Pacific peoples in Aotearoa New Zealand have long
called for action to address pay inequities, structural
discrimination and poor working conditions. In
the 1970s, for example, the Polynesian Panthers
called for better working conditions and equal pay
for Pacific workers.5 More recently, the Advance
Pasifika march in 2012 called for “decent jobs and
a living wage for Pacific people in New Zealand”.6
Pacific peoples have also participated in union or
other collective actions and more recently in the
Commission’s End Pay Secrecy campaign calling for
pay transparency.7
In the course of putting together our report Talanoa:
Human Rights Issues for Pacific Peoples in Aotearoa New
Zealand,8 the Commission heard directly from Pacific
peoples about their experiences in the workplace.
Published in December 2020, our Talanoa report
identified the economic disadvantage Pacific peoples
experienced. This was often linked to employment
conditions and pay disparities as significant barriers
to the realisation of their human rights.
As Aotearoa New Zealand’s national human rights
institution, the Commission has a mandate to inquire
into these inequities.
The Human Rights Commission’s mandate for this Inquiry
Under the Human Rights Act 1993, which establishes
the Human Rights Commission, discrimination in
employment is unlawful in Aotearoa New Zealand.
In addition to the Commission’s function to mediate
discrimination complaints, we also have a mandated
leadership role regarding equal employment
opportunities. This includes pay equity.
The Act establishes at section 8(1A)(b) that one of
the four Human Rights Commissioners must be
focused on the priority area of equal employment
opportunities. In addition, the Commission has
general inquiry powers under section 5(2)(h) of the
Act.
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This provides that the Commission can:
inquire generally into any matter, including
any enactment or law, or any practice, or any
procedure, whether governmental or nongovernmental, if it appears to the Commission
that the matter involves, or may involve, the
infringement of human rights.
The Equal Employment Opportunities Commissioner
has therefore chosen to exercise the Commission’s
inquiry powers to give effect to her functions
concerning pay equity – specifically the pay gap
experienced by Pacific workers. The Terms of
Reference for the Inquiry are set out in Appendix
One.
5
Anae, The Platform – The Radical Legacy of Polynesian Panthers.
6
“Pacific people stage protest march in Auckland for ‘better future’,” Pacific Scoop.
7
“Call for pay scale transparency law to ensure fair wages,” Radio New Zealand.
8
New Zealand Human Rights Commission. Talanoa: Human Rights Issues for Pacific Peoples in Aotearoa New Zealand.
Wellington: New Zealand Human Rights Commission, 2020. https://apo.org.au/sites/default/files/resource-files/2020-12/
apo-nid310600.pdf.