Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against rights of property - Unlawful taking

220AA: Theft by employer

You could also call this:

"Not paying workers the money you owe them is a crime, even if they work from home."

If you employ someone, you have to pay them the money you owe them for their work. You can owe them money because of their employment agreement or because of laws like the Holidays Act 2003, the Minimum Wage Act 1983, or the Wages Protection Act 1983. If you do not pay them without a good reason, you can be guilty of theft.

If you work with someone who does work from home, this law still applies to you. You are considered to be their employer, even if you just gave them work to do at home. The law says what an employment agreement is, and you can find this information in section 5 of the Employment Relations Act 2000.

You have to follow the rules and pay your employees the money you owe them. If you do not, you can get in trouble with the law. The law is clear about what you have to do to avoid getting in trouble.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1031984.

Topics:
Crime and justice > Criminal lawWork and jobs > Worker rights
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220: Theft by person in special relationship, or

"Stealing money or things you're supposed to look after for someone else"

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220A: Theft of livestock and other animals, or

"If you take someone else's farm animals or pets without permission, you could go to jail."

Part 10Crimes against rights of property
Unlawful taking

220AATheft by employer

  1. This section applies to a person (A) who—

  2. employs another person (B); and
    1. is required to pay any money owed to B in relation to the employment under—
      1. an employment agreement (whether or not the agreement is in writing); or
        1. an Act (for example, the Holidays Act 2003, the Minimum Wage Act 1983, or the Wages Protection Act 1983).

        2. A commits theft if A intentionally fails, without reasonable excuse, to pay the money to B.

        3. In this section,—

          employ, in relation to a homeworker, includes engage, and employment has a corresponding meaning

            employment agreement has the same meaning as in section 5 of the Employment Relations Act 2000

              homeworker has the same meaning as in section 5 of the Employment Relations Act 2000.

              Notes
              • Section 220AA: inserted, on , by section 5 of the Crimes (Theft by Employer) Amendment Act 2025 (2025 No 8).