Questioning Government’s decision to introduce and pass the Equal Pay Amendment Bill under urgency, without the ordinary select committee process.

On May 13, 2026 at 9:58 AM, <Ministerials> wrote:

 

Kia ora Tracy Lynch,

 

On behalf of the Ministry of Business, Innovation and Employment I acknowledge your email of 12/05/2026 requesting, under the Official Information Act 1982, the following:

 

I write to request information under the Official Information Act 1982 concerning the Government’s decision to introduce and pass the Equal Pay Amendment Bill under urgency, without the ordinary select committee process.

This request is made because the Bill involved significant changes to the pay equity regime, including changes affecting existing and future pay equity claims, and was passed without the usual public consultation, select committee scrutiny, or ordinary law-making timetable.

Please provide the following information.

1. Advice justifying the use of urgency

Please provide all documents, briefings, aide-mémoires, memoranda, Cabinet papers, Cabinet committee papers, emails, talking points, legal advice, policy advice, or other records that explain, recommend, approve, or justify the use of urgency for the Equal Pay Amendment Bill.

This includes any advice addressing:

a. why urgency was considered necessary; 

b. whether the matter was considered an emergency or genuine urgent legislative need; 

c. whether alternative legislative pathways were considered; 

d. whether a select committee process was considered; 

e. whether a shortened select committee process was considered; 

f. whether public consultation was considered; 

g. why the Bill was required to pass through all stages without the ordinary scrutiny process.

2. Absence of select committee process

Please provide all information held concerning the decision not to refer the Bill to a select committee.

This includes any assessment of:

a. the constitutional implications of avoiding select committee scrutiny; 

b. the effect on affected workers, unions, employers, claimants, or other interested parties; 

c. whether affected parties should have been given an opportunity to be heard; 

d. whether natural justice, procedural fairness, or public participation concerns were identified; 

e. whether the absence of public submissions created legal, constitutional, reputational, or policy risk.

3. Regulatory Impact Statement / impact analysis

Please provide:

a. any Regulatory Impact Statement prepared for the Bill; 

b. any Supplementary Analysis Report; 

c. any Regulatory Impact Analysis panel assessment; 

d. any advice explaining why a Regulatory Impact Statement was not prepared, if none was prepared before introduction; 

e. any advice from Treasury, MBIE, DPMC, Cabinet Office, or any other agency concerning regulatory impact requirements for this Bill.

If no Regulatory Impact Statement was prepared before introduction, please identify:

a. who made that decision; 

b. the date of that decision; 

c. the reasons for that decision; 

d. what exemption, waiver, or exception was relied upon; 

e. what documents record that decision.

4. Existing pay equity claims

Please provide all advice, analysis, briefings, summaries, tables, or internal records identifying or assessing existing pay equity claims affected by the Bill.

This includes information on:

a. the number of existing claims affected; 

b. the sectors affected; 

c. the number or estimated number of workers affected; 

d. whether any claims would be discontinued, delayed, reset, extinguished, or materially altered; 

e. the financial implications for the Crown, public sector employers, funded providers, private employers, or affected workers; 

f. any assessment of whether urgency was used to prevent or limit the filing of claims before the law changed.

5. Ministerial statements about drawing a “line in the sand”

Please provide all records, talking points, advice, drafts, communications, or briefing material relating to the Minister’s public explanation that urgency was used to draw a “clear line in the sand” and to avoid multiple systems or a rush of claims before the law changed.

This includes any material considering:

a. whether claimants might file claims before the Bill passed; 

b. whether urgency was used to prevent additional claims being filed; 

c. whether that was considered a proper basis for urgency; 

d. whether legal, constitutional, or procedural fairness risks were identified.

6. Cabinet and ministerial decision-making

Please provide all Cabinet, Cabinet committee, ministerial, or inter-agency records concerning the development, approval, and passage of the Equal Pay Amendment Bill.

This includes:

a. Cabinet papers; 

b. Cabinet minutes; 

c. Cabinet committee papers; 

d. Cabinet committee minutes; 

e. Ministerial briefings; 

f. aide-mémoires; 

g. departmental reports; 

h. Ministerial consultation documents; 

i. inter-agency consultation records; 

j. records of decisions authorising introduction and passage under urgency.

7. Legal advice and rights analysis

Please provide all advice, assessments, memoranda, or briefings considering whether the Bill was consistent with:

a. the New Zealand Bill of Rights Act 1990; 

b. the Human Rights Act 1993; 

c. the Equal Pay Act 1972; 

d. natural justice and procedural fairness principles; 

e. New Zealand’s international obligations concerning equality, non-discrimination, and equal pay; 

f. ILO Convention 100; 

g. CEDAW; 

h. any other relevant domestic or international legal obligations.

If any legal advice is withheld, please provide the title, date, author, recipient, and general subject matter of each withheld document, together with the specific withholding ground relied upon.

8. Consultation or absence of consultation

Please provide all records identifying what consultation, if any, occurred before the Bill was introduced.

This includes consultation or communications with:

a. unions; 

b. employer groups; 

c. public sector employers; 

d. funded service providers; 

e. women’s organisations; 

f. pay equity claimants; 

g. Human Rights Commission; 

h. Public Service Commission; 

i. Treasury; 

j. MBIE; 

k. Crown Law; 

l. DPMC; 

m. Cabinet Office.

If no consultation occurred with any of the above groups, please provide any records explaining why consultation was not undertaken.

9. Fiscal and liability implications

Please provide all information assessing the fiscal, liability, budgetary, or financial implications of the Bill.

This includes any advice estimating:

a. Crown savings; 

b. avoided liabilities; 

c. reduced future pay equity settlements; 

d. impact on Budget allowances; 

e. impact on existing settlements or negotiations; 

f. impact on funded sectors such as health, care, education, community, disability, social services, or public sector workforces.

10. Communications strategy

Please provide all communications plans, media lines, Q&A documents, press release drafts, stakeholder messaging, ministerial talking points, and risk assessments concerning the announcement and passage of the Bill.

This includes any material addressing:

a. expected public criticism; 

b. criticism about urgency; 

c. criticism about lack of select committee process; 

d. criticism from unions or affected workers; 

e. constitutional or democratic process concerns; 

f. reputational risk to the Government.

11. Scope of search

For the avoidance of doubt, this request includes information held by Ministers, ministerial offices, MBIE, Treasury, DPMC, Cabinet Office, Crown Law, and any other agency involved in the development, approval, introduction, or passage of the Bill.

If any part of this request is more closely connected to another agency or Minister, please transfer that part under section 14 of the Official Information Act 1982.

If the request is considered broad, please contact me before refusing any part of it under section 18(f). I am willing to refine scope if necessary, but I ask that any proposed refinement preserve the core request for documents concerning urgency, absence of select committee scrutiny, regulatory impact analysis, affected claims, legal advice, and fiscal implications.

12. Format

Please provide the information electronically.

If any information is withheld, please identify:

a. the document or category of document withheld; 

b. the date of the document; 

c. the author or originating agency; 

d. the specific OIA withholding ground relied upon; 

e. the reasons why that ground applies; 

f. whether partial release has been considered.

Please also confirm the searches undertaken, including which Ministers’ offices, agencies, teams, and document systems were searched.

 We will endeavour to respond to your request as soon as possible, and no later than 10/06/2026, being 20 working days after the day your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe. If you have any enquiries regarding your request feel free to contact us via email to [email protected].

 

Nāku noa, nā

Ministerial Services

Strategy and Assurance
Ministry of Business, Innovation & Employment