Employee Handbook (New Zealand)
Employment Relations Act 2000 — Health and Safety at Work Act 2015 (HSWA)
WELCOME TO [Employer Name]
This Employee Handbook (Version: [Handbook Version]) is effective from [Effective Date].
[Employer Name] (NZBN: [Employer NZBN]) is committed to providing a safe, respectful, and productive workplace for all employees. This handbook sets out the policies, procedures, and standards that apply to all employees of [Employer Name], and is intended to help you understand your rights and responsibilities as a member of our team.
This handbook applies to all employees of [Employer Name] at [Employer Address], [Employer Region], and at any other location where employees of [Employer Name] work.
Please read this handbook carefully and keep it for future reference. If you have any questions about any of the policies or procedures in this handbook, please contact [HR Contact Name] at [HR Email] or [HR Phone].
This handbook does not form part of your individual employment agreement unless expressly stated. The policies in this handbook may be updated from time to time. Employees will be notified of any material changes.
1. LEGAL FRAMEWORK
1.1 Your employment with [Employer Name] is governed primarily by your Individual Employment Agreement (IEA) and the following New Zealand legislation, which sets minimum standards that cannot be reduced by any agreement or policy:
- Employment Relations Act 2000 (ERA) — good faith obligations, minimum content of employment agreements, personal grievance process, and employment relationship problem resolution;
- Holidays Act 2003 — annual leave, sick leave, bereavement leave, public holidays, and family violence leave;
- Health and Safety at Work Act 2015 (HSWA) — duties of the employer as PCBU and duties of workers;
- KiwiSaver Act 2006 — employer contributions and automatic enrolment;
- Minimum Wage Act 1983 — minimum wage requirements;
- Privacy Act 2020 — collection, storage, use, and disclosure of personal information;
- Human Rights Act 1993 — prohibition on discrimination on specified grounds;
- Accident Compensation Act 2001 (ACC) — no-fault personal injury cover.
1.2 Where any provision of this handbook is inconsistent with a statutory minimum entitlement, the statutory minimum will prevail.
2. EMPLOYMENT RELATIONSHIP AND GOOD FAITH
2.1 [Employer Name] and all employees are bound by the duty of good faith under section 4 of the Employment Relations Act 2000. This duty requires all parties to the employment relationship to be active and constructive in establishing and maintaining a productive employment relationship, to be responsive and communicative, and not to act in a way that is misleading or deceptive.
2.2 The duty of good faith applies to all aspects of the employment relationship, including performance management, restructuring, and any process that may affect the continuation of employment.
2.3 [Employer Name] is committed to providing employees with information relevant to their employment, to raising concerns before they become significant problems, and to resolving employment relationship issues constructively.
3. WORKING HOURS AND FLEXIBLE WORKING
3.1 Standard working hours at [Employer Name] are [Standard Hours].
3.2 Rest breaks and meal breaks are provided in accordance with the Employment Relations Act 2000. Employees are entitled to paid 10-minute rest breaks and unpaid 30-minute meal breaks at appropriate intervals during the working day.
3.3 Flexible Working: [Flexible Working Policy]
4. LEAVE ENTITLEMENTS
4.1 Annual Leave: [Annual Leave Policy]
4.2 Sick Leave: [Sick Leave Policy]
4.3 Bereavement Leave: Employees are entitled to bereavement leave in accordance with sections 69 and 70 of the Holidays Act 2003:
- 3 days of paid bereavement leave on the death of a spouse or partner, parent, child, sibling, grandparent, grandchild, or the spouse’s or partner’s parent; and
- 1 day of paid bereavement leave on the death of any other person where [Employer Name] accepts that the employee has suffered a bereavement.
4.4 Family Violence Leave: Employees are entitled to 10 days of paid family violence leave per year from the first day of employment, in accordance with sections 72A–72H of the Holidays Act 2003. This leave is confidential. Employees are encouraged to contact HR to discuss their options in confidence.
4.5 Public Holidays: Employees are entitled to a paid day off on each of the 11 recognised public holidays under the Holidays Act 2003, as well as any applicable regional anniversary day, provided the day would otherwise be a working day for the employee. Employees required to work on a public holiday will receive time-and-a-half pay and an alternative holiday.
4.6 Parental Leave: Parental leave is available in accordance with the Parental Leave and Employment Protection Act 1987, including up to 26 weeks of primary carer leave and government-funded parental leave payments where eligible.
