7 May 2025

Statement re: Amendments to the Equal Pay Act

The College is deeply disappointed and concerned to hear about the government’s changes to its pay equity process. This decision will affect thousands of female workers in Aotearoa including at least 100 employed midwives who have been involved in a MERAS pay equity claim. These midwives work in privately run primary birthing facilities so urgently need pay parity with their Health NZ employed colleagues. Some primary maternity facilities have already had to reduce capacity due to staffing issues related to their pay being lower than HNZ colleagues, further loading our secondary and tertiary facilities.

Midwives who are participating in the College’s class action will receive a separate direct message from College Lawyer, Carla Humphrey, reassuring them that this change in government policy and process will not affect the Class Action. The government’s legislative amendments do not apply to the High Court Action and have no effect on this whatsoever. The amendments only apply to claims taken by employed workers. The case before the High Court is not based on Equal Pay legislation and has been put forward not by employed midwives, but by self-employed midwives claiming on the basis of breach of contract, breach of the Bill of Rights Act 1990 and quantum meruit. After a hearing in Wellington in August and September, the High Court has reserved its decision. There is no time limit for when the decision needs to be finalised however we hope to have a decision within the next few months.

The College stands in solidarity with all female workers who are affected by the government’s changes.

Ngā mihi

Alison Eddy

Chief Executive

New Zealand College of Midwives | Te Kāreti o ngā Kaiwhakawhānau ki Aotearoa