D10.15 Exploitation of people not legally entitled to work

Immigration Act 1987 Section 39A

1. Every employer commits an offence if (while knowingly employing a person not legally entitled to undertake that employment in the employer's service), they act with the intention of preventing or hindering the employee from:
   1. leaving that employment, or
   2. leaving New Zealand, or
   3. ascertaining or seeking their entitlements under New Zealand law; or
   4. disclosing to any person, the circumstances of their employment by the employer.
2. Examples of hindrance or prevention of a person leaving the employment or ascertaining their employment rights are:
   1. retaining possession of a person's passport, travel or identity document or travel tickets;
   2. preventing or hindering access to or use of a telephone by the person;
   3. preventing or hindering the person from leaving the premises;
   4. preventing or hindering a labour inspector from having access to the premises.
3. The offences above may be punishable by a fine of up to $100,000 and a prison term of up to 7 years.

Effective 07/10/2002