New Zealand has become a Mecca for travellers from all over the world but many who come here on tourist visas end up working on farms and orchards, bars and backpackers. 

Some work in exchange for free accommodation or food. Both the worker and the employer may consider this “volunteering” but the law says otherwise. The law says it is illegal and these “volunteers” should be treated as employees.

The legal position of “volunteer worker” is that a person:

• Doesn’t expect to be rewarded for work to be performed as a volunteer;
• Receives no reward for work performed as a volunteer
• 
  

If an employer pays a volunteer, then they are considered employees and protected under a variety of New Zealand laws. Volunteers are actually employees if:

• The worker is paid for their work with some form of reward including accommodation or food;
• There’s an economic gain to the business from the work performed by the worker; 
• The work is an integral part of the business and is work that an employee would normally perform;
• The hours of work are controlled. 
• 
  

The employer then has all of the obligations and responsibilities to the employee including: ACC and tax law obligations; meeting the minimum wage; maintaining records; providing the minimum holiday entitlements; and ensuring that the person has a valid right to work in New Zealand.



The Willing Workers on Organic Farms (WWOOF) scheme is approved by the Labour Inspectorate if it involves a cultural exchange and training element, and the volunteer is not exploited for commercial gain. However, there’s a fine line between volunteering and exploitation. Event organisers that depend on volunteers also need to be aware of the law.

Both employees and volunteers need to consider the nature of the entity, the relationship, and the intention of the person contributing. 

Feedback, comments and questions are always welcomed – please feel free to e-mail me on [email protected]

T: 03 443 0900

W: www.aspiringlaw.co.nz

John Mezger specialises in business, employment and immigration law at Aspiring Law.

Please remember, this information is designed as a general guide, and should not replace specific legal advice on a particular issue.