When applying for a job or during your employment, it’s natural to be asked questions by an employer. However, there are legal boundaries that employers must respect under New Zealand employment law. Whether you’re filling out a job application, attending an interview, or working in your role, it’s important to know what an employer can - and can’t - ask you.
Employers need certain information to ensure you’re qualified for a job and can meet the requirements of the role. However, New Zealand law protects your right to privacy and prohibits discrimination in the workplace. The Human Rights Act 1993 and the Privacy Act 2020 set out clear rules about what employers can ask. Employers must not collect or use information in a way that unfairly discriminates against you or infringes on your privacy.
What can employers ask?
Questions related to your ability to perform the job
Employers can ask about:
Your qualifications, skills, and experience.
Whether you have any legal barriers to performing the job (e.g., valid work visa).
Whether you can meet specific physical or technical requirements of the role (e.g., lifting heavy items or working nights).
These questions must be directly relevant to the job. For example, an employer can’t ask if you have children unless it directly impacts your ability to work required hours.
Employers sometimes require additional information through pre-employment tests, including:
Skills assessments.
Drug and alcohol tests (if relevant to safety requirements).
Reference or background checks.
These tests are generally allowed, but they must:
Be relevant to the job.
Be conducted fairly and transparently.
Comply with the Privacy Act (e.g., informing you of the purpose and seeking your consent).
Your right to work in New Zealand
It’s legal for employers to verify your eligibility to work in New Zealand. You may be asked to provide:
Proof of citizenship or residency.
A valid work visa if applicable.
Health and safety concerns
Potential employers can ask questions about your health in the interview/pre-employment check process if they are necessary to ensure workplace safety. For example:
Do you have any medical conditions that might affect your ability to safely operate machinery?
Are there any accommodations you need to perform your job effectively?
The questions must be relevant to the role and framed in a non-discriminatory way.
But generally speaking, information relating to health is considered to be sensitive personal information. Therefore your employer cannot ask your doctor to provide medical information, unless you agree to this. There may be some cases where it is important for your employer to be provided with more detailed health information, or even have the opportunity to discuss matters with your doctor. For example, if your employer is managing your return to work after a workplace injury, they may need to be able to speak with your doctor, with your knowledge and permission, in order to establish what work you can or cannot do.
Criminal records
In some cases, in certain industries or roles, an employer may ask about your criminal record. However, they can only do so if the information is relevant to the position. For instance:
Jobs involving children or vulnerable people may require police vetting under the Children’s Act 2014.
Certain financial roles may involve checks for fraud or dishonesty convictions.
In doing so they must get written approval from you to request this information from the New Zealand Police or the Ministry of Justice. You do not have to offer information about previous criminal convictions if the employer has not asked for it or if you are covered by the clean slate rules. The Clean Slate Act 2004 ensures that minor convictions older than seven years don’t need to be disclosed, provided certain conditions are met.
Other jobs
An employer can ask if you have another job, but there are limits to how this information can be used. Reasons they may ask you about this include:
Employers may want to ensure your other job does not conflict with their business interests.
They may need to confirm you can meet the required hours or shifts.
Some employers are concerned about overwork and its impact on performance and safety.
While employers can ask, you are not always obligated to disclose personal details unless it affects your ability to perform the job or breaches their policies. It is a good idea to check your employment contract as some contracts include clauses about disclosing other jobs or restrictions on working for competitors. In certain roles, such as those in the public sector, disclosure may be mandatory for security or ethical reasons. In addition if your second job involves a competitor or creates a risk of sharing confidential information, this may be grounds for concern.
What can't employers ask?
Discriminatory Questions
The Human Rights Act prohibits employers from asking about certain personal characteristics that could lead to discrimination. This includes questions about:
Race, ethnicity, or nationality.
Gender or sexual orientation.
Marital or family status (e.g., “Are you planning to have children soon?”).
Age (except to confirm you are legally old enough to work).
Religious or political beliefs.
These factors cannot legally influence hiring or employment decisions.
Irrelevant medical information
Employers cannot ask intrusive health-related questions that aren’t relevant to the job. For example, they cannot ask about:
Past illnesses or unrelated disabilities.
Mental health conditions, unless they directly affect your ability to perform specific duties.
Financial history
In most cases, an employer cannot ask about your personal financial situation, such as whether you have debt or have ever declared bankruptcy. If an employer believes a job involves a significant financial risk (for example, a position that handles accounts or payments), they could seek consent for a credit check from the applicant. But the employer would have to justify it is necessary to collect it and the applicant would have to consent to this.
What can you do about it?
If, during a recruitment process or while an employee, an employer asks a question you’re uncomfortable with, you have a few options:
Politely ask why the information is relevant to the role e.g. “Can you explain how this relates to the job requirements?”
Refuse to answer if the questions are discriminatory or irrelevant e.g. “I’m not sure how that’s relevant to my ability to do this job.”
If you believe the question was discriminatory or unlawful, you can raise a concern with the Human Rights Commission or Employment New Zealand.
If you believe an employer has asked inappropriate or discriminatory questions:
Record the question, who asked it, and when.
If you’re comfortable, address it directly with the employer.
You may be able to lodge a formal complaint with the Human Rights Commission or raise a personal grievance.
Knowing what an employer can ask is crucial to protecting your rights and ensuring fair treatment in the workplace. While employers have legitimate reasons to gather certain information, they must respect your privacy and avoid discriminatory practices.
If you’re unsure about whether a question or request is lawful, don’t hesitate to seek advice. mathewswalker.co.nz | 0800 612 355
Disclaimer: The information provided in this blog is for general informational purposes only and should not be considered legal advice. While we strive to keep the information accurate and up to date, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the blog or the information, products, services, or related graphics contained on the blog for any purpose. Any reliance you place on such information is therefore strictly at your own risk. For specific legal advice tailored to your situation, please contact a qualified legal professional.
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