A Fully Comprehensive and Detailed HR Audit

Employment Relations Act 2000 — every employee must have a current, signed written agreement.

• Every employee (permanent, fixed-term, casual, part-time) has a current written employment agreement.
• A signed copy is held on file for each employee.
• The correct agreement type is used, and any fixed-term role states a genuine reason and end event.
• All mandatory content is included: names of the parties, a description of the work, place of work, hours, wages or salary, a plain-language explanation of how to resolve employment problems, and an employee protection provision.
• Trial period clauses are only used by eligible employers and were validly entered into in writing before the employee started work.
• Probationary periods (where used) are clearly documented with a fair process.
• Pay rates meet or exceed the current adult minimum wage (and starting-out or training rates are applied correctly where used).
• Availability and shift-cancellation clauses (if used) include reasonable compensation and are compliant.
• Any deductions clause complies with the Wages Protection Act and the employee has given written consent.
• Restraint of trade and confidentiality clauses are reasonable and current.
• A current job description is attached or held for each role.
• Agreements have been reviewed against the latest employment law changes.

Holidays Act 2003 — the most common and costly area of non-compliance for NZ businesses.

• Annual holidays of four weeks per year are provided, accrued, and recorded correctly.
• A genuine "week" has been agreed and recorded for employees with variable or irregular hours.
• Annual holidays are paid at the greater of ordinary weekly pay or average weekly earnings.
• Sick leave (10 days per year after six months) is provided and accrued correctly.
• Bereavement leave entitlements are applied correctly.
• Family violence leave (10 days) is available and handled confidentially.
• Public holidays are identified correctly, with time-and-a-half and an alternative day where worked on an otherwise working day.
• Alternative ("lieu") days are tracked and paid correctly.
• Relevant daily pay or average daily pay is applied correctly for sick, bereavement, alternative, and public holiday payments.
• The payroll system (Xero, MYOB, or other) is configured correctly and reconciled.
• Parental leave is handled correctly, including eligibility, KiwiSaver, and return-to-work rights.
• Any historic Holidays Act miscalculation or remediation need has been identified.

Employment Relations Act 2000 and Holidays Act 2003 — records kept for at least six years.

• Wage and time records are kept for at least six years and contain all required detail.
• Holiday and leave records are accurate, current, and kept for at least six years.
• A personnel file is held for every employee.
• Daily hours worked are recorded where pay varies, so minimum wage compliance can be shown.
• Records are readily accessible and could be produced if requested by a Labour Inspector.
• IRD and KiwiSaver records are complete and correct.
• Records are stored securely, both physical and digital.

Good employer practice and good-faith obligations. Clear policies reduce risk.

• A current code of conduct is in place.
• A documented disciplinary and performance management process exists.
• A leave policy is in place and current.
• A bullying, harassment, and discrimination policy is in place.
• A drug and alcohol policy is in place where relevant to the work.
• A health and safety policy is in place (cross-reference the health and safety system).
• A privacy policy covering employee information is in place.
• A social media, IT, and device-use policy is in place.
• An equal employment opportunity statement is in place.
• Policies have been communicated to staff and acknowledged.
• Policies have been reviewed within the last two years and reflect current law.

Immigration Act 2009 (right to work), Human Rights Act 1993, and Privacy Act 2020.

• A documented, consistent recruitment process is followed.
• Right-to-work checks (citizenship, residence, or valid visa) are completed and recorded for every hire.
• Pre-employment checks (references and, where relevant, Ministry of Justice, credit, or medical) are done lawfully and with consent.
• Job advertisements are non-discriminatory.
• Offer letters and signed agreements are issued before the employee starts work.
• A structured induction and onboarding process is in place.
• New-starter paperwork is collected (IRD number, KiwiSaver KS2, bank and contact details).
• A health and safety induction is completed for every new starter.

Employment Relations Act 2000 — a fair and reasonable process, consistent with good faith.

• A fair and reasonable process is followed for all people matters.
• Performance issues are documented, including expectations, support offered, and reviews.
• Disciplinary matters follow due process: investigation, written allegations, a genuine opportunity to respond, the offer of representation, and a considered decision.
• Warnings are issued and recorded appropriately.
• Dismissals follow the correct process and are well documented.
• Exit processes are followed and final pay (including holiday pay) is calculated correctly.
• Resignations are acknowledged in writing.
• Support, such as an EAP, is offered where appropriate.

Privacy Act 2020 and its information privacy principles.

• Employee information is collected only for lawful and necessary purposes.
• Staff are told how their information is collected, used, and stored.
• Access to personal information is limited on a need-to-know basis.
• Personal data is stored securely and disposed of safely when no longer needed.
• Employees can access and request correction of their own information.
• A privacy breach response process is in place, including notifying the Office of the Privacy Commissioner where required.
• Third-party providers (such as payroll) handle employee data appropriately.

Immigration Act 2009 and accredited employer obligations. Complete where migrant workers are employed.

• Accredited Employer status is current where the Accredited Employer Work Visa is used.
• Job checks and tokens are managed correctly.
• Every migrant worker holds a valid visa with the correct conditions for their role.
• Visa expiry dates are tracked and no one is working unlawfully.
• Required employment-rights information has been provided (for example, Employment New Zealand learning modules).
• Records of right-to-work checks are retained.
• No premium or recruitment fees have been charged to migrant workers.
• Actual terms and conditions match what was offered for the visa application.

Employment Relations Act 2000 — NZ has no statutory redundancy pay; entitlements depend on the agreement.

• Employment agreements contain a clear employee protection provision.
• A genuine, documented process exists for any proposed restructure: proposal, consultation, feedback, and decision.
• Selection criteria are fair and objective.
• Redundancy compensation terms are understood and only apply if included in the agreement.
• Redeployment options are considered and documented.
• Good-faith consultation timeframes are allowed.
• Records are retained of any past restructures.