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New Zealand law explained for everyone

Equal Pay Act 1972

Pay equity claims - Facilitation

13ZT: Process of facilitation

You could also call this:

"Help to sort out pay problems in a private meeting with the Authority's assistance"

When you are part of a facilitation process, it must be done in private. The Authority decides how the process will work. You will still be able to negotiate about pay equity during this time.

During facilitation, the Authority is not investigating anything. They cannot use their powers to investigate matters. The Authority's role is to help with the facilitation process.

If the Authority provides facilitation, you cannot challenge it in court because you think it was not done correctly. You can find more information about this by looking at the relevant legislation. The Authority's facilitation process is an important part of the Equal Pay Act.

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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=LMS427362.

Topics:
Rights and equality > Anti-discriminationWork and jobs > Worker rights
Previous

13ZS: Limitation on which member of Authority may provide facilitation, or

"Who can help solve a pay equity claim"

Next

13ZU: Statements made by parties during facilitation, or

"What you say during a facilitation process can't be used against you in court."

Part 4Pay equity claims
Facilitation

13ZTProcess of facilitation

  1. The process to be followed during facilitation—

  2. must be conducted in private; and
    1. is otherwise determined by the Authority.

      1. During facilitation, any pay equity bargaining in respect of the claim to which the facilitation relates continues subject to the process determined by the Authority.

      2. During facilitation, the Authority—

      3. is not acting as an investigative body; and
        1. may not exercise the powers it has for investigating matters.

          1. The provision of facilitation by the Authority may not be challenged or called in question in any proceedings on the ground—

          2. that the nature and content of the facilitation were inappropriate; or
            1. that the manner in which the facilitation was provided was inappropriate.

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