Unpaid Internship Agreement Template for New Zealand

An Unpaid Internship Agreement is a crucial legal document that establishes the framework for educational work experience arrangements in New Zealand. This agreement protects both organizations and interns by clearly defining the relationship as educational rather than employment-based, ensuring compliance with New Zealand's strict labour laws while providing valuable learning opportunities.

When do you need this document?

You need an Unpaid Internship Agreement when offering work experience that is primarily for the intern's educational benefit rather than your organization's operational needs. This includes university students completing course requirements, recent graduates seeking industry experience, career changers exploring new fields, or young people participating in formal training programs. The agreement is essential when the internship involves access to confidential information, when supervision and mentoring are provided, or when the arrangement extends beyond a few days. Educational institutions often require formal agreements before approving student placements, making this document vital for academic partnerships.

Key legal considerations

The most critical aspect is ensuring the internship genuinely serves an educational purpose rather than replacing paid employees. Your agreement must clearly outline specific learning objectives, provide structured supervision, and demonstrate that the intern gains more benefit than your organization receives. Include comprehensive health and safety provisions, as the Health and Safety at Work Act 2015 applies regardless of employment status. Address confidentiality and intellectual property ownership, particularly important in competitive industries. Define clear boundaries around the intern's responsibilities to avoid creating an employment relationship. Consider accident compensation coverage under the Accident Compensation Act 2001, and ensure compliance with Privacy Act 2020 requirements for handling personal information.

Legal requirements in New Zealand

New Zealand law, particularly the Employment Relations Act 2000, strictly distinguishes between internships and employment. Your agreement must demonstrate that the internship primarily benefits the intern's education or training, not your business operations. The arrangement should enhance skills and provide industry exposure rather than replacing regular employees. Include provisions that comply with the Human Rights Act 1993 to prevent discrimination and ensure equal treatment. Educational institutions involved must meet Education Act 1989 requirements for training arrangements. The agreement should specify that no employment relationship is created, while acknowledging that interns still receive certain workplace protections. Document the educational structure, including supervision arrangements, learning goals, and assessment criteria to support the legitimate educational purpose of the arrangement.