Pre Employment Agreement Template for New Zealand

A Pre Employment Agreement is a legal document that governs the relationship between you as a prospective employer and a job candidate during the critical period between making a job offer and the candidate's actual employment start date. Under New Zealand employment law, this agreement establishes clear expectations and protects both parties when specific conditions must be met before employment can formally begin.

When do you need this document?

You need a Pre Employment Agreement when your job offer is conditional upon the candidate meeting specific requirements before starting work. This is particularly common in roles requiring security clearances, professional registrations with bodies like the New Zealand Medical Council or Engineering New Zealand, background checks for positions involving vulnerable people, or medical assessments for safety-critical roles. The agreement is also essential when hiring overseas candidates who need work visa approvals or when positions require specific qualifications that must be verified through professional bodies.

Key legal considerations

Your Pre Employment Agreement must comply with the Employment Relations Act 2000's good faith requirements, meaning both parties must deal with each other honestly and transparently. The agreement should clearly define all pre-employment conditions, realistic timeframes for completion, and consequences if conditions aren't met. Privacy Act 2020 compliance is crucial when collecting personal information for background checks or medical assessments - you must only collect information that's directly relevant to the role and obtain proper consent. The Human Rights Act 1993 prohibits discrimination, so any pre-employment conditions must be genuinely necessary for the role and applied consistently. Include provisions for confidentiality, intellectual property protection, and clear termination clauses if conditions aren't satisfied.

Legal requirements in New Zealand

New Zealand employment law requires that pre-employment conditions be reasonable, necessary, and directly related to the job requirements. Under the Criminal Records (Clean Slate) Act 2004, candidates may not be required to disclose certain historic convictions, so background check requirements must comply with clean slate provisions. The Health and Safety at Work Act 2015 allows for health assessments only when genuinely required for workplace safety. Your agreement must specify which party bears the costs of pre-employment checks - typically the employer for mandatory requirements. Include clear dispute resolution procedures as required under employment legislation, and ensure all conditions can be objectively measured and verified. The agreement should also address what happens if external factors beyond either party's control prevent condition completion within specified timeframes.