Country profile NZL
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 2016 | C138 & C182 | Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 | [{"link_name":"-Health and Safety at Work (General Risk and Workplace Management) Regulations 2016","source_link":"https://www.legislation.govt.nz/regulation/public/2016/0013/latest/dlm6727530.html"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4296549,102775"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Sections 43–48 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 prohibit persons under 15 from carrying out or being present in areas involving manufacturing, construction, tree-felling, hazardous substances, heavy lifting, or machinery. However, the CEACR (Observation 2022, published 111th ILC session, 2023) notes that no national list of hazardous work prohibited for persons under 18 has been adopted. The Committee recalls that under Article 4(1) and (3) of Convention C138, such a list must be established by law or regulation, reviewed periodically, and developed in consultation with employers' and workers' organisations. The Government has indicated that revisions are under consideration but not yet finalised. |
| Minimum age for hazardous work | 2016 | C138 & C182 | Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 - Sections 43–48 | [{"link_name":"-Health and Safety at Work (General Risk and Workplace Management) Regulations 2016","source_link":"https://www.legislation.govt.nz/regulation/public/2016/0013/latest/dlm6727530.html"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4296549,102775"}] | 15 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Sections 43–48 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 prohibit persons under 15 years from carrying out or being present in areas where goods are manufactured; construction work, logging, or tree-felling is performed; hazardous substances are used or generated; heavy lifting is required; or machinery is operated. The CEACR (Observation 2022, published 111th ILC session 2023) notes that the minimum age for hazardous work remains 15 and that discussions to raise it to 16 are ongoing. The Committee recalls that authorisation for hazardous work from age 16 must comply with Paragraph 4 of Recommendation No. 190, requiring strict protection and adequate instruction or vocational training. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 1975; 1961 (amended 2002) | C182 | Misuse of Drugs Act 1975 - Section 6 ; Crimes Act 1961 - Section 98D | [{"link_name":"-Misuse of Drugs Act 1975","source_link":"https://www.legislation.govt.nz/act/public/1975/0116/latest/dlm436101.html"},{"link_name":"-Crimes Act 1961","source_link":"https://www.legislation.govt.nz/act/public/1961/0043/latest/DLM327382.html"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Under Section 6 of the Misuse of Drugs Act 1975, it is illegal for any person to cultivate, produce, supply, or traffic illegal drugs, with no age exemption; hence any person under 18 involved in such activities is committing an offence. Section 98D of the Crimes Act 1961 criminalises human trafficking—including children—into illicit activities; this includes drug trafficking when it involves coercion, deception or other trafficking methods. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 1961 (amended 2005); 2003; 1993 | C182 | Crimes Act 1961 - Section 98AA, Section 98D(2) ; Prostitution Reform Act 2003 - Section 22 ; Films, Videos, and Publications Classification Act 1993 - Section 3(2)(a) | [{"link_name":"-Crimes Act 1961","source_link":"https://www.legislation.govt.nz/act/public/1961/0043/latest/DLM327382.html"},{"link_name":"-Prostitution Reform Act 2003","source_link":"https://www.legislation.govt.nz/act/public/2003/0028/latest/dlm197815.html"},{"link_name":"-Films, Videos, and Publications Classification Act 1993","source_link":"https://www.legislation.govt.nz/act/public/1993/0094/latest/DLM312895.html"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Crimes Act 1961: Section 98AA criminalises dealing in persons under 18 for sexual exploitation, forced labour, or removal of body parts; Section 98D(2) expressly prohibits trafficking of persons, including children, through coercion or deception. Prostitution Reform Act 2003: Section 22 prohibits any person under 18 from providing commercial sexual services. Films, Videos, and Publications Classification Act 1993: Section 3(2)(a) deems any publication that depicts the sexual exploitation of minors—whether recorded or live—as “objectionable,” making its production, distribution, or possession punishable by law. