This Act may be cited as the Minimum Wage Act 1983.
(2)
This Act shall come into force on a date to be appointed by the Governor-General by Order in Council.
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Interpretation
In this Act, unless the context otherwise requires,—
Employer means a person employing any worker or workers; and includes a person engaging or employing a homeworker
Employment Relations Authority means the Employment Relations Authority established under the Employment Relations Act 2000
Homeworker has the meaning given to it by section 5 of the Employment Relations Act 2000
Labour Inspector means a Labour Inspector designated under section 223 of the Employment Relations Act 2000
Worker has the same meaning as that given to the term employee by section 6 of the Employment Relations Act 2000.
Section 2 was substituted, as from 1 August 1987, by section 2 Minimum Wage Amendment Act 1987 (1987 No 83).
Employment Tribunal: this definition in the previous section 2 was inserted, as from 15 May 1991, by section 2(1) Minimum Wage Amendment Act 1991 (1991 No 27).
Inspector: this definition in the previous section 2 was repealed, as from 15 May 1991, and the definition of Labour Inspector inserted, as from 15 May 1991, by section 2(2) Minimum Wage Amendment Act 1991 (1991 No 27).
Section 2 was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
The Governor-General may, by Order in Council, prescribe the minimum rate of wages payable to—
(a)
workers—
(i)
who are 16 years of age or older; and
(ii)
to whom neither paragraph (b) nor (c) applies:
(b)
workers who are new entrants, being workers who are 16 or 17 years of age except workers—
(i)
who have completed 3 months or 200 hours of employment, whichever is the shorter; or
(ii)
who are supervising or training other workers; or
(iii)
to whom paragraph (c) applies:
(c)
1 or more classes of workers—
(i)
defined in the order; and
(ii)
who are employed under contracts of service under which they are required to undergo training, instruction, or examination for the purpose of becoming qualified for the occupation to which their contract of service relates.
(2)
A minimum rate of wages prescribed under subsection (1) may be prescribed as—
(a)
a monetary amount; or
(b)
a percentage of any other minimum rate prescribed under subsection (1).
(3)
However, a minimum rate prescribed for the purposes of subsection (1)(b) must not be less than 80% of any rate prescribed for the purposes of subsection (1)(a).
(4)
In subsection (1)(b)(i), employment—
(a)
includes employment undertaken with more than 1 employer; and
(b)
includes any employment undertaken before the commencement of the Minimum Wage (New Entrants) Amendment Act 2007; but
(c)
does not include any employment undertaken before a new entrant turns 16 years of age.
Compare: 1945 No 44 s 2(2); 1952 No 18 s 2(1)
Section 4(1): substituted, on 1 April 2008, by section 5 of the Minimum Wage (New Entrants) Amendment Act 2007 (2007 No 37).
Subsection (1) was substituted, as from 17 June 2003, by section 3 Minimum Wage Amendment Act 2003 (2003 No 24).
Section 4(2): substituted, on 1 April 2008, by section 5 of the Minimum Wage (New Entrants) Amendment Act 2007 (2007 No 37).
Section 4(3): added, on 1 April 2008, by section 5 of the Minimum Wage (New Entrants) Amendment Act 2007 (2007 No 37).
Section 4(4): added, on 1 April 2008, by section 5 of the Minimum Wage (New Entrants) Amendment Act 2007 (2007 No 37).
5-
Annual review of minimum wages
(1)
The Minister of Labour shall, in each year ending on the 31st day of December, review any minimum rate prescribed pursuant to section 4 of this Act.
(2)
Following a review under subsection (1) of this section, the Minister may, whether in that year or subsequently, make recommendations to the Governor-General regarding the adjustments that should be made to that minimum rate.
Section 5 was substituted, as from 1 August 1987, by section 3 Minimum Wage Amendment Act 1987 (1987 No 83).
Notwithstanding anything to the contrary in any enactment, award, collective agreement, determination, or contract of service, but subject to sections 7 to 9 of this Act, every worker who belongs to a class of workers in respect of whom a minimum rate of wages has been prescribed under this Act, shall be entitled to receive from his employer payment for his work at not less than that minimum rate.
Compare: 1945 No 44 s 2(1); 1970 No 137 s 6; 1974 No 137 s 2
7-
Deductions for board or lodging or time lost
(1)
In any case where a worker is provided with board or lodging by his employer, the deduction in respect thereof by the employer shall not exceed such amount as will reduce the worker's wage calculated at the appropriate minimum rate by more than the cash value thereof as fixed by or under any Act, determination, or agreement relating to the worker's employment, or, if it is not so fixed, the deduction in respect thereof by the employer shall not exceed such amount as will reduce the worker's wages (as so calculated) by more than 15 percent for board or by more than 5 percent for lodging.
(2)
No deduction in respect of time lost by any worker shall be made from the wages payable to the worker under this Act except for time lost—
(a)
By reason of the default of the worker; or
(b)
By reason of the worker's illness or of any accident suffered by the worker.
