Crimes Act 1961

Crimes against the person - Duties tending to the preservation of life

153: Duty of employers to provide necessaries

You could also call this:

"Employers must provide basics like food and shelter to workers under 16 if they agree to."

If you are an employer, you have a duty to provide necessary food, clothing, or lodging for your servants or apprentices under 16 years old, if you have agreed to do so. You can get in trouble with the law if you do not do this and it causes them serious harm or puts their life in danger. If this happens, you could be held criminally responsible.

If you neglect your duty to provide for your servants or apprentices and it endangers their life or permanently injures their health, you can go to prison for up to 5 years. This can happen if you have no good reason for not doing what you are supposed to do. You must have a lawful excuse for not providing the necessary food, clothing, or lodging.

As an employer, it is your responsibility to make sure your young servants or apprentices have what they need to stay safe and healthy.

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This page was last updated on 4 August 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329294.

Topics:

Work and jobs > Worker rightsFamily and relationships > Children and parentingCrime and justice > Criminal law

152: Duty of parent or guardian to provide necessaries and protect from injury, or

"Parents and guardians must give kids what they need and keep them safe from harm."

154: Abandoning child under 6, or

"Leaving a child under 6 alone without care is against the law"

Part 8Crimes against the person
Duties tending to the preservation of life

153Duty of employers to provide necessaries

Every one who as employer has contracted to provide necessary food, clothing, or lodging for any servant or apprentice under the age of 16 years is under a legal duty to provide the same, and is criminally responsible for omitting without lawful excuse to perform such duty if the death of that servant or apprentice is caused, or if his or her life is endangered or his or her health permanently injured, by such omission.
Every one is liable to imprisonment for a term not exceeding 5 years who, without lawful excuse, neglects the duty specified in this section so that the life of the servant or apprentice is endangered or his or her health permanently injured by such neglect.

Compare

1908 No 32 s 168