Is It Legal To Work 70 Hours A Week In New Zealand?

If you run a small business, there’ll probably be times when things get busy fast. A big client lands, you’re short-staffed, it’s peak season, or you’re simply scaling up and trying to keep up.

That’s often when the question comes up: is it legal to work 70 hours a week in New Zealand?

The short (but important) answer is: it can be legal - but only if you’re handling hours, health and safety, pay, and employment agreements properly. In practice, long hours can quickly create legal risk if you treat “70 hours” as the default expectation rather than an occasional, managed situation.

Below, we’ll break down what the law actually says, what you should be documenting, and the common traps that catch small businesses out.

Is Working 70 Hours A Week Legal In New Zealand?

In many cases, working 70 hours a week can be legal in New Zealand - because New Zealand doesn’t have a single “maximum weekly hours” rule that applies to every worker in every situation.

However, there are still important limits and protections around working time. In particular, under the Employment Relations Act 2000, an employee must not be required to work more than 40 hours a week unless they agree (for example, their employment agreement sets different hours, or they otherwise consent to additional hours).

So while “70 hours” isn’t automatically illegal, you generally can’t simply roster (or pressure) someone into 70-hour weeks without checking the legal requirements that sit around working time.

When you’re deciding whether a 70-hour week is lawful (and sensible), you’ll usually be looking at:

• The employee’s employment agreement (what hours have been agreed, and whether additional hours and overtime are contemplated)
• The Minimum Wage Act 1983 (especially if an employee is on a salary and the effective hourly rate could drop below minimum wage when the hours blow out)
• The Employment Relations Act 2000 (including the 40-hour default rule unless otherwise agreed, good faith obligations, and rest/meal break requirements)
• The Health and Safety at Work Act 2015 (fatigue and workload can become a health and safety risk)
• Break and rest requirements under employment standards

So, while “70 hours” isn’t automatically illegal, it can become unlawful (or high-risk) if it goes beyond what’s been agreed, creates a fatigue hazard, or results in pay issues.

What Matters Most: What Does The Employment Agreement Say About Hours?

For small businesses, the employment agreement is usually where the practical answer starts.

An employee’s hours of work should be set out clearly, including things like:

• their guaranteed hours (if any)
• their days of work
• their start and finish times (or how these will be set)
• whether they may be required to work additional hours, and how that happens
• how overtime is treated (if applicable)

If your agreement says someone works 40 hours per week, and you suddenly “require” 70 as a standard expectation, you can quickly end up in a situation where:

• you’re trying to change terms of employment without a proper process, or
• the employee argues they’re being treated unfairly or unreasonably.

Having a properly drafted Employment Contract is one of the simplest ways to reduce confusion about what “extra hours” means in your business (and what it doesn’t mean).

Can You Put “Reasonable Additional Hours” In The Contract?

Many New Zealand employment agreements include a clause allowing reasonable additional hours when needed.

That can be legitimate - but “reasonable” is doing a lot of work there.

What’s reasonable depends on factors like:

• the nature of the role and industry
• the employee’s seniority and pay level
• whether extra hours are occasional or constant
• how much notice is given
• health and safety (fatigue risk)
• the employee’s personal circumstances (you don’t control these, but you should consider them)

If 70-hour weeks become routine, it’s harder to argue those additional hours are “reasonable” - especially if you’re not paying overtime or giving appropriate breaks.

Breaks, Fatigue, And Your Health And Safety Duties

When your team is working very long hours, the biggest legal risk often isn’t the number “70” itself - it’s fatigue.

Under the Health and Safety at Work Act 2015, you have duties to ensure (so far as is reasonably practicable) the health and safety of workers while they’re at work. That includes managing risks created by:

• long shifts
• insufficient rest
• high workloads
• unsafe driving after long shifts (relevant for deliveries, tradies, mobile workers, late-night hospitality, etc.)
• stress and burnout

Even if a worker is “agreeable” to big hours, you still need to treat fatigue as a real workplace hazard.

Do Employees Have To Get Breaks?

Yes - in most situations, employees are entitled to rest and meal breaks. These entitlements are set out in the Employment Relations Act 2000 (and can be modified in limited circumstances only if the statutory requirements are met). The exact number and length of breaks depends on the length of the work period and the circumstances of the work, but the key takeaway is this: you generally can’t roster someone for long stretches with no meaningful breaks.

If breaks are difficult due to the nature of the work (for example, customer-facing roles with minimal coverage), you’ll want to plan staffing and rosters carefully so you can still comply. In some cases, you may need to provide alternative arrangements (rather than simply skipping breaks).

It’s also worth documenting how breaks work in your workplace policies, especially where shifts are long or unpredictable.

Pay Risks: Salary Employees, Overtime, And Minimum Wage Compliance

From a business-owner perspective, one of the easiest ways to get into trouble with a 70-hour week is pay.

