
Protest in Tauranga over pay equity changes
In Red Square, Tauranga care and support worker and E Tū union member Tanya Oomen said, 'We've had enough.'
She said the Government was 'cutting women's pay without any warning, without consultation'.
'National has forced through a law change that will take money directly out of women's pockets across New Zealand.'
She said National was doing it to 'make their Budget add up' and was turning its back on the thousands of women who fought for equal pay, 'all to fund tax breaks for tobacco companies and landlords '.
Oomen described herself as a care and support worker in the disability sector, working in a house with six adults with intellectual and physical disabilities.
She said she did 24-hour shifts, only half of those hours double-staffed.
She was expected to sleep on-site, care for her charges, cook, clean, take them to activities and appointments, keep them connected to family and friends, and check their finances.
'I'm more than an arse-wiper. Much more.
'We have been fighting so hard and for so long, and all we want is a decent wage for the hard work that we do.'
New Zealand Educational Institute (NZEI) member Conor Fraser said it was 'gutting to see how quickly changes can be made to an Equal Pay Act that has been fought for for decades'.
Fraser said he was part of a pay equity settlement last March.
'I've been part of a team that went through the process of understanding what the legislation is and how you enforce it and how you correct inequities that have existed for a long period of time.
'For others to not have that opportunity, it's wild.'
Mount Maunganui Labour Party member Heidi Tidmarsh organised the protest, led by Labour Party list MP Jan Tinetti.
NZEI staff member Kirsty McCully said the change had added barriers to women being able to achieve pay justice.
'It takes us back to before 1972 when the Equal Pay Act was first brought into force.
'I think what it really does is negates a whole lot of amazing work [by] campaigners like Kristine Bartlett.
McCully works with early childhood teachers and as a result of this change, 93,000 teachers have had their pay equity claim set back.
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'It's devastating, and it really is a kick in the guts.
'It makes the idea that we can achieve wage justice almost impossible.'
McCully said many women were already struggling in the cost-of-living crisis and trying to hold their families together.
She said the Government was saying $3 billion a year for landlords was affordable but $1.7b in wage justice for women is not.
'The Government's making decisions that impact on a small number of the wealthy to privilege their interests over the interests of the vast workers who have had wage injustice for generations, and now that's going to be entrenched.'
On a visit to Tauranga on Friday, Prime Minister Christopher Luxon said his Government is 'very, very committed to pay equity, and avoiding and eliminating sex-based discrimination'.
'But we also need to make sure we have one system that is robust, that's workable, that's sustainable and actually focused on the core purpose of the legislation, that is about eliminating sex-based discrimination, rather than bringing in broader labour market conditions you often see in a bargaining round.'
Luxon said individuals and unions could still apply to have pay equity claims processed and the Government had put money aside to deal with these in future.
He said the changes aimed to encourage more specific pay-equity claims.
'We've seen claims that have up to 90 different occupations, when we see comparisons between fisheries officers and librarians.
'What we need to have is a hierarchy of comparators to make sure the system is more workable and gives people more certainty.'
He described the Opposition framing of the review as 'a little bit disingenuous' and said saving money was not the primary reason for the change.

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'On balance, I have concluded that these provisions do not engage s 19 because a person in this situation could still take court proceedings in order to obtain an effective remedy through other means – for example, seeking a remedy in the High Court for a breach of s19 of the Bill of Rights Act.' Cue the court case. On August 29, a collection of five unions will file their legal case with the High Court, claiming the coalition Government's controversial changes to pay equity legislation breach three fundamental rights: freedom from gender-based pay discrimination, the right to natural justice, and the right to fair legal process. This comes hot on the heels of Māori health providers and the greyhound racing industry calling on the court to declare the coalition Government's changes have broken the law. The claim will see New Zealand Nurses Organisation (NZNO), Public Service Association (PSA), Post-Primary Teachers Association (PPTA), NZEI Te Riu Roa primary teachers' union, and the Tertiary Education Union (TEU) seek declarations from the court that the Government's changes to pay equity law are inconsistent with the New Zealand Bill of Rights Act. They will be represented by Rodney Harrison KC and Peter Cranney – the lawyer who argued Kristine Bartlett's precedent-setting pay equity case. These unions represent 24 of the 33 claims that were wiped when the coalition introduced legislation without consultation, and passed under urgency, the Equal Pay Amendment Bill ahead of the May Budget. The 33 claims are estimated to have covered more than 150,000 workers. The Government says this change has saved them from paying $13 billion of taxpayers' money in future wages and salaries to those working in female-dominated workforces, whose work has been historically under-valued due to gender-based discrimination. The Government also tightened the framework, by lifting the threshold for the percentage of women workers in a sector from 60 percent to 70 percent and changed the way equitable pay is determined through the comparator system. So far, no claims have been filed and all-but the nurses say they see no way towards bringing a successful claim under the new regime. 