Employment Offer Letter (New Zealand)
Formal job offer prior to employment agreement
Offer Letter Header
[Employer Name] [Employer Address]
Date: [Offer Date]
[Candidate Name] [Candidate Address] [Candidate Email]
EMPLOYMENT OFFER LETTER
Dear [Candidate Name], We are pleased to offer you employment with [Employer Name] (the "Company") on the following terms and conditions. This offer is subject to your execution of a formal individual employment agreement as required under the Employment Relations Act 2000.
Position and Commencement
1. Position
Position: [Job Title] Department: [Department] Reporting To: [Reporting To] Work Location: [Work Location] Employment Type: [Employment Type] Ordinary Hours: [Hours Per Week] hours per week Proposed Start Date: [Start Date]
Remuneration
2. Remuneration
You will receive a remuneration of [Salary], paid [Pay Frequency]. This is subject to applicable PAYE deductions and KiwiSaver contributions as required under the KiwiSaver Act 2006. Additional Benefits: [Additional Benefits]
Conditions and Trial Period
3. Conditions of Offer
Offer Type: [Offer Type] This offer is subject to the following conditions being met to the Company's satisfaction: [Conditions] If any condition is not satisfied, the Company reserves the right to withdraw this offer.
4. Trial Period
Trial Period Applicable: [Trial Period] If applicable, your employment will be subject to a 90-day trial period commencing on your start date, as permitted under s.67A of the Employment Relations Act 2000. This will be set out in the employment agreement.
5. Leave Entitlements
You will be entitled to annual leave, sick leave, bereavement leave, and public holidays in accordance with the Holidays Act 2003, as set out in your employment agreement.
6. Employment Agreement
A formal individual employment agreement will be provided to you separately in accordance with s.63A of the Employment Relations Act 2000. You are encouraged to seek independent legal advice on its terms before signing. Please indicate your acceptance of this offer by signing and returning this letter by [Acceptance Deadline]. We look forward to you joining our team. Yours sincerely, [Signatory Name] [Signatory Title] [Employer Name]
For and on behalf of Employer
________________
Signature
Candidate Acceptance
________________
Signature
What Is a Employment Offer Letter (New Zealand)?
An Employment Offer Letter in New Zealand sets out the position, pay, start date, and conditions on which employment is offered and accepted, consistent with minimum entitlements under the Employment Relations Act 2000. It defines duties, remuneration, working hours, leave, and termination procedures binding employer and employee.
The Minimum Wage Act 1983 prescribes that remuneration stated in any New Zealand offer letter must meet the current adult minimum wage rate, which is reviewed annually and set by the Governor-General on recommendation of the Minister of Workplace Relations and Safety. The starting-out minimum wage and training minimum wage also apply to specific categories of workers. Stating a salary below these thresholds renders the offer voidable.
Holiday entitlements under the Holidays Act 2003 attach from the start of employment: employees accrue annual leave at a rate of 4 weeks per year under s. 16, with the entitlement becoming accessible after 12 months of continuous employment. New Zealand has 12 public holidays under Schedule 1 of the Holidays Act, including Waitangi Day (6 February), Anzac Day (25 April), and provincial anniversary days that vary by region. The offer letter should clarify whether the employer offers alternative holidays for worked public holidays as required under ss. 56–57 of the Act.
Parental leave rights under the Parental Leave and Employment Protection Act 1987 apply to employees with 6 months of continuous employment with the same employer. Primary carer leave of up to 26 weeks is available, funded by Inland Revenue Department (IRD) payments at the parental leave payment rate. Partner's leave of up to 2 weeks is also available. These statutory entitlements cannot be contractually excluded.
The ERA 2000 requires a written individual employment agreement (IEA) before the employee starts work under s. 63A. The offer letter precedes the IEA and must not substitute for it — employers who allow candidates to start work without a signed IEA face penalties of up to NZ$40,000 for companies under s. 65(4). For small employers with 19 or fewer workers, the 90-day trial period provision under s. 67A of the ERA 2000 allows termination during the trial without the employee bringing a personal grievance claim for unjustified dismissal.
The New Zealand Employment Offer Letter differs from Employment Contracts in New Zealand, which set out the full terms including grievance procedures, notice periods, and any specific workplace policies. Employers seeking to formalise performance expectations early may also reference the Employment Agreement for New Zealand as the document to follow.
When Do You Need a Employment Offer Letter (New Zealand)?
