Public Service Act 2020

People working in public service - Public service workforce - Pay equity claims

82: Pay equity claims

You could also call this:

"What happens when you make a claim for fair pay"

When you make a pay equity claim, the Commissioner is in charge of dealing with it. You can think of the Commissioner as the employer in this situation. The chief executive of a department or the board of an interdepartmental venture must tell the Commissioner about the claim as soon as possible.

The Commissioner has to decide if your claim meets the requirements set out in section 13E of the Equal Pay Act 1972. They also have to decide if your claim has merit and conduct the pay equity bargaining process. The Commissioner is responsible for settling your pay equity claim.

The Commissioner's responsibility starts when they receive notice of your claim or on a later date they choose. They are not usually responsible for attending mediation under the Employment Relations Act 2000 or participating in any facilitation of bargaining. However, the Commissioner can choose to be involved in these processes if they think it is appropriate.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS268149.


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Part 3People working in public service
Public service workforce: Pay equity claims

82Pay equity claims

  1. The Commissioner is responsible for dealing with a pay equity claim as if the Commissioner were the employer.

  2. When a pay equity claim is raised with the chief executive of a department or the board of an interdepartmental venture, the chief executive or board must, as soon as practicable, give notice in writing of the pay equity claim to the Commissioner.

  3. The Commissioner’s responsibility under subsection (1)—

  4. includes, without limiting that subsection, responsibility for acknowledging receipt of and giving notice of the claim, forming views on whether the claim meets all requirements set out in section 13E of the Equal Pay Act 1972 and on whether the claim has merit, conducting the pay equity bargaining process, and settling a pay equity claim; but
    1. does not include responsibility for the following, unless the Commissioner thinks it appropriate to continue the Commissioner’s responsibility during that time:
      1. attendance in mediation under the Employment Relations Act 2000 in relation to the claim or any aspect of the claim; or
        1. participation in any facilitation of bargaining or participation in relation to any application lodged in the Employment Relations Authority or filed in a tribunal or a court in relation to the claim or any aspect of the claim.
        2. The Commissioner’s responsibility under this section arises in relation to a pay equity claim—

        3. on the date on which the Commissioner receives notice under subsection (2); or
          1. on any later date that the Commissioner notifies to the chief executive or board.
            1. Subsection (3) is subject to subsection (4).

            Notes
            • Section 82: replaced, on , by section 30 of the Equal Pay Amendment Act 2020 (2020 No 45).
            • Section 82(3)(a): amended, on , by section 54 of the Equal Pay Amendment Act 2025 (2025 No 21).