Flexible Working Request (New Zealand)
Formal request under the Employment Relations Act 2000 (as amended 2023)
Request Header
To: [Manager Name] [Employer Name]
From: [Employee Name] Position: [Employee Position] Department: [Department] Email: [Employee Email] Date: [Request Date]
FLEXIBLE WORKING REQUEST
I, [Employee Name], hereby make a formal request for flexible working arrangements under s.69AAA of the Employment Relations Act 2000 (as amended by the Employment Relations (Flexible Working) Amendment Act 2023).
Current and Proposed Arrangements
1. Type of Change Requested
[Change Type]
2. Current Working Arrangement
[Current Arrangement]
3. Proposed New Arrangement
[Proposed Arrangement] Proposed Start Date: [Proposed Start Date] Permanent or Temporary: [Permanent] Trial End Date (if applicable): [Trial End Date]
Reason and Impact
4. Reason for Request
[Reason For Request]
5. Potential Effect on Employer
[Employer Impact]
6. Proposed Management of Effect
[Mitigation Proposal]
7. Prior Requests
Number of flexible working requests made in the past 12 months: [Prior Requests] I understand that I may make up to two flexible working requests in any 12-month period under the Employment Relations Act 2000. I understand the employer must respond to this request in writing within 10 working days, and must consult with me before refusing the request on any of the prescribed grounds. Yours sincerely,
Employee
________________
Signature
Employer (for acknowledgement)
________________
Signature
What Is a Flexible Working Request (New Zealand)?
A Flexible Working Request 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.
When Do You Need a Flexible Working Request (New Zealand)?
A Flexible Working Request is needed whenever parties in New Zealand wish to formalize their arrangement regarding employment relationships, workplace rights, and HR administration. There are numerous situations in which this document becomes essential for protecting the interests of all involved parties. In the employment context, you will typically need a Flexible Working Request when hiring new employees, when changing the terms of existing employment arrangements, when addressing workplace issues, or when managing the departure of staff members. Employers in New Zealand have specific legal obligations regarding employment documentation and record-keeping. You should also consider using a Flexible Working Request when there has been a change in circumstances that affects an existing arrangement, when you need to comply with new regulatory requirements, when you wish to update outdated documentation, or when professional advisors recommend formalizing certain aspects of your affairs. In New Zealand, maintaining current and accurate legal documentation is considered established standards and can help prevent costly disputes. It is generally advisable to prepare a Flexible Working Request before any issues arise, rather than trying to document terms after a dispute has already begun. Proactive documentation provides clarity and reduces the potential for misunderstandings. If you are unsure whether you need this document for your specific situation in New Zealand, consulting with a qualified legal professional can provide guidance tailored to your circumstances. The timing of executing a Flexible Working Request is also important. In New Zealand, certain documents must be executed before specific actions are taken or within prescribed time periods to be effective. Delaying the preparation of necessary legal documents can result in complications, lost rights, or additional costs. Therefore, it is recommended to prepare this document as early as possible once the need has been identified.
What to Include in Your Flexible Working Request (New Zealand)
A well-drafted Flexible Working Request for use in New Zealand should contain several essential elements to confirm it is legally effective and provides adequate protection for all parties. Party Identification: The document should clearly identify all parties involved, including their full legal names, addresses, and relevant identification numbers. For individuals in New Zealand, this may include identity card or passport numbers. For companies, registration numbers and registered addresses should be specified. Clear identification prevents disputes about who is bound by the agreement. Recitals and Background: The document should include background information explaining the context and purpose of the arrangement. This helps establish the parties' intentions and can be important in interpreting the terms of the document if any ambiguity arises later. The recitals section provides valuable context for the operative provisions that follow. Operative Terms: The core terms and conditions should be set out clearly and thoroughly. This includes the rights and obligations of each party, any conditions or prerequisites, the duration of the arrangement, and any limitations or restrictions. All key terms should be defined precisely to avoid ambiguity and potential disputes. Payment and Financial Terms: Where applicable, the document should specify any payments, fees, deposits, or other financial considerations. The amounts, currency (NZD), payment schedules, and methods of payment should be clearly stated. Any provisions for late payment, interest charges, or adjustments should also be included. Term and Termination: The document should specify its duration, including the start date, end date or conditions for expiry, and any provisions for renewal or extension. The circumstances under which either party may terminate the arrangement early should be clearly defined, along with any notice requirements and the consequences of termination. Dispute Resolution: The document should include provisions for resolving any disputes that may arise, such as negotiation, mediation, arbitration, or litigation. In New Zealand, parties may choose to specify the jurisdiction of New Zealand courts and the applicable law. Including a clear dispute resolution mechanism can save significant time and expense if disagreements occur. Governing Law and Jurisdiction: The document should specify that it is governed by the laws of New Zealand and that disputes shall be subject to the jurisdiction of New Zealand courts. This is particularly important in cross-border transactions or where parties are based in different jurisdictions. Signatures and Execution: The document must be properly signed by all parties or their authorised representatives. In New Zealand, certain documents may need to be witnessed, notarised, or executed as deeds to be legally effective. The date of execution should be clearly recorded, and each party should retain an original signed copy for their records. The forms-legal.com Flexible Working Request (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). Flexible Working Request (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/employment/hr-forms/flexible-working-request-new-zealand
"Flexible Working Request (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/employment/hr-forms/flexible-working-request-new-zealand.
