Employers
Tests and checks
Find out about doing pre-employment tests and checks before a person starts their job. Tests and checks can include drug and alcohol testing, and criminal record and reference checks.
Requesting tests and checks
You can require job applicants to pass certain tests or checks as part of the recruitment process and before they start their new role.
The tests or checks you carry out must be relevant to the safe and proper performance of the job. You must not use tests or checks to unlawfully When a person is treated differently and less fairly than others, for example, because of their race, sex, age, religion, or other prohibited ground under the Human Rights Act 1993.
You must also comply with the Privacy Act 2020 and privacy principles when collecting and handling job applicants’ personal information.
Your privacy responsibilities - Office of the Privacy Commissioner(external link)
Criminal record checks
You can check a job applicant’s criminal record.
You must get their written approval to request this information from the New Zealand Police or the Ministry of Justice. Make sure that the job application form clearly states that applicants must disclose all criminal convictions unless covered by the Criminal Records (Clean Slate) Act 2004.
Ministry of Justice - Criminal record check(external link)
Job applicants do not have to offer information about previous criminal convictions if:
- you have not asked for it (however, if you do ask, they must act in
good faith and tell the truth), orAn underlying principle in employment law which requires employers and employees to deal with each other honestly, openly, and in a fair and timely way.
- they’re covered by the clean slate rules.
The clean slate rules mean that in some circumstances, job applicants do not have to reveal their criminal record. For more information, visit:
Previous name checks
You can only ask applicants for previous name details if:
- you need the information for a proper purpose – for example, for a criminal record check, and
- you ask all applicants for this information.
For more information, visit:
Frequently Asked Questions - Human Rights Commission(external link)
Credit checks
You can only ask for a credit check on a job applicant if:
- they give their permission, and
- the job involves significant financial risk, for example, some accounting or banking roles.
For more information, visit:
Credit Reporting Privacy Code 2020 - Office of the Privacy Commissioner(external link)
Who can see my credit report? - Office of the Privacy Commissioner(external link)
Reference checks
The information you ask for in a reference check must be relevant to the safe and proper performance of the job.
Only contact referees provided by the job applicant. If the referees are not suitable, ask the applicant if there is someone else you can contact.
If you need to speak to the applicant’s current An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’).
Pre-employment drug testing and health screening
Take care with any pre-employment health screening. You must not carry out health screening to discriminate against disabled job applicants (where this is not a listed exception in the Human Rights Act 1993).
Find information on asking about, and disclosing, a health condition, here:
For information about drug and alcohol testing in the workplace, visit:
Driving record checks
Checking an applicant’s driving record may be required if they’ll be driving for work purposes. For information about how to check what type of licence a driver holds, and to request demerit and suspension history, visit:
Driver Check - NZ Transport Agency Waka Kotahi(external link)
Demerit points and suspension history - NZ Transport Agency Waka Kotahi(external link)
Hiring someone subject to tests and checks
If you want to do any tests or checks when hiring, you can:
- wait until the tests or checks are completed before making an offer of employment, or
- offer the applicant the job subject to satisfactory checks or test results, for example, satisfactory references or criminal record check.
Offering the job after tests and checks are done
Waiting until the tests or checks are completed means that if the results come back and you change your mind, you do not have to withdraw a job offer. This avoids any confusion around whether there is an employment relationship in place when you get the results.
Make sure you keep in touch with the applicant while you wait for the results. If it’s taking longer than expected, let them know. This helps avoid any misunderstandings, for example, the applicant thinking they have missed out on the role.
Offering the job before tests and checks are done
If you offer the job subject to satisfactory tests or checks, you can withdraw the offer if the conditions are not met.
It’s important to make sure the offer letter is clear about what will happen if:
- the checks or test results are not satisfactory, or
- the applicant has given you false or incomplete information.
If the person has already started working for you, you may need to start a formal When an employer removes an employee from their job, for example, as a result of misconduct or redundancy.
It’s a good idea to talk to the employee or job applicant before taking any action, to make sure there are no misunderstandings.