A New Zealand Employment Offer Letter is required whenever a New Zealand employer confirms a hiring decision and wishes to document the agreed commercial terms before the formal individual employment agreement (IEA) required by s. 63A of the Employment Relations Act 2000 is prepared and signed.
When making an offer subject to the 90-day trial period available to employers with 19 or fewer employees under s. 67A of the ERA 2000, the offer letter should reference this provision clearly, even though the trial period must ultimately appear in the signed IEA to be enforceable. The Employment Relations Authority (ERA) has held in cases such as Smith v Stokes Valley Pharmacy [2009] NZEmpC 60 that the trial period clause must be agreed before commencement of work and included in the written agreement signed prior to the start date.
When hiring a worker from outside New Zealand, the offer letter must be conditional on the candidate obtaining a valid visa authorising work under the Immigration Act 2009. The offer letter is commonly a required supporting document for a work visa application to Immigration New Zealand (INZ). Accredited employer work visa applications require the employer to be accredited with INZ under the Accredited Employer Work Visa (AEWV) scheme, and the offer letter must confirm that the role meets the median wage threshold.
When the role will be filled as a fixed-term position — for example, covering an employee on parental leave under the Parental Leave and Employment Protection Act 1987 — the offer letter must clearly identify the fixed-term nature and the genuine reason for the fixed term. Under s. 66 of the ERA 2000, fixed-term employment is only valid if the employer has genuine reasons based on reasonable grounds for specifying that the employment is to end on a stated date or at the occurrence of a stated event.
When filling a role in an industry regulated by the Commerce Commission under the Commerce Act 1986 or by a professional licensing body — such as medical practitioners registered with the Medical Council of New Zealand, or teachers registered with the Teaching Council of Aotearoa New Zealand — the offer must be conditional on confirmation of the required registration or licence, which must be current and not subject to restriction.
When offering employment to a person covered by the Vulnerable Workers provisions in Schedule 1A of the ERA 2000 — particularly in the cleaning, catering, and laundry sectors — the offer letter must include specific protections that attach on a business transfer.
What to Include in Your Employment Offer Letter (New Zealand)
A New Zealand Employment Offer Letter aligned with the Employment Relations Act 2000 and the Holidays Act 2003 must include the following components to meet good faith disclosure obligations and support the subsequent individual employment agreement.
Employer and candidate identification must use full legal names. For companies, the New Zealand Companies Office registration number (available on the Companies Register) should be included. For overseas companies operating in New Zealand, the NZBN (New Zealand Business Number) from the Companies Office identifies the entity correctly.
Remuneration disclosure must state the annual salary or hourly rate in New Zealand dollars (NZD), confirm that it meets or exceeds the applicable minimum wage under the Minimum Wage Act 1983, and specify the pay frequency (typically fortnightly in New Zealand). KiwiSaver obligations must be referenced: employees are automatically enrolled in KiwiSaver unless they opt out within 56 days, and the employer must contribute a minimum of 3% of gross earnings under the KiwiSaver Act 2006. The offer should specify whether the stated salary is inclusive or exclusive of the KiwiSaver employer contribution.
Leave entitlements must confirm: 4 weeks' annual leave under the Holidays Act 2003 s. 16; 12 public holidays including Waitangi Day and regional anniversary days; sick leave of 10 days per year after 6 months of continuous employment under s. 65 of the Holidays Act 2003 (as amended effective 24 July 2021 raising the entitlement from 5 to 10 days). Bereavement leave of 3 days for the death of a close family member under s. 69A of the Holidays Act 2003 must also be referenced.
Employment type and hours must specify whether the position is permanent full-time, permanent part-time, fixed-term, or casual. For fixed-term positions, the genuine reason for the fixed term must be stated as required by s. 66 of the ERA 2000. Ordinary hours and work location (or remote work arrangements) must be described.
Trial period reference must clearly state whether the employer has 19 or fewer employees and intends to include a 90-day trial period clause under s. 67A of the ERA 2000 in the forthcoming IEA. The offer letter cannot itself constitute the trial period agreement — only the signed IEA can activate the provision.
Conditions of offer must enumerate all conditions clearly: satisfactory reference checks; criminal history check through the Ministry of Justice where applicable; health assessment where required for the role; proof of right to work in New Zealand under the Immigration Act 2009; and any professional registration or licensing requirement.
The forms-legal.com New Zealand Employment Offer Letter template covers all ERA 2000 good faith disclosure requirements and includes a KiwiSaver enrolment notice field, a 90-day trial period reference option, and Holidays Act 2003 leave summary aligned with current statutory entitlements.