@misc{formslegal-flexible-working-request-new-zealand,
author = {{Forms Legal}},
title = {Flexible Working Request (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/employment/hr-forms/flexible-working-request-new-zealand}},
note = {Free legal document template. Based on Employment Relations Act 2000}
}
Frequently Asked Questions
The Employment Relations (Flexible Working) Amendment Act 2023 significantly updated the flexible working provisions in the Employment Relations Act 2000 (ERA 2000), effective from 4 December 2023. Under the amended s.69AAA–69AAJ of the ERA 2000, all employees (not just those who have been employed for six months) are now entitled to request flexible working arrangements from day one of employment. Employees can make up to two flexible working requests in any 12-month period. An employer must respond in writing within 10 working days of receiving the request. The employer may only refuse a request on one or more of the prescribed grounds set out in the ERA 2000, which include the inability to reorganise work among existing staff, the burden of additional costs, a detrimental effect on quality or performance, and other specified business grounds. The employer must consult with the employee before refusing a request.
Under the Employment Relations Act 2000, an employee in New Zealand can request a change to any of the following: the number of hours they are required to work; the times when they are required to work; and the place where they are required to work (including working from home). This means employees can request a reduction in hours, a change to start and finish times, compressed working weeks, job sharing, working from a different location, or a combination of these. The request must be in writing, state the change being sought, the proposed start date, and the effect the change may have on the employer and how that effect might be managed. The right to request does not guarantee approval — employers can decline on prescribed grounds — but they must follow a genuine and fair process. Under New Zealand law, specifically the Employment Relations Act 2000, parties should seek independent legal advice to confirm compliance with all applicable requirements and confirm the document meets the standards set by the relevant regulatory authorities.
Yes, but only on prescribed grounds under the Employment Relations Act 2000. The grounds on which an employer may refuse a flexible working request include: the inability to reorganise work among existing staff; the inability to recruit additional staff to cover the change; a detrimental impact on quality; a detrimental impact on performance; the insufficiency of work during the periods the employee proposes to work; planned structural changes; the burden of additional costs; and a detrimental effect on the ability to meet customer demand. Before refusing a request, the employer must consult with the employee about the request. If an employer refuses a request without following the proper process, fails to consult, or gives reasons that are not genuine, the employee may raise a personal grievance under the ERA 2000. The Employment Relations Authority can order the employer to reconsider the request.
Under the Employment Relations (Flexible Working) Amendment Act 2023, an employee may make up to two flexible working requests in any 12-month period. There is no longer a qualifying period — any employee may make a request from their first day of employment, regardless of how long they have worked for the employer. Each request must be made in writing and must specify the change requested, the proposed start date, and the effect the change may have on the employer and how that effect might be managed. The employer must respond within 10 working days. If the employer agrees, the change becomes a variation to the employment agreement and should be documented in writing. If the arrangement is agreed as a trial, both parties should clarify the duration and review process upfront. Employees retain the right to raise a personal grievance if their request is improperly refused.
A Flexible Working Request (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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