Five unions are taking the government to the High Court over changes to pay equity laws.
The sudden and controversial changes cancelled existing claims from mostly female-dominated jobs and made it harder for new claims to succeed. Workplace Minister Brooke van Veldengave a figure of 33 current claims that would be stopped, as the legislation was put through under urgency in May.
The Nurses Organisation, Tertiary Education Union, Educational Institute, Post-Primary Teachers’ Association, and Public Service Association argued the new rules breached the Bill of Rights Act.
“The legal challenge argues the coalition government’s legislation breaches three fundamental rights: freedom from gender-based pay discrimination, the right to natural justice, and the right to fair legal process,” the unions said in a joint statement.
“The case gives workers who have been denied their right to challenge gender-based pay discrimination a chance to challenge the government in court. If successful, a Parliamentary Select Committee must consider the declaration of inconsistency and a Parliamentary debate must occur. The government is then required to formally respond.”
The claim would be formally lodged on August 29 at the High Court in Wellington following a rally by women whose pay equity claims had been cancelled, the unions said.
A spokesperson for the office of Workplace Relations and Safety Minister Brooke van Velden told RNZ: “The Bill was considered for consistency with the Bill of Rights Act before introduction, and the Acting Attorney-General concluded the Bill appeared to be consistent with the Bill of Rights Act”.
Public Service Association national Secretary Fleur Fitzsimons said the government avoided proper scrutiny, bypassing consultation.
“We are asking the High Court to declare that the government’s actions are inconsistent with the New Zealand Bill of Rights Act 1990 because of the discrimination New Zealand women will face as a result of the government’s action,” she said.
“The government silenced women but we know the High Court will listen to our claims. This is just the start of our campaign for pay equity for New Zealand women and we will be leaving no stone unturned to achieve pay equity.
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“The decision to cancel claims that were about to be heard by the Employment Relations Authority is inconsistent with the constitutional foundations of New Zealand which do not provide for the government to interfere with the judicial system in this way.”
Educational Institute national secretary Stephanie Mills said the government did not follow a democratic process.
“The scrapping of the teachers claim without consultation and under urgency was a kick in the guts for our teacher members after years of blood, sweat and money getting the claim moving,” she said.
“We’d had five years of work on it with hundreds of interviews with members about their work, and it was a genuinely joint process with the Ministry of Education and their pay equity team.”
NZNO delegate and Plunket nurse Hannah Cook said nurses and care workers were devastated by the scrapping of their pay equity claims.
“Plunket nurses were so close to finally having our hard work recognised. Nurses and care workers are the backbone of a caring society and the coalition government needs to value us. These changes don’t just impact us. They impact our families, our livelihoods and our quality of life,” she said.
“The coalition government has shown it doesn’t value us nurses and those of us in women dominated workforces. It is 2025 for goodness sake. We shouldn’t still be paid less than those in male dominated occupations.”
PM responds
Prime Minister Christoher Luxon said pay equity programmes were still in place, but described the old system as “very broad, very loose and very unworkable”. (Source: Breakfast)
Speaking to Breakfast, Prime Minister Christopher Luxon said the previous pay equity system had become “very loose, very broad and very unworkable”.
“Essentially what’s happened is we still have pay equity legislation, we’ve just changed the criteria for that, because it had got out of whack and because it had got quite unworkable.”
“And so we encourage anyone to launch a pay equity claim, we’ve put money aside to actually service those claims. And it still exists here in New Zealand, it’s just that the programme had got very loose, very broad and very unworkable.”
Asked if the Government underestimated public pushback given that the legislation was passed under urgency without consultation, Luxon defended the move.
“The reason was that we wanted one system. We didn’t want two systems, we wanted to give people certainty and clarity. So I appreciate that, yes we moved very quickly to put one system into place, but that was very deliberate because we wanted people to have certainty and clarity going forward.”
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