# The hiring process Official source: https://www.employment.govt.nz/starting-employment/hiring/the-hiring-process Scanned: 2026-06-07T03:31:31.402Z Use this as a current official guidance reference, not as a substitute for legal advice. ## Page Text Home Starting employment Hiring The hiring process Hiring Starting employment Rights and responsibilities Types of worker Hiring The hiring process Hiring your first employee Hiring young people Hiring temporary migrants Employment for disabled people Discrimination against transgender people Pre-employment trials Tests and checks Employers on stand-down Trial periods Probationary periods Employment agreements Employers The hiring process Find out about employer responsibilities when hiring, advertising a job, and providing reasonable accommodation. Your legal obligations when hiring You have legal obligations throughout the hiring process. You must: make sure you do not unlawfully discriminate When a person is treated differently and less fairly than others, for example, because of their race, sex, age, religion, or other prohibited ground under the Human Rights Act 1993. based on, sex, marital or family status, age, religious or ethical belief or any other prohibited ground Discrimination comply with the Privacy Act 2020 and privacy principles when handling job applicants’ personal information. For example, if someone has applied for a job, you must not collect information about them from someone who is not their nominated referee without their consent. Your obligations - Office of the Privacy Commissioner (external link) Once you’ve decided who you want to employ, you must: provide the offer of employment and employment agreement A written document setting out the terms and conditions of employment agreed by the employer and employee (also known as a ‘contract of service’). It can include other contractual documents and agreements made by the employer and employee. Every employee must have a written employment agreement. in writing, including an accurate description of the job make sure negotiations about the terms of the employment agreement are fair communicate clearly and openly with the successful applicant and respond to any questions they have so that there are no areas of uncertainty. Offering and negotiating as an employer Pre-employment tests and checks You must check that a job applicant has the legal right to work in New Zealand before you employ them. Hiring temporary migrants If you choose to do any pre-employment screening or testing, for example, drug and alcohol testing or reference checks, it must be relevant to the job and/or workplace. Tests and checks Advertising a job You do not have to advertise a job unless it’s a requirement, for example, in: a workplace policy your organisation has, like a recruitment policy the law. Many employers An individual or organisation that hires 1 or more employees and contracts them to work in exchange for wages or salary under a ‘contract of service’ (commonly called an ‘employment agreement’). in the public sector are required by the Public Service Act 2020 to advertise a job to make sure that suitably qualified applicants are aware of the vacancy. They must then appoint the applicant best suited to the position. Workplace policies and procedures Public Service Act 2020 No 40 (as at 01 July 2024), Public Act 1 Obligation to notify vacancies – New Zealand Legislation (external link) If your workplace has a policy or requirement to advertise a job, make sure you follow this. For example, it might say: if you have to advertise whether you have to advertise internally first, or if you’ll give preference to employees who are affected by a workplace change. Workplace change Even if there’s no requirement to advertise, it’s a good idea to. The more widely you advertise the role, the more likely it is that you’ll find the best person. Describing the job When advertising a job, it makes sense to provide a clear description of the role so applicants know what you’re looking for. You are more likely to find the right person if you and the applicants understand what the job involves and what skills, experience and attributes are required. How to hire - Guide for employers [PDF, 805 KB] Reasonable accommodation Under the Human Rights Act 1993, employers must take reasonable measures to meet an employee’s Any person, whatever their age, who is employed by an employer to do any work for hire or reward under a ‘contract of service’ (commonly called an ‘employment agreement’). needs. This is known as providing ‘reasonable accommodation’. Providing reasonable accommodation means adjusting the workplace or supporting employees in the workplace so that they can fully participate at work. Reasonable accommodation might be needed when a person starts work, or once they are already employed, for example, if they become disabled during their employment. An example of reasonable accommodation is flexible working Can include changing the times or days an employee works, where they work from and how they do their work, for example, job-sharing. Employees can request flexible working arrangements at any time. . Flexible working Reasonable Accommodation - Ministry of Social Development (external link) Reasonable Accommodation Guidelines - Human Rights Commission (external link) More information If you are unsure about your rights or responsibilities or need more information, you can call us on 0800 20 90 20 or email us your query . Published: 18 December 2023 Last modified: 2 December 2024 Written for: Employers Share this page: Print this page: