Yes
1983
1985
Applicable
2000, Employment Relations Act Available, in the original version, here. 1993, Human Rights Act Available, in the original version, here. 1972, Equal Pay Act (amended by the Equal Pay Amendment Act 2020), Section 2AAC(b) Available, in the original version, here. 1972, Equal Pay Act (amended by the Equal Pay Amendment Act 2020), Section 2AAC(b) Available, in the original version, here. The 2000 Employment Relations Act, the 1993 Human Rights Act and the 1972 Equal Pay Act oblige employers not to discriminate in employment on the basis of sex. The 2020 Equal Pay Amendment Act stipulates in Section 2AAC(b) that employers must ensure that "there is no differentiation, on the basis of sex, between the rates of remuneration offered and afforded by the employer for work that is exclusively or predominantly performed by female employees and the rate of remuneration that would be paid to male employees who (i) have the same, or substantially similar, skills, responsibility, and experience; and (ii) work under the same, or substantially similar, conditions, and with the same, or substantially similar, degrees of effort."
N/A
The 1972 Equal Pay Act (amended by the 2020 Equal Pay Amendment Act) only applies to employees. It does not apply, for example, to contractors.
The 1972 Equal Pay Act (amended by the 2020 Equal Pay Amendment Act) in Section 2(1) provides that "remuneration, in relation to any employee, means the salary or wages actually and legally payable to that employee; and includes (a) time and piece wages and overtime and bonus and other special payments; (b) allowances, fees, commission, and every other emolument, whether in 1 sum or several sums and whether paid in money or not."
The 1972 Equal Pay Act (amended by the 2020 Equal Pay Amendment Act) states in Section 2AAC(b) that employers must ensure that "there is no differentiation, on the basis of sex, between the rates of remu- neration offered and afforded by the employer for work that is exclusively or predominantly performed by female employees and the rate of remuneration that would be paid to male employees who -- (i) have the same, or substantially similar, skills, responsibility, and experience; and (ii) work under the same, or substantially similar, conditions, and with the same, or substantially similar, degrees of effort."
The 1972 Equal Pay Act (amended by the 2020 Equal Pay Amendment Act) stipulates in Section 13ZD that the parties to a pay equity claim must determine whether the employee's work is undervalued by assessing the nature of the work to which the claim relates, and the nature of comparators, including, in each case, the following: - the skills required - the responsibilities imposed - the conditions of work:the degree of effort required to perform the work - the level of experience required to perform the work: - any other relevant work features; and - terms and conditions of employment (other than remuneration) of the persons who perform the work to which the claim relates - terms and conditions of employment (other than remuneration) of persons who perform comparable work; and - the remuneration that is paid to the persons who perform the work to which the claim relates; and - the remuneration that is paid to persons who perform comparable work; and - any other matters prescribed by regulations made under section 19 for the purpose of this section. In making the assessments required by above, the parties must consider matters objectively and without assumptions based on sex (and prevailing views as to the value of work must not be assumed to be free of assumptions based on sex); and must recognise the importance of skills, responsibilities, effort, and conditions that are or have been commonly overlooked or undervalued in female-dominated work (for example, social and communication skills, taking responsibility for the well-being of others, cultural knowledge, and sensitivity).
Statistics New Zealand has published guidance on how to measure organisational gender pay gaps. Further information is available here.
National
2020, Minimum Wage Order Available, in the original version, here. It should be noticed that signalled increases in the minimum wage from 2018 to 2020 will benefit the 60 percent of minimum wage workers aged 16-64 who are women.
Collective agreements in several public sector agencies refer to the Gender Pay Principles developed by the Ministry for Women, State Services Commission, and Public Service Association. The Principles are: freedom from bias and discrimination; transparency and accessibility; relationship between paid and unpaid work; sustainability; and participation and engagement. Further information is available here.
The Action Plan to Close the Gender Pay Gap in the Public Service states that by the end of 2020 flexible work will be available for all employees, gender pay differences in the same roles will be eliminated, employment and pay practices will be free from bias, and Public Service leadership will be gender-balanced. Further information is available here.
ILO NORMLEX website ILO NATLEX website