Compare: 1945 No 44 s 2(4), (5); 1974 No 106 s 3
Subsection (1) was amended by section 3 Minimum Wage Amendment Act 1991 (1991 No 27) by omitting “award, collective agreement,”.
8-
Minimum wage exemption permit
(1)
A Labour Inspector may issue a minimum wage exemption permit to a worker if the Inspector is satisfied that—
(a)
the worker is significantly and demonstrably limited by a disability in carrying out the requirements of his or her work; and
(b)
any reasonable accommodations that could have been made to facilitate carrying out the requirements of the work have been considered by the employer and the worker; and
(c)
it is reasonable and appropriate to grant the permit.
(2)
To avoid doubt, nothing in subsection (1)(b) limits or affects any legal obligations that the employer has towards a worker.
(3)
A permit—
(a)
comes into force on the date it is issued or any other date as stated in the permit; and
(b)
remains in force for the period stated in the permit.
(4)
While a permit remains in force, the rate of wages stated in the permit is taken to be the minimum rate of wages prescribed under this Act for the worker.
(5)
A Labour Inspector may revoke a permit at any time if the Inspector considers it is no longer reasonable and appropriate for the permit to remain in force.
(6)
in this section, disability has the same meaning as in section 21(1)(h) of the Human Rights Act 1993.
Subsection (1) was amended, as from 1 August 1987, by section 4 Minimum Wage Amendment Act 1987 (1987 No 83) by omitting “of Awards”.
Subsection (1) was amended, as from 15 May 1991, by section 4(1) Minimum Wage Amendment Act 1991 (1991 No 27) by substituting “a Labour Inspector” and “the Labour Inspector” for “an Inspector” and “the Inspector”, respectively.
Subsection (3) was repealed, as from 15 May 1991, by section 4(2) Minimum Wage Amendment Act 1991 (1991 No 27).
Section 8 was substituted, as from 28 March 2007, by section 4 Minimum Wage Amendment Act 2007 (2007 No 12). See section 6 of that Act as to the transitional provision for under-rate workers' permits.
8A
Wages and time records
(1)
Every employer who employs any worker whose wages or rates of wages are prescribed or paid pursuant to this Act shall keep a record (called the wages and time record) showing, in the case of each such worker,—
(a)
The name of the worker:
(b)
The worker's age, if under 20 years of age:
(c)
The worker's postal address:
(d)
The kind of work on which the worker is usually employed:
(e)
The contract of service under which the worker is employed:
(f)
The classification or designation of the worker according to which the worker is paid:
(g)
The hours between which the worker is employed on each day, and the days of the worker's employment during each week:
(h)
The wages paid to the worker each week and the method of calculation:
(i)
Such other particulars as are prescribed.
(2)
Every employer shall, upon request made at any reasonable time by a Labour Inspector, produce forthwith for inspection by that Labour Inspector every wages and time record that is, or at any time during the preceding 6 years was, in use under this Act in respect of any worker employed by that employer at any time in those 6 years.
(3)
Where an employer keeps a wages and time record in accordance with the Employment Relations Act 2000, the employer is not required to keep a wages and time record under this Act in respect of the same matters.
Section 8A was inserted, as from 1 August 1987, by section 5 Minimum Wage Amendment Act 1987 (1987 No 83).
Subsection (1)(e) and (f) were substituted, as from 15 May 1991, by section 5(1) Minimum Wage Amendment Act 1991 (1991 No 27).
Subsection (2) was amended, as from 15 May 1991, by section 5(2) Minimum Wage Amendment Act 1991 (1991 No 27) by substituting the words “a Labour Inspector” and “that Labour Inspector” for the words “an Inspector” and “that Inspector” respectively.
Subsection (3): the Labour Relations Act 1987 was repealed, as from 15 May 1991, by section 174 Employment Contracts Act 1991 (1991 No 22).
Subsection (3) was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
8B
[Repealed]
Sections 8B-8D were inserted, as from 1 August 1987, by section 5 Minimum Wage Amendment Act 1987 (1987 No 83).
Sections 8B and 8D were repealed, as from 15 May 1991, by section 6 Minimum Wage Amendment Act 1991 (1991 No 27).
8C
[Repealed]
Sections 8B-8D were inserted, as from 1 August 1987, by section 5 Minimum Wage Amendment Act 1987 (1987 No 83).
Section 8C was repealed, as from 31 August 1990, by section 3 Minimum Wage Amendment Act 1990 (1990 No 113).
8D
[Repealed]
Sections 8B-8D were inserted, as from 1 August 1987, by section 5 Minimum Wage Amendment Act 1987 (1987 No 83).
Sections 8B and 8D were repealed, as from 15 May 1991, by section 6 Minimum Wage Amendment Act 1991 (1991 No 27).
