FAQs

Psychometric testing, recruitment and HR FAQs

These answers are general information, not legal advice. Get in touch to talk about your situation.

These are the questions I'm asked most often about recruitment, HR and employment law in New Zealand, with practical answers based on good HR practice and I/O 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 a reasonable opportunity to seek independent advice 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: $23.95 per hour 

  • Four weeks’ paid annual leave

  • Paid rest breaks and unpaid meal breaks

  • Public holidays (12 days), with additional pay if worked

What benefits must I provide?

Employers must provide:

  • KiwiSaver contributions (minimum 3.5%, increasing to 4% from April 2028)

  • ACC levies

  • Holiday pay (8% for casual employees)

What recruitment records do I need to keep?

Employment records must be kept for six 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

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

Are psychometric assessments legal in New Zealand?

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

 

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?

I support employees going through performance management or improvement plans. I help set clear, measurable goals so everyone knows what's expected, and so there's a fair record of progress for both the employee and the employer.

Independent HR Advice 

Recent law changes (2026)

What changed in employment law in 2026?

The Employment Relations Amendment Act 2026 came into force on 21 February 2026. It made four main changes: the contractor gateway test (see 'Contractor vs Employee' below): limits on remedies where an employee's own behaviour contributed to a personal grievance, an income threshold for unjustified dismissal claims, and the removal of the 30-day rule.

Can high earners still raise a personal grievance for unjustified dismissal?

Not by default. Employees earning $200,000 or more a year in total remuneration can no longer raise a personal grievance for unjustified dismissal, or for unjustified disadvantage related to a dismissal. Total remuneration includes salary, bonuses, commissions and other benefits, not just base pay.

An employer and employee can agree in writing to opt back in to these protections.

For people who were already on an employment agreement at or above the threshold when the law changed, there's a 12-month transition period, ending on 21 February 2027. Until then, they keep the right to raise an unjustified dismissal claim, unless both parties agree to apply the threshold early.

If you employ people at or near this level, it's worth reviewing their employment agreements before the transition period ends.

What happens if an employee's behaviour contributed to their personal grievance?

Remedies are now much more limited.

  • If the employee's behaviour amounted to serious misconduct and contributed to the situation, they can't get any remedies.
  • If their behaviour contributed but wasn't serious misconduct, they can't be reinstated or get compensation for hurt and humiliation, and other remedies can be reduced by up to 100%.

"Serious misconduct" isn't defined in the law, so employers still need a fair process and good evidence. These changes don't remove the need to follow a proper disciplinary process.

What was the 30-day rule, and has it gone?

Yes, it's gone. Under the old rule, new employees who weren't union members had to be employed on the terms of any relevant collective agreement for their first 30 days. Employers can now agree individual terms with new employees from day one.

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.

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?

Since 21 February 2026, there's a new "gateway test" under the Employment Relations Act. If a working arrangement meets all of the criteria below, the worker is a "specified contractor" and can't claim to be an employee:

  1. There's a written agreement that says the worker is an independent contractor, or is not an employee.
  2. The worker isn't restricted from working for other businesses, except while they're doing work for you.
  3. The worker can choose when they work, or can subcontract the work to someone else.
  4. You can't end the arrangement because they turn down extra work.
  5. The worker had a reasonable opportunity to get independent advice before signing.

If any of these criteria aren't met, the existing test still applies. That test looks at the real nature of the relationship, including how much control you have over the work, whether they're part of your business, and whether they're genuinely in business for themselves.

The gateway test isn't retrospective. It applies to arrangements from 21 February 2026 onwards.

Getting this wrong can be costly, because a "contractor" who is really an employee can claim holiday pay, KiwiSaver and personal grievance rights. If you use contractors, it's worth reviewing your agreements against the new test. Get in touch if you'd like me to check them for you.

Trial & Probation Period 

Can I use a 90-day trial period?

Since December 2023, all employers can use a 90-day trial. It must be agreed in writing before the employee starts, and only applies to people who haven't worked for you before.

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

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

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

Can Selectio help with complex or sensitive HR issues?

Yes. I give independent, evidence-based HR advice on recruitment, assessment, performance management, conflict 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).

Work with Selectio

If you'd like help with recruitment, HR or an employment relations issue, get in touch. I'll give you practical advice that fits New Zealand law and your situation.