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Equal Pay Act 1972

Pay equity claims - Determination by Authority

13ZZB: Process on application to fix remuneration

You could also call this:

"How to get help to fix your pay if it's not fair, and what you need to do first."

If you apply to the Authority to fix your pay under section 13ZY(1)(i) and you have not tried to resolve the issue by mediation, the Authority will tell you to try mediation or another process to resolve the issue. The Authority wants you to try to resolve the issue with the other party before they make a decision. You must try to resolve the issue by mediation or another process recommended by the Authority before the Authority can make a decision about your pay.

The Authority will only make a decision about your pay if you and the other party have tried to resolve the issue by mediation or another process and the Authority is satisfied that you have tried all other options. The Authority needs to be sure that you have exhausted all other alternatives for settling the pay equity claim. You and the other party must work together to try to resolve the issue before the Authority gets involved.

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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=LMS427380.

Topics:
Work and jobs > Worker rightsRights and equality > Anti-discrimination
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13ZZAD: Later decision on work performed by employees covered by claim, or

"What happens next with a pay claim when a decision is made about the work employees do"

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13ZZC: Limitation on challenge to determination of Authority fixing remuneration, or

"Challenging the Authority's pay decisions: what you can and can't do"

Part 4Pay equity claims
Determination by Authority

13ZZBProcess on application to fix remuneration

  1. If the Authority receives an application under section 13ZY(1)(i) to fix remuneration and the parties have not previously tried to resolve the difficulties by mediation or further mediation, the Authority must—

  2. direct the parties to try to resolve the difficulties by mediation or further mediation; or
    1. recommend another process that the parties must follow to try to resolve the difficulties.

      1. The Authority may accept an application for a determination that fixes remuneration only if—

      2. the parties have first tried to resolve the difficulties by mediation, or by any other process recommended by the Authority; and
        1. the Authority is satisfied that all other reasonable alternatives for settling the pay equity claim have been exhausted.

          Notes
          • Section 13ZZB: inserted, on , by section 18 of the Equal Pay Amendment Act 2020 (2020 No 45).
          • Section 13ZZB(1): amended, on , by section 41(1) of the Equal Pay Amendment Act 2025 (2025 No 21).
          • Section 13ZZB(2)(b): replaced, on , by section 41(2) of the Equal Pay Amendment Act 2025 (2025 No 21).