Apprentices under apprenticeship contracts (within the meaning of section 2 of the Industry Training Act 1992):
(b)
Apprentices bound by an indenture of apprenticeship entered into under the Maori Housing Amendment Act 1938, the New Zealand Railways Corporation Act 1981, the Defence Act 1990, the Post Office Act 1959, or the State Sector Act 1988, or under any other Act:
(c)
[Repealed]
(d)
Inmates of any charitable institution (not being persons residing on the premises by reason only of their being employed therein) who, as such inmates, do any work in or in connection with the institution.
Compare: 1945 No 44 s 3; 1946 No 40 s 55; 1968 No 94 s 2; 1970 No 137 s 6
Paragraph (a) was substituted, as from 1 July 1992, by section 19 Industry Training Act 1992.
Paragraph (b): the Defence Act 1971 and the Post Office Act 1959 referred to in paragraph (b) were repealed, as from 1 April 1990, by section 105(2) Defence Act 1990 (1990 No 28), and, as from 1 January 1988, by section 2(1) Post Office Act Repeal Act 1987 (1987 No 115) respectively. The reference to the “State Sector Act 1988” replaced an earlier reference to the “State Services Act 1962”, as from 1 April 1988, pursuant to section 90(a) State Sector Act 1988 (1988 No 20).
Paragraph (c) was repealed, as from 17 June 2003, by section 4 Minimum Wage Amendment Act 2003 (2003 No 24).
The Defence Act 1971 (1971 No 52) was substituted, as from 1 April 1990, by section 105(2) Defence Act 1990 (1990 No 28).
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Penalties and jurisdiction
Every person who makes default in the full payment of any wages payable by that person under this Act and every person who fails to otherwise comply with the requirements of this Act is liable to a penalty recoverable by a Labour Inspector, and imposed by the Employment Relations Authority, under the Employment Relations Act 2000.
Section 10 was substituted, as from 1 August 1987, by section 6 Minimum Wage Amendment Act 1987 (1987 No 83).
Section 10 was substituted, as from 15 May 1991, by section 7(1) Minimum Wage Amendment Act 1991 (1991 No 27). See also section 7(2) of that Act.
Section 10 was substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
11-
Recovery of wages
Without affecting any other remedies for the recovery of wages or other money payable by an employer to any worker whose wages are prescribed under this Act, where there has been any default in payment of any such wages or other money or where any payment of any such wages or other money has been made at a rate lower than that prescribed under this Act or otherwise legally payable to the worker, the whole or any part, as the case may require, of any such wages or other money may be recovered by the worker or by a Labour Inspector to the use of the worker by action commenced in the Employment Relations Authority in the same manner as an action under section 131 of the Employment Relations Act 2000, notwithstanding the acceptance by the worker of any payment at a lower rate or any express or implied agreement to the contrary, and subsection (2) of that section shall apply accordingly.
Section 11 was substituted, as from 1 August 1987, by section 7 Minimum Wage Amendment Act 1987 (1987 No 83).
Section 11 was substituted, as from 15 May 1991, by section 8(1) Minimum Wage Amendment Act 1991 (1991 No 27). See also section 8(2) of that Act.
Section 11 was amended, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24) by substituting the words “Employment Relations Authority in the same manner as an action under section 131 of the Employment Relations Act 2000” for the words “Employment Tribunal in the same manner as an action under section 48 of the Employment Contracts Act 1991”.
11A
Compliance order
Sections 131 and 138 of the Employment Relations Act 2000 apply to the non-observance or non-compliance with any provision of, or requirement given under, this Act as if it were a provision of, or requirement given under, Parts 5 to 9 of the Employment Relations Act 2000, and proceedings under that Act may be commenced by the worker or employer affected by the non-observance or non-compliance.
Section 11A was inserted, as from 1 August 1987, by section 8 Minimum Wage Amendment Act 1987 (1987 No 83).
Section 11A was substituted, as from 15 May 1991, by section 9 Minimum Wage Amendment Act 1991 (1991 No 27).
Sections 11A and 11B were substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
11B
40-hour 5-day week
(1)
Subject to subsections (2) and (3), every employment agreement under the Employment Relations Act 2000 must fix at not more than 40 the maximum number of hours (exclusive of overtime) to be worked in any week by any worker bound by that employment agreement.
(2)
The maximum number of hours (exclusive of overtime) fixed by an employment agreement to be worked by any worker in any week may be fixed at a number greater than 40 if the parties to the agreement agree.
(3)
Where the maximum number of hours (exclusive of overtime) fixed by an employment agreement to be worked by any worker in any week is not more than 40, the parties to the agreement must endeavour to fix the daily working hours so that those hours are worked on not more than 5 days of the week.
Section 11B was inserted, as from 15 May 1991, by section 10 Minimum Wage Amendment Act 1991 (1991 No 27).
Sections 11A and 11B were substituted, as from 2 October 2000, by section 240 Employment Relations Act 2000 (2000 No 24).
12-
Regulations
The Governor-General may from time to time, by Order in Council, make all such regulations as may, in his opinion, be necessary or expedient for giving full effect to the provisions of this Act and for the due administration thereof.