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1990 | C182 | Defence Act 1990 - Section 125A | [{"link_name":"Defence Act 1990","source_link":"https://www.legislation.govt.nz/act/public/1990/0028/latest/dlm204973.html"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Section 125A of the Defence Act 1990 prohibits compulsory military service, stating that no person under 18 may be conscripted. There is no legal provision for the forced recruitment of individuals of any age. Recruitment is strictly voluntary. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 1961 | C182 | Crimes Act 1961 - Sections 98AA and 98D | [{"link_name":"Crimes Act 1961","source_link":"https://www.legislation.govt.nz/act/public/1961/0043/170.0/DLM327382.html"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Sections 98AA and 98D of the Crimes Act 1961 prohibit dealing in persons under 18 years for the purposes of sexual exploitation, forced labour, removal of body parts, and human trafficking. Section 98D(2) expressly criminalises the trafficking of persons, including children, by means of coercion, deception, or similar conduct. |
| Minimum age for admission to apprenticeship | 2020 | C138 | Education and Training Act 2020 - Section 382(1) | [{"link_name":"Education and Training Act 2020","source_link":"https://www.legislation.govt.nz/act/public/2020/0038/latest/LMS170676.html"}] | 16 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Section 382(1) of the Education and Training Act 2020 provides that a person must be at least 16 years old to enter into a training agreement for an apprenticeship. The training must be part of a programme approved by a recognised industry training organisation under the authority of the New Zealand Qualifications Authority. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2020 ; 2016 | C138 | Education and Training Act 2020 - Sections 35, 42, 70 and Schedule 6 - Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 | [{"link_name":"-Education and Training Act 2020","source_link":"https://www.legislation.govt.nz/act/public/2020/0038/latest/LMS170676.html"},{"link_name":"-Health and Safety at Work (General Risk and Workplace Management) Regulations 2016","source_link":"https://www.legislation.govt.nz/regulation/public/2016/0013/latest/dlm6727530.html"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | New Zealand has not ratified ILO Convention C138 and does not set a universal minimum age for admission to work. Compulsory schooling is required between ages 6 and 16 under the Education and Training Act 2020 (Section 35). The Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 prohibit persons under 15 from hazardous work (Regulation 58), while the Education and Training Act 2020 restricts school-aged children under 16 from working during school hours and between 22:00 and 06:00 (Section 42; Schedule 6, Section 70) . As such, there is no legislated minimum age that ensures admission to work occurs only after the completion of compulsory schooling; instead, the legal framework combines sector-specific safety rules with time-based restrictions to protect young people’s education. |
| Light work - Determination of types and conditions of activities | 2016 ; 2020 | C138 | Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 - Regulation 58 ; Education and Training Act 2020 - Sections 42, 70 and Schedule 6 | [{"link_name":"-Health and Safety at Work (General Risk and Workplace Management) Regulations 2016","source_link":"https://www.legislation.govt.nz/regulation/public/2016/0013/latest/dlm6727530.html"},{"link_name":"-Education and Training Act 2020","source_link":"https://www.legislation.govt.nz/act/public/2020/0038/latest/lms170676.html"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Regulation 58 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 requires persons conducting a business or undertaking (PCBUs) to prevent those under 15 from engaging in hazardous work, implicitly permitting non‑hazardous activities to be carried out by this age group. Under the Education and Training Act 2020, school-age children (usually under 16) are restricted from working during school hours and between 10 pm and 6 am (Section 42; Schedule 6 Section 70), thereby setting temporal limits. These combined statutes effectively delineate the conditions, timing, and types of non-hazardous, part-time activities that children aged approximately 13–14 may undertake outside school hours and under appropriate supervision. |