'This is about more than pay' In a press release, TEU national secretary Sandra Grey said: 'If Brooke van Velden and Christopher Luxon thought avoiding a select committee process would allow them to dodge accountability for stealing $12.8 billion from low paid women workers, we've got news for them.' Other union heads called it a 'kick in the guts'. 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The unions' claim would asks the court to rule the changes breached section 19 of the human rights law that says everyone has the right to freedom from discrimination – in this case, gender-based discrimination. But Fitzsimmons said the Government had also breached women workers' right to a fair legal process and the executive had 'undermined the judiciary'. The executive's decision to cancel claims that were about to be heard by the Employment Relations Authority was inconsistent with the country's constitutional foundations, which clearly stipulated a separation of the different arms of government. A Treasury paper from December, released last month, laid out the Government's options for closing the funded sector contingency – the money set aside for covering pay equity settlements for those working in privately owned businesses, but in sectors that provided a public good and were largely funded by the Government, such as the aged care sector. The paper revealed that of the $12.8b estimated total pay equity costs over the forecast period, the funded sector contingency accounted for $9.6b of that (75 percent of estimated pay equity costs). Care and support workers (and one other redacted workforce) were described as the 'key claims with significant estimated costs' in the funded sector. The care and support workers claim had already been deemed to have merit under the previous pay equity framework, and Treasury officials pointed out the Employment Relations Authority had indicated it would hear the claim during the first week of May. Workplace Relations and Safety Minister Brooke van Velden announced the changes on May 6, without prior warning or consultation – as care and support workers were preparing briefs of evidence for the authority. The legislation passed through all stages under urgency, with no select committee process. 'We have separation of powers in New Zealand,' Fitzsimmons said. 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But Fitzsimmons tells Newsroom a win would still be a big deal. It would also add an immense amount of scrutiny to the law and the legislative process. If the court was to declare the pay equity changes are inconsistent with the Bill of Rights Act then Attorney-General Judith Collins would have to notify Parliament within six sitting days. From there, the matter would be referred to a select committee for scrutiny, where they would have four months to report back to Parliament. The Government would then have a further six months to present its response to the declaration and the committee's report, and from there a parliamentary debate would be held within the next six sitting days. 'The consequences for the Government and for Parliament are significant.' Legal challenges piling up The unions' legal challenge comes as the Government faces off in court against other aggrieved communities. The pay equity case will come after a High Court hearing of an unprecedented claim from a group of Māori health providers over the disestablishment of Te Aka Whai Ora. The providers, led by Lady Tureiti Moxon, are also calling on the court to declare the shutting of the Māori Health Authority breaches the Bill of Rights Act. And, in the first case of its kind, the group is also asking the court to declare the move inconsistent with te Tiriti o Waitangi. Last week, Greyhound Racing NZ had its case for interim relief heard, ahead of a more substantive judicial review of Cabinet's decision to ban greyhound racing in New Zealand. The decision, which was announced without consultation with the industry, didn't follow the proper process, making it unlawful, former Attorney-General Chris Finlayson KC told the High Court last Thursday. But those acting on behalf of the Crown – and ultimately Racing Minister Winston Peters – said the Government was within its rights to make a decision to ban greyhound racing on political ground, then legislate to do so. Crown lawyer Katherine Anderson KC raised the example where the Government had made a political decision to legislate, without consulting the affected communities, saying it was the executive's right to do so. This coalition has also faced a series of challenges at the Waitangi Tribunal, and it's unlikely these legal cases will be the last to come. Earlier this year, Newsroom revealed the Government would be reinstating a full prisoner voting ban. And last month the coalition announced it was overhauling voter registration, meaning voters would not be able to enrol or update their details in the 12 days ahead of election day. This move is expected to impact more than 100,000 people and disproportionately affect young people, Māori and Pasifika. Jailhouse lawyer Arthur Taylor, alongside the Human Rights Commission, successfully sought a declaration of inconsistency with the Bill of Rights Act last time a Government removed prisoners' right to vote. This led to a process that ultimately resulted in the previous Labour-led Government giving the vote to everyone who was serving a sentence of less than three years. It would be unsurprising to see someone take essentially the same case back to court when this new prisoner voting ban comes into effect, given the court's already ruled it breaches human rights law once before. Meanwhile, Attorney-General Judith Collins told her colleagues, including the minister responsible and her associate attorney-general Paul Goldsmith, that the proposed changes to voter enrolment breach the Bill of Rights Act, saying Māori, Pasifika and Asian communities will pay the 'heaviest price' by being disenfranchised. Once the law has passed, someone could call on the court to declare inconsistencies with section 19 of the Bill of Rights Act. A win in any of these cases doesn't necessitate a law change, but they will put the spotlight on the coalition's process and the weight it puts on human rights. The union's case will be filed at the High Court on August 29, alongside a protest rally held by women whose claims were cancelled.