Are unpaid internships legal in New Zealand?

Question Details: Recently in the US and the UK there has been a lot of press about internships, especially unpaid ones. What does NZ labour law have to say about internships? I haven't been able to find much solid information, I would really appreciate it if you could point me in the direction of some.

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Answers by Lawyers

Community Law Wellington & Hutt Valley

Yes, voluntary internships are legal in New Zealand. The term "intern" is not often used in New Zealand and is not found in our laws. The Employment Relations Act 2000 governs employment relationships and it states that a volunteer is not an employee (and would therefore not fall under the rights and obligations provided for in our laws).

Other laws still apply to a volunteer however such as the Human Rights Act (freedom from discrimination etc), and health and safety laws.

If someone is paid a small amount to "intern" then they may be an employee, but this depends on the facts of the situation.

For further information on employment law please see www.ers.govt.nz and chapters 12 -14 of the Community Law Manual www.communitylaw.org.nz.

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