New Zealand Legislation: Acts

4 Prescription of minimum wages

• (1) 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).