Guide
Why there is no statutory notice period in New Zealand
Updated
Most people arriving at a New Zealand notice calculator are looking for a legal table. This page explains why there is not one, and what to use instead.
The number comes from your agreement
Employment New Zealand describes the notice period as the amount of time between giving notice and the date the employment relationship actually ends, says it is usually the same for employers and employees, and says it is usually in the employment agreement (Employment NZ: giving notice). Nothing in that description turns on length of service, because no New Zealand statute grades notice by how long you have worked somewhere.
Every employee in New Zealand must have a written employment agreement, so for most people the answer is a clause, not a calculation. Look for a heading such as notice, termination, or ending employment.
Where the agreement says nothing
If the employment agreement does not have a notice period, Employment New Zealand says that fair and reasonable notice must be given, and that this should reflect:
- the length of service
- the type of job
- how long it might take to replace the employee
- common practice in the workplace
It then adds that depending on the role, 2 to 4 weeks' notice is often seen as fair and reasonable. That sentence is the closest thing New Zealand has to a benchmark, and it is worth reading carefully: it is an observation about what is often seen as reasonable, not a statutory floor, and a role that takes six months to fill can reasonably justify more.
What that means in practice
| Situation | Notice period |
|---|---|
| Agreement says 4 weeks, 6 months of service | 4 weeks |
| Agreement says 1 week, 12 years of service | 1 week, unless something else in the agreement says otherwise |
| Agreement silent, junior role, 1 year of service | Fair and reasonable, and 2 weeks would commonly be seen that way |
| Agreement silent, specialist role that is hard to replace | Fair and reasonable, and that can be more than 4 weeks |
Do not import a scale from somewhere else
Australia has a statutory scale under the National Employment Standards, and the United Kingdom sets statutory minimum notice by length of service too. New Zealand does not, and pages that publish a New Zealand table of weeks by years of service are usually reproducing another country's law. If you have been given a figure from a table, ask which document it came from.
A notice clause does not make a dismissal lawful. Employment New Zealand states plainly that just because an employment agreement contains a notice period does not mean the employer can dismiss an employee for any reason: a fair and proper process is still required, including where the agreement is for a fixed term.