The revival of pay equity in New Zealand: The pursuit of a social goal through law reform

Abstract

The Equal Pay Act 1972 was passed as a piece of social law reform intended to eradicate discrimination in wages between men and women. For over forty years since the passing of the Act, there has been little progress on the implementation of pay equity in New Zealand and it continues to be an important legal battleground for the achievement of gender equality in employment. The successes and failures of achieving law reform around pay equity in New Zealand indicate that the institutions responsible for the instigation and implementation of such reform are each influenced by broader socio-economic and political climates. The Equal Pay Act 1972 has long been understood to be limited to assessments of equal pay for the same work, despite apparent provision for assessments of equal pay for work of equal value in the Act. Through the use of a purposive approach, recent judicial treatment of the Equal Pay Act 1972 by the Court of Appeal has departed from previous understandings of the Act by finding it extends to assessments of equal pay for work of equal value. This paper considers how this interpretation has generated a renewed effort on the part of the Government for reform around pay equity in light of the history of the Act. It argues that in moving forward, the choice between mechanisms of law reform is not clear cut. Both strong legislation and a responsive judiciary are required to work in tandem to achieve a social goal such as pay equity.