Caregiver Agreement (New Zealand)
CAREGIVER AGREEMENT
CAREGIVER AGREEMENT
Date: [Agreement Date]
Services commence: [Service Start Date]
Parties
This Agreement is between:
[Principal Name] ([Principal Relationship] of [Recipient Name]), of [Principal Address] (the "Principal"); and
[Caregiver Name] ([Caregiver Type], NZBN: [Caregiver NZBN]), of [Caregiver Address] (the "Caregiver").
The person receiving care services is [Recipient Name], born [Recipient DOB], of [Recipient Address] (the "Care Recipient").
Background
A. The Care Recipient requires [Care Type] at [Services Location].
B. The Care Recipient's relevant condition and care needs are: [Recipient Condition].
C. The Principal has engaged the Caregiver to provide care services to the Care Recipient on the terms of this Agreement.
D. This Agreement is governed by New Zealand law, including the Health and Disability Services (Safety) Act 2001 (HDSS Act), the Health and Safety at Work Act 2015 (HSWA), the Employment Relations Act 2000 (where the Caregiver is an employee), and the Health and Disability Commissioner's Code of Health and Disability Services Consumers' Rights.
1. Care Services
1.1 The Caregiver will provide the following care services to the Care Recipient: [Care Services].
1.2 The services will be provided on the following schedule: [Services Schedule].
1.3 Services will be provided at [Services Location], or as otherwise agreed between the Parties in writing.
1.4 The Caregiver holds the following relevant qualifications: [Caregiver Qualifications].
1.5 The Caregiver must maintain all required certifications and training throughout the term of this Agreement, including current first aid certification.
2. Caregiver's Obligations
2.1 The Caregiver must:
a) provide care services with reasonable care and skill consistent with the standard expected of a competent caregiver;
b) comply with the Health and Disability Commissioner's Code of Health and Disability Services Consumers' Rights at all times;
c) respect the Care Recipient's rights to dignity, privacy, and self-determination;
d) maintain the confidentiality of all health and personal information about the Care Recipient, in compliance with the Privacy Act 2020;
e) not administer any medications to the Care Recipient without the express written authority of the Care Recipient's general practitioner or the Principal;
f) immediately report any injury, incident, deterioration in condition, or safeguarding concern to the Principal and, where required, to the relevant authorities; and
g) comply with all applicable obligations under the Health and Safety at Work Act 2015.
3. Principal's Obligations
3.1 The Principal must:
a) provide the Caregiver with accurate and up-to-date information about the Care Recipient's health condition, care needs, and any risks relevant to the provision of care;
b) ensure the care environment is safe and suitable for the provision of care services, consistent with the Health and Safety at Work Act 2015;
c) pay the Caregiver in accordance with clause 4; and
d) inform the Caregiver promptly of any changes in the Care Recipient's condition or care needs.
4. Remuneration
4.1 The Principal will pay the Caregiver at the rate of [Hourly Rate] for all care services provided under this Agreement.
4.2 Payment will be made [Payment Frequency] by [Payment Method].
4.3 The Caregiver must maintain accurate time records and submit timesheets to the Principal within 3 business days of the end of each payment period.
4.4 New Zealand public holidays will be remunerated in accordance with the Holidays Act 2003, unless the Caregiver is employed by an agency that provides alternative arrangements consistent with the Act.
5. Health, Safety and Emergency
5.1 [Health Safety Obligations].
5.2 In an emergency, the Caregiver must immediately contact emergency services (111) and then notify the Principal or the Emergency Contact: [Emergency Contact].
5.3 The Caregiver must report any safeguarding concerns about the Care Recipient (including suspected abuse, neglect, or exploitation) to the Principal immediately and, if necessary, to the appropriate authority including the Police or the Needs Assessment and Service Coordination (NASC) service.
6. Confidentiality and Privacy
6.1 The Caregiver must keep confidential all health, financial, and personal information about the Care Recipient and the Care Recipient's family that is obtained in the course of providing care services.
