Illegal Questions In Interviews: What NZ Employers Can Ask

In New Zealand, you generally shouldn't ask interview questions about a candidate's age, pregnancy or family plans, medical history, disability, religion, ethnicity, relationship status, sexual orientation, political views or union involvement unless the question is genuinely necessary for the role.

A safe rule is simple: only ask for information you need to assess whether the person can do the job, and ask your core questions consistently.

Hiring your next team member should feel exciting, not like a legal trap. Most employers are trying to be friendly and thorough, but casual small talk can quickly drift into areas that create discrimination risk, privacy issues or an unfair recruitment process. With a bit of structure, you can run interviews that are warm, human and legally safer.

What Makes An Interview Question Illegal In New Zealand?

There's no single New Zealand list of exact words you can never say in an interview. The risk usually comes from why you're asking, whether the information is genuinely needed, and how it affects your decision.

Interview questions become a legal problem when they:

• Relate to a protected ground of discrimination and aren't genuinely connected to the role.
• Collect personal information you don't need for the recruitment process.
• Create an inconsistent process, such as asking only women about childcare or only older candidates about retirement plans.
• Lead to a hiring decision that looks biased, even if you didn't intend to discriminate.

Under the Human Rights Act 1993, employers must not discriminate in employment, including recruitment, on protected grounds such as sex, pregnancy, marital status, family status, religious belief, ethical belief, colour, race, ethnic or national origins, disability, age, political opinion, employment status and sexual orientation.

Recruitment also involves privacy obligations. Under the Privacy Act 2020, you should only collect personal information where it's necessary for a lawful purpose connected to hiring, tell candidates why you're collecting it where appropriate, store it securely, and avoid using it for unrelated purposes.

Once you choose a candidate, the next step is usually to document the role clearly in a properly tailored Employment Contract. A fair interview process and clear written terms work best together.

What Can't You Ask In An Interview?

The questions below are common examples of illegal or high-risk interview questions in New Zealand. The main issue is whether the question is genuinely needed for the role.

Age And Retirement

High-risk questions include:

• "How old are you?"
• "What year did you graduate?"
• "Are you close to retirement?"
• "Will you be able to keep up with a young team?"

Age is a protected ground. It's usually not legal or necessary to ask a candidate's age just because you're curious, concerned about energy levels, or thinking about team culture.

Safer alternatives:

• "This role requires using Xero, Shopify and our booking system daily. Tell us about your experience with similar tools."
• "The role involves standing for most of the shift and lifting boxes up to 15kg. Are you able to perform those tasks safely, with any reasonable support if needed?"
• "Are you legally entitled to work in New Zealand?"

Pregnancy, Family Plans And Caring Responsibilities

High-risk questions include:

• "Are you pregnant?"
• "Do you plan to have children soon?"
• "Do you have kids? Who looks after them?"
• "Will childcare be a problem for you?"

These questions can create risk around sex, pregnancy and family status discrimination. Even if your real concern is roster reliability, ask about the roster rather than the candidate's family life.

Safer alternatives:

• "The standard hours are 8:30am-5:00pm, Monday to Friday. Can you work those hours consistently?"
• "This role requires one Saturday shift every 4 weeks. Can you meet that requirement?"
• "Are there any commitments that would prevent you from meeting the advertised roster?"

Medical Conditions, Disability And Mental Health

High-risk questions include:

• "Do you have a disability?"
• "Do you have anxiety, depression or any medical issues?"
• "How many sick days did you take last year?"
• "What medication are you on?"

So, can you ask about medical conditions in an interview? Usually, not in a broad or general way. You can ask about the candidate's ability to perform the inherent requirements of the role safely and effectively, and whether they need reasonable adjustments. You shouldn't ask for diagnoses or medical history unless there's a clear, role-related reason.

Safer alternatives:

• "These are the core tasks of the role. Is there anything that would prevent you from performing them safely and effectively?"
• "Do you need any reasonable adjustments for the interview or to perform the role?"
• "This is a safety-sensitive role involving machinery. Are you able to meet the safety requirements we have described?"

