Wages Protection Act 1983

Reprint
as at 1 July 2003

Coat of Arms of New Zealand

Wages Protection Act 1983

Public Act1983 No 143
Date of assent16 December 1983
Commencementsee section 1(2)
Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Labour.

An Act to consolidate and amend the law relating to the payment of wages and salaries

1 Short Title and commencement

  • (1) This Act may be cited as the Wages Protection Act 1983.

    (2) This Act shall come into force on 1 February 1984.

2 Interpretation

  • In this Act, unless the context otherwise requires,—

    employer means a person employing any worker or workers; and includes any manager, foreman, clerk, agent, or other person engaged on behalf of that person in the hiring, employment, or supervision of the service or work of any worker

    financial institution means a financial institution within the meaning of section 2 of the Reserve Bank of New Zealand Act 1989; and includes the Post Office Savings Bank and the Reserve Bank of New Zealand

    local authority means a local authority within the meaning of the Local Government Act 2002

    money, in relation to any wages, means any New Zealand coin or New Zealand banknotes, or combination of both, the tender of which in respect of the payment of those wages is legal tender

    specified cheque, in relation to the payment of wages to any worker, means a cheque payable to, or to the order of, that worker

    wages means salary or wages; and includes time and piece wages, and overtime, bonus, or other special payments agreed to be paid to a worker for the performance of service or work; and also includes any part of any wages

    worker has the same meaning as that given to the term employee by section 6 of the Employment Relations Act 2000; and, in relation to any employer, means a worker employed by that employer.

    Compare: 1964 No 58 ss 2, 4(4), 6(3)

    Section 2 financial institution: amended, on 1 February 1990, pursuant to section 186(1) of the Reserve Bank of New Zealand Act 1989 (1989 No 157).

    Section 2 local authority: substituted, on 1 July 2003, by section 262 of the Local Government Act 2002 (2002 No 84).

    Section 2 worker: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

3 Act to bind the Crown

  • This Act shall bind the Crown.

    Compare: 1964 No 58 s 3

4 No deductions from wages except in accordance with Act

  • Subject to sections 5(1) and 6(2), an employer shall, when any wages become payable to a worker, pay the entire amount of those wages to that worker without deduction.

    Compare: 1964 No 58 s 4(1)

5 Deductions with worker's consent

  • (1) An employer may, for any lawful purpose,—

    • (a) with the written consent of a worker; or

    • (b) on the written request of a worker—

    make deductions from wages payable to that worker.

    (2) A worker may vary or withdraw a consent given or request made by that worker for the making of deductions from that worker's wages, by giving the employer written notice to that effect; and in that case, that employer shall—

    • (a) within 2 weeks of receiving that notice, if practicable; and

    • (b) as soon as is practicable, in every other case,—

    cease making or vary, as the case requires, the deductions concerned.

    Compare: 1964 No 58 ss 7(1), 9

6 Employer may recover overpayments in certain circumstances

  • (1) In this section,—

    next pay day, in relation to any overpayment, means the day next following the day on which that overpayment was made upon which the worker to whom it was made would, in the normal course of events, be paid

    overpayment means any wages paid to a worker in respect of a recoverable period

    recoverable period, in respect of any employer and any worker, means a period in respect of which that employer is not required by law to pay any wages to that worker, by virtue of that worker's having—

    • (a) been absent from work without that employer's authority; or

    • (b) been on strike (within the meaning of section 81 of the Employment Relations Act 2000); or

    • (c) been locked out (within the meaning of that subsection); or

    • (d) been suspended.

    (2) Notwithstanding anything to the contrary in any collective agreement within the meaning of the Employment Relations Act 2000 but subject to subsection (3), an employer who has made an overpayment to any worker may recover the amount of that overpayment from any wages to the payment of which by that employer that worker subsequently becomes entitled.

    (3) No employer shall recover an overpayment under subsection (2) unless—

    • (a) by virtue of the methods or equipment normally used by that employer in arranging the payment of, or paying, wages to the worker concerned, it was not reasonably practicable for that employer to avoid making that overpayment; and

    • (b) before recovering that overpayment, that employer gives that worker notice of that employer's intention to recover it; and

    • (c) that notice is given—

      • (i) not later than 10 days after the next pay day, in the case of a worker who has no fixed workplace:

      • (ii) not later than the first day upon which that worker attends that worker's workplace after the next pay day during normal working hours, in the case of a worker with one fixed workplace who did not attend that workplace during normal working hours on the next pay day:

      • (iii) not later than the first day upon which that worker attends one of that worker's workplaces after the next pay day during normal working hours, in the case of a worker with 2 or more fixed workplaces who did not attend any of them during normal working hours on the next pay day:

      • (iv) not later than the next pay day, in every other case; and

    • (d) that overpayment is recovered not later than 2 months after that notice is given.

    (4) The validity of a notice purportedly given under subsection (3)(b) shall not be affected by the fact that—

    • (a) it does not specify the amount of the overpayment concerned but specifies only the day on which that overpayment was made and the actions that led to its being an overpayment:

    • (b) it is one of a number of identical notices given to a group of workers to only some of whom an overpayment has been made, and provides that it applies to the worker to whom it has been given only if an overpayment has been made to that worker.

    Section 6(1) recoverable period paragraph (b): substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

    Section 6(2): substituted, on 15 May 1991, by section 2(2) of the Wages Protection Amendment Act 1991 (1991 No 33).

    Section 6(2): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

7 Wages to be payable in money

  • Subject to sections 8 to 10, an employer shall pay the wages of every worker in money only.

    Compare: 1964 No 58 s 4(1)

8 Workers employed by the Crown or local authorities

  • The Crown, or a local authority, may pay to a worker by specified cheque any wages that have become payable to that worker.

