Hiring the right people is one of the most important decisions any employer makes. In New Zealand, employment screening helps organisations make informed and confident decisions, in turn helping to protect their people, their customers, and their reputation.
At the heart of employment screening in New Zealand is the Criminal Record check, processed through the Ministry of Justice (MOJ). Whether you are hiring for a customer-facing role, a position of trust, or a regulated industry, understanding how these checks work and what the law allows is essential.
This article provides an overview of the New Zealand screening landscape in clear and practical terms. It covers MOJ checks, the Clean Slate Scheme, candidate consent obligations, and how to choose a screening provider that supports your business.
What Is Employment Screening in New Zealand?
Employment screening is the process of verifying key information about a candidate before or sometimes after making a hiring decision. It helps employers confirm identity, assess suitability, and support role-relevant hiring decisions.
In New Zealand, common types of employment screening include:
- Criminal Record Check (MOJ checks)
- Identity verification
- Employment and reference checks
- Qualification and credential verification
- Industry-specific checks for regulated roles
Screening is not mandatory for every role, but it is widely considered best practice, particularly where employees work with vulnerable individuals, handle sensitive data, or operate in positions of financial trust.
Why Screening Matters for Employers
Pre-employment screening supports more informed hiring decisions and helps organisations build confidence in their workforce.
For New Zealand employers, strategic screening can:
- Help support informed hiring decisions
- Help mitigate potential hiring risks
- Reinforce trust with employees, clients, and stakeholders
- Demonstrate due diligence and responsible hiring practices
Screening is most effective when integrated into a broader people management process that includes recruitment, hiring, onboarding, and post-hire monitoring.
When Should Employers Use Employment Screening?
Employment screening is typically implemented for roles that involve trust, responsibility, or access to sensitive information.
Employers may consider screening when:
- Hiring for roles involving financial responsibility
- Employing individuals working with vulnerable groups
- Verifying identity and employment history
- Supporting internal risk management processes
Applying screening processes and standards consistently across relevant roles helps SMEs establish a structured and repeatable hiring process.
Understanding Criminal Record Check
What Is an MOJ Check?
A Criminal Record Check, (also known as a criminal conviction history), is a search of the New Zealand Ministry of Justice criminal records database. It returns information about an individual's criminal convictions that are not concealed under the Clean Slate Scheme.
What Information Is Included?
A New Zealand Criminal Record Check, is designed to give employers critical information of an individual's criminal records history. This report, sourced directly from the Ministry of Justice, includes disclosable criminal and traffic convictions. It's also important to note what this check does not report:
- Information on pending charges
- Charges that haven’t gone to court yet
- Any charges where you weren’t convicted
- Times you’ve gone to court and were found not guilty
- Military (Court Martial) convictions
- Overseas convictions
- Police diversions
- Charges in the Youth Court
- Demerit points and driver licence suspensions. You can get a report on these from the New Zealand Transport Agency.
The information provided is governed by the New Zealand Criminal Records (Clean Slate) Act 2004 (“the Act”), which allows individuals to keep certain historical convictions private under specific conditions.
Understanding the nuances of the Act can be crucial for employers, as it helps to ensure they’re using background check information correctly and fairly.
When Employers Use These Checks
Criminal Record Checks are commonly used when:
- Roles involve working with vulnerable groups
- The position involves financial responsibility or sensitive data
- Industry regulations require or recommend screening
- Employers apply consistent, role-based screening policies
Employers should apply checks consistently and proportionately to avoid fairness and discrimination concerns.
The Clean Slate Scheme Explained
What Is the Clean Slate Scheme?
The Clean Slate Scheme, established under the Criminal Records (Clean Slate) Act 2004, allows eligible individuals to have their criminal convictions concealed from standard checks.
How It Affects Criminal Records
Quick Check: Clean Slate Eligibility
An individual may qualify for the Clean Slate Scheme if they:
- Have not been convicted of any offence for seven or more years
- Have never received a custodial sentence
- Have not been convicted of a specified serious offence
- Have paid all fines and reparations
Eligible convictions will not appear in an MOJ check.
What Employers Need to Know
The Clean Slate Scheme has practical implications for employers:
- A clear result does not necessarily mean no historical convictions
- Employers must not request disclosure of concealed convictions
- Decisions must not be based on concealed information
- All information must be handled confidentially
In limited circumstances, certain roles governed by specific legislation may require additional disclosure requirements. Employers should confirm whether any exceptions apply to their sector.
Employers should seek professional advice if unsure about their obligations.
Other Screening Checks Employers May Use
In addition to MOJ checks, employers may use:
Identity Verification
Confirms candidate identity using official documents.
