Human Rights Commission intervention a boost for landmark pay equity legal case

The PSA welcomes the High Court confirming that the Human Rights Commission can intervene in the landmark High Court action launched by five unions challenging the Government's decision to scrap 33 pay equity claims and gut the Equal Pay Act 1972.

The Human Rights Commission is offering the Court its expertise on pay equity, given it has statutory authority to promote equal employment opportunities and to monitor New Zealand's compliance with international human rights conventions, particularly those covering discrimination against women.

"The intervention of the Human Rights Commission in this litigation is significant and welcome," said Fleur Fitzsimons, National Secretary for the Public Service Association Te Pūkenga Here Tikanga Mahi.

"The commission's statutory role is to promote equal employment opportunities including pay equity so it has a unique perspective to offer the Court.

"The Government rode roughshod over the human rights of New Zealand women when it cancelled pay equity claims and gutted the Equal Pay Act under urgency without consulting the very women impacted by this damaging decision.

"We know that the Commission with its expertise and deep knowledge of human rights will help us hold the Government to account for its outrageous actions to deprive New Zealand women of pay equity.

"We will not let the Government off the hook for its betrayal of New Zealand women.

The High Court action was launched in August by five unions - the New Zealand Nurses Organisation, the PSA, E tū, the New Zealand Educational Institute and Tertiary Education Union - seeking a declaration that the amended Equal Pay Act 1972 is inconsistent with the New Zealand Bill of Rights Act 1990.

The first stage in the litigation will take place with a 2-hour provision of discovery hearing by the High Court on 8 December 2025 at 10.00am

The unions represent more than 150,000 workers whose pay equity claims were cancelled.