taking the following into account:
                                1. prevailing views as to the value of work are not necessarily free of assumptions based on sex:
                                  1. undervaluations or other differences in remuneration that are identified are not necessarily based on sex; and
                                  2. recognise the importance of skills, responsibilities, effort, and conditions that are or have been commonly overlooked or undervalued in work that is performed by a workforce that is at least 70% female (for example, social and communication skills, taking responsibility for the well-being of others, cultural knowledge, and sensitivity); and
                                    1. make the determination referred to in subsection (1)(a) only by considering the work to which the claim relates since the time when that work came to be performed by a workforce that is at least 70% female.
                                      Notes
                                      • Section 13ZD: replaced, on , by section 29 of the Equal Pay Amendment Act 2025 (2025 No 21).