New Zealand Immigration Employment Infringement Scheme

The Immigration New Zealand (INZ) release a post recently about the enforcement tool that was introduced in April 2024 that is aimed at promoting fair treatment of migrant workers and ensuring compliance with immigration laws.

What You Need to Know:

🎯 Purpose:

The scheme targets minor immigration violations to safeguard migrant worker rights. It was introduced to support the changes outlined in the Worker Protection (Migrant and Other Employees) Act, which strengthens enforcement measures against employers exploiting migrant workers.

📜 Offences Covered:

The scheme allows the Ministry of Business, Innovation and Employment (MBIE) to issue infringement notices to employers for low-level offences, such as:

  • Allowing a person not entitled under the Immigration Act 2009 to work in the employer’s service.
  • Not employing a person in a way consistent with the work-related conditions of their visa.
  • Failing to provide requested documents to an immigration officer within 10 working days.

💸 Penalties:

Penalties under the scheme can include:

  • Minimum fines starting at $1,000 for individuals, and $3,000 for companies, potential loss of accreditation, and visa application bans.
  • Loss of accredited employer or Recognised Seasonal Employer status.
  • Stand-down periods from supporting visa applications for migrant workers. An employer can receive:
    • A 6-month stand-down for a single infringement notice.
    • An additional 6-month stand-down for each subsequent notice.
    • A 12-month maximum stand-down for multiple notices issued at one time.

Use this tool to find out if a company is on the Immigration stand-down list: Immigration stand-down list

⏰ Stand-Down Periods:

During the stand-down period:

  • Employers cannot regain accreditation or support new visa applications.
  • They can still hire migrants with open work visas or those with a current Accredited Employer Work Visa (AEWV).
  • To regain accreditation after the stand-down, employers must demonstrate corrective actions to prevent recurrence.

🔍 Transparency and Dispute Options:

  • INZ will publish a list of penalised employers to increase transparency.
  • Employers have the right to dispute an infringement notice through a court hearing or request an internal review on grounds such as denial of liability or the fine amount.

Learn more about Immigration law for employers

For more details on the Immigration Employment Infringement Scheme and how it may affect your business, visit the official INZ article here: Immigration Employment Infringement Scheme

Our Commitment

CC Recruitment and CC Immigration are dedicated to ensuring compliance with immigration and employment regulations. We support fair and ethical employment practices and are committed to helping our clients navigate these changes smoothly.

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