5. KIWISAVER
5.1 [Employer Name] will make KiwiSaver employer contributions at the rate of [KiwiSaver Rate] of each enrolled employee’s gross salary, in accordance with the KiwiSaver Act 2006.
5.2 New employees aged 18 to 64 who are New Zealand citizens or permanent residents will be automatically enrolled in KiwiSaver in accordance with the KiwiSaver Act 2006, unless they are already a member or opt out within the prescribed period.
5.3 Employees may choose to contribute at rates of 3%, 4%, 6%, 8%, or 10% of their gross pay. Employer superannuation contribution tax (ESCT) will be deducted from employer contributions in accordance with the Income Tax Act 2007.
6. HEALTH AND SAFETY
6.1 [Employer Name] is a Person Conducting a Business or Undertaking (PCBU) under the Health and Safety at Work Act 2015 (HSWA) and has a primary duty to ensure, so far as is reasonably practicable, the health and safety of all workers while at work.
6.2 Health and safety responsibilities are managed by [WHS Officer]. Employees should direct any health and safety concerns to this person or to their direct manager.
6.3 All employees have the following duties under the HSWA:
- take reasonable care for their own health and safety;
- take reasonable care that their acts or omissions do not adversely affect the health and safety of others;
- comply with reasonable health and safety instructions given by [Employer Name]; and
- cooperate with [Employer Name]’s health and safety policies and procedures.
6.4 Incident and Hazard Reporting: [Incident Reporting]
6.5 ACC: Employees are covered for personal injury by accident under the Accident Compensation Act 2001 (ACC). In exchange for this no-fault cover, employees cannot bring personal injury proceedings against [Employer Name] for personal injury covered by the ACC scheme.
6.6 Employees have the right to refuse to perform work that they reasonably believe creates a serious risk to their health and safety, in accordance with section 83 of the HSWA.
7. CODE OF CONDUCT
7.1 [Employer Name] expects all employees to maintain high standards of professional conduct. The following conduct standards apply:
[Conduct Standards]
8. ANTI-HARASSMENT, DISCRIMINATION, AND EQUAL EMPLOYMENT OPPORTUNITY
8.1 [Employer Name] is committed to providing a workplace free from harassment, bullying, and discrimination. All employees have the right to work in an environment that is safe, respectful, and inclusive.
8.2 Harassment and discrimination on the following grounds are prohibited under the Human Rights Act 1993 and the Employment Relations Act 2000: sex, marital status, religious belief, ethical belief, colour, race, ethnic or national origin, disability, age, political opinion, employment status, family status, and sexual orientation.
8.3 Sexual harassment is specifically prohibited under section 108 of the Employment Relations Act 2000, which defines sexual harassment as unwelcome or offensive behaviour of a sexual nature that is harmful or that the harasser knew or ought to have known would be unwelcome.
8.4 Complaint Procedure: [Harassment Procedure]
9. DISCIPLINARY AND GRIEVANCE PROCEDURES
9.1 [Employer Name] will follow a fair and reasonable disciplinary process consistent with the good faith obligations in section 4 of the Employment Relations Act 2000 and the principles of natural justice before imposing any disciplinary sanction.
9.2 Disciplinary Process: [Disciplinary Process]
9.3 Right to a Support Person: Employees have the right to have a support person present at any disciplinary or investigative meeting. Requests for a support person should be made before the meeting and will be accommodated on reasonable terms.
9.4 Personal Grievances: If an employee believes they have been unjustifiably dismissed, unjustifiably disadvantaged, discriminated against, or subjected to harassment, they may raise a personal grievance under section 103 of the Employment Relations Act 2000. Personal grievances must generally be raised with [Employer Name] within 90 days of the act or omission giving rise to the grievance (or 12 months for sexual harassment claims under section 114 of the ERA).
9.5 Employment Mediation: Free mediation services are available through the Ministry of Business, Innovation and Employment (MBIE) for the resolution of employment relationship problems. Mediation is voluntary and confidential. If mediation is unsuccessful, either party may apply to the Employment Relations Authority for a determination.
10. PRIVACY AND CONFIDENTIALITY
10.1 [Employer Name] will collect, hold, use, and disclose employee personal information in accordance with the Privacy Act 2020 and the 13 Information Privacy Principles.
10.2 Employees are required to treat the confidential information of [Employer Name], its clients, and its suppliers with discretion. Confidential information must not be disclosed to unauthorised persons during or after employment, consistent with any confidentiality obligations in the employee’s individual employment agreement.
