SM7.20 Requirements for employers (to 27/08/2017)

Note: The instructions in this section cease to be effective from 28/08/2017.

1. All employers wishing to employ non-New Zealand citizens or residents must comply with all relevant employment and immigration law in force in New Zealand. Compliance with relevant New Zealand employment and immigration law includes, but is not limited to:
   1. paying employees no less than the appropriate minimum wage rate or other contracted industry standard; and
   2. meeting holiday and special leave requirements or other minimum statutory criteria, e.g. occupational safety and health obligations; and
   3. only employing people who have authority to work in New Zealand.
2. To qualify for points, skilled employment must be with an employer who has good workplace practices, including a history of compliance with all immigration and employment laws such as the Immigration Act 2009, the Accident Compensation Act 2001, the Minimum Wage Act 1983, the Health and Safety at Work Act 2015, the Employment Relations Act 2000; the Wages Protection Act 1983, the Parental Leave and Employment Protection Act 1987, the Equal Pay Act 1972 and the Holidays Act 2003.
3. An employer is considered to not have a history of compliance with employment law if it fails to meet the requirements set out at R5.110 or if it is included on a list of non-compliant employers maintained by the Labour Inspectorate (see Appendix 10).
4. Current employment or an offer of employment does not qualify for points if it is not compliant with all relevant immigration and employment laws in force in New Zealand or if INZ considers that the employment of the applicant creates unacceptable risks to the integrity of New Zealand's immigration or employment laws, policies or instructions.

Note:
- To determine whether an offer of employment creates an unacceptable risk to the integrity of New Zealand's immigration and employment laws, policies or instructions an immigration officer may consider whether the remuneration offered for the position is comparable to the market rate for New Zealand workers in that occupation.
- Breaches of employment standards which lead to inclusion on a list of non-compliant employers may still be considered when determining if an employer has a history of compliance with employment law, even if the employer is no longer on the list.

Effective 01/04/2017