Nanny Contract (New Zealand)

A Nanny Contract (New Zealand) is a written individual employment agreement between a family (the employer) and a nanny (the employee) that sets out the terms and conditions of the nanny's employment in accordance with the Employment Relations Act 2000 (ERA 2000). New Zealand law treats a nanny employed by a private household as an employee in virtually every case, making a written employment agreement a statutory requirement under section 54 of the ERA 2000 — not merely a best-practice recommendation.

The Employment Relations Act 2000 is the primary statute governing nanny employment in New Zealand. It requires every employer to provide a written individual employment agreement before work commences, to bargain in good faith, and to comply with minimum employment standards. The ERA 2000 grants employees the right to raise personal grievances — including claims of unjustified dismissal and unjustified disadvantage — with the Employment Relations Authority (ERA). Nanny employment disputes in New Zealand are heard by the ERA in the first instance, with appeals to the Employment Court and, on questions of law, to the Court of Appeal.

The Holidays Act 2003 governs all leave entitlements for nannies employed in New Zealand, including four weeks of annual holidays after 12 months of continuous employment, five days of sick leave per year, and 11 public holidays. The Minimum Wage Act 1983 sets the minimum hourly wage, which is reviewed annually by the Minister for Workplace Relations and Safety and applies to all nannies regardless of the terms agreed in the contract. As at 2024, the adult minimum wage in New Zealand is NZD $23.15 per hour.

The family, as employer, is responsible for deducting PAYE (Pay As You Earn) income tax from the nanny's wages and remitting it to Inland Revenue (IRD) each pay period. The family must also make KiwiSaver employer contributions at a minimum rate of 3% of the nanny's gross earnings under the KiwiSaver Act 2006. Accurate payroll records must be maintained and retained for at least seven years under the Tax Administration Act 1994. IRD's myIR portal provides tools for managing payroll obligations for household employers.

The Health and Safety at Work Act 2015 (HSWA 2015) applies to the employment of nannies in private homes. The family, as a Person Conducting a Business or Undertaking (PCBU), must requires the nanny's health and safety while at work so far as is reasonably practicable under section 36 of the HSWA 2015. The Privacy Act 2020, administered by the Office of the Privacy Commissioner, governs the family's handling of the nanny's personal information collected during the employment relationship.

Under section 65 of the Employment Relations Act 2000, every individual employment agreement must contain: the names of the employer and employee; a description of the work; the place of work; agreed hours or arrangements relating to hours; and the wage or salary payable. Under section 6 of the ERA 2000, the Employment Relations Authority (ERA) and Employment Court assess the real nature of the relationship to determine whether a person is an employee or contractor. Under the Minimum Wage Act 1983, reviewed annually by the Minister for Workplace Relations and Safety, no nanny may be paid below the adult minimum wage. Under the KiwiSaver Act 2006, the family must make employer contributions at a minimum 3% rate. Under section 67A of the Employment Relations Act 2000, a 90-day trial period may be included for employers with fewer than 20 staff. The forms-legal.com Nanny Contract (New Zealand) provides a legally compliant template covering all ERA 2000 requirements for individual employment agreements, including minimum content obligations under section 65, good faith provisions, trial period clauses, and leave entitlements under the Holidays Act 2003.

A Nanny Contract is needed in New Zealand whenever a family employs a nanny, au pair, childminder, or live-in carer on a paid basis to care for their children in the family home. Under section 54 of the Employment Relations Act 2000, providing a written individual employment agreement before work commences is a legal obligation — not optional.

New nanny hire: Any time a family engages a new nanny, the written contract must be provided and signed before the nanny's first day of work. The ERA 2000 requires the employer to give the employee a reasonable opportunity to seek independent advice about the proposed agreement before signing. A nanny engaged without a written agreement exposes the family to penalties from the Employment Relations Authority and leaves both parties without a documented record of agreed terms.

Changing an existing arrangement: When an existing informal or verbal arrangement is formalised, or when hours, duties, pay, or working arrangements change significantly, a new or amended written agreement should be prepared. Variations to individual employment agreements must be made by written agreement under section 113 of the ERA 2000 — the employer cannot unilaterally change employment terms.