If you're considering drug testing for a genuinely safety-sensitive role, make sure you have consent, a clear policy and the right documentation, such as a Drug Test Consent Form.

Religion, Culture, Race, Ethnicity And Nationality

High-risk questions include:

• "What religion are you?"
• "Will your religious holidays affect your work?"
• "Where are you really from?"
• "Is English your first language?"
• "What is your ethnicity?"

Questions about religion, race, colour, ethnic or national origins can create a discrimination risk. If your concern is availability or communication, ask about those job requirements directly.

Safer alternatives:

• "The role requires availability on Tuesdays and Thursdays from 2pm-9pm. Can you work those shifts?"
• "This role involves writing customer emails and preparing weekly reports. Can you tell us about your experience with written communication?"
• "Are you legally entitled to work in New Zealand?"

Relationship Status, Sexual Orientation, Politics And Union Involvement

High-risk questions include:

• "Are you married?"
• "Do you have a partner?"
• "Are you gay or straight?"
• "Who did you vote for?"
• "Are you in a union?"

These topics rarely have anything to do with whether someone can do the job. They can also make candidates feel unsafe or judged before they have had a fair chance to show their skills.

Safer alternatives:

• "Tell us about a time you worked with someone who had a different working style to you."
• "How do you handle disagreement in a team setting?"
• "Our team gives and receives direct feedback weekly. How do you prefer to receive feedback?"

Questions To Ask In An Interview In NZ

Good interview questions are specific, role-based and consistent. They help you assess the candidate without prying into personal areas you don't need to know.

For most small businesses, a strong interview question bank covers 5 areas:

• Skills: "Walk us through your experience with the software, tools or processes used in this role."
• Experience: "Tell us about a similar role or project and what you were responsible for."
• Scenario judgement: "A customer complains that their order is late and wants a refund. What would you do first?"
• Availability: "The advertised hours are Tuesday to Saturday, 10am-6pm. Can you meet that roster?"
• Safety and compliance: "This role requires following stock handling and health and safety procedures. Tell us about a time you followed a detailed process at work."

You can still be friendly. A warm interview doesn't mean asking personal questions. Try opening with neutral prompts like:

• "Thanks for coming in. Did you find the office okay?"
• "What interested you in this role?"
• "What would help you do your best in this interview?"

If you're comparing employees with contractors, be careful not to use the interview to disguise an employment relationship as contracting. The Employment Relations Act 2000 makes it important to get the worker type right in both the documents and the day-to-day arrangement. If someone is genuinely a contractor, a properly drafted Contractors Agreement can help set the commercial terms clearly.

A Worked Example: Choosing Between Candidates Fairly

Imagine you run a Wellington cafe and you're hiring a supervisor. The role needs weekend availability, cash-up experience, team leadership, customer complaint handling and food safety knowledge.

Before the interviews, you create a scorecard with 5 criteria, each scored out of 5:

• Weekend availability
• Cash-up and POS experience
• Leading a small team
• Handling difficult customers
• Food safety and stock procedures

Each candidate is asked the same 8 core questions. You avoid asking Aroha whether her children will affect weekend shifts, even though she mentions school pick-up while making casual conversation.

Instead, you ask everyone: "This role requires Saturday and Sunday work on a rotating roster. Can you meet that requirement?"

Mei scores highest because she has 2 years of supervisor experience, has managed cash-up at a busy venue, gives a strong customer complaint example, and confirms she can work the rotating weekend roster.

Your notes say: "Strong POS and cash-up experience. Clear process for customer complaint. Available for rotating weekends. Food safety certificate current."

That decision is much easier to defend than notes like "Aroha may struggle with kids" or "Ben seems too young". The scorecard shows that the decision was based on the role, not assumptions about personal circumstances.

How To Run A Safe Hiring Process Step By Step

You don't need a complicated process. You need a consistent one.