10.3 All company property, equipment, documents, and electronic data remain the property of [Employer Name] and must be returned or deleted upon request or upon termination of employment.
11. GENERAL POLICIES
11.1 Social Media: Employees must not post confidential business information, disparage [Employer Name], its employees, or clients on social media platforms. Employees remain personally responsible for their social media activity.
11.2 Technology Use: Company technology and systems are provided for business purposes. Limited personal use may be permitted but must not interfere with work duties or breach any company policy.
11.3 IRD and Payroll: Employees are responsible for maintaining a current Tax File Number (IRD Number) with Inland Revenue and for ensuring their payroll information is accurate. PAYE tax will be deducted from gross salary in accordance with the Income Tax Act 2007.
11.4 Governing law: This handbook is governed by and construed in accordance with the laws of New Zealand. Any employment relationship problems will be resolved in accordance with the Employment Relations Act 2000 through mediation, the Employment Relations Authority, or the Employment Court.
ACKNOWLEDGEMENT OF RECEIPT
By signing below, I confirm that I have received the [Employer Name] Employee Handbook ([Handbook Version]), that I have had the opportunity to review its contents and ask questions, and that I understand my obligation to comply with the policies and procedures it contains. I understand that this handbook does not form part of my individual employment agreement and may be updated from time to time.
For questions regarding this handbook, contact: [HR Contact Name], [HR Email], [HR Phone]
Employee
________________
Signature
Employer Representative
________________
Signature
What Is a Employee Handbook (New Zealand)?
An Employee Handbook in New Zealand sets out the duties, hours, pay, leave, and termination terms between employer and employee, consistent with the minimum entitlements guaranteed by the Employment Relations Act 2000.
The primary legislation governing employment relationships in New Zealand is the Employment Relations Act 2000 (ERA), which is built on a foundation of good faith. Section 4 of the ERA imposes a statutory duty of good faith on all parties to an employment relationship, requiring them to be active and constructive in establishing and maintaining a productive relationship, to be responsive and communicative, and not to act in ways that are misleading or deceptive. An employee handbook is a direct expression of this good faith obligation — it confirms that employees have clear and accessible information about the employer's expectations and about their own statutory rights before issues arise.
The Holidays Act 2003 establishes minimum leave entitlements that apply to all employees and cannot be reduced by any agreement or policy. These include 4 weeks of annual leave after 12 months of continuous employment, 10 days of sick leave per year after 6 months, bereavement leave, 11 public holidays (plus applicable regional anniversary days), 10 days of family violence leave from the first day of employment, and parental leave under the Parental Leave and Employment Protection Act 1987. A well-drafted handbook should accurately reflect all of these entitlements and explain how they apply in practice.
The Health and Safety at Work Act 2015 (HSWA) imposes duties on employers as Persons Conducting a Business or Undertaking (PCBUs) to confirm workers' health and safety so far as is reasonably practicable. A handbook should communicate the employer's health and safety obligations and employees' corresponding duties under section 28 of the HSWA. New Zealand's unique Accident Compensation Act 2001 (ACC) scheme also needs to be explained, as it provides no-fault personal injury cover for all accidents in New Zealand — including workplace accidents — in exchange for which individuals (including employees) cannot sue for compensatory damages for personal injury.
The KiwiSaver Act 2006 requires employers to make compulsory contributions of at least 3% of the gross salary of enrolled employees. New employees aged 18 to 64 who are New Zealand citizens or permanent residents are automatically enrolled in KiwiSaver, and the handbook should explain the automatic enrolment process and the employee's options.
When Do You Need a Employee Handbook (New Zealand)?
A New Zealand Employee Handbook is needed whenever an employer engages staff and wants to communicate workplace expectations clearly, protect the business from employment disputes, and demonstrate compliance with New Zealand employment legislation. While the Employment Relations Act 2000 (ERA) does not specifically mandate a written handbook, having one in place provides critical evidence in employment disputes.
The most important reason to have a handbook is the risk of employment disputes. New Zealand has a well-developed employment dispute resolution framework, with the Employment Relations Authority (ERA) able to make binding determinations and to award remedies including reinstatement, compensation, and penalties against employers. In personal grievance proceedings, employers who can demonstrate that they had clear written policies in place — and that employees were aware of those policies — are in a significantly stronger position than those who relied on verbal communications or ad hoc decision-making.