Employment History Checks
Verifies past roles, responsibilities, and experience.
Industry-Specific Requirements
Applies to sectors such as healthcare, childcare, and financial services.
What Compliance Requirements Apply to Employment Screening in New Zealand?
Employment screening must align with New Zealand’s legal and compliance framework, which include amongst others:
- Privacy Act 2020
- Human Rights Act 1993
- Criminal Records (Clean Slate) Act 2004
Key considerations include:
- Obtaining informed and specific candidate consent for each type of check, including Criminal Record Checks processed through the Ministry of Justice
- Collecting only relevant information
- Applying screening fairly and consistently
- Handling personal data securely
- Notifying candidates when personal information is collected indirectly through third-party screening providers, in line with Privacy Act requirements
If unsure, employers should seek independent legal or HR advice.
Why Trust Matters in Employment Screening
Employment screening involves sensitive personal data and plays a direct role in hiring decisions. For employers, trust is not only about the outcome of a check, but also how the process is conducted.
Using a trusted screening provider helps ensure that checks are conducted in line with Ministry of Justice requirements, privacy obligations, and recognised best practices.
Working with Trusted Data Sources
In New Zealand, Criminal Record Checks are processed through the Ministry of Justice. This ensures that information is sourced from official records, subject to the Clean Slate Scheme.
Protecting Candidate Privacy
Employers should ensure that providers follow data protection practices aligned with the Privacy Act 2020, including secure handling and storage of personal information.
Supporting Consistent and Fair Hiring Decisions
A structured screening process supports consistent, role-relevant, and defensible hiring decisions across the organisation.
How the Screening Process Works
Step 1: Candidate Consent
Before any check is submitted, the candidate must provide informed and specific written consent.
Step 2: Identity Verification
Identity verification confirms that the candidate is who they claim to be. In New Zealand, this typically follows Evidence of Identity standards using documents such as a passport or New Zealand driver license.
Step 3: Record Check Submission
The Criminal Record check is submitted to the Ministry of Justice through a screening provider.
Step 4: Results Delivery
Results are returned securely, with timeframes depending on the provider and complexity of the check.
Choosing a Screening Provider in New Zealand
When selecting an accredited New Zealand background check provider, consider:
- Accuracy and compliance with MOJ processes
- Turnaround time
- Data security practices
- Ease of use and support
A trusted provider helps support both compliance requirements and operational efficiency.
Key Takeaways
- MOJ Criminal Record checks are the standard in New Zealand
- The Clean Slate Scheme affects available records
- Candidate consent is mandatory and must be specific
- Screening helps support informed hiring decisions
- Trusted providers help support compliance and consistency
Frequently Asked Questions
What is a Criminal Record check?
A Criminal Record Check, also known as an MOJ check, is a search of the New Zealand Ministry of Justice criminal records database. It returns details of an individual's disclosable criminal convictions and is the standard method used for employment screening in New Zealand.
What is the Clean Slate Scheme?
The Clean Slate Scheme, established under the Criminal Records (Clean Slate) Act 2004, allows eligible individuals to have their criminal convictions concealed from standard checks. If a person meets the eligibility criteria, their convictions will not appear in an MOJ check and they are not required to disclose them.
Are background checks allowed in New Zealand?
Yes, employers in New Zealand are permitted to conduct background checks as part of their hiring process. However, they must obtain the candidate’s informed consent and ensure that checks are relevant to the role and applied consistently in line with the Privacy Act 2020 and the Human Rights Act 1993.
Pre-employment tests and checks may include drug and alcohol screening, as well as reference checks. For more information on conducting these prior to a candidate’s start date, please refer to the Employment NZ page.
What information can employers access through an MOJ check?
Employers can access details of criminal convictions that are not concealed under the Clean Slate Scheme. This includes criminal and traffic convictions. Employers cannot access concealed convictions or information outside of what is returned in the official check.
How long do Criminal Record checks take?
Turnaround times vary depending on the provider and the complexity of the request. In most cases, results are returned within a few working days. Using a reputable screening provider can help ensure checks are processed efficiently.
Related Articles
To support a more comprehensive understanding of employment screening in New Zealand, additional resources will further explore key topics such as:
- Criminal Record checks for employer
- The Clean Slate Scheme and its implications
- Identity verification in hiring
- Employment screening best practices for SMEs
These articles are being developed to complement this guide and provide more detailed, role-specific guidance for employers.
Get Started with Employment Screening
Choosing a trusted screening provider helps support both compliance requirements and efficient hiring workflows.
Request a Criminal Record check for your organisation in New Zealand.