There are two common risk zones:

• wage employees who are not being paid properly for all hours worked; and
• salary employees whose “effective hourly rate” falls below minimum wage when their hours blow out.

If Someone Is On A Wage

If the employee is paid hourly, you should have strong time recording practices (even if they’re informal), and you should be clear on:

• what counts as “work” (training, travel between sites, opening/closing duties, required meetings)
• who can approve overtime
• how overtime is paid (ordinary rate vs time-and-a-half, if you offer it)

Even if you don’t have to pay a special “overtime rate” under law by default, you do need to pay what has been agreed, and you must meet minimum wage requirements.

If Someone Is On A Salary

Salary roles can be a great fit for many small businesses - but only if they’re set up properly.

If a salaried employee works 70 hours a week on a regular basis, you should do a reality-check calculation:

• take their weekly salary amount
• divide it by the actual hours worked
• make sure the result is still at or above minimum wage

If the effective hourly rate drops below minimum wage, you can be exposed to arrears claims and penalties.

This is also where a clearly drafted employment agreement (and a practical approach to workload management) can save you a lot of stress later.

Can You Require An Employee To Work 70 Hours A Week?

This is usually where the legal analysis becomes more “real world”.

You might be thinking:

“We’re not forcing anyone - but the role requires it sometimes.”

What matters is how it works in practice. If an employee reasonably feels they have no choice (because refusing means discipline, fewer shifts, or threats to their job), that can look like pressure rather than genuine agreement.

Whether you can require 70 hours depends on things like:

• what the contract says about hours and overtime
• whether the employee has actually agreed to work those hours (including any additional hours beyond 40)
• whether the request is reasonable in the circumstances
• whether health and safety risks are being managed
• whether you are acting in good faith

What If The Contract Doesn’t Allow It?

If the employment agreement doesn’t support those hours, and you want to introduce a heavier workload or different roster pattern, you should treat it as a proposed change and go through a fair process (including consultation).

Small businesses often want to move fast - but changes to hours can be a major issue for staff, and handling it poorly can trigger disputes.

Practical Steps To Manage Long Hours (And Reduce Legal Risk)

If your business genuinely needs big hours at certain times (for example, seasonal demand, a one-off project, or an urgent operational issue), you can still approach it in a way that protects your business.

Here’s a practical checklist.

1. Set Clear Hours And Expectations In Writing

Make sure the role’s hours are set out properly, including what happens during busy periods.

If you use different engagement types, be careful that your documentation matches the reality - for example, there can be a big difference between casual, part-time and full-time expectations.

2. Pay Carefully (Especially Where Hours Are High)

Make sure you’re paying for all time worked and meeting minimum wage requirements.

If overtime rates apply under your agreement, follow them. If you offer time off in lieu (TOIL), document it properly and apply it consistently.

3. Manage Fatigue Like A Serious Workplace Hazard

If 70-hour weeks are on the table, you should be thinking about:

• shorter shifts rather than extremely long shifts
• rotating staff through high-demand duties
• ensuring genuine meal and rest breaks occur
• additional staffing during peak periods
• whether the role involves driving, machinery, or other high-risk tasks where fatigue is especially dangerous

This isn’t just “best practice” - it ties back to your health and safety duties.

4. Use The Right Contracting Model (But Don’t Misclassify)

Sometimes business owners consider engaging contractors to handle extra demand.

That can be a legitimate approach - but it’s important to get the classification right, because treating an employee like a contractor (when they’re really an employee) can create major liabilities.

If you do engage contractors, use a tailored Contractor Agreement and make sure the working arrangement matches contractor status in practice.

5. Keep Records And Communicate Early

Long hours often lead to misunderstandings. Keeping clear records and communicating early helps you show that:

• hours were agreed (not imposed)
• pay was calculated correctly
• breaks were provided
• health and safety risks were considered

It also helps you spot a problem before it becomes a claim.

Key Takeaways

• It can be legal to work 70 hours a week in New Zealand in some cases, but it depends heavily on the employment agreement, whether the employee has agreed to work beyond the 40-hour default, pay compliance, and health and safety management.
• Your employee’s agreed hours (and any “reasonable additional hours” clause) should be clearly set out in a properly drafted Employment Contract, so expectations don’t drift into risky territory.
• Long work weeks can create fatigue hazards, which you must manage under the Health and Safety at Work Act 2015 - even if a worker is “willing” to do the hours.
• Pay issues are a common trap: you must ensure all hours are paid correctly, and salaried staff still effectively receive at least minimum wage when actual hours are taken into account.
• If your business needs extra capacity, you can consider contractors, but only where the arrangement is genuinely contracting - and a tailored Contractor Agreement helps reduce misunderstandings.
• If 70-hour weeks are becoming “normal”, it’s often a sign you should revisit staffing levels, rosters, and role design before it turns into a legal or safety issue.

If you’d like help reviewing your staffing arrangements, updating an employment agreement, or managing overtime and workload expectations, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.