Notice periods in New Zealand: the legal minimums, redundancy and pay in lieu
New Zealand has no legislated minimum notice period for ending employment. Your employment agreement sets the length, and only if it is silent does "reasonable notice" apply instead, generally 2 to 4 weeks depending on the role, seniority and length of service (Employment New Zealand, retrieved 9 September 2026). The rule is the same whether you resign or are made redundant.
How much notice do I have to give in NZ?
Check your employment agreement first: whatever notice period it states is the notice period that applies, whether you are the one resigning or your employer is ending your employment (Employment New Zealand, Notice periods, retrieved 9 September 2026). Only when the agreement says nothing about notice does "reasonable notice" take over, and there is no fixed number of weeks that "reasonable" always means; it depends on the specific circumstances.
What notice period do I legally have to give?
Whatever your employment agreement specifies, since that is the legally binding notice period in New Zealand (Employment New Zealand, Notice periods, retrieved 9 September 2026). If your agreement is silent, you must give "reasonable notice" instead, generally accepted as 2 to 4 weeks, though this can be shorter or longer depending on your role, seniority, how easily you can be replaced, and industry norms.
Should I give 2 or 4 weeks notice?
There is no single legal answer; it depends first on what your employment agreement says, and only if it is silent does "reasonable notice" apply, which Employment New Zealand describes as generally 2 to 4 weeks depending on the type of job, how long it will take to find a replacement, how much training a successor needs, your length of service, and how easily you could find alternative work (Employment New Zealand, Notice periods, retrieved 9 September 2026). A specialised or senior role, or a long tenure, tends to sit at the longer end of that range.
What happens if I don't give 2 weeks notice in NZ?
If your agreement requires a specific notice period and you give less, your employer only has to pay you for the days you actually work or take approved paid leave during that shortened period, not for the full notice period you skipped (Employment New Zealand, Notice periods, retrieved 9 September 2026). If you give no notice at all, your employer does not have to pay you for the notice period unless there is a separate arrangement such as garden leave or payment in lieu.
Does 21 days notice include weekends?
Employment New Zealand's guidance counts a notice period as running from the day notice is given to the agreed last day of employment, in calendar terms rather than working days, unless your specific employment agreement defines it differently (Employment New Zealand, Notice periods, retrieved 9 September 2026). Read your own agreement's wording on this, since some agreements do specify working days rather than calendar days; if it does not say, treat it as calendar days and check with your employer if unsure.
Notice periods and redundancy
The same rules apply when you are made redundant: your notice must be at least what your employment agreement specifies, and if it does not state one, "reasonable notice" applies (Employment New Zealand, Notice periods, retrieved 9 September 2026). For a redundancy specifically, "reasonable notice" also depends on the reason, as this table shows, and the 2 to 4 week range is a guide, not a rule:
| Redundancy circumstance | What "reasonable notice" typically looks like |
|---|---|
| Ordinary redundancy, role disestablished | Usually still at least 2 to 4 weeks |
| Business is being sold or transferred | Notice depends on the sale date, with separate rules for specified employees |
| Employer goes into liquidation or bankruptcy | There is often no notice at all |
Source: Employment New Zealand, Notice periods, retrieved 9 September 2026.
What "reasonable notice" actually works out to also depends on factors specific to you and your role, not just the redundancy circumstance:
| Factor that lengthens reasonable notice | Factor that shortens it |
|---|---|
| Specialised or hard-to-fill role | Easily filled, low-training role |
| Long length of service | Short length of service |
| Senior position or large remuneration package | Junior position |
| Employee likely to take longer to find alternative work | Employee likely to find work quickly |
Source: Employment New Zealand, Notice periods, retrieved 9 September 2026.
The way notice can be handled differs depending on what you and your employer agree:
| Arrangement | What it means |
|---|---|
| Working the notice period | Employment continues as normal; you are paid your usual wages until your last day |
| Payment in lieu of notice | Employment ends immediately when notice is given; you are paid out for the notice period instead of working it, and this must be agreed |
| Garden leave (leave in lieu of notice) | You stay employed and paid, but do not attend work; this does not use your annual holiday entitlement, and must be agreed |
| No notice given, resignation | Employer does not have to pay for the notice period unless an arrangement exists |
| No notice given, serious misconduct dismissal | Employer can dismiss without notice only after a fair investigation and disciplinary process |
Source: Employment New Zealand, Notice periods, retrieved 9 September 2026.
What is a redundancy notice period?
It is the same concept as any other notice period: the length your employment agreement sets, or "reasonable notice" if it is silent, which for a redundancy specifically still depends on the actual reason for the redundancy and typically runs at least 2 to 4 weeks (Employment New Zealand, Notice periods, retrieved 9 September 2026). See our redundancy pay guide for what, separately from notice, you may be owed as a redundancy payment.
Can my employer make me work my notice period?
