Why the process matters as much as the reason
In New Zealand an employer is allowed to restructure. What they are not allowed to do is skip a fair process. Employment New Zealand lists the steps as: develop a proposal with reasons, identify who is affected, share it with employees (and their union), gather feedback, consider and respond to it, make and communicate the decision, then implement. Employers must also keep considering alternatives such as changed hours or duties, other cost savings, or redeployment.
The same process applies even when the employer is offering voluntary redundancy. It does not apply in the same way to employees on a valid trial period or high-income earners (see the linked guides).
The steps, and what you should be getting at each one
| Stage | What a good employer does | What you should ask for |
|---|---|---|
| 1. Proposal | Writes down the change, the reasons, timing, affected roles, any new roles, the consultation process and selection criteria. | The full proposal in writing, including the financial or operational reasons, not just a summary. |
| 2. Telling you | Often speaks privately first to people whose roles may be disestablished, then shares the document with everyone affected and the union. | A meeting plus the document. Bring a support person or representative. |
| 3. Time to respond | Gives a reasonable time to read, take advice and respond. The time should reflect how many people are affected and how complex the change is. | A specific deadline in writing. If it is too short, ask for more time in writing and give a reason. |
| 4. Your feedback | Genuinely considers it with an open mind. | Written feedback covering the reason for the change, alternatives, selection criteria and your own situation. |
| 5. Their response | Explains which points they accepted or rejected and why. If the proposal changes, may give you another chance to comment. | A written response to your specific points. |
| 6. Decision | Confirms the decision in writing with the affected employees and union. | Notice, final pay breakdown, any compensation, and what happens to leave and property. |
| 7. Implementation | Manages any selection or redeployment process, with support. | Redeployment options, time to job-hunt, and the support offered. |
How to give feedback that counts
- Put it in an email or letter, even if you also say it in a meeting. Keep copies.
- Ask questions about the numbers: which costs are being saved, why this role, who will do the work afterwards.
- Propose alternatives: reduced hours, job-sharing, a changed role, redeployment, voluntary redundancy by someone else, or a temporary freeze.
- Point out any part of your role that will continue to exist. If a new role looks similar to yours, say so and ask to be considered for it.
- Say what you would need: more time, a role you could be retrained for, references, paid time off to interview.
Asking for information and more time
Hi [Name], Thank you for the restructuring proposal dated [date]. I want to give considered feedback. To do that I'd like: 1. The financial or operational information behind the proposal. 2. The selection criteria and process, and who will be scoring. 3. Job descriptions and pay for any proposed new roles. 4. A copy of any redeployment options. The current deadline of [date] doesn't give me time to take advice. Could you please extend it to [date]? Kind regards, [Your name]
Signs the consultation isn't genuine
- You are told the decision is already made, or notice letters are drafted before feedback closes.
- Your feedback gets no reply, or a one-line reply with no reasons.
- A new, similar role is advertised, or someone is hired into your duties soon after.
- Information is withheld, such as the criteria or the reasons.
- You are consulted while away on leave, with no real chance to respond.
- Targeting: you were recently on leave, pregnant, injured, raised a complaint or are in a protected group.
What a flaw does and doesn't do
Law changes passed in February 2026 mean that a small procedural defect which did not actually cause unfairness doesn't automatically make a dismissal unjustified, according to law-firm commentary on the new Act. A serious flaw, such as no consultation or a closed mind, still matters. If you're unsure how strong your case is, Community Law and unions give free advice.
Sources
- Employment New Zealand: Redundancy (opens in a new tab)
- Employment NZ: Workplace change process (opens in a new tab)
- Community Law Manual: Redundancy (opens in a new tab)
- McVeagh Fleming: Employment Relations Amendment Act 2026 reforms (opens in a new tab)
General information only. Confirm with the agency for your situation. Spotted something out of date? Email help@unemployed.nz.