Volunteer Agreement (New Zealand)

A Volunteer Agreement in New Zealand sets the commercial terms and each party's obligations for the arrangement, consistent with the Employment Relations Act 2000.

The distinction between a volunteer and an employee is legally significant in New Zealand. The Employment Relations Act 2000 provides extensive protections for employees, including minimum wages under the Minimum Wage Act 1983, annual leave and sick leave under the Holidays Act 2003, KiwiSaver contributions under the KiwiSaver Act 2006, and protection against unjustified dismissal. A genuine volunteer who contributes their time without expectation of payment is not entitled to these statutory entitlements. Organisations must structure volunteer arrangements correctly: if an arrangement is found to constitute employment, the organisation may face liability for unpaid wages, holiday pay, KiwiSaver contributions, and other entitlements.

A Volunteer Agreement is a best-practice document recommended by Volunteering New Zealand, the charitable sector's peak body, and by the Charities Act 2005 registration framework for organisations that rely on volunteer contributions. It helps both parties understand expectations, reduces the risk of disputes, and provides a professional framework for managing the volunteering relationship.

New Zealand Volunteer Agreements must address the requirements of the Health and Safety at Work Act 2015 (HSWA). Under the HSWA, an organisation that is a PCBU (Person Conducting a Business or Undertaking) owes a primary duty of care to all workers — and section 19(2) of the HSWA explicitly includes volunteers in the definition of 'worker'. This means HSWA obligations extend to volunteers by statute, which is a key distinction in New Zealand law.

New Zealand is also distinctive in that all persons, including volunteers, are covered by the Accident Compensation Corporation (ACC) scheme under the Accident Compensation Act 2001, which provides no-fault personal injury cover. This means volunteers who are injured while volunteering are entitled to ACC-funded medical treatment and rehabilitation, regardless of fault, but cannot sue the organisation for compensatory damages for personal injury covered by the scheme.

Privacy considerations are governed by the Privacy Act 2020 and the 13 Information Privacy Principles, which apply to organisations that collect and handle personal information about volunteers and those they serve.

A Volunteer Agreement is appropriate whenever a New Zealand organisation — whether a registered charity, incorporated society, charitable trust, unincorporated association, school, hospital, marae, or community group — engages an individual to carry out activities on a voluntary basis. Volunteering New Zealand recommends a written agreement as established standards for all formal volunteer engagements.

A Volunteer Agreement is needed when a community organisation engages volunteers for activities such as food banks, community events, mentoring programmes, conservation work, emergency response volunteering, working in an op shop, coaching sports teams, assisting at marae, or any other unpaid community activity. The agreement helps confirm the arrangement is clearly voluntary and protects both parties from misunderstandings.

A Volunteer Agreement is particularly important where the volunteer will work with children or young people. Under the Children's Act 2014, specified organisations must conduct safety checks — including Police vetting — for all children's workers, including volunteers in children's worker roles. The Volunteer Agreement should document the safety checking requirements applicable to the role and confirm that the volunteer has been checked before commencing work with children.

Health and safety requirements make a Volunteer Agreement essential for any physical or semi-physical role. Since volunteers are workers under the Health and Safety at Work Act 2015, the PCBU owes them a primary duty of care. The agreement should document the organisation's HSWA commitments, the volunteer's corresponding duties, and the ACC coverage available to the volunteer under the Accident Compensation Act 2001.

Where volunteers will handle personal information about clients, beneficiaries, donors, or community members, the Privacy Act 2020 implications make it important to document privacy obligations. Volunteers acting as agents of the organisation must handle personal information in accordance with the 13 Information Privacy Principles.

For roles involving access to confidential organisational, commercial, or strategic information, a confidentiality clause protects the organisation's sensitive information even though the volunteer is not an employee.

A well-drafted New Zealand Volunteer Agreement should contain several key provisions that protect both the organisation and the volunteer while establishing that the arrangement is voluntary and does not create an employment relationship.

The non-employment statement is the single most important provision. It must clearly and prominently state that the agreement does not create an employment agreement or contract for services under the Employment Relations Act 2000, does not entitle the volunteer to minimum wages under the Minimum Wage Act 1983, holiday pay under the Holidays Act 2003, KiwiSaver contributions, or any other statutory employment entitlements. This clause is essential for protecting the organisation from ERA liability.

The role description should set out the volunteer's expected duties, the location of the activities, and the anticipated start date. The time commitment should be described as an indication rather than a requirement, since mandating specific hours could be evidence of an employment relationship.

The expense reimbursement clause must be carefully drafted. It should limit reimbursement to genuine out-of-pocket expenses supported by receipts, specifying the categories covered (such as public transport fares, mileage at current IRD rates, parking, and meal costs). Paying any amount that exceeds actual costs — including flat-rate stipends — may constitute wages and could trigger ERA obligations.

The health and safety clause is legally required by virtue of the HSWA 2015 and should set out the PCBU's duty of care to the volunteer, commit to risk assessments, training, and supervision, and set out the volunteer's duties. It should also address ACC coverage under the Accident Compensation Act 2001.

The background checks clause is essential where the volunteer will work with children or vulnerable persons. It should specify the type of check required under the Children's Act 2014 (Police vetting or children's worker safety check) and the process for obtaining the check.

The privacy clause must reference the Privacy Act 2020 and the Information Privacy Principles, explain how the volunteer's personal information will be used, and set out the volunteer's obligations when handling personal information about others.

The termination clause confirms that either party may end the arrangement at any time without notice or liability, which is fundamental to preserving the voluntary nature of the relationship and preventing the arrangement from being characterised as employment. The forms-legal.com Volunteer Agreement (New Zealand) provides a ready-to-use template that meets New Zealand legal requirements.