Live-in nanny or au pair arrangements: Where a nanny lives in the family home, the contract must clearly address accommodation arrangements, any board and lodging deduction from wages (subject to limits under the Minimum Wage Act 1983 and associated regulations), private use of family facilities, and privacy expectations for both parties under the Privacy Act 2020.

Holiday or casual cover: Families engaging a nanny for holiday cover or casual work during school holidays should use a written agreement specifying the fixed term or casual nature of the engagement, the agreed hours, and the pay rate. Fixed-term employment agreements must comply with section 66 of the ERA 2000, which requires a genuine reason based on reasonable grounds for fixing the term.

Nanny-share arrangements: Where two families share one nanny, each family must enter into a separate written employment agreement with the nanny, as each family is a separate employer with independent obligations under the ERA 2000. The nanny's total working hours across both families must not breach the agreed hours in either agreement or the Minimum Wage Act 1983 rates. A clear nanny contract — aligned with the Holidays Act 2003 and the ERA 2000 — protects both the family and the nanny by preventing misunderstandings about duties, pay, leave, and behaviour expectations.

A compliant New Zealand Nanny Contract under the Employment Relations Act 2000 must include all minimum content required by section 65 of the ERA 2000, plus practical provisions specific to in-home childcare employment.

Employer and employee details: The full legal name and address of the family (employer) and the nanny (employee). The agreement must identify both parties clearly, as this determines who the ERA 2000 obligations apply to.

Job title and duties: A clear description of the nanny's role — including care of children of specified ages, domestic tasks (meal preparation, school runs, light housework), and any additional responsibilities — prevents disputes about scope of role. Under the ERA 2000, the employer must not require the employee to perform duties not reasonably related to the agreed role without agreement.

Work location and hours: The address of the family home where work is performed, the agreed weekly hours, the regular working days, start and finish times, and provisions for overtime or additional hours. Section 67 of the ERA 2000 requires the agreement to include the agreed hours or an indication of the arrangements relating to hours of work.

Wage or salary: The agreed hourly rate in NZD, confirmation it meets or exceeds the Minimum Wage Act 1983 adult minimum wage, the pay period (weekly, fortnightly), and the method of payment. PAYE deductions and KiwiSaver employer contributions at 3% under the KiwiSaver Act 2006 must be stated.

Leave entitlements: Four weeks annual holidays under the Holidays Act 2003 (after 12 months), five days sick leave per year, 11 public holidays, and three days bereavement leave. The agreement should state how annual leave is taken and how payment during leave is calculated under the Holidays Act 2003 formula.

Trial period clause: Where the family employs fewer than 20 employees, a 90-day trial period clause may be included under section 67A of the ERA 2000, specifying that the employee may be dismissed during the trial without an unjustified dismissal claim. The clause must be agreed in writing before work commences.

Confidentiality: An obligation on the nanny to keep family information, children's details, and household matters confidential, both during and after employment. This is particularly important given the intimate access a nanny has to the family home and the children's personal information, protected under the Privacy Act 2020.

Live-in arrangements (if applicable): Where the nanny lives in the family home, the agreement should address the accommodation provided, any board deduction from wages (subject to Minimum Wage Act 1983 limits), private living space, use of household facilities, and boundaries around personal time.

Behaviour and conduct expectations: The family's expectations regarding conduct around children, mobile phone use during working hours, social media restrictions, and standards of care.

Termination and notice: The notice period required to end the employment by either party, the process for summary dismissal for serious misconduct under the ERA 2000, and redundancy provisions if the family relocates, downsizes, or no longer requires childcare.

Dispute resolution: Reference to the Employment Relations Act 2000 problem resolution process — including mediation through the Ministry of Business, Innovation and Employment (MBIE) and the Employment Relations Authority (ERA) — as the forum for resolving employment relationship problems. Under section 114 of the ERA 2000, personal grievances must be raised within 90 days of the action giving rise to the grievance. The Employment Court of New Zealand hears appeals from ERA determinations. The forms-legal.com Nanny Contract (New Zealand) provides a ready-to-use, ERA 2000-compliant template covering all of these elements for New Zealand families.