Wages Protection Act 1983

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 section 5 employment agreement section 5 financial institution section 2 Banking (Prudential Supervision) Act 1989 local authority Local Government Act 2002 money specified cheque wages worker section 6 1964 No 58 ss 2, 4(4), 6(3) Section 2 employer replaced 1 April 2016 section 4 Wages Protection Amendment Act 2016 Section 2 employment agreement inserted 1 April 2016 section 4 Wages Protection Amendment Act 2016 Section 2 financial institution amended 1 July 2022 section 300(1) Reserve Bank of New Zealand Act 2021 Section 2 local authority substituted 1 July 2003 section 262 Local Government Act 2002 Section 2 worker substituted 2 October 2000 section 240 Employment Relations Act 2000
2A: Provisions affecting application of amendments to this Act
The Schedule Section 2A inserted 1 April 2016 section 5 Wages Protection Amendment Act 2016
3: Act to bind the Crown
This Act shall bind the Crown. 1964 No 58 s 3
4: No deductions from wages except in accordance with Act
Subject to sections 5(1) 6(2) 1964 No 58 s 4(1)
5: Deductions with worker's consent
1: An employer may, for a lawful purpose, make deductions from wages payable to a worker—
a: with the written consent of the worker (including consent in a general deductions clause in the worker’s employment agreement); or
b: on the written request of the worker.
1A: An employer must not make a specific deduction in accordance with a general deductions clause in a worker’s employment agreement without first consulting the 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. 1964 No 58 ss 7(1), 9 Section 5(1) replaced 1 April 2016 section 6(1) Wages Protection Amendment Act 2016 Section 5(1A) inserted 1 April 2016 section 6(2) Wages Protection Amendment Act 2016
5A: Unreasonable deductions
An employer must not make a deduction under section 5 Section 5A inserted 1 April 2016 section 7 Wages Protection Amendment Act 2016
6: Employer may recover overpayments in certain circumstances
1: In this section,— next pay day overpayment recoverable period
a: been absent from work without that employer's authority; or
b: been on strike (within the meaning of section 81
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
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
ba:
c: in the case of any other overpayment, 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.
5: Section 6(1) recoverable period amended 12 December 2018 section 50(2) Employment Relations Amendment Act 2018 Section 6(1) recoverable period substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 6(2) substituted 15 May 1991 Wages Protection Amendment Act 1991 Section 6(2) amended 2 October 2000 section 240 Employment Relations Act 2000 Section 6(3)﻿(ba) repealed 12 December 2018 section 50(3) Employment Relations Amendment Act 2018 Section 6(3)﻿(c) amended 6 March 2015 section 78 Employment Relations Amendment Act 2014 Section 6(5) repealed 12 December 2018 section 50(3) Employment Relations Amendment Act 2018
7: Wages to be payable in money
Subject to sections 8 to 10 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. 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 lodgement 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). 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. 1964 No 58 s 6(4)
11: Recovery of wages
1: Subject to subsections (2) and (3), a worker, or a Labour Inspector on behalf of a worker, may recover the Employment Relations Authority, established by the Employment Relations Act 2000
a: any deduction made (otherwise than pursuant to section 6
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
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. 1964 No 58 ss 4(2), 7(2), 8 Section 11 heading replaced 1 April 2016 section 8(1) Wages Protection Amendment Act 2016 Section 11(1) amended 1 April 2016 section 8(2) Wages Protection Amendment Act 2016 Section 11(1) amended 2 October 2000 section 240 Employment Relations Act 2000
11A: Proceedings by Labour Inspector or worker to recover arrears of wages from person involved in failure to comply
1: A Labour Inspector or a worker may recover from a person who is not the worker’s employer any arrears of wages that the worker is entitled to if—
a: the worker is entitled to the wages under this Act; and
b: the wages are unpaid due to non-compliance with this Act; and
c: the person from whom the wages are sought to be recovered is a person involved in the non-compliance.
2: However, unpaid wages may be recovered under subsection (1) only,—
a: in the case of recovery by a worker, with the prior leave of the Authority or court; and
b: to the extent that the worker’s employer is unable to pay the wages.
3: A Labour Inspector, worker, or person concerned may recover from a person involved in non-compliance with section 12A
4: However, a premium may be recovered under subsection (3) only,—
a: in the case of recovery by a worker or person concerned, with the prior leave of the Authority or court; and
b: to the extent that the employer concerned is unable to pay the premium.
5: For the purposes of subsections (1) and (3), a person is involved in the non-compliance section 142W Section 11A inserted 1 April 2016 section 9 Wages Protection Amendment Act 2016
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. 1964 No 58 s 5
12A: No premium to be charged for employment
1: No employer or person engaged on behalf of the employer
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 section 223
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 1 April 1993 section 62(2) Health and Safety in Employment Act 1992 Section 12A(1) amended 1 April 2016 section 10 Wages Protection Amendment Act 2016 Section 12A(2) amended 2 October 2000 section 240 Employment Relations Act 2000
13: Penalties
1: 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 , and every person involved in the contravention or failure, the Employment Relations Act 2000
2: A worker or a Labour Inspector may recover a penalty under subsection (1), but the worker may recover a penalty only in relation to the employer.
3: For the purposes of subsection (1), a person is involved in the contravention or failure if the person would be treated as a person involved in a breach within the meaning of section 142W Section 13 substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 13(1) amended 1 April 2016 section 11(1)﻿(a) Wages Protection Amendment Act 2016 Section 13(1) amended 1 April 2016 section 11(1)﻿(b) Wages Protection Amendment Act 2016 Section 13(1) amended 1 April 2016 section 11(1)﻿(c) Wages Protection Amendment Act 2016 Section 13(2) inserted 1 April 2016 section 11(2) Wages Protection Amendment Act 2016 Section 13(3) inserted 1 April 2016 section 11(2) Wages Protection Amendment Act 2016
14: Employer may have actual offender charged
Section 14 repealed 15 May 1991 Wages Protection Amendment Act 1991
15: Act subject to other enactments
Subject to sections 6(2) 16 1964 No 58 s 11
16: Provisions in collective agreements
Subject to section 6(2)
a: any provision of any collective agreement within the meaning of the Employment Relations Act 2000
b: any provision of any order of the Employment Court or the Employment Relations Authority established by the Employment Relations Act 2000 Section 16 substituted 2 October 2000 section 240 Employment Relations Act 2000
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. 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: 1964 No 58 s 12 Section 18(2) repealed 16 October 1989 section 2(2) Labour Department Act Repeal Act 1989
19: Consequential repeals
The Wages Protection Act 1964 Wages Protection Amendment Act 1983