Plain language law

New Zealand law explained for everyone

Wages Protection Act 1983

11: Recovery of wages

You could also call this:

"Getting back wages if your employer took them without permission"

Illustration for Wages Protection Act 1983

You can recover wages from your employer if they made a deduction without your consent. You can take action in the Employment Relations Authority, established by the Employment Relations Act 2000, to get back the deducted wages. This can happen if the deduction was not agreed to in writing, or if you were forced to agree to it. You can also recover wages if your employer paid you in a way that is not money, but should have been paid in money according to section 7. You need to take action within six years of when the problem happened. You cannot take action if the problem happened more than two years before this law started.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM74849.

This page was last updated on — View changes

Topics:
Work and jobs > Worker rightsMoney and consumer rights > Taxes
Previous

10: Payment where worker absent, or

"Getting paid when you're not at work"

Next

11A: Proceedings by Labour Inspector or worker to recover arrears of wages from person involved in failure to comply, or

"Getting unpaid wages back from someone who broke the rules"

11Recovery of wages

  1. Subject to subsections (2) and (3), a worker, or a Labour Inspector on behalf of a worker, may recover from that worker's employer, by action in the Employment Relations Authority, established by the Employment Relations Act 2000, in the prescribed manner,—

  2. any deduction made (otherwise than pursuant to section 6) by that employer from wages that have been paid, or but for that deduction would have been paid, by that employer to that worker, if—
    1. that deduction was not consented to, or requested by, that worker in writing; or
      1. the making of that deduction was consented to, or requested by, that worker in writing; but the consent or request concerned was obtained by threat of dismissal, or otherwise by duress; or
        1. the making of that deduction was in accordance with a general deductions clause in that worker’s employment agreement but that worker was not consulted before that deduction was made; or
          1. that deduction was unreasonable:
          2. an amount equal to any wages required by section 7 to be paid to that worker in money, if that employer paid those wages to that worker otherwise than in money.

            1. No action under subsection (1) shall be brought after the expiration of 6 years from the date on which the cause of action concerned arose.

            2. No such action shall be brought in respect of any cause of action that arose more than 2 years before the commencement of this Act.

            Compare
            • 1964 No 58 ss 4(2), 7(2), 8
            Notes
            • Section 11 heading: replaced, on , by section 8(1) of the Wages Protection Amendment Act 2016 (2016 No 12).
            • Section 11(1): amended, on , by section 8(2) of the Wages Protection Amendment Act 2016 (2016 No 12).
            • Section 11(1): amended, on , by section 240 of the Employment Relations Act 2000 (2000 No 24).
            • Section 11(1)(a)(iii): inserted, on , by section 157 of the Statutes Amendment Act 2025 (2025 No 74).
            • Section 11(1)(a)(iv): inserted, on , by section 157 of the Statutes Amendment Act 2025 (2025 No 74).