Privacy Act IPP 3A: what it means for NZ employers who conduct reference checks

Since 1 May 2026, checking a candidate’s references comes with a legal step attached. The introduction of Principle 3A in the Privacy Act 2020 means that if you collect information about someone from anyone other than them, like a referee or a recruiter, you need to take reasonable steps to tell them. What matters is what you tell candidates and when, not just whether they gave you a referee’s number.

The good news is that for most employers, clear notice at the application stage does the heavy lifting.

Our free guide sets out what the rule asks of you, so you know where you stand and what to do next.

Inside, you’ll find:

• What IPP 3A is and why reference checks are covered
• The six things you need to tell candidates
• When to tell them and how to build it into your hiring process
• Which exceptions help in recruitment (and which don’t)
• How to handle referees a candidate didn’t nominate, recruiters and reference-check platforms
• A seven-step checklist and sample notice wording you can adapt

Download your free guide by filling in the form on the right.

The information in this article is current as at 1 September 2026 and has been prepared by Employment Hero Pty Ltd (ABN 11 160 047 709) and its affiliates (Employment Hero). The views expressed in this article are general information only, are provided in good faith to assist employers and their employees, and should not be relied on as professional advice. Some information is based on data supplied by third parties. While such data is believed to be accurate, it has not been independently verified and no warranties are given that it is complete, accurate, up to date or fit for the purpose for which it is required. Employment Hero does not accept responsibility for any inaccuracy in such data and is not liable for any loss or damages arising directly or indirectly as a result of reliance on, use of or inability to use any information provided in this article. You should undertake your own research and seek professional advice before making any decisions or relying on the information in this article.