95 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. 96 Both the HRA and the BORA 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. 97 In 2012 the Commission released its report Caring Counts Tautiaki tika which inquired into equal employment issues in the aged care workforce.48 The report found significant and enduring pay inequalities for aged care workers and made a series of recommendations across a number of areas, including leadership, pay, qualifications, transparency and fair travel policies. 98 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: 99  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  the Employment Court must take into account evidence of systemic undervaluation of the work in question derived from current or historic or structural gender discrimination. In response to this case the Government has established two new processes:  the Government Joint working party on equal pay principles across the whole workforce to develop a set of principles for implementation of equal pay in female dominant work forces; and  a process to negotiate a settlement for care and support workers to try and resolve the TerraNova case before it is due to return to court in March 2016. 48 http://old.hrc.co.nz/2012/05/27/caring-counts-report-says-sorting-caregivers%e2%80%99-wages-affordable-andnecessary/ Page 29 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR