FAQs

Evidence-led answers to common recruitment, HR, and employment-relations questions in New Zealand.

Navigating recruitment, HR, and employment law can be complex — especially in New Zealand’s unique regulatory environment. These FAQs bring together the questions organisations ask most often, with clear, practical guidance grounded in  best-practice HR and Industrial/Organisational psychology.

Recruitment 

Do I need to advertise a job before hiring?

Advertising is not always legally required, but it is best practice. It supports fairness, transparency, and defensible hiring decisions.

Do I need a job description before advertising a role?

Yes. A clear job description helps define responsibilities, expectations, and required capabilities. It also supports consistent assessment and reduces ambiguity for candidates and managers.

How do I write a good job description?

A strong job description includes:

  • The purpose of the role

  • Key responsibilities

  • Required skills, experience, and qualifications

  • Behaviours and capabilities needed for success

  • Reporting lines and working relationships

What checks can I do before hiring?

You may complete job-related checks such as:

  • Verifying right to work in New Zealand

  • Conducting reference checks (with consent)

  • Completing police or drug/alcohol checks when relevant

  • Asking health or disability questions only when directly related to the role

Do all employees need a written employment agreement?

Yes. Under the Employment Relations Act 2000, every employee must have a written agreement including job description, hours, pay, leave entitlements, and employment conditions. Candidates must be given at least three days to review the agreement before signing.

What are my obligations under employment law?

Employers must comply with:

  • Human Rights Act 1993

  • Privacy Act 2020

  • Employment Relations Act 2000

What do I need to consider regarding privacy during recruitment?

You must:

  • Collect only job-related information

  • Obtain consent before contacting referees

  • Follow the Privacy Act 2020 when storing and using information

What are the minimum employment standards in New Zealand?

Minimum standards include:

  • Minimum wage: $23.50* per hour -

    (*) note this increases to $23.95 per hour as at 1st April 2026.

  • Four weeks’ paid annual leave

  • Paid rest breaks and unpaid meal breaks

  • Public holidays (11 days), with additional pay if worked

What benefits must I provide?

Employers must provide:

  • KiwiSaver contributions (minimum 3%, increasing to 4% from April 2026)

  • ACC levies

  • Holiday pay (8% for casual employees)

What recruitment records do I need to keep?

Employment records must be kept for seven years. Recruitment documentation should also be retained to support fair, defensible decisions.

What should I avoid during recruitment?

Avoid:

  • Asking questions unrelated to job performance

  • Failing to keep accurate records

  • Misclassifying employees as contractors.

Psychometric assessment

Are psychometric assessments legal in New Zealand?

Yes — when they are job-related, used fairly, and comply with the Human Rights Act and Privacy Act.

What types of psychometric tests can I use for hiring?

Common tools include:

  • Cognitive ability tests

  • Personality assessments

  • Situational judgement tests

  • Work-style or behavioural assessments

Do candidates have to consent to psychometric testing?

Yes. Candidates must give informed consent and understand how results will be used.

Fair Process & Defensibility 

What does a fair recruitment process look like?

A fair process includes:

  • Clear role requirements

  • Consistent assessment methods

  • Job-related interview questions

  • Transparent communication

  • Evidence-based decisions

How do I make sure my hiring decisions are defensible?

Use:

  • Documented criteria

  • Structured interviews

  • Valid assessments

  • Accurate records

  • Consistent processes

People and performance management

What is a fair performance management process?

A fair process includes:

  • Clear expectations

  • Regular feedback

  • Documented concerns

  • Support and time to improve

  • A structured, good-faith approach

How do I manage underperformance legally?

You must:

  • Act in good faith

  • Clearly outline concerns

  • Provide reasonable support

  • Document all steps

  • Follow a consistent process

How does Selectio support employees on performance management or improvement plans?

Selectio specialises in supporting individual employees through performance management or improvement processes using a data-driven and evidence-informed approach. We design tailored plans that set clear, objective, and measurable performance goals. This ensures transparent expectations and helps create a positive, structured record of progress and development. Our approach supports fair, consistent feedback and fosters constructive outcomes for both the employee and employer.

Independent HR Advice 

When should I get external HR advice?

External advice is helpful when:

  • Issues are complex or sensitive

  • You need an independent view

  • You’re unsure about legal risk

  • You’re dealing with conflict or performance issues

  • You’re restructuring or redesigning roles.

Contractor vs Employee 

How do I know if someone is a contractor or an employee?

It depends on:

  • Level of control

  • Provision of tools/equipment

  • Payment structure

  • Ability to subcontract

  • Intention of the relationship

Misclassification can create significant legal and financial risk.

 

Trial & Probation Period 

Can I use a 90-day trial period?

Only if you have fewer than 20 employees and the clause is included in the employment agreement before the employee signs the agreement.

What’s the difference between a trial period and a probation period?

  • Trial period: Allows dismissal without a personal grievance for unjustified dismissal (if valid).

  • Probation period: Allows assessment of performance but does not remove grievance rights.

Restructuring & Redundancy 

What is a fair redundancy process?

A fair process includes:

  • Genuine business reasons

  • Consultation with affected employees

  • Considering feedback

  • Exploring redeployment

  • Transparent communication

Can Selectio help with complex or sensitive HR issues?

Yes. Selectio provides independent, evidence-based HR advisory support across recruitment, assessment, performance management, conflict resolution, and people systems.

Employment Relationship issues

Selectio supports organisations with performance management, conflict resolution, and fair, legally compliant processes. These FAQs cover common employment‑relations issues.

Legal Processes

What steps are involved in resolving employment problems legally?

If informal resolution fails, either party can:

  • Request mediation through MBIE

  • Escalate to the Employment Relations Authority (ERA)

  • Appeal to the Employment Court

What is mediation and is it confidential?

Mediation is a voluntary, confidential process where an independent mediator helps both parties reach agreement.

What is an employment relationship problem?

Any issue between an employer and employee, including disputes over agreements, personal grievances, discrimination, harassment, or unjustified dismissal.

What are common causes of employment disputes?

Common issues include:

  • Unfair dismissal

  • Pay disputes

  • Bullying or harassment

  • Breaches of agreements

  • Health and safety concerns

 

Resolving Problems 

What should I do first if there’s a problem at work?

Raise the issue directly with your manager or employer in good faith. Many issues can be resolved informally.

What if the issue can’t be resolved informally?

You can:

  • Use Early Resolution (MBIE)

  • Request mediation (free and confidential)

  • Seek legal or union support

  • Contact Selectio for guidance

What is a personal grievance?

A formal complaint an employee can raise for issues such as unjustified dismissal, discrimination, harassment, or disadvantage.

How long does an employee have to raise a personal grievance?

  • 90 days for most issues

  • 12 months for sexual harassment (for incidents after 13 June 2023).

Partner with Selectio

Ready to strengthen your recruitment, HR, and employment-relations practices? Selectio offers practical, evidence-based support tailored to New Zealand’s legal landscape. Let’s work together to build a fair, high-performing, and healthy workplace.