1. Define The Role: Write down the core duties, hours, safety requirements, licences, tools and experience genuinely needed.
2. Prepare A Question Set: Create the same core questions for every candidate applying for the same role.
3. Use A Scorecard: Score each candidate against job-related criteria rather than gut feel or "culture fit".
4. Train Interviewers: Make sure anyone interviewing knows which topics to avoid and how to redirect personal conversations.
5. Ask For Consent Where Needed: Get consent before reference checks, background screening, medical checks or drug testing.
6. Keep Notes Factual: Record skills, examples and role-based observations, not assumptions about age, family, health or background.
7. Store Applicant Information Securely: Keep CVs, interview notes and screening information only for as long as you need them.
8. Review Before Offering: Check that your preferred candidate was chosen for job-related reasons you can explain.

A Legal Health Check can help you identify areas to review, including employment documents, privacy and contracts.

What About Medical Checks, Police Checks, Social Media And References?

Screening can be legitimate, but it should be relevant, proportionate and handled carefully under the Privacy Act 2020.

References

Reference checks are common, but you should get the candidate's consent first. Ask referees about role-related matters such as duties, performance, reliability, teamwork and conduct. Avoid fishing for personal information you couldn't properly ask the candidate directly.

Police Checks And Criminal History

Police vetting or criminal history checks may be appropriate for some roles, for example where the person will work with children or vulnerable people, handle large amounts of money, access highly sensitive information, or work in a security-sensitive environment.

They shouldn't be a default step for every hire. If you can't explain why the check is relevant to the role, you may be collecting more personal information than you need.

Medical Checks And Drug Testing

Medical checks should be tied to the inherent requirements of the role. For example, a pre-employment medical may be more justifiable for a safety-sensitive warehouse role than for a desk-based admin role. Drug testing should be supported by clear consent, a policy and a genuine safety rationale.

Social Media Checks

Social media checks can create risk because you may see protected information, such as religion, pregnancy, relationship status, political views or disability, before making your decision.

If you do online checks, set a clear purpose, apply the same process to comparable candidates, do it at a consistent stage, and only record job-related concerns. Don't reject someone because you simply don't like their personal life.

If your recruitment process involves collecting and storing applicant data, such as CVs, interview notes, ID documents or screening results, a clear Privacy Policy and internal handling process can help you manage that information properly.

Hiring Going Wrong: What To Do In NZ

If an interviewer asks the wrong question, don't panic or try to cover it up. Fix the process quickly and fairly.

• Redirect The Conversation: If a personal topic comes up, bring it back to the role. For example: "We don't need to discuss your family arrangements. What we need to confirm is whether you can work the advertised roster."
• Do Not Use The Information: Make sure the decision is based only on job-related criteria.
• Record What Happened Factually: Keep a neutral note of the question, the correction and the role-based criteria used.
• Review Other Candidates: Check whether the same core process was followed for everyone.
• Pause If Needed: If the issue may have affected the outcome, pause before making an offer and get guidance on how to proceed fairly.
• Update Your Process: Improve your interview template, scorecard and interviewer training before the next hire.

A candidate who believes they were discriminated against may complain to the Human Rights Commission or take other steps available under New Zealand employment and human rights laws. Even where you didn't intend to do anything wrong, responding can take time and damage trust. The best protection is a process that shows your decision was fair, consistent and based on the role.

Key Takeaways

• Illegal or high-risk interview questions are usually questions about protected personal matters that aren't genuinely needed for the job.
• Don't ask about age, pregnancy, family plans, medical history, religion, ethnicity, relationship status, sexual orientation, politics or union involvement unless there's a clear, role-related reason.
• Ask every candidate the same core questions and assess them against a scorecard based on skills, experience, availability and safety requirements.
• Medical checks, police checks, drug testing, social media checks and references should be relevant, proportionate and supported by consent where needed.
• Keep interview notes factual and job-related, and store applicant information securely in line with the Privacy Act 2020.
• After hiring, support the process with clear employment documents, policies and worker agreements that match the real working arrangement.

If you'd like help with safe interview templates, employment contracts, contractor agreements or privacy processes for hiring, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.