6.2 The Caregiver must handle all personal information in accordance with the Privacy Act 2020 and the Health Information Privacy Code.
6.3 The Caregiver must not photograph or record the Care Recipient or share any images or information about the Care Recipient on social media or otherwise without the express written consent of the Principal.
6.4 This obligation of confidentiality continues after the termination of this Agreement.
7. Term and Termination
7.1 This Agreement commences on [Service Start Date] and continues for [Term Type], ending on [Term End Date] (if fixed term), unless earlier terminated.
7.2 Either Party may terminate this Agreement by giving [Notice Period] written notice to the other Party.
7.3 Either Party may terminate this Agreement immediately if the other Party commits a serious breach of the Agreement, including any breach that endangers the safety, health, or wellbeing of the Care Recipient.
7.4 On termination, the Caregiver must return all keys, access cards, and personal property belonging to the Care Recipient or the Principal.
8. General Provisions
8.1 Governing Law: This Agreement is governed by the laws of New Zealand, including the Health and Disability Services (Safety) Act 2001, the Health and Safety at Work Act 2015, and the Privacy Act 2020.
8.2 Entire Agreement: This Agreement is the entire agreement between the Parties regarding the provision of care services and replaces all prior discussions and agreements.
8.3 Variation: This Agreement may only be varied in writing signed by both Parties.
8.4 Contact: Notices and communications under this Agreement should be directed to the Principal at [Principal Email] or [Principal Phone].
Execution
SIGNED by the Principal: [Principal Name]
Signature: ______________________________
Date: [Agreement Date]
SIGNED by the Caregiver: [Caregiver Name]
Signature: ______________________________
Date: [Agreement Date]
Principal
________________
Signature
Caregiver
________________
Signature
What Is a Caregiver Agreement (New Zealand)?
A Caregiver Agreement in New Zealand records the caregiving to be provided, the fees, the service standards, and each party's obligations between the provider and the client under the Contract and Commercial Law Act 2017.
New Zealand's care services sector is regulated by a thorough framework of legislation and standards. The Health and Disability Services (Safety) Act 2001 (HDSS Act) is the primary statute governing the safety and quality of health and disability support services. It establishes a certification system administered by HealthCERT (part of Te Whatu Ora Health New Zealand) for organisations providing residential care and certain community support services. The HDSS Act requires certified service providers to comply with the New Zealand Health and Disability Services Standards (NZS 8134), which set out detailed quality and safety standards for the delivery of health and disability services.
The Health and Disability Commissioner's Code of Health and Disability Services Consumers' Rights (the Code) applies to all providers of health and disability services in New Zealand, including individual caregivers providing in-home care. The Code gives all care recipients ten fundamental rights, including the right to dignity and independence, the right to services of an appropriate standard, the right to be fully informed, and the right to make an informed choice. Caregivers must comply with the Code in all aspects of their work.
The Health and Safety at Work Act 2015 (HSWA 2015) imposes duties on persons conducting a business or undertaking (PCBUs) — which may include families and organisations engaging caregivers — to confirm the health and safety of workers and others. In the in-home caregiving context, this means that the home where care is provided must be assessed for hazards, and appropriate measures must be taken to eliminate or minimise risks to the caregiver's health and safety.
Where the caregiver is an employee (rather than an independent contractor), the Employment Relations Act 2000 and the Holidays Act 2003 apply, giving the caregiver rights to the minimum wage, annual leave, sick leave, and bereavement leave. The Privacy Act 2020 governs the collection, use, and disclosure of personal and health information about care recipients.
A well-drafted caregiver agreement provides clarity and protection for all parties — it defines the scope of services, sets out the caregiver's qualifications and obligations, specifies remuneration and payment terms, addresses health and safety and safeguarding obligations, and establishes a clear process for terminating the arrangement if required.
When Do You Need a Caregiver Agreement (New Zealand)?
