Legally, there are things you can and can’t do or say when you’re hiring staff.

You can’t hire (or choose not to hire) someone just because of their:

• age
• sex
• race, colour or ethnicity
• religious or ethical beliefs
• sexual orientation
• disability
• marital status
• family status, or
• political opinions.

This is discrimination and it’s illegal.

You can only ask an applicant to give you personal information in an application or interview if:

• it’s relevant to the job, and
• you need that information to make a hiring decision.

More information:

• Privacy information for employers(external link) — Office of the Privacy Commissioner
• Discrimination(external link) — Employment New Zealand
• Make a complaint(external link) — Human Rights Commission

You don’t legally have to write a job description for a new position, but it’ll help when it comes to writing an employment agreement.

A good job description should cover:

• your business – what you do and where you’re going
• the purpose of the position
• the job title
• wage or salary range
• the tasks and responsibilities associated with the role
• who the new employee will report to – and anyone who reports to them
• hours of work
• any minimum qualifications
• ideal skills and experience
• how you’ll measure their performance, e.g. yearly reviews or bonuses.

You can also include things like:

• key people or networks they’ll need to work with
• language or cultural knowledge
• fitness or physical requirements
• anything else they’d need to do the job, like a driver licence.

Describing a job(external link) — Employment New Zealand

You don’t necessarily have to advertise — but you do have to be careful about what you say if you do. A job ad must be accurate and non-discriminatory. That means you can’t use language that could be interpreted as seeking someone of a particular age, gender or race.

You should include:

• any minimum qualifications, experience or requirements to do the job, eg a driver licence
• whether it’s a full-time, part-time, permanent, fixed-term or casual position
• any benefits like flexible hours, extra KiwiSaver payments or bonuses
• the things that make your company a great place to work
• how to apply.

You can’t state requirements for the role that would lead to discrimination, including anything related to a person’s:

• physical appearance, eg hair colour or skin colour
• gender
• race
• religion
• age.

You can include an application form. Ask for a cover letter as well as a CV to get extra information about how responsibilities in previous roles relate to the job you’re looking to fill.

Advertising jobs(external link) — Employment New Zealand

Where to place the ad

You have lots of options when it comes to where to advertise. Think about where the type of person you want to recruit is likely to look. Sometimes targeting a niche website or publication can be more effective (and cheaper) than casting your net wide.

You can:

• use a recruitment agency – it’s expensive up front, but can save you lots of time and effort
• target advertising to industry journals, magazines and websites
• advertise on websites like  Seek(external link), Trade Me Jobs(external link) or MyJobSpace(external link)
• contact an Industry Training organisation (ITO) or training establishment that deals with workers in your industry.

Conducting a thorough review can take time — but it's well worth the investment. It's your chance to get a clear idea of what a candidate might bring to your growing business.

Once you’ve reviewed the applications and chosen your shortlist, decide if you’ll interview them with:

• a one-on-one discussion
• an interview panel
• a written project or examination, or
• a skills-testing service.

Create a list of questions. Try to keep them concise and open-ended, so that the interviewee can give a detailed answer instead of just saying ‘yes’ or ‘no’.

You can’t ask questions in an interview that aren’t relevant to the role, or that could lead to discrimination, like:

• whether someone has children, or is planning to have children
• how old the applicant is
• whether they are religious.

Make sure you’ve prepared answers on:

• the post-interview process
• the likely range of employment conditions, including salary.

Contacting referees

Referees can give you great information that you might not learn during an interview.

Under the Privacy Act, you can only contact people applicants have specifically authorised you to speak to as referees. If they have not named someone you want to talk to, like a past employer, you can’t contact them unless you get permission first.

Can a potential employer collect information about me from someone other than my nominated referee?(external link) — Office of the Privacy Commissioner

Requesting a criminal record check for a new employee

If you need to check the applicant’s criminal record, you will first need their consent.

When can I check someone’s criminal record?(external link) — Office of the Privacy Commissioner

To request a copy of a new employee’s criminal record from the Ministry of Justice, you’ll need to complete an application form signed by you and your employee and provide a copy of their driver’s licence or passport.

You’ll get a copy of their criminal record by post within 20 working days.

How to get a copy of someone else's criminal conviction history(external link) — Ministry of Justice

Use the Police vetting service

You can apply to use the Police vetting service if your business cares for:

• children
• older people
• people with special needs, or
• other vulnerable members of society.

This makes it easier to check an employee’s criminal record. To use this service you will need to register with the Police.

Ask for Police vetting(external link)  — New Zealand Police