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When you need to assess someone's character for employment, professional licensing, or positions of responsibility, a Character Evaluation Form provides the legal framework to conduct this assessment properly. This document ensures you comply with New Zealand's strict privacy and human rights laws while gathering the information necessary to make informed decisions about an individual's suitability.

When do you need this document?

You'll need a Character Evaluation Form when hiring for sensitive positions such as working with children, elderly care, financial services, or security roles. Professional bodies often require character assessments for licensing applications, including lawyers, teachers, healthcare professionals, and real estate agents. Organizations conducting background checks for volunteer positions involving vulnerable populations also rely on these forms. Additionally, you may need this document when someone applies for positions requiring security clearance or when conducting due diligence for board appointments and trustee positions.

Key legal considerations

Your Character Evaluation Form must include a clear purpose statement explaining why you're collecting personal information and how it will be used. You need explicit consent from the individual being evaluated and must inform them of their rights under the Privacy Act 2020. The form should specify retention periods for collected information and outline security measures for protecting personal data. When requesting character references, ensure you have permission to contact referees and that they understand the purpose of their input. Be careful to avoid questions that could lead to discrimination based on prohibited grounds under the Human Rights Act 1993, such as race, gender, religion, or political beliefs. Remember that the Criminal Records (Clean Slate) Act 2004 limits what criminal history information can be considered, particularly for eligible convictions that occurred more than seven years ago.

Legal requirements in New Zealand

Under New Zealand law, character evaluations must comply with multiple pieces of legislation. The Privacy Act 2020 requires you to collect personal information lawfully, with clear purpose, and with appropriate security measures. You must inform individuals about their rights to access and correct their personal information. The Human Rights Act 1993 prohibits discrimination during the evaluation process, meaning your assessment criteria must be relevant to the position and not based on prohibited grounds. The Employment Relations Act 2000 requires good faith dealings when conducting employment-related character assessments, ensuring fair and transparent processes. When criminal history is relevant, the Criminal Records (Clean Slate) Act 2004 governs what information can be considered and disclosed. Your evaluation process must respect the Bill of Rights Act 1990, particularly regarding freedom from unreasonable search and the right to be presumed innocent. Document your evaluation criteria clearly and ensure they are directly related to the requirements of the position or responsibility in question.