A Caregiver Agreement is needed in New Zealand whenever a family, guardian, or organisation engages a caregiver to provide care services to an elderly, disabled, or otherwise vulnerable person, or to provide in-home childcare. Common situations include:
Elderly care: An adult child engaging a caregiver to provide in-home personal care, companionship, and domestic support for an elderly parent who wishes to remain living independently at home rather than moving into a residential care facility. A formal agreement is important to protect both the family and the caregiver and to set clear expectations.
Disability support: A person with a physical or intellectual disability, or their family or support coordinator, engaging an individual support worker to provide personal care, community access support, and daily living assistance. Government-funded disability support services may be provided through Te Whatu Ora or ACC (Accident Compensation Corporation), and private top-up arrangements should also be documented.
Respite care: A family caregiver who provides primary care for a disabled or elderly family member engaging a relief caregiver to provide respite care — temporary care that allows the primary caregiver to take a break. Respite care may be provided in the home or in a residential setting.
In-home childcare: Parents engaging an in-home nanny, au pair, or babysitter to provide regular childcare for their children. The Vulnerable Children Act 2014 requires police vetting of paid childcare workers, and a formal agreement is essential to document the caregiver's responsibilities and remuneration.
Live-in care: Engaging a live-in caregiver to provide around-the-clock care for a person who needs significant ongoing support. Live-in arrangements require particularly detailed agreements covering accommodation arrangements, working hours, on-call obligations, and remuneration.
Government-funded care coordination: When government-funded care services are being organised through a Needs Assessment and Service Coordination (NASC) service, a formal agreement may be required to document the delivery of funded services in addition to any private top-up services.
What to Include in Your Caregiver Agreement (New Zealand)
A thorough New Zealand Caregiver Agreement should include the following key elements to provide clarity and legal protection for all parties.
Parties: The full legal names and addresses of the Principal (family member, guardian, or organisation), the Caregiver (individual or agency), and the Care Recipient. Where the Principal is acting under an Enduring Power of Attorney, this should be clearly identified.
Care recipient details: A description of the care recipient's relevant health conditions and care needs that define the context for the services being provided. This information is important for defining the appropriate scope of care and the qualifications required.
Care services: A specific and thorough list of the services the Caregiver is engaged to provide. The services clause should be detailed enough to avoid scope disputes — listing each task (personal hygiene assistance, meal preparation, medication prompting, mobility assistance, housekeeping, companionship, etc.) rather than using vague language.
Schedule: The days and hours during which services will be provided, including any on-call or overnight requirements. The schedule should be sufficiently specific to allow time records and invoices to be verified.
Qualifications and certification: The caregiver's relevant qualifications, training, and registration, and an obligation on the caregiver to maintain those qualifications throughout the agreement. Where the HDSS Act requires specific certifications, these should be identified.
Remuneration: The hourly rate (which must meet or exceed the New Zealand minimum wage), payment frequency, payment method, and GST treatment. Provisions for overtime, weekend rates, and public holiday rates consistent with the Holidays Act 2003 should also be included.
Code of Rights compliance: An explicit acknowledgment of the caregiver's obligations under the Code of Health and Disability Services Consumers' Rights, including the care recipient's rights to dignity, privacy, informed consent, and complaint resolution.
Confidentiality and privacy: Obligations on the caregiver to keep confidential all health and personal information about the care recipient, consistent with the Privacy Act 2020 and the Health Information Privacy Code.
Health and safety: The respective health and safety obligations of the Principal and the Caregiver under the Health and Safety at Work Act 2015, including incident reporting, hazard identification, and emergency procedures.
Safeguarding: The caregiver's obligation to report suspected abuse, neglect, or exploitation of the care recipient to the Principal and, where appropriate, to the New Zealand Police or other authorities.
Term and termination: The duration of the agreement and the notice period required for termination by either party. Grounds for immediate termination (such as gross misconduct or a serious safety incident) should also be specified.