    Compare: 1964 No 58 s 4(3)

9 Agreement as to manner of payment of wages

  • (1) An employer may,—

    • (a) with the written consent of a worker; or

    • (b) on the written request of a worker,—

    pay to that worker by postal order, money order, specified cheque, or lodgment at a financial institution to the credit of an account standing in the name of that worker or in the name of that worker and some other person or persons jointly, any wages that have become payable to that worker.

    (2) A worker may vary or withdraw a consent given or request made by that worker under subsection (1) by giving the employer written notice to that effect; and in that case, that employer shall—

    • (a) within 2 weeks of receiving that notice, if practicable; and

    • (b) as soon as is practicable, in every other case,—

    commence paying that worker in money, or in some other manner in accordance with subsection (1).

    Compare: 1964 No 58 ss 6, 9

10 Payment where worker absent

  • Where any wages become payable to a worker who is for the time being absent from the proper or usual place for their payment, that worker's employer may pay them to that worker by postal order, money order, or specified cheque.

    Compare: 1964 No 58 s 6(4)

11 Worker may recover wages

  • (1) Subject to subsections (2) and (3), a worker may recover from that worker's employer, by action in the Employment Relations Authority, established by the Employment Relations Act 2000, in the prescribed manner,—

    • (a) any deduction made (otherwise than pursuant to section 6) by that employer from wages that have been paid, or but for that deduction would have been paid, by that employer to that worker, if—

      • (i) that deduction was not consented to, or requested by, that worker in writing; or

      • (ii) the making of that deduction was consented to, or requested by, that worker in writing; but the consent or request concerned was obtained by threat of dismissal, or otherwise by duress:

    • (b) an amount equal to any wages required by section 7 to be paid to that worker in money, if that employer paid those wages to that worker otherwise than in money.

    (2) No action under subsection (1) shall be brought after the expiration of 6 years from the date on which the cause of action concerned arose.

    (3) No such action shall be brought in respect of any cause of action that arose more than 2 years before the commencement of this Act.

    Compare: 1964 No 58 ss 4(2), 7(2), 8

    Section 11(1): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

12 Employer not to stipulate as to mode of spending wages

  • No employer shall impose any requirement on any worker as to any place or manner in which or any person with whom that worker shall expend wages received by that worker, or dismiss any worker on account of any place or manner in which or any person with whom that worker expends those wages.

    Compare: 1964 No 58 s 5

12A No premium to be charged for employment

  • (1) No employer shall seek or receive any premium in respect of the employment of any person, whether the premium is sought or received from the person employed or proposed to be employed or from any other person.

    (2) Where an employer receives any amount of money in contravention of subsection (1), whether by way of deduction from wages or otherwise, then, irrespective of any penalty to which the employer thereby becomes liable, the person by whom the money was paid or, as the case may be, from whose wages it was deducted, may recover that amount from the employer as a debt due to the person; and civil proceedings for the recovery of the amount may be instituted in the Employment Relations Authority by the person or, notwithstanding any disability to which the person is subject, by a Labour Inspector designated under section 223 of the Employment Relations Act 2000 on behalf of the person.

    (3) Any such proceedings instituted by any Labour Inspector may be continued or conducted by the same or any other Labour Inspector.

    Section 12A: inserted, on 1 April 1993, by section 62(2) of the Health and Safety in Employment Act 1992 (1992 No 96).

    Section 12A(2): amended, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

13 Penalties

  • Where—

    • (a) any payment is made by or on behalf of any employer in contravention of this Act; or

    • (b) any employer or any person on that employer's behalf contravenes or fails to comply with any of the provisions of this Act,—

    that employer is liable, at the suit of the worker or of a Labour Inspector designated under section 223 of the Employment Relations Act 2000, to a penalty imposed under that Act by the Employment Relations Authority.

    Section 13: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

14 Employer may have actual offender charged

  • [Repealed]

    Section 14: repealed, on 15 May 1991, by section 4 of the Wages Protection Amendment Act 1991 (1991 No 33).

15 Act subject to other enactments

  • Subject to sections 6(2) and 16, this Act shall be read subject to the provisions of any other Act.

    Compare: 1964 No 58 s 11

16 Provisions in collective agreements

  • Subject to section 6(2), nothing in this Act derogates from or makes it unlawful to comply with—

    Section 16: substituted, on 2 October 2000, by section 240 of the Employment Relations Act 2000 (2000 No 24).

17 Saving

  • Any contract for the payment of wages by cheque, draft, or order in writing for the payment of money to the bearer on demand drawn on any bank, made before 17 November 1964 shall continue to have effect according to its tenor notwithstanding the provisions of this Act.

    Compare: 1964 No 58 s 6(5)

18 Act to be administered in Department of Labour

  • (1) This Act shall be administered in the Department of Labour.

    (2) [Repealed]

    Compare: 1964 No 58 s 12

    Section 18(2): repealed, on 16 October 1989, by section 2(2) of the Labour Department Act Repeal Act 1989 (1989 No 82).

19 Consequential repeals

  • The Wages Protection Act 1964 and the Wages Protection Amendment Act 1983 are hereby consequentially repealed.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Wages Protection Act 1983. The reprint incorporates all the amendments to the Act as at 1 July 2003, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Local Government Act 2002 (2002 No 84): section 262

    Employment Relations Act 2000 (2000 No 24): section 240

    Health and Safety in Employment Act 1992 (1992 No 96): section 62(2)

    Wages Protection Amendment Act 1991 (1991 No 33)

    Reserve Bank of New Zealand Act 1989 (1989 No 157): section 186(1)

    Labour Department Act Repeal Act 1989 (1989 No 82): section 2(2)