Employers
The hiring process
Find out about employer responsibilities when hiring, advertising a job, and providing reasonable accommodation.
Your legal obligations when hiring
You have legal obligations throughout the hiring process. You must:
- make sure you do not unlawfully discriminate based on, sex, marital or family status, age, religious or ethical belief or any other prohibited ground
- comply with the Privacy Act 2020 and privacy principles when handling job applicants’ personal information. For example, if someone has applied for a job, you must not collect information about them from someone who is not their nominated referee without their consent.
Your obligations - Office of the Privacy Commissioner(external link)
Once you’ve decided who you want to employ, you must:
- provide the offer of employment and employment agreement in writing, including an accurate description of the job
- make sure negotiations about the terms of the employment agreement are fair
- communicate clearly and openly with the successful applicant and respond to any questions they have so that there are no areas of uncertainty.
Pre-employment tests and checks
You must check that a job applicant has the legal right to work in New Zealand before you employ them.
If you choose to do any pre-employment screening or testing, for example, drug and alcohol testing or reference checks, it must be relevant to the job and/or workplace.
Advertising a job
You do not have to advertise a job unless it’s a requirement, for example, in:
- a workplace policy your organisation has, like a recruitment policy
- the law. Many employers in the public sector are required by the Public Service Act 2020 to advertise a job to make sure that suitably qualified applicants are aware of the vacancy. They must then appoint the applicant best suited to the position.
Workplace policies and procedures
If your workplace has a policy or requirement to advertise a job, make sure you follow this. For example, it might say:
- if you have to advertise
- whether you have to advertise internally first, or if you’ll give preference to employees who are affected by a workplace change.
Even if there’s no requirement to advertise, it’s a good idea to. The more widely you advertise the role, the more likely it is that you’ll find the best person.
Describing the job
When advertising a job, it makes sense to provide a clear description of the role so applicants know what you’re looking for. You are more likely to find the right person if you and the applicants understand what the job involves and what skills, experience and attributes are required.
Reasonable accommodation
Under the Human Rights Act 1993, employers must take reasonable measures to meet an employee’s needs. This is known as providing ‘reasonable accommodation’.
Providing reasonable accommodation means adjusting the workplace or supporting employees in the workplace so that they can fully participate at work.
Reasonable accommodation might be needed when a person starts work, or once they are already employed, for example, if they become disabled during their employment. An example of reasonable accommodation is flexible working.
Reasonable Accommodation - Ministry of Social Development (external link)
Reasonable Accommodation Guidelines - Human Rights Commission(external link)
More information
If you are unsure about your rights or responsibilities or need more information, you can call us on 0800 20 90 20 or email us your query.