Employment Relations Act 2000, ss 131, 142 Minimum Wage Act 1983, ss 10, 11 Crimes Act 1961, s 220AA, 220AA(1)(a)(b)

If your employer hasn’t paid you your wages, or has paid you less than the minimum wage or less than the amount stated in your employment agreement, you or a government labour inspector can apply to the ERA to order your employer to pay the money you’re owed. You have to apply within six years after the date when the wages should have been paid (see: “The legal process for dealing with employment problems”).

If you’ve been paid less than the minimum wage, you can also ask the ERA to make your employer pay a monetary penalty. If the ERA does this, it can order the employer to pay some or all of the penalty to you.

Your employer can face criminal charges if they pay you less than what you’re owed (entitled to) for your work on purpose (intentionally). It is called wage theft when your employer doesn’t pay you the right amount on purpose. Wage theft was made a crime in New Zealand in May 2025.

Your employer can face criminal charges if they underpay for you for most types of payment and entitlements, like your wages or salary, overtime pay, holiday pay, or if they don’t pay you the minimum wage.

Your employer has to have underpaid you on purpose (intentionally). This means that your employer hasn’t committed a crime if they accidentally underpay you. Your employer needs to prove they have a “reasonable excuse” for underpaying you to avoid being convicted of wage theft. For example, if something accidentally goes wrong in their payroll system.

Crimes Act 196, s 1220AA(3) 

Your employer will only face criminal charges for intentionally paying you the wrong amount if you are “employed” by your employer. This means your employer won’t face criminal charges for underpaying you on purpose if you are a contractor.

You might still have other options for getting your pay. For more information, see “What can I do if I’m not paid the wages owed to me” above.

If you think your employer is not paying you the right amount on purpose, you can report this to the police like any other crime. It is a good idea to get legal advice first, especially if you have other problems with your employer going on – like bullying in your workplace for example.

It is also a good idea to keep track of what your employer pays you. For example, taking a screenshot of your payslips or payments into your bank account. This can be used as evidence to show the police what has been going on.

If your employer is an individual (like a small business owner), they could get up to 1 year in prison, a $5000 fine, or both. Other employers, like large companies, could get a fine of up to $30,000 for wage theft.

Employment Relations Act 2000, s 130

Employers must keep wages and time records. If you (or someone you’ve authorised to represent you, like a labour inspector) ask to see those records for any period in the last six years, your employer must provide a copy or allow you (or your representative) to see the relevant records.