Probation Review Form (New Zealand)
Structured performance review at end of probationary period
Review Form Header
PROBATION REVIEW FORM
Employer: [Employer Name] Review Date: [Review Date] Reviewer: [Reviewer Name], [Reviewer Title]
Employee: [Employee Name] Position: [Employee Position] Department: [Department] Start Date: [Start Date] Probation End Date: [Probation End Date]
Performance Ratings
1. Performance Assessment
Job Knowledge & Skills: [Job Knowledge] [Job Knowledge Comments] Quality of Work: [Work Quality] [Work Quality Comments] Attendance & Punctuality: [Attendance] Teamwork & Interpersonal Skills: [Teamwork] Initiative & Adaptability: [Initiative]
Summary and Outcome
2. Key Strengths
[Strengths Summary]
3. Areas for Development
[Development Areas]
4. Employee's Comments
[Employee Comments]
5. Probation Outcome
Outcome: [Probation Outcome] [Outcome Detail] This review was conducted in accordance with the good faith obligations under the Employment Relations Act 2000. The employee was given an opportunity to provide their own comments and to have a support person present under s.236 of the ERA 2000.
Reviewer / Manager
________________
Signature
Employee (Acknowledged)
________________
Signature
What Is a Probation Review Form (New Zealand)?
A Probation Review Form 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 Probation Review Form (New Zealand)?
A Probation Review Form 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 Probation Review Form 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 Probation Review Form 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that affects an existing arrangement, when you need to comply with new regulatory requirements, when you wish to update outdated documentation, or when professional advisors recommend formalizing certain aspects of your affairs.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 Probation Review Form 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 Probation Review Form 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 Probation Review Form (New Zealand)
A well-drafted Probation Review Form 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 Probation Review Form (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). Probation Review Form (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/employment/hr-forms/probation-review-form-new-zealand
"Probation Review Form (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/employment/hr-forms/probation-review-form-new-zealand.
@misc{formslegal-probation-review-form-new-zealand,
author = {{Forms Legal}},
title = {Probation Review Form (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/employment/hr-forms/probation-review-form-new-zealand}},
note = {Free legal document template. Based on Employment Relations Act 2000}
}
Frequently Asked Questions
A probation review is an important tool for New Zealand employers because it creates a documented record of the employer's assessment of the employee's performance and suitability during the probationary period. Under the Employment Relations Act 2000 (ERA 2000), even during a contractual probationary period, the employer must act in good faith under s.4 and must follow a fair process if they intend to dismiss the employee or extend the probation. A formal probation review demonstrates that the employer has considered the employee's performance objectively, provided feedback, set clear expectations, and given the employee an opportunity to respond before making any decision. This documentation is particularly valuable if the employee later raises a personal grievance challenging the outcome of the probationary period, as it shows the employer acted fairly and reasonably under the s.103A test.
A thorough New Zealand probation review should cover: the employee's performance against the key duties and requirements of their role; their conduct and attitude in the workplace; their ability to work within the team and with customers or clients; their attendance and punctuality record; any specific performance targets set at the commencement of employment; areas where they have excelled; areas where improvement is needed; any training completed during the probation period; and the proposed outcome — confirmation of permanent employment, extension of probation (if permitted under the employment agreement), or termination. The review should be conducted as a two-way conversation, with the employee given an adequate opportunity to provide their own perspective. Both parties should sign the completed review form, and the employee should receive a copy.
Yes, but the employer must still follow a fair process under the Employment Relations Act 2000. Unlike the statutory 90-day trial period under s.67A of the ERA 2000 (which limits the right to raise a personal grievance for unjustified dismissal for qualifying employers), a contractual probationary period does not remove the employee's right to challenge a dismissal. The employer must have a genuine and substantive reason for dismissal and must follow a procedurally fair process, including: notifying the employee of the concerns; giving the employee an opportunity to respond; and genuinely considering the employee's response before deciding to dismiss. Simply allowing the probationary period to expire without proper process and communication may expose the employer to a personal grievance claim under s.103 of the ERA 2000.
While there is no specific statutory requirement for a formal probation review meeting in New Zealand, holding such a meeting is strongly recommended as a matter of good employment practice and to comply with the good faith obligations under s.4 of the Employment Relations Act 2000. A probation review meeting allows the employer to provide structured feedback, discuss the employee's performance and development, give the employee a genuine opportunity to respond to any concerns, and make a jointly understood and documented decision about the outcome. If the employer intends to dismiss the employee or extend the probation, the meeting is an essential part of the fair process required by the ERA 2000. The employee should be given advance notice of the meeting, allowed to bring a support person under s.236 of the ERA 2000, and provided with a copy of the completed review form.
A Probation Review Form (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
Found an error? Let us knowRelated Documents
You may also find these documents useful:
Appointment Letter (New Zealand)
A formal appointment letter confirming a new employee's position, terms, and start date in New Zealand. Complies with the Employment Relations Act 2000, which requires good faith obligations and written employment agreements. Used alongside an employment agreement to officially welcome and confirm the hire.
Director's Service Agreement (New Zealand)
A formal director's service agreement for New Zealand companies, covering the director's duties, remuneration, expenses, confidentiality, and termination provisions. Compliant with the Companies Act 1993, Employment Relations Act 2000, and director duty provisions.
Disciplinary Appeal Letter (New Zealand)
A formal appeal letter for New Zealand employees challenging a disciplinary decision under the Employment Relations Act 2000. Used to appeal a written warning, final warning, or dismissal, setting out the grounds for appeal and requesting a review of the decision.
Disciplinary Hearing Invitation (New Zealand)
A Disciplinary Hearing Invitation is a formal written notice issued by a New Zealand employer to an employee, inviting them to attend a disciplinary hearing to address allegations of misconduct, serious misconduct, unsatisfactory work performance, breach of workplace policy, or failure to follow a reasonable and lawful instruction. Under the Employment Relations Act 2000 (ERA), a properly structured invitation is a critical component of the 'fair and reasonable process' required before any disciplinary action — particularly dismissal — is taken. What is a Disciplinary Hearing Invitation? A Disciplinary Hearing Invitation is the formal written notice that initiates the meeting-based component of the disciplinary process. It informs the employee of the specific allegations, schedules a hearing at which the employee will have a genuine opportunity to respond, confirms the employee's right to bring a support person or union delegate, and sets out the range of potential disciplinary outcomes. Under New Zealand employment law, the employer must approach the hearing with an open mind — not having pre-decided the outcome. When is a Disciplinary Hearing Invitation Required? A Disciplinary Hearing Invitation is required whenever a New Zealand employer proposes to take formal disciplinary action that may result in a warning or dismissal. The Employment Relations Act 2000 (ERA) requires employers to follow a fair and reasonable process before taking any action that affects an employee's employment, including the good faith obligations in section 4. Failure to provide an adequate invitation — or to give the employee a genuine opportunity to respond — is a breach of the ERA and may render any subsequent disciplinary action unjustified, even if the underlying conduct was proved. The New Zealand Employment Court and Employment Relations Authority have consistently emphasised that the process for disciplinary action must be fair: the employer must disclose all relevant information, give the employee a genuine opportunity to respond, consider that response with an open mind, and make a decision that is procedurally and substantively justified. Key Elements of a Compliant NZ Disciplinary Hearing Invitation A legally compliant New Zealand Disciplinary Hearing Invitation should include: the employee's details and the nature of the allegations; a clear and specific account of the alleged conduct or performance concern; the date, time, and location of the hearing; the right to a support person or union delegate; the prior disciplinary history (if any); and the potential outcomes of the hearing, including whether dismissal is a possible outcome.