A handbook is particularly important for managing disciplinary issues. Under the ERA's good faith framework and the principles of natural justice, employers must follow a procedurally fair disciplinary process before taking any adverse action against an employee. The Employment Relations Authority and Employment Court assess whether the employer's process and decision were what a fair and reasonable employer could have done in all the circumstances. A documented disciplinary policy in the handbook, consistently applied, supports the employer's position that its process was fair.
Health and safety compliance also requires clear written policies. Under the Health and Safety at Work Act 2015 (HSWA), PCBUs must provide workers with appropriate information, training, and instruction to carry out work safely. A handbook provides a baseline communication of the employer's health and safety policies, hazard reporting procedures, and emergency protocols, and can be supported by more detailed safe work procedures and induction training.
The handbook is also the appropriate vehicle for communicating leave policies to employees. Many employment disputes in New Zealand arise from misunderstandings about leave entitlements, particularly about the timing of annual leave, the calculation of sick leave, and the availability of family violence leave. Clearly explaining these entitlements in the handbook — consistently with the Holidays Act 2003 — reduces misunderstandings and the risk of disputes.
Finally, a handbook is essential for communicating KiwiSaver obligations, privacy practices under the Privacy Act 2020, anti-harassment and equal employment opportunity policies under the Human Rights Act 1993, and the employer's approach to performance management, flexible working, and other matters that affect the day-to-day employment relationship.
What to Include in Your Employee Handbook (New Zealand)
A thorough New Zealand Employee Handbook should address the following key elements, each grounded in specific New Zealand legislative requirements.
The introduction and legal framework section should explain what the handbook is, that it does not form part of the employment contract unless expressly stated, that it is consistent with the employee's individual employment agreement and all applicable legislation, and that it may be updated from time to time. It should list the key legislation that applies to the employment relationship, including the ERA 2000, the Holidays Act 2003, the HSWA 2015, the KiwiSaver Act 2006, the Human Rights Act 1993, and the Privacy Act 2020.
The good faith and employment relationship section should explain the duty of good faith under section 4 of the ERA, including what it means for both the employer and the employee, and how the employer will discharge its good faith obligations in practice.
The working hours and flexible working section should state the standard working hours, rest break and meal break entitlements under the ERA, and the employer's approach to flexible working requests. Under the ERA, employees have the right to request flexible working arrangements, and employers must consider requests in good faith and respond within one month.
The leave entitlements section must accurately reflect the statutory minimums under the Holidays Act 2003: 4 weeks annual leave, 10 days sick leave (maximum 20 days accumulated), bereavement leave, 11 public holidays plus regional anniversary days, 10 days family violence leave per year from the first day, and parental leave under the Parental Leave and Employment Protection Act 1987.
The KiwiSaver section should explain the automatic enrolment process for new employees aged 18 to 64 who are New Zealand citizens or permanent residents, the employer's contribution rate (minimum 3% of gross salary), and employee contribution rate options (3%, 4%, 6%, 8%, or 10%).
The health and safety section must explain the employer's duties as a PCBU under the HSWA 2015, employee duties under section 28, the hazard and incident reporting procedure, and ACC coverage under the Accident Compensation Act 2001.
The disciplinary and grievance procedures section must describe a process that is consistent with the good faith obligations of the ERA and the principles of natural justice, including the right to a support person, the right to respond to allegations before a decision is made, and information about the personal grievance process (90-day time limit under section 114 of the ERA, 12 months for sexual harassment) and free mediation through MBIE. The forms-legal.com Employee Handbook (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Employee Handbook (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/business/policies/employee-handbook-new-zealand
"Employee Handbook (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/business/policies/employee-handbook-new-zealand.
@misc{formslegal-employee-handbook-new-zealand,
author = {{Forms Legal}},
title = {Employee Handbook (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/business/policies/employee-handbook-new-zealand}},
note = {Free legal document template. Based on Employment Relations Act 2000}
}
Frequently Asked Questions
There is no specific legal requirement under the Employment Relations Act 2000 (ERA) or any other New Zealand legislation to have a written employee handbook. However, it is strongly recommended as a established standards and provides significant practical and legal benefits. Under section 4 of the ERA, both employers and employees are bound by a duty of good faith, which includes being active and constructive in establishing and maintaining a productive employment relationship and being transparent about workplace expectations and policies. A well-drafted employee handbook helps discharge this obligation by clearly communicating the employer's workplace policies, procedures, and expectations to all employees. In employment disputes before the Employment Relations Authority or Employment Court, an employer who can demonstrate that an employee was given clear written policies relevant to the dispute (such as a disciplinary policy or a code of conduct) is in a stronger position than one who cannot. The handbook also helps require that workplace policies comply with the ERA, the Holidays Act 2003, the Health and Safety at Work Act 2015 (HSWA), the Human Rights Act 1993, the Privacy Act 2020, and the KiwiSaver Act 2006.
