Internship Agreement (New Zealand)
Employment Relations Act 2000 — Internship and Work Placement Agreement
This Internship and Work Placement Agreement (the “Agreement”) is made on [Agreement Date] between:
[Host Organisation Name] (NZBN: [Host Organisation NZBN]), of [Host Address], [Host City], [Host Region] [Host Postcode] (the “Host Organisation”); and
[Intern Name], of [Intern Address], [Intern City], [Intern Region] [Intern Postcode] (the “Intern”).
The Host Organisation and the Intern are referred to collectively as the “Parties”.
BACKGROUND
A. The Intern is enrolled in the [Course Name] ([Course Code]) at [Institution Name] (the “Educational Institution”). The course requires the Intern to complete a work placement of [Total Hours] hours as a component of the course.
B. The Host Organisation is willing to host the Intern for a work placement for the purpose of satisfying this course requirement, on the terms and conditions set out in this Agreement.
C. The Parties intend this Agreement to constitute a genuine educational work placement, not an employment relationship under the Employment Relations Act 2000 (ERA). The Parties acknowledge that if an employment relationship is found to exist, the ERA, Minimum Wage Act 1983, and Holidays Act 2003 will apply.
1. NATURE OF ARRANGEMENT
1.1 This Agreement creates an educational work placement arrangement. The parties intend that no employment relationship is created by this Agreement, and that the Intern is not an employee of the Host Organisation for the purposes of the Employment Relations Act 2000.
1.2 This Agreement is entered into for the educational benefit of the Intern. The primary purpose of the placement is to provide the Intern with practical work experience as a component of their course of study at the Educational Institution.
1.3 The Parties acknowledge that under section 6 of the Employment Relations Act 2000, the existence of an employment relationship is determined by the real nature of the relationship, and that the label given to the arrangement does not determine its legal character. If the substance of the arrangement constitutes an employment relationship, the ERA and related legislation will apply.
1.4 If the placement goes beyond the hours or period required by the Educational Institution’s course requirements, or if the Intern performs productive work that displaces an employee of the Host Organisation, the arrangement may become an employment relationship. In that event, the Host Organisation acknowledges its obligations under the ERA 2000 and Minimum Wage Act 1983.
2. EDUCATIONAL INSTITUTION AND COURSE
2.1 Educational Institution: [Institution Name]
2.2 Course: [Course Name] ([Course Code])
2.3 Institution Contact: [Institution Contact Name] ([Institution Contact Email])
2.4 The Intern acknowledges that this placement must satisfy the requirements of the Educational Institution and agrees to comply with any conditions imposed by the Educational Institution in relation to the placement.
3. PLACEMENT PERIOD
3.1 The placement commences on [Placement Start Date] and concludes on [Placement End Date].
3.2 The Intern will attend the Host Organisation’s workplace for approximately [Hours Per Week], for a total of [Total Hours] as required by the course.
3.3 The Intern is entitled to take New Zealand public holidays under the Holidays Act 2003 that fall during the placement period.
3.4 The Host Organisation may end the placement at any time if the Intern fails to comply with this Agreement, the Host Organisation’s policies, or their obligations under the Health and Safety at Work Act 2015.
4. LEARNING OBJECTIVES AND ACTIVITIES
4.1 The Intern is expected to achieve the following learning objectives during the placement:
[Learning Objectives]
4.2 The work and activities the Intern will undertake to achieve these learning objectives include:
[Work Description]
4.3 The activities and tasks assigned to the Intern will be designed to support their achievement of the learning objectives and their course requirements. The Host Organisation will not use the Intern to replace an employee or to perform work that would ordinarily be performed by a paid employee as their primary function.
5. SUPERVISION
5.1 The Intern will be supervised by [Supervisor Name], [Supervisor Title] (the “Placement Supervisor”) or a suitably qualified delegate.
5.2 Supervision arrangements: [Supervision Arrangements]
5.3 The Placement Supervisor will provide the Educational Institution with any required progress reports or assessment forms within the timeframes required by the institution.
6. HEALTH AND SAFETY
6.1 The Host Organisation is a Person Conducting a Business or Undertaking (PCBU) under the Health and Safety at Work Act 2015 (HSWA). As a person carrying out work for the Host Organisation, the Intern is a ‘worker’ to whom the Host Organisation owes a primary duty of care under the HSWA, regardless of payment status.