Generally yes, if your agreement or reasonable notice requires it, though your employer may agree not to require you to work it, and either of you can propose payment in lieu of notice or garden leave instead, which must be agreed rather than imposed unilaterally by either side (Employment New Zealand, Notice periods, retrieved 9 September 2026).
Can I take annual leave during my notice period?
Yes, you can ask to take paid leave you are entitled to, such as annual holidays or sick leave, during your notice period, and your employer can only decline annual leave for a good reason, such as it making handover difficult (Employment New Zealand, Notice periods, retrieved 9 September 2026). Some employment agreements state that time on leave during the notice period does not count towards it, which can make your actual last day at work earlier than your last day of employment; check your agreement's specific wording.
What happens on my last day of employment?
Your employer must pay your final pay, covering your final wages, any unused holiday pay, and any other owed entitlements, and you can ask for a statement of service, though an employer only has to give a reference if they have agreed to (Employment New Zealand, Notice periods, retrieved 9 September 2026). Your "last day of employment" (when notice ends) and your "last day at work" are not always the same day, for example if you take leave or finish an earlier rostered shift near the end of your notice period.
What to do if there's a dispute over notice
If your employer dismisses you without giving proper notice, and there is no agreed payment in lieu or garden leave arrangement, you can raise a personal grievance, and Employment New Zealand recommends seeking legal advice before doing so given the strict timeframes involved (Employment New Zealand, Notice periods, retrieved 9 September 2026). The same applies in reverse if your employer disputes the notice you gave when resigning.
Can I resign with immediate effect in NZ?
Only if your employer agrees, or if your circumstances amount to a genuine constructive dismissal situation where you would otherwise be entitled to end the relationship immediately; otherwise you must give whatever notice your agreement requires or "reasonable notice" if it is silent (Employment New Zealand, Notice periods, retrieved 9 September 2026). If you resign without giving proper notice, your employer only has to pay you for time actually worked or approved leave taken.
What is payment in lieu of notice?
It is an agreed arrangement where your employment ends immediately when notice is given, and you are paid out for the notice period instead of working it, recorded in writing either as a clause in your agreement or agreed at the time notice is given (Employment New Zealand, Notice periods, retrieved 9 September 2026). It is different from garden leave, where you remain employed and paid but simply do not attend work.
Does my notice period change if I'm on parental leave?
Yes, the standard notice rules are modified for an employee on parental leave or certain types of defence force leave, and the specific notice period that applies can differ from the usual rules described on this page (Employment New Zealand, Notice periods, retrieved 9 September 2026). Check your agreement and Employment New Zealand's specific parental leave guidance rather than relying on the general rules above in that situation.
What if my employer dismisses me without notice?
An employer must give notice when dismissing an employee, except for serious misconduct, which allows instant or summary dismissal only after a fair investigation and disciplinary process (Employment New Zealand, Notice periods, retrieved 9 September 2026). If notice was owed and not given, and no payment in lieu or garden leave was agreed, you may be able to raise a personal grievance.
Where notice fits into losing your job
A notice period is often the only guaranteed income bridge between working and whatever comes next, since New Zealand has no legal minimum redundancy payment on top of it. QuoteHub's read is that the notice period is worth understanding precisely, in writing, before agreeing to anything, because payment in lieu, garden leave, and a shortened notice period all have different effects on when your last pay actually lands and when you can apply for Jobseeker Support.
This page is part of our losing your job in NZ cluster. See redundancy pay in NZ for what you may be owed beyond notice, Jobseeker Support for the rates and stand-down rules once your notice period ends, our income protection insurance tax guide for how any income cover payments are taxed, a mortgage holiday in NZ if repayments are now a concern, and our step-by-step first 30 days after redundancy for the order to work through all of this in. If you had redundancy cover attached to another policy, see our guide to redundancy insurance in NZ; for cover against income loss more broadly, see our income protection insurance guide, income protection calculator, our income protection cost guide, our comparison of income protection insurance, our best income protection insurance in NZ comparison, our page on whether you need income protection insurance, our loss of income insurance page and our insurance when changing jobs guide. For the mortgage side, see mortgage repayment insurance and our mortgage protection calculator. Our how to compare insurance quotes in NZ page, methodology and how it works explain how we build the comparisons this cluster links to.
Financial advice is provided by Craig Smith Business Services Limited, trading as Smiths Insurance & KiwiSaver, a licensed Financial Advice Provider (FSP712931). QuoteHub is a trading name.
Adviser's view
The question QuoteHub sees people get wrong about notice is assuming a fixed legal number exists, like two weeks or four. New Zealand sets no statutory minimum at all: your employment agreement decides it, and only when the agreement is silent does reasonable notice apply, a judgement call that shifts with seniority, how replaceable the role is, and length of service.
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Cite this page QuoteHub NZ (2026). Notice Periods in NZ: Legal Minimums and Redundancy. www.quotehub.co.nz/guides/losing-your-job/notice-periods-nz. Updated 2026-09-09.
References
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