newzealand

New Zealand Employee Background Checks

Country Overview

New Zealand places a strong emphasis on data protection and human rights. The Privacy Act 1993 outlines twelve basic principles of data protection that must be adhered to when collecting, using and processing personal information.

Under the Privacy Act, personal information should not be collected by any agency (which is broadly defined to include private companies and organizations) unless there is a lawful purpose and the information collected is necessary to fulfill that purpose. Further, agencies must ensure the individual is informed of the purpose for data collection, who the intended recipients are and the name and address of the agency collecting and holding the personal information. Individuals also possess many rights under the Privacy Act, including the right to access and correct personal information. Further, unsuccessful job applicants also have the right to access information – including written notes during an interview – from the prospective employer.

In 2010, the Privacy (Cross-border Information) Amendment Act was enacted. Under the Act, the Privacy Commissioner may prohibit personal data transfers from New Zealand to another country if particular situations are met such as the Commissioner believes that the information has been or will be sent to a country that does not have adequate data protections in place.

Additionally, the Criminal Records Clean Slate Act 2004 will wipe an individual’s record if the following requirements are met (as outlined by the Ministry of Justice):

  • No convictions within the last 7 years
  • Never been sentenced to a custodial sentence (such as prison, corrective training or borstal)
  • Never been convicted of a sexual offence (‘specified offence’)
  • Fully paid any fine, compensation, reparation or costs ordered by the court in a criminal case
  • Never been banned from driving until further notice (indefinite disqualification)
  • Never been held in hospital by the court in a criminal case instead of being sentenced, due to your mental condition.

If an individual meets the above requirements he/she can legally state that there is no criminal record conviction history. However, if the individual commits another offense, doesn’t fully pay court fines/costs or gets permanently banned from driving, all previously wiped criminal convictions will be added back to the individual’s record.

For further information, request our New Zealand Country Data Sheet by calling (877) 360-4636 or completing this form: https://infocubic.com/contact-us/.

 
Individual Records Searches   Signup

  Criminal (National Criminal Record Search) – Recommended  

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Requirements: Name, date of birth, city, release form

A copy of the data subject’s criminal record is obtained through the Ministry of Justice. This search requires use of a specific consent form and a copy of the data subject’s ID.

Approved Agencies that provide care to children and vulnerable members of society (regulated by the Children’s Worker Safety Check under the Vulnerable Children Act 2014) may register and work directly with the New Zealand Police Vetting Service.

  Criminal (National Database) 

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The Nationwide Database Search is a proprietary database product that consists of publicly available case law, and state, territory and criminal court information. This should not be considered an official criminal search akin to the National Police Check, but can provide insight into an individual’s background if a faster search is desired.

  New Zealand Civil Records Search - Nationwide 

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Requirements: Name, date of birth, address (including city), release

This search is conducted at the nationwide level. Report may include case type, file date, case number, name of court where case was filed, plaintiff, defendant and disposition if a case can be located.

  New Zealand Bankruptcy Records Search 

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Requirements: Name, date of birth, address, release form

This search is performed through the New Zealand Insolvency Register. Report may include file date, case number, name of court where case was filed and case status if a bankruptcy case can be located.

  Education Degree Verification in New Zealand 

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Requirements: Name, date of birth, school name, degree, major, dates of attendance, city of school and release form

It is common to verify only the highest degree obtained by a candidate. Educational institutions will be contacted to verify dates of attendance, graduation date and degree information.

  Employment Verification in New Zealand 

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Requirements: Name, date of birth, employer name and contact information, dates of employment, position held and release form

Employers will be contacted to verify the individual’s title, dates of employment and if the candidate is eligible for rehire. Typically employment verifications do not extend beyond a 7 year time frame in the absent a legal or regulatory requirement to obtain that information.

  Reference Check in New Zealand 

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Requirements: Applicant name and date of birth, reference's relationship, contact name and contact information (including phone number and email address)

This search is conducted via telephone (or at times e-mail) with the individual’s personal or professional references using a standard list of questions.

  Credit Report 

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Requirements: Name, date of birth, address, release form

A credit report will disclose any adverse financial history in the last five years about the candidate, including loan defaults, debt collections, insolvencies, court judgments or bankruptcies.

This search should only be used for positions that involve “significant financial risk” (See the Credit Reporting Privacy Code 2004). The New Zealand Human Rights Commission notes that credit checks are permissible if there is a legitimate reason (such as if the job involves dealing with money, accounts, etc.) and consent is obtained.