6.2 The Host Organisation must: (a) ensure, so far as is reasonably practicable, the health and safety of the Intern while they carry out work at the Host Organisation’s workplace; (b) provide the Intern with a safe working environment and adequate facilities; (c) provide appropriate information, training, instruction, and supervision to protect the Intern from risks to their health and safety; and (d) ensure the Intern has access to first aid facilities.
6.3 The Intern must: (a) take reasonable care for their own health and safety; (b) take reasonable care that their acts or omissions do not adversely affect the health and safety of others; (c) comply with any reasonable instruction given by the Host Organisation for the purpose of compliance with the HSWA; and (d) cooperate with any reasonable health and safety policy or procedure of the Host Organisation.
6.4 Accident Compensation: Under the Accident Compensation Act 2001 (ACC Act), all persons in New Zealand are covered by the ACC scheme for personal injury by accident, regardless of fault. The Intern acknowledges that the ACC scheme replaces any right to sue for compensatory damages for personal injury covered by the scheme.
7. GENERAL PROVISIONS
7.1 Conduct. The Intern must comply with all policies, procedures, codes of conduct, and directions of the Host Organisation during the placement, including any social media, IT, and privacy policies.
7.2 Intellectual Property. Any work product created by the Intern in the course of the placement is owned by the Host Organisation, unless otherwise agreed in writing. The Intern retains ownership of any pre-existing intellectual property brought into the placement.
7.3 Privacy. The Host Organisation will handle any personal information of the Intern in accordance with the Privacy Act 2020 and the Information Privacy Principles. The Intern consents to the Host Organisation sharing information about their placement performance with the Educational Institution for assessment and course completion purposes.
7.4 Governing Law. This Agreement is governed by the laws of New Zealand. The Parties submit to the jurisdiction of the Employment Relations Authority and the courts of New Zealand sitting in [Governing Region] for any disputes arising under this Agreement.
7.5 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the placement and supersedes all prior representations, discussions, and agreements.
7.6 Amendments. This Agreement may only be amended by written agreement signed by both Parties and, where required, approved by the Educational Institution.
EXECUTED as an agreement on the date first written above.
HOST ORGANISATION
[Host Organisation Name]
NZBN: [Host Organisation NZBN]
Placement Supervisor: [Supervisor Name], [Supervisor Title]
Address: [Host Address], [Host City], [Host Region] [Host Postcode]
INTERN
[Intern Name]
Email: [Intern Email]
Address: [Intern Address], [Intern City], [Intern Region] [Intern Postcode]
Course: [Course Name] — [Institution Name]
Host Organisation (Authorised Representative)
________________
Signature
Intern
________________
Signature
What Is a Internship Agreement (New Zealand)?
An Internship Agreement 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 legal framework governing internships in New Zealand is significantly different from Australia, the United Kingdom, or the United States. New Zealand does not have a specific statutory exemption for 'vocational placements' equivalent to section 12 of Australia's Fair Work Act 2009. Instead, the Employment Relations Act 2000 (ERA) applies to all employment relationships, and the existence of an employment relationship is determined by the real nature of the arrangement under section 6 of the ERA. This means the label the parties give the arrangement — 'internship', 'work experience', or 'placement' — does not determine whether an employment relationship exists. What matters is the substance of the arrangement: the degree of control, the nature of the work performed, and whether the arrangement bears the hallmarks of an employment relationship.
The Minimum Wage Act 1983 requires all employees to be paid at least the adult minimum wage. If an internship arrangement constitutes an employment relationship under the ERA, the intern must be paid accordingly, regardless of any agreement to the contrary. This means organisations must be cautious about structuring internships in ways that could be characterised as employment.
A genuine educational placement — where the intern is performing work as a required component of an authorised course at a university, polytechnic, wānanga, or private training establishment, and the arrangement is primarily for the educational benefit of the intern rather than the productive benefit of the organisation — is more likely to be regarded as non-employment. However, even genuine educational placements must comply with the Health and Safety at Work Act 2015 (HSWA), which applies to all PCBUs (Persons Conducting a Business or Undertaking) and their workers — a category that includes unpaid students and interns.