Emergency contact: The name and contact details of the person the caregiver should contact in an emergency involving the care recipient. The forms-legal.com Caregiver Agreement (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). Caregiver Agreement (New Zealand) (New Zealand) [Legal document template]. Forms Legal. https://forms-legal.com/new-zealand/personal/family/caregiver-agreement-new-zealand
"Caregiver Agreement (New Zealand) (New Zealand)." Forms Legal, 2026, https://forms-legal.com/new-zealand/personal/family/caregiver-agreement-new-zealand.
@misc{formslegal-caregiver-agreement-new-zealand,
author = {{Forms Legal}},
title = {Caregiver Agreement (New Zealand) (New Zealand)},
year = {2026},
howpublished = {\url{https://forms-legal.com/new-zealand/personal/family/caregiver-agreement-new-zealand}},
note = {Free legal document template. Based on Contract and Commercial Law Act 2017}
}Also available for these jurisdictions:
Frequently Asked Questions
Caregiving and home care services in New Zealand are regulated by several key statutes. The Health and Disability Services (Safety) Act 2001 (HDSS Act) is the primary statute governing the safety and quality of health and disability services. It establishes a certification regime for residential care facilities and certain community support services, administered by HealthCERT (part of Te Whatu Ora Health New Zealand). The Health and Disability Commissioner Act 1994 established the Health and Disability Commissioner and the Code of Health and Disability Services Consumers' Rights (the Code), which sets out ten fundamental rights of all people receiving health and disability services in New Zealand, including the right to be treated with respect, the right to be provided with appropriate services, and the right to have complaints resolved fairly and promptly. The Health and Safety at Work Act 2015 (HSWA 2015) imposes obligations on persons conducting a business or undertaking (PCBUs) — including families and organisations employing caregivers — to requires the health and safety of workers. The Privacy Act 2020 regulates the collection, use, and disclosure of personal and health information by caregivers. The Employment Relations Act 2000 and the Holidays Act 2003 apply where the caregiver is an employee rather than an independent contractor.
Whether a caregiver is an employee or an independent contractor in New Zealand is determined by the Employment Relations Act 2000 (ERA) and in particular section 6, which requires that the real nature of the relationship be determined by looking at all relevant factors — not just what the parties call the arrangement in their contract. Factors that point towards employment include: the principal (or family) has significant control over when, where, and how care is provided; the caregiver does not supply their own tools or equipment; the caregiver works exclusively for one principal; and the caregiver is integrated into the principal's household or organisation. If the caregiver is found to be an employee, they are entitled to all employment rights under New Zealand law, including the minimum wage under the Minimum Wage Act 1983 (NZD $23.15 per hour from 1 April 2024), paid annual leave and sick leave under the Holidays Act 2003, ACC levies, and redundancy entitlements. The Employment Relations Authority will look past a label of 'independent contractor' in a written agreement if the substantive reality of the relationship is one of employment. Families engaging individual in-home caregivers should take particular care to understand whether they are engaging an employee or a genuine independent contractor, as misclassification can result in significant financial liability.
The Code of Health and Disability Services Consumers' Rights (the Code) was established under the Health and Disability Commissioner Act 1994 and applies to all providers of health and disability services in New Zealand, including individual caregivers providing in-home care. The Code gives all consumers of health and disability services ten fundamental rights: the right to be treated with respect; the right to freedom from discrimination, coercion, harassment, and exploitation; the right to dignity and independence; the right to services of an appropriate standard; the right to effective communication; the right to be fully informed; the right to make an informed choice and give informed consent; the right to support (including the right to have a support person or advocate present); the right to have complaints resolved fairly and promptly; and the right to have these rights given effect. Caregivers must comply with the Code in all aspects of their work with care recipients. Breaches of the Code may be the subject of complaints to the Health and Disability Commissioner (HDC), who has power to investigate and may refer cases to the Director of Proceedings for prosecution before the Human Rights Review Tribunal. A caregiver agreement should explicitly acknowledge the caregiver's obligations under the Code.
