Labour rights in New Zealand are largely covered by both statute, particularly the Employment Relations Act 2000, and common law (including cases, judicial decisions and tribunal decision). The Ministry of Business, Innovation and Employment carries out most of the day to day administrative functions surrounding labour rights and their practical application in the state.
New Zealand is committed to a number of international institutions and treaties and is widely regarded as one of the world's pioneers in terms of enforcement of and protection of labour rights and obligations.
Ministry of Business, Innovation and Employment
The Ministry of Business, Innovation and Employment (MBIE) was formed in 2012. The Ministry describes its primary role is to "Grow New Zealand for All".
In relation to employment, the Ministry aims to provide more jobs and to increase the number of opportunities for New Zealanders to participate in more productive and higher paid work. It does this through a large variety of mechanisms, previously administered by what was then the Department of Labour. Some of MBIE's major services include: Employment relations dispute resolution Conducting employment research Policy advice and analysis Providing the public with advice, information and resources regarding all employment matters Providing health & safety in employment information, inspections and administration
Legislation
New Zealand labour law primarily stems from statutes enacted by the New Zealand Parliament. A large series of these statutes combine to form what is known as the minimum rights and entitlements. Each individual Act of Parliament attempts to either: address a different segment of labour rights and obligations entirely, or; may address a smaller portion of labour rights in the subsidiary to some other major legislative theme (for example as with the Privacy Act 2003).
Employment Relations Act 2000
The Employment Relations Act 2000 (the "ER Act") is the most fundamental employment law statute in New Zealand. The ER Act repealed the Employment Contracts Act 1991 (the "ECA"). It enacts a number of core provisions on freedom of association, recognition and operation of unions, collective bargaining, collective agreements, individual employment agreements, employment relations education leave, strikes and lockouts, personal grievances, disputes, enforcement of employment agreements, the Mediation Service, the Employment Court, the Employment Relations Authority and labour inspectors.
Many of the key provisions apply once an employment relationship has begun. This includes a principal duty to act in good faith and to communicate openly. Other provisions operate on an ongoing basis irrespective of the employment relationship and are more declarative (as in the case of trade union operations), or administrative (as in the operation of the Employment Relations Authority) in nature.
Trade unions Section 110 of the ER Act prohibits employers from discriminating against employees for their involvement (or non-involvement) in a union or other employees organisation. The ER Act acknowledges that there is an "inherent inequality of power in employment relationships" and promotes collective bargaining (Section 3) as a way of evening up the power disparity between employers and employees. It also "recognise(s) the role of unions in promoting their members' collective employment interests" in Section 12. Other important recognition's contained in the Act include:
Part 4: Recognises the operation of unions generally; Part 5: Recognises the right to collective bargaining, and; Part 8: Recognises the right to strike.
Right to association Under Part 3 of the ER Act trade unions in New Zealand have the right to association: (a) employees have the freedom to choose whether or not to form a union or be members of a union for the purpose of advancing their collective employment interests; and (b) no person may, in relation to employment issues, confer any preference or apply any undue influence, directly or indirectly, on another person because the other person is or is not a member of a union.
Employment Relations Authority
Under section 157 the Employment Relations Authority is defined as an investigative body that examines the facts of the case, as opposed to legal technicalities, in seeking to resolve problems with the parties' employment relationship.
Human Rights Act 1993
The Human Rights Act 1993 expressly prohibits discrimination on certain stated grounds including sex, race, family status, political opinion and the like. It applies to almost all aspects of employment including job advertisement, application forms, interviews and job offers. It also applies to unpaid workers and independent contractors. The ERA expressly applies the HRA to employment matters.