The Accident Compensation Act 2001 (ACC) provides no-fault personal injury cover to all persons in New Zealand, including interns and students, regardless of employment status. This is an important protection for interns undertaking placements in New Zealand.
When Do You Need a Internship Agreement (New Zealand)?
A written Internship Agreement is needed whenever a New Zealand organisation or business agrees to host a student or intern on a work placement. Without a written agreement, the rights and obligations of both the host organisation and the intern are unclear, creating legal and practical risks for both parties.
The agreement is appropriate for hosting students from New Zealand universities (University of Auckland, Victoria University of Wellington, University of Canterbury, University of Otago, and others), polytechnics, wānanga (Te Wānanga o Aotearoa, Te Whare Wānanga o Awanuiārangi), and private training establishments on placements required by their course. Common examples include law students on practical legal training placements, engineering students on industry placements, nursing and allied health students on clinical placements, education students on teaching practica, business and commerce students on internships required by their degree, and journalism and media students on newsroom placements.
For host organisations, the agreement is essential because it: documents the educational nature of the arrangement to support a finding that no employment relationship exists; sets out the host's health and safety obligations to the intern under the HSWA 2015; establishes supervision and performance expectations; protects confidential business and client information through confidentiality obligations; and creates a clear record of the arrangement for compliance, insurance, and HR purposes.
For interns and students, the agreement is important because it: confirms the agreed learning objectives and activities; identifies the supervisor and supervision arrangements; clarifies insurance and ACC coverage; and provides a written record of the placement for their portfolio and employment history.
New Zealand universities and polytechnics typically require a written placement agreement before a student commences a work-integrated learning placement. Many professional bodies — including the New Zealand Law Society (for Admission to the Bar), Engineers New Zealand, and health professional bodies — also require evidence of supervised work experience documented in writing.
What to Include in Your Internship Agreement (New Zealand)
A well-drafted New Zealand Internship Agreement must address several key elements that are specific to the New Zealand legal framework.
The nature-of-arrangement clause is the most critical element. Because New Zealand law does not have a specific vocational placement exemption, the agreement must clearly document why the parties intend this not to be an employment relationship and why the arrangement is genuinely educational in nature. The clause should acknowledge that under section 6 of the Employment Relations Act 2000, the real nature of the relationship determines its legal character, and that if an employment relationship is found to exist, the ERA and Minimum Wage Act 1983 will apply.
The educational institution and course details are essential to establishing the genuine educational nature of the placement. The agreement should identify the institution, the course, and the specific subject or unit that requires the placement. This helps demonstrate that the placement has an educational purpose beyond merely providing free labour to the organisation.
Learning objectives and activities must be documented specifically. The agreement should set out what the intern is expected to learn, what tasks they will undertake, and how those tasks are designed to achieve the learning objectives. The activities should be primarily educational rather than productive — the intern should not be performing work that would otherwise be performed by a paid employee as their primary function.
Supervision arrangements must be clearly specified. The agreement should name the placement supervisor, describe the supervision structure, and commit the supervisor to providing regular feedback and completing any required institutional assessment forms.
Health and safety obligations under the HSWA 2015 must be addressed. The agreement should acknowledge the host organisation's duties as a PCBU, commit to providing a safe workplace and induction, and set out the intern's corresponding duties. WorkSafe New Zealand enforces HSWA compliance and can investigate incidents involving unpaid interns.
ACC coverage should be addressed. The agreement should confirm that all persons in New Zealand are covered by the ACC scheme for personal injury by accident under the Accident Compensation Act 2001, and explain what this means for the intern's rights if they are injured during the placement.
Privacy obligations under the Privacy Act 2020 must be addressed where the intern will handle personal information about clients, customers, or colleagues. The intern must be informed of the organisation's privacy obligations and agree to comply with them during the placement. The forms-legal.com Internship Agreement (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). Internship Agreement (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/employment/contracts/internship-agreement-new-zealand
"Internship Agreement (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/employment/contracts/internship-agreement-new-zealand.
