Minimum Wage Amendment Act 2007

Minimum Wage Amendment Act 2007

Public Act2007 No 12
Date of assent27 March 2007


This Act is administered by the Department of Labour.

The Parliament of New Zealand enacts as follows:

1 Title
  • This Act is the Minimum Wage Amendment Act 2007.

2 Commencement
  • This Act comes into force on the day after the date on which it receives the Royal assent.

3 Principal Act amended
4 New section 8 substituted
  • Section 8 is repealed and the following section substituted:

    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.

5 Consequential amendments and revocations
  • (1) Sections 56(1A) and 63(6) of the Employment Relations Act 2000 (2000 No 24) are consequentially amended by omitting an under-rate worker's permit and substituting in each case a minimum wage exemption permit.

    (2) The Minimum Wage Regulations 1946 (SR 1946/36) are revoked.

6 Transitional provision for under-rate workers' permits
  • An under-rate worker's permit granted under the principal Act and in force immediately before the commencement of this Act continues in force and is to be treated as if it had been issued under section 8 of the principal Act as inserted by this Act.

Legislative history

20 March 2007Divided from Disabled Persons Employment Promotion (Repeal and Related Matters) Bill (Bill 138-1) as Bill 138-2B
21 March 2007Third reading