  Professional License Verification 

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This search verifies the individual’s claimed license. Most often, the Professional License Verification simply provides the current status of the license claimed; however, other details such as license number, date of issuance, expiration and disciplinary action will be provided when available.

  Global Monitor Check 

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Requirements: Name, date of birth, address

The Global Monitor Check (GMC) is database product that searches a variety of databases including (but not limited to):

  • • Bank of England Sanctions
  • • Commodity Futures Trading Commission List of Regulatory and Self-Regulatory Authorities
  • • Defense Trade Controls (DTC) Debarred Parties
  • • FBI Fugitives 10 Most Wanted, Most Wanted Terrorists and Monthly Most Wanted
  • • Financial Crimes Enforcement Network Special Alert List
  • • Foreign Agent Registrations
  • • International Police Most Wanted
  • • Office of Foreign Asset Control
  • • OFAC - Enhanced Sanctioned Countries
  • • OFAC – Palestinian Legislative Council
  • • Office of Controller of Currency of Unauthorized Banks
  • • OSFI - Canada
  • • Politically Exposed Persons
  • • State Department Terrorist Exclusions
  • • Terrorists Inside of European Union
  • • Terrorists Outside of European Union
  • • United Nations Named Terrorists
  • • US Bureau of Industry and Security - Unverified Entity List
  • • US Bureau of Industry and Security - Denied Entity List
  • • US Bureau of Industry and Security - Denied Person List
  • • World Bank Ineligible Firms

  ID Check in New Zealand 

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Requirements: Name, DOB, Address, Consent Form, Identification Card Color Copy (Front and Back)

A validation and/or verification of the data subject’s identity documents.

  Directorship Check in New Zealand 

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Requirements: Name, date of birth, address, passport copy, company name where directorship was held, company address, In-Country Residence History Form

A search to determine if a candidate had fiduciary or board of directors responsibilities for a company.

Individual Packages   Signup

  Employment Screening Package 

  signup

Requirements: Name, date of birth, city, school name, degree obtained, dates of attendance, city of school, employer name and contact information, dates of employment, position and release form

The employment screening package provides discounted pricing rather than ordering individual products. The package Includes:

  • - Criminal Background Check
  • - Highest Degree Verification
  • - One Employment Verification

  Criminal and Civil Search Package 

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Requirements: Name (including former name), dob, address, release

The Criminal and Civil Search Package offers discounted pricing of our most popular searches. This bundle includes one criminal records search and one civil records search, based on the jurisdiction of the address provided.

  Civil and Bankruptcy Search Package 

  signup

Requirements: Name (including former name), dob, address, release

The Civil and Bankruptcy Search Package offers discounted pricing of our most popular due diligence searches. This bundle includes one civil records search and one bankruptcy records search, based on the jurisdiction of the address provided.

 

New Zealand Criminal Searches through the Police


Although the police are not able to provide a Police Certificate, they will process requests for criminal information for companies that work with the care of children, elderly and other vulnerable individuals.

 

New Zealand Police Certificate


Police Certificates/Clearances are not available in New Zealand. Individuals can apply through the Ministry of Justice for a copy of their conviction record and provide the copy to the third party. For more information you can call the telephone number below and ask to speak with a Criminal Records Officer.

Criminal Records Unite
Ministry of Justice
SX10161 Wellington, New Zealand
+64 (4) 918 8800

 

New Zealand Privacy laws & Regulations


The Criminal Records (Clean Slate) Act of 2004 has a set of criteria that when met, certain criminal convictions are concealed. It is not necessary for the individual to apply for concealment. As long as the criterion continues to be met the criminal conviction will remain concealed.

Criteria to conceal a criminal record under the Criminal Records (Clean Slate) Act of 2004:

  • • No convictions within the past 7 years
  • • Never sentenced to imprisonment, corrective training or any other custodial sentence
  • • Never ordered by court to be detained in a hospital for a mental condition instead of being sentenced in a criminal case
  • • Never convicted of a "specified offense" (sexual offenses against children, mentally impaired etc.)
  • • All costs and fines associated with the case must be paid
  • • Never disqualified indefinitely from driving under section 65 Land Transportation Act 1998

The Privacy Act 1993, covers information privacy and includes 12 Information Privacy Principles. The privacy principles explain how individual's information should be used, collected and stored. For more information on The Privacy Act 1993, visit the New Zealand Ministry of Justice's website.

 

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