| Minimum age for light work | 2015; 2016; 2020 | C138 | Health and Safety at Work Act 2015 - Regulation 58 ; Health and Safety at Work (General Risk and Workplace Management) Regulations 2016; Education and Training Act 2020 - Sections 42, 70 and Schedule 6 | [{"link_name":"-Health and Safety at Work Act 2015","source_link":"https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976660.html"},{"link_name":"-Health and Safety at Work (General Risk and Workplace Management) Regulations 2016","source_link":"https://www.legislation.govt.nz/regulation/public/2016/0013/latest/DLM6727609.html"},{"link_name":"-Education and Training Act 2020","source_link":"https://www.legislation.govt.nz/act/public/2020/0038/latest/lms170676.html"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | New Zealand has not set a minimum age for light work. However, it is worth noting that relevant legal provisions regulate the types of work children and young persons may undertake. Under Regulation 58 of the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, persons under 15 years of age are prohibited from working in areas where goods are manufactured, or in roles involving machinery, construction work, or other hazardous environments. The Education and Training Act 2020 further prohibits school-aged children (typically under 16) from working during school hours (Section 42) and from working between 10:00 pm and 6:00 am (Section 70, Schedule 6). While the law does not define or refer to “light work,” these combined provisions effectively allow children aged 13–14 to engage in non-hazardous, part-time work outside school hours, subject to legal restrictions and parental supervision. Children under 13 may only perform very limited forms of work (such as newspaper delivery), under specific conditions. |
| Minimum age for admission to work | 2015 ; 2016 | C138 | Health and Safety at Work Act 2015 ; Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 - Section 46 | [{"link_name":"-Health and Safety at Work Act 2015","source_link":"https://www.legislation.govt.nz/act/public/2015/0070/latest/whole.html"},{"link_name":"- Health and Safety at Work (General Risk and Workplace Management) Regulations 2016","source_link":"https://www.legislation.govt.nz/regulation/public/2016/0013/latest/dlm6727530.html"}] | No | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | New Zealand has not ratified ILO Convention C138, and there is no single, general minimum age for admission to employment across all sectors. However, national legislation imposes age-based restrictions for hazardous work. Under the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, persons under 15 years of age are prohibited from working in areas involving machinery, construction, manufacturing, or any other hazardous environment. Children under 13 may engage only in specified forms of light work, such as newspaper delivery, and even these are subject to specific conditions and local regulations. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 14-JUN-2001 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| MBIE staff and contractors working with children or youth under 18 must follow procedures to prevent and respond to abuse or neglect. The policy includes mandatory training, vetting, reporting obligations, and collaboration with Oranga Tamariki and Police. | [{"link_name":"Child Protection Policy (MBIE)","source_link":"https://www.mbie.govt.nz/dmsdocument/11735-child-protection-policy"}] | 2020–present | Child Protection Policy (MBIE) | Ministry of Business, Innovation and Employment (MBIE) |
| A cross-government framework targeting child safety, health, education, and economic security. Prioritises outcomes through coordinated policy and ongoing three‑year reviews. | [{"link_name":"Labour Inspectorate Youth Protection Strategy","source_link":"https://www.msd.govt.nz/about-msd-and-our-work/child-wellbeing-and-poverty-reduction/index.html"}] | 2019–present (launched 29 August 2019; refreshed 2024–27) | Labour Inspectorate Youth Protection Strategy | Department of the Prime Minister and Cabinet (Child Well‑being and Poverty Reduction Group) |
| The Plan of Action is framed under the three pillars of prevention, protection and enforcement, and is comprised of 28 actions. The plan takes a whole-of-government approach and emphasizes that effective partnership within and outside of government is required to ensure success. The development, delivery and implementation of the Plan of Action is supported by the Modern Slavery Plan of Action Reference, which meets biannually and is comprised of key government and non-government stakeholders, including the social partners and civil society organizations. | [{"link_name":"Plan of Action against Forced Labour, People Trafficking and Slavery","source_link":"https://www.mbie.govt.nz/dmsdocument/13568-combatting-modern-forms-of-slavery-plan-of-action-against-forced-labour-people-trafficking-slavery"}] | 2020–2025 | Plan of Action against Forced Labour, People Trafficking and Slavery | Ministry of Business, Innovation and Employment (MBIE) |