@misc{formslegal-internship-agreement-new-zealand,
author = {{Forms Legal}},
title = {Internship Agreement (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/employment/contracts/internship-agreement-new-zealand}},
note = {Free legal document template. Based on Employment Relations Act 2000}
}
Frequently Asked Questions
In New Zealand, an unpaid internship is lawful only if no employment relationship exists within the meaning of section 6 of the Employment Relations Act 2000 (ERA). Section 6 of the ERA requires courts to determine the real nature of a relationship by looking at all relevant matters, not merely the label the parties give it. If an intern is in truth an employee — performing work for the organisation in the same way an employee would, subject to the organisation's direction and control — then the intern must be paid at least the adult minimum wage under the Minimum Wage Act 1983. The ERA does not have a specific 'vocational placement' exemption equivalent to Australia's Fair Work Act. Unpaid placements that form a genuine part of an authorised course of study at a New Zealand educational institution (university, polytechnic, wānanga, or private training establishment) may be lawful where the arrangement is truly educational and not a disguised employment relationship. Organisations should seek legal advice before engaging unpaid interns, particularly where the intern performs productive work that benefits the organisation.
Under the Health and Safety at Work Act 2015 (HSWA), a host organisation that is a Person Conducting a Business or Undertaking (PCBU) owes a primary duty to ensure, so far as is reasonably practicable, the health and safety of workers while at work. The HSWA defines 'worker' broadly to include employees, contractors, and any person who performs work in any capacity for the PCBU — this includes unpaid interns and students on placement. This means host organisations owe the same health and safety duties to unpaid interns as they do to paid employees, including: providing a safe working environment and safe plant and structures; providing adequate information, training, instruction, and supervision; ensuring appropriate facilities are available; and carrying out risk assessments for the intern's role. WorkSafe New Zealand enforces HSWA obligations and may investigate workplace incidents involving interns. Failure to comply with the primary duty of care can result in substantial penalties under the HSWA, including fines of up to NZD $3 million for an organisation.
Yes. The Accident Compensation Act 2001 (ACC Act) provides no-fault personal injury cover to all persons in New Zealand, including interns and students on work placement, regardless of whether they are paid or whether they are in an employment relationship. ACC coverage applies to personal injury caused by accident, a work-related gradual process disease, or occupational disease. Under the ACC scheme, an injured intern cannot sue the host organisation for compensatory damages for personal injury covered by the scheme. Instead, they are entitled to ACC benefits, including medical treatment, weekly compensation for lost income (if they have earnings), and rehabilitation support. Host organisations pay levies to ACC to fund the scheme. An intern who is treated as an employee (and thus has earnings) will receive weekly compensation based on their earnings if injured. An unpaid intern may not be entitled to weekly compensation for lost income but will still receive ACC-funded medical treatment and rehabilitation.
Yes. Confidentiality obligations in an internship agreement are enforceable under New Zealand contract law and are common in professional services, legal, healthcare, and technology placements where the intern will have access to confidential client information, trade secrets, or proprietary systems. The obligations will be enforceable to the extent that they are reasonable and clearly defined. Confidentiality obligations cannot prevent the intern from using general skills and knowledge acquired during the placement in their future career, and they cannot prevent the intern from reporting illegal conduct or a breach of health and safety obligations to WorkSafe New Zealand or other authorities. The Privacy Act 2020 and the 13 Information Privacy Principles impose additional obligations on host organisations that handle personal information, including ensuring that interns who handle personal information about clients or customers are aware of and comply with the organisation's privacy obligations.
If an internship arrangement is found to constitute an employment relationship under section 6 of the Employment Relations Act 2000, the intern will be treated as an employee and the full suite of ERA obligations will apply. This means the host organisation must: pay at least the adult minimum wage under the Minimum Wage Act 1983 (currently NZD $23.15 per hour as at April 2024); provide holiday pay (4 weeks annual leave under the Holidays Act 2003), sick leave (10 days per year after 6 months), and all other Holidays Act entitlements; make KiwiSaver employer contributions of at least 3% under the KiwiSaver Act 2006; provide a written employment agreement under section 65 of the ERA; deduct PAYE under the Income Tax Act 2007; and comply with all other ERA obligations including the duty of good faith, personal grievance processes, and notice of termination. The intern may also be able to raise a personal grievance for unjustified dismissal or disadvantage. The Employment Relations Authority has powers to order back-pay, penalties, and compensation where an employment relationship has been mischaracterised.
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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