Acceptance deadline and next steps must specify the date by which acceptance is required, instruct the candidate to sign and return the letter, and confirm that the formal IEA will follow within the statutory timeframe required by s. 63A of the ERA 2000.
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Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Employment Offer Letter (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/employment/hr-forms/employment-offer-letter-new-zealand
"Employment Offer Letter (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/employment/hr-forms/employment-offer-letter-new-zealand.
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author = {{Forms Legal}},
title = {Employment Offer Letter (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/employment/hr-forms/employment-offer-letter-new-zealand}},
note = {Free legal document template. Based on Employment Relations Act 2000}
}Also available for these jurisdictions:
Frequently Asked Questions
An employment offer letter can create legally binding obligations in New Zealand depending on its content and how it is communicated. Under general contract law principles and the Employment Relations Act 2000 (ERA 2000), an offer accepted by a candidate may give rise to contractual rights even before a formal employment agreement is signed. If the offer letter is unconditional and accepted, the employer may face liability for withdrawing it without good cause. However, if the offer is expressed as conditional — for example, subject to satisfactory reference checks, background screening, or the candidate's right to work in New Zealand under the Immigration Act 2009 — the obligations do not crystallise until those conditions are met. To manage risk, employers should clearly state whether the offer is conditional or unconditional, specify all conditions and timeframes, and follow up promptly with a formal individual employment agreement as required under Part 6 of the ERA 2000.
While there is no legislative prescription for the exact contents of an offer letter in New Zealand, a well-drafted offer letter should include the employer's full legal name and contact details; the candidate's name; the job title and a brief description of the role; the proposed start date; the remuneration (annual salary or hourly rate in NZD, inclusive of any allowances); the employment type (permanent full-time, part-time, fixed-term, or casual); ordinary hours of work; the work location; any conditions of offer such as reference checks, health assessments, or proof of right to work; a reference to the employment agreement that will follow; and a deadline for acceptance. For employers with 19 or fewer employees, it is also advisable to reference whether a 90-day trial period under s.67A of the ERA 2000 will apply, though this must be formalised in the written employment agreement.
An employer can withdraw a job offer in New Zealand before it has been formally accepted, generally without legal consequences. However, once a candidate has accepted an unconditional offer, withdrawing it may expose the employer to claims for breach of contract or, if the person was already an employee, a claim of unjustified disadvantage under s.103A of the Employment Relations Act 2000. Where the offer is conditional, withdrawal is permissible if the conditions are not satisfied, provided the conditions are genuine and reasonable. It is important to communicate clearly and promptly. If the offer is withdrawn after acceptance and the person has already resigned from prior employment in reliance on the offer, damages may be awarded by the Employment Relations Authority or courts. Employers should document all communications and act in good faith at all times, consistent with s.4 of the ERA 2000.
Under s.63A of the Employment Relations Act 2000, an employer must provide a prospective employee with a copy of the proposed individual employment agreement, or a form of agreement that will be the basis for bargaining, before the employee starts work. The employee must be given a reasonable opportunity to seek independent advice on the terms of the agreement, and the employer must consider any issues raised. The employment agreement must be signed by both parties. Failure to comply with these obligations can result in a penalty of up to NZ$20,000 for an individual employer or NZ$40,000 for a company under s.65(4) of the ERA 2000. The offer letter is typically issued first to confirm the key commercial terms, followed promptly by the formal employment agreement. Employers should aim to provide the employment agreement as soon as the offer is accepted, allowing sufficient time for the employee to seek advice before their start date.
A Employment Offer Letter (New Zealand) does not legally require a lawyer in New Zealand, and individuals and businesses may draft and execute the document independently. The Employment Relations Act 2000 does not mandate legal representation for the creation or signing of this type of document. However, seeking independent legal advice from a qualified New Zealand lawyer is recommended for transactions involving substantial financial value, complex regulatory requirements, or cross-border elements where multiple legal jurisdictions may apply. A lawyer can verify that the document complies with all applicable statutory requirements, identify potential risks specific to the transaction, and confirm that the terms adequately protect the interests of all parties involved. The High Court of New Zealand has jurisdiction over disputes arising from this type of document, and Companies Office may impose additional compliance obligations depending on the nature of the underlying transaction. Professional legal review is particularly advisable where the document will be submitted to government agencies or used as evidence in legal proceedings.
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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