Discrimination Workplace discrimination is dealt with under the Human Rights Act 1993. Discrimination in employment can involve:Ministry of Business, Innovation and Employment, "Minimum Employment Rights and Obligations" (2013) at 8 ; Human Rights Commission, "Report of The Inquiry into Discrimination Experienced by Transgender People" (2008) at 36-50 http://www.hrc.co.nz/hrc_new/hrc/cms/files/documents/15-Jan-2008_14-56-48_HRC_Transgender_FINAL.pdf Refusal or failure to offer and employee the same terms of employment, conditions of work, fringe benefits or opportunities as other employees with the same or similar qualifications, experience or skills working in the same or similar circumstances; Dismissal or detriment by the employer in circumstances in which other employees doing the same kind of work are not, or would not be, treated in such a way; and Retirement or being made to retire or resign by the employer
While the Act in New Zealand covers women, trans persons and discrimination based on cultural grounds a number of barriers still exist in practice in relation to persons who fall within these socio-economic groups. The findings from The Inquiry into Discrimination Experienced by Transgender People conduction by the Human Rights Commission in 2008 found that the majority of submissions made describing some form of discrimination focused on the area of employment.Human Rights Commission, "Report of The Inquiry into Discrimination Experienced by Transgender People" (2008) at 39-42 http://www.hrc.co.nz/hrc_new/hrc/cms/files/documents/15-Jan-2008_14-56-48_HRC_Transgender_FINAL.pdf Four out of five submissions described examples of discrimination that ranged from harassment at work to vicious assault and sexual abuse.Human Rights Commission, "Report of The Inquiry into Discrimination Experienced by Transgender People" (2008) at 65 http://www.hrc.co.nz/hrc_new/hrc/cms/files/documents/15-Jan-2008_14-56-48_HRC_Transgender_FINAL.pdf In 2010 the Centre for Applied Cross-cultural Research at Victoria University published a meta-analysis of all research relating to the experience of discrimination by Asian New Zealanders. The results found that Asian people experienced significant discrimination both working at and applying for jobs, and had higher rates of unemployment and under-employment than other ethnic groups.
If an employee has been unlawfully discriminated against during the course of employment they may pursue a person grievance under the ER Act through the MBIE or make a complaint under the Human Rights Act; however they cannot pursue both. If the discrimination occurs before employment, an individual can only pursue a complaint under the Human Rights Act.
It remains difficult to gauge the levels of workplace discrimination in New Zealand nationally due to inadequacies in data recording and reporting.Human Rights Commission, "Human Rights in New Zealand" (2010) at 33
Other Other important labour related legislation includes: Health and Safety at Work Act 2015: This Act requires employers and employees to take steps to maintain a safe work place; Holidays Act 1981: This Act sets out minimum entitlements and requirements with regards to annual holidays, public holidays and special leave; Parental Leave and Employment Protection Act 1987: sets out entitlements of employees to parental leave. It currently gives employees 22 weeks of government funded parental (maternity) leave. Employees may also take an additional extended leave for child care (up to 52 weeks' extended leave—less the number of weeks primary carer leave taken, up to 22 weeks). There is a presumption that the job will be kept open for the employee taking leave; The Accident Compensation Act 2001: sets out the no fault scheme in New Zealand whereby employees who suffer an injury at work have an entitlement to compensation from a state-funded insurance scheme. As a result of this scheme, employees are barred from a suit at common law for compensatory damages; New Zealand Bill of Rights Act 1990 (NZBORA): This statute is considered of fundamental constitutional importance. The seeks to affirm, protect and promote human rights and fundamental freedoms in New Zealand and to affirm New Zealand's commitment to the International Covenant on Civil and Political Rights. This Act expressly recognises a number of fundamental rights such as the freedom of association; Minimum Wage Act 1983: sets out the legal framework for New Zealand Employees to receive a minimum wage. Minimum Wage Order 2022: sets out the current minimum wage rates for employees, for the 2022 financial year. Privacy Act 1993: sets out various privacy principles including those on the collection, use and disclosure of personal information. Personal information includes information held about employees; The Equal Pay Act 1972: seeks to remove and prevent workplace discrimination, based on the sex of an employee.
Minimum rights and entitlements
A number of rights and entitlements arise from the various employment enactments. Under New Zealand law, an employee cannot be asked to agree to less than the minimum rights and obligations as provided by the law. An employee must have a written agreement and the minimum employment rights must be met whether or not they are included in this agreement.Ministry of Business, Innovation and Employment, "Minimum Employment Rights and Obligations" (2013) at 2
Minimum wage The minimum wage rates apply to all employees and must be paid if a person is over 16 years of age and not a starting-out or trainee worker. The wage rates are reviewed annually by the government.
As at 8 September 2025, the minimum wage is set at $23.50 for adults and $18.80 for the starting-out and training rate.
Meal and rest breaks Employers must keep an accurate record of an employee's time worked, payments, and holiday and leave entitlements. Employees are currently entitled to:Ministry of Business, Innovation and Employment, "Minimum Employment Rights and Obligations" (2013) at 5 One 10-minute paid rest break when they work between two and four hours One 10-minute paid rest break and one unpaid 30-minute meal break when they work more than four and up to six hours Two 10-minute paid rest breaks and one unpaid 30-minute meal break when they work more than six and up to eight hours
These requirements begin over again where the employee works more than eight hours. The legislation provides for breaks to be taken at times mutually agreed between the employer and employee. If there is no agreement, then the breaks must be evenly distributed throughout the work period.
Holidays and leave