Minimum Wage Order (No 2) 2013

  • revoked
  • Minimum Wage Order (No 2) 2013: revoked, on 1 April 2014, by clause 7 of the Minimum Wage Order 2014 (LI 2014/58).

Reprint
as at 1 April 2014

Coat of Arms of New Zealand

Minimum Wage Order (No 2) 2013

(SR 2013/95)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 2nd day of April 2013

Present:
The Right Hon John Key presiding in Council

  • Minimum Wage Order (No 2) 2013: revoked, on 1 April 2014, by clause 7 of the Minimum Wage Order 2014 (LI 2014/58).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This order is administered by the Ministry of Business, Innovation, and Employment.

Pursuant to sections 4, 4A, and 4B of the Minimum Wage Act 1983, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Labour after complying with section 5(2) of that Act, makes the following order.

Order

1 Title

  • This order is the Minimum Wage Order (No 2) 2013.

2 Commencement

  • This order comes into force on 1 May 2013.

3 Interpretation

  • (1) In this order, unless the context otherwise requires,—

    Act means the Minimum Wage Act 1983

    adult worker—

    • (a) means a worker aged 16 years or more to whom the Act applies; but

    • (b) does not include—

      • (i) a starting-out worker; or

      • (ii) a trainee

    industry training programme means an industry training programme that leads to a qualification that is registered on the New Zealand Qualifications Framework maintained by the New Zealand Qualifications Authority pursuant to its functions under section 246A of the Education Act 1989

    specified social security benefit means the following:

    • (a) domestic purposes benefit:

    • (b) emergency benefit:

    • (c) independent youth benefit:

    • (d) invalid's benefit:

    • (da) jobseeker support:

    • (e) sickness benefit:

    • (ea) sole parent support:

    • (eb) supported living payment:

    • (f) unemployment benefit:

    • (g) widow's benefit:

    • (h) young parent payment:

    • (i) youth payment

    starting-out worker means—

    • (a) a worker aged 16 or 17 years to whom the Act applies and who—

      • (i) has not completed 6 months' continuous employment with his or her current employer; and

      • (ii) is not involved in supervising or training other workers:

    • (b) a worker aged 18 or 19 years to whom the Act applies and who—

      • (i) has been continuously paid 1 or more specified social security benefits for not less than 6 months; and

      • (ii) has not completed 6 months' continuous employment with any employer (excluding any employment undertaken before the worker started to be paid any 1 or more specified social security benefits); and

      • (iii) is not involved in supervising or training other workers:

    • (c) a worker aged 16, 17, 18, or 19 years to whom the Act applies and who—

      • (i) is required by his or her contract of service to undertake at least 40 credits a year of an industry training programme for the purpose of becoming qualified for the occupation to which the contract of service relates; and

      • (ii) is not involved in supervising or training other workers

    trainee means a worker who is aged 20 years or more to whom the Act applies and who—

    • (a) is required by his or her contract of service to undertake at least 60 credits a year of an industry training programme for the purpose of becoming qualified for the occupation to which the contract of service relates; and

    • (b) is not involved in supervising or training other workers.

    (2) Terms or expressions used and not defined in this order but defined in the Act have, in this order, the same meaning as in the Act.

    Clause 3(1) specified social security benefit paragraph (da): inserted, on 15 July 2013, by clause 4(1) of the Minimum Wage Order (No 2) Amendment Order 2013 (SR 2013/147).

    Clause 3(1) specified social security benefit paragraph (ea): inserted, on 15 July 2013, by clause 4(2) of the Minimum Wage Order (No 2) Amendment Order 2013 (SR 2013/147).

    Clause 3(1) specified social security benefit paragraph (eb): inserted, on 15 July 2013, by clause 4(2) of the Minimum Wage Order (No 2) Amendment Order 2013 (SR 2013/147).

4 Minimum adult rates

  • The following rates are the minimum rates of wages payable to an adult worker:

    • (a) for an adult worker paid by the hour or by piecework, $13.75 per hour:

    • (b) for an adult worker paid by the day,—

      • (i) $110 per day; and

      • (ii) $13.75 per hour for each hour exceeding 8 hours worked by a worker on a day:

    • (c) in all other cases,—

      • (i) $550 per week; and

      • (ii) $13.75 per hour for each hour exceeding 40 hours worked by a worker in a week.

5 Minimum starting-out rates

  • The following rates are the minimum rates of wages payable to a starting-out worker:

    • (a) for a starting-out worker paid by the hour or by piecework, $11 per hour:

    • (b) for a starting-out worker paid by the day,—

      • (i) $88 per day; and

      • (ii) $11 per hour for each hour exceeding 8 hours worked by a starting-out worker on a day:

    • (c) in all other cases,—

      • (i) $440 per week; and

      • (ii) $11 per hour for each hour exceeding 40 hours worked by a starting-out worker in a week.

6 Minimum training rates

  • The following rates are the minimum rates of wages payable to a trainee:

    • (a) for a trainee paid by the hour or by piecework, $11 per hour:

    • (b) for a trainee paid by the day,—

      • (i) $88 per day; and

      • (ii) $11 per hour for each hour exceeding 8 hours worked by a trainee on a day:

    • (c) in all other cases,—

      • (i) $440 per week; and

      • (ii) $11 per hour for each hour exceeding 40 hours worked by a trainee in a week.

7 Revocation

 Michael Webster,
for Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 4 April 2013.

Reprints notes
1 General

  • This is a reprint of the Minimum Wage Order (No 2) 2013 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes
4 Amendments incorporated in this reprint