11.8 % - compared to 9.6 % in 2012. The Commission’s Tracking Equality at Work tool found that when demographic characteristics are combined, the degree of inequality in employment for women is amplified.61 For example, Pacific and Māori women are paid a lower rate than European women. Disabled women have lower incomes than disabled men. Pacifica women are particularly over-represented in minimum wage jobs. 62 78. The State Services Commission Human Resources Capability Survey of the public sector showed that the pay gap between men and women in key leadership roles has not improved since 2010. Moreover, the pay gap for women at lower levels of the public service is 14%, the equivalent of $11,000.63 79. In 2016 all but 1 government department had gender pay gaps. Nine had pay gaps of 20% or more. The highest was 39% and the average 14%.64 80. In New Zealand’s recent UPR, 36 recommendations were made in relation to women, a number of which related to the gender pay gap. Although the government accepted these recommendations, the actions recorded in the NPA only commit to monitoring the gender pay gap, not any measurable outcomes. 81. Both the HRA and the New Zealand Bill of Rights Act recognise that to overcome discrimination, positive actions may be needed to enable particular groups to achieve equal outcomes with other groups in our society. ‘Special measures’ or ‘affirmative action’ are not discriminatory if they assist people in certain groups to achieve equality where information shows that the present position is unequal. The State Services Commission support affirmative action with regard to achieving equal employment opportunities. 82. In October 2014, the Court of Appeal issued a decision in TerraNova v Service and Food Workers Union (SFWU) on the interpretation of the Equal Pay Act 1972 (“EPA”). The Court of Appeal confirmed an earlier Employment Court decision that:  the EPA provides for equal pay for work of equal value (pay equity) meaning women should receive the same pay as men for jobs that require similar skill, effort and responsibility;  the Employment Court may look beyond the immediate employer or industry for comparators if an appropriate comparator does not exist in the immediate employer or industry; and NZ Human Rights Commission, “Tracking Equality at Work” (webtool), http://tracking-equality.hrc.co.nz/#/ Nz Human Rights Commission, “Tracking Equality at Work - pay” (webtool http://trackingequality.hrc.co.nz/#/issue/pay 63 State Services Commission, “Human Resource Capability in the New Zealand State Sector” (December 2015) http://www.ssc.govt.nz/sites/all/files/hrc-survey-2015_0.pdf 64 State Services Commission, Gender Pay Gap by Department 2008 - 2015 61 62 21