An Enduring Power of Attorney (EPOA) is a legal document made under the Protection of Personal and Property Rights Act 1988 (PPPR Act) by which a person (the donor) appoints another person (the attorney) to make decisions on their behalf. There are two types of EPOAs in New Zealand: an EPOA for property (allowing the attorney to manage the donor's financial affairs) and an EPOA for personal care and welfare (allowing the attorney to make decisions about the donor's health, care, and personal life when the donor lacks capacity to do so themselves). In the caregiving context, where the care recipient lacks the capacity to make decisions about their own care (due to dementia, acquired brain injury, or other conditions), the holder of an EPOA for personal care and welfare has the authority to enter into a caregiver agreement on behalf of the care recipient. It is important that the caregiver agreement identifies the EPOA holder as the Principal contracting on behalf of the care recipient, and that a copy of the EPOA document is retained. If the care recipient does not have an EPOA and lacks capacity, an application may need to be made to the Family Court for a welfare guardian or property manager under the PPPR Act. Families should encourage elderly or vulnerable relatives to make an EPOA while they still have capacity, before a crisis arises.
Caregivers in New Zealand have important safeguarding obligations to protect the care recipient from abuse, neglect, and exploitation. The Vulnerable Children Act 2014 imposes obligations on specified organisations working with children (including childcare providers) to conduct police vetting of workers and to have child protection policies in place. For adult care recipients, the main safeguarding framework is provided by the Crimes Act 1961 (which criminalises abuse and neglect of vulnerable adults) and the New Zealand Police's protocols for reporting elder abuse and family violence. The Social Workers Registration Act 2003 imposes specific duties on registered social workers who become aware of abuse or neglect. Caregivers who suspect that a care recipient is being subjected to abuse, neglect, or exploitation by any person (including a family member) must report their concerns to the Principal and, where appropriate, to the New Zealand Police, Te Whatu Ora, or Oranga Tamariki (Ministry for Children) where children are involved. A caregiver agreement should explicitly address the caregiver's obligation to report safeguarding concerns and the process for doing so. Organisations providing funded home care services should also have formal safeguarding policies and whistleblower protections for staff who report concerns.
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:
Non-Disclosure Agreement (NDA) (New Zealand)
Protect your confidential business information under New Zealand law with a legally sound Non-Disclosure Agreement (NDA). Whether you are sharing trade secrets with a prospective partner, disclosing proprietary technology to a developer, or presenting financial projections to a potential investor, a properly drafted NZ NDA keeps your sensitive information under strict legal protection. Our template complies with the Contract and Commercial Law Act 2017 (CCLA) and includes provisions addressing the Privacy Act 2020 and the Information Privacy Principles (IPPs). Choose between a unilateral or mutual NDA, with optional non-solicitation and liquidated damages clauses.
Estate Distribution Agreement (New Zealand)
Create an Estate Distribution Agreement for New Zealand under the Administration Act 1969, the Wills Act 2007, and the Trustee Act 1956. This template covers executor or administrator details, probate or letters of administration, estate asset schedules (real property, KiwiSaver, financial assets, personal property), estate debt settlement, beneficiary distribution plans, Property (Relationships) Act 1976 surviving partner rights, Family Protection Act 1955 claims, beneficiary releases, IRD tax obligations, and LINZ property transfers.
Family Loan Agreement (New Zealand)
A New Zealand Family Loan Agreement documents a loan between family members — for example, a parent lending money to an adult child for a house deposit. It is governed by the Contract and Commercial Law Act 2017 (CCLA). Without a written family loan agreement, there is a risk that courts or the IRD may treat the advance as a gift rather than a loan, with tax and relationship property implications. Under the Property (Relationships) Act 1976, a loan from one family member to a spouse or partner may affect how relationship property is divided on separation. The IRD may require interest to be charged on loans between associated persons to avoid income tax issues. Key clauses cover: loan amount, purpose, interest (if any), repayment, relationship property acknowledgement, gift versus loan declaration, and demand provisions.