Five major unions are launching a High Court challenge against the Government over its removal of pay equity rights, arguing the amended pay equity legislation violates fundamental rights and discriminates against women workers.
The New Zealand Nurses Organisation (NZNO), Public Service Association (PSA), Post Primary Teachers’ Association (PPTA), Tertiary Education Union (TEU) and New Zealand Educational Institute (NZEI) Te Riu Roa are filing proceedings in the High Court seeking a declaration that the amended Equal Pay Act 1972 is inconsistent with the New Zealand Bill of Rights Act 1990.
The legal challenge argues the 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.
In a statement, the Unions said 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 will be formally lodged on August 29 at the High Court in Wellington following a rally by women whose pay equity claims have been cancelled.
“Nurses and care workers like me are devastated by the scrapping of our 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,” said NZNO delegate and Plunket nurse, Hannah Cook.
“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.”
PSA National Secretary, Fleur Fitzsimons said the Union is 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.
“The legal action comes after the Government cancelled pay equity claims and gutted the Equal Pay Act 1972 with no prior signalling and without a select committee process. 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.
“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,” she said.
National Secretary of NZEI Te Riu Roa, Stephanie Mills said the scrapping of the teachers claim without consultation and under urgency was “a kick in the guts” for teachers.
“NZEI Te Riu Roa, along with four other unions, has agreed to take the Government to court because they have not followed a democratic process, and because the Government has sent a message to this mainly female profession that their time, expertise and work is not valued,” said Ms Mills.
“Teachers go into their profession knowing the stresses and extra hours involved because they are passionate about young people learning, but they have limits. We’re seeing more teachers looking at other options or teaching in Australia, because they feel their work is not valued in Aotearoa. Teaching is a foundational job for our society, but this Government has shamefully chosen tax cut savings over giving teachers pay equity.”