A New Zealand employee handbook must accurately reflect the minimum leave entitlements under the Holidays Act 2003, which cannot be reduced by any employment agreement or policy. The minimum statutory entitlements are: (1) Annual leave: at least 4 weeks (20 working days) of paid annual leave per year after 12 months of continuous employment (section 16); (2) Sick leave: 10 days of paid sick leave per year after 6 months of continuous employment, with unused sick leave carrying over up to 20 days maximum (section 65); (3) Bereavement leave: 3 days of paid leave for the death of a close family member (spouse, partner, parent, child, sibling, grandparent, grandchild, or spouse's parent) and 1 day for others where the employer accepts that a bereavement has occurred (sections 69-70); (4) Public holidays: a paid day off for each of the 11 recognised public holidays (plus applicable regional anniversary days), with time-and-a-half pay and an alternative holiday if required to work (section 44); (5) Family violence leave: 10 days of paid family violence leave per year from the first day of employment (sections 72A-72H); (6) Parental leave: primary carer leave of up to 26 weeks plus government-funded payments under the Parental Leave and Employment Protection Act 1987. Handbooks should also address the KiwiSaver Act 2006 employer contribution obligations (minimum 3% of gross salary).
Under the Health and Safety at Work Act 2015 (HSWA), New Zealand employers are classified as Persons Conducting a Business or Undertaking (PCBUs) and have a primary duty to ensure, so far as is reasonably practicable, the health and safety of workers while at work. This includes providing and maintaining a safe work environment, safe plant and structures, adequate welfare facilities, and ensuring that workers receive appropriate information, training, instruction, and supervision to carry out work safely. An employee handbook should set out: the employer's health and safety policy and commitment; the name and contact details of the health and safety officer or representative; the procedure for reporting hazards, near misses, and incidents (including the requirement to notify WorkSafe New Zealand of serious injuries, illnesses, and incidents under sections 23-25 of the HSWA); the employee's duties under section 28 of the HSWA to take reasonable care for their own health and safety and that of others; the right to refuse unsafe work under section 83 of the HSWA; and information about ACC (Accident Compensation) coverage under the Accident Compensation Act 2001, which provides no-fault personal injury cover for all workplace and non-workplace accidents.
A New Zealand employee handbook should set out a disciplinary procedure that is consistent with the duty of good faith under section 4 of the Employment Relations Act 2000 (ERA) and the principles of natural justice. Under the ERA, an employer must follow a fair and reasonable process before taking any disciplinary action, including dismissal. This means: (1) advising the employee of the concerns or allegations in writing before any meeting; (2) giving the employee sufficient information to understand and respond to the allegations; (3) giving the employee a reasonable opportunity to respond, including the right to have a support person present at any disciplinary meeting; (4) genuinely considering the employee's response before making a decision; and (5) advising the employee of the outcome and the reasons for it. The handbook should also explain that employees who believe they have been unjustifiably dismissed or disadvantaged may raise a personal grievance under section 103 of the ERA within 90 days of the act or omission giving rise to the grievance (or within 12 months for sexual harassment claims under section 114). Employees should be made aware that free employment mediation services are available through the Ministry of Business, Innovation and Employment (MBIE) to help resolve employment relationship problems.
Not automatically. Under New Zealand employment law, an employee handbook will only form part of the employment contract if it is expressly incorporated by reference in the individual employment agreement (IEA) and the relevant provisions are sufficiently certain to be contractual terms. Under section 65 of the Employment Relations Act 2000, an IEA must be in writing, and any variation to the IEA must also be in writing and signed by both parties. Most handbook policies — such as disciplinary procedures, dress codes, social media policies, and general conduct standards — are treated as policies of general application that the employer can update from time to time after consulting with employees in good faith. However, provisions conferring specific enforceable entitlements (such as specific bonus arrangements or enhanced leave above the statutory minimum) may acquire contractual force if they are sufficiently certain and are intended to be binding. Employers should be clear in both the handbook and the IEA about which policies are contractual and which are general policies subject to change. The handbook should also state explicitly that it does not reduce any entitlement under the Holidays Act 2003, the ERA, or any other applicable legislation.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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