Employment Relations Act 2000

Strikes and lockouts - Specified pay deductions in relation to partial strike

95D: Relationship between specified pay deduction and minimum wage

You could also call this:

"When pay deductions mean you earn less than the minimum wage"

If you get paid less than the minimum wage because of a specified pay deduction, section 6 of the Minimum Wage Act 1983 does not apply to you. This can happen if you are paid less because you are on a partial strike or if your pay is reduced because you did not work as much as you normally would. You can be paid less than the minimum wage in these situations.

If you are paid less because of a specified pay deduction, this rule only applies during the time when deductions can be made under sections 95A to 95C. This means that if you are paid less than the minimum wage, it is okay if it is because of a specified pay deduction during this time. You will not be protected by the minimum wage rules in this situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1455435.


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95C: Calculation of specified pay deduction, or

"How your pay is worked out if you're on a partial strike"


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95E: Union may request information about application or calculation of specified pay deduction, or

"Your union can ask your employer to explain pay deductions"

Part 8Strikes and lockouts
Specified pay deductions in relation to partial strike

95DRelationship between specified pay deduction and minimum wage

  1. Section 6 of the Minimum Wage Act 1983 does not apply to an employee who receives payment at less than the applicable minimum rate of wages prescribed under section 4, 4A, or 4B of that Act if the payment—

  2. is the result of a specified pay deduction; or
    1. is, in the case of an employee who is paid by piece work, the result of—
      1. the employee being party to a partial strike; and
        1. the employee’s normal output being reduced because of the employee being party to that partial strike.
        2. Subsection (1)(a) applies only in relation to a period during which deductions may be made under sections 95A to 95C.

        Notes
        • Section 95D: inserted, on , by section 9 of the Employment Relations (Pay Deductions for Partial Strikes) Amendment Act 2025 (2025 No 35).