WH3.5 Supplementary Seasonal Employment (SSE) - Approval in Principle

SSE approval in principle is an approval for employers in the horticulture and viticulture industries to offer employment (to plant, maintain, harvest or pack crops) to workers who hold SSE work visas (see WH3.10).

WH3.5.1 Requirements for SSE approval in principle

Employers applying for SSE approval in principle must:

1. provide the details of the available employment including:
   1. the number of workers required; and
   2. the nature of each position (planting, maintaining, harvesting, or packing crops); and
   3. the period for which each position is available; and
   4. the location(s) in which the work is to be undertaken; and
2. ensure that workers recruited under SSE instructions will have access to suitable accommodation for the duration of their employment; and
3. have taken steps to obtain suitable and available New Zealand citizen or residence class visa holder workers for the vacant position(s) through Work and Income; and
4. provide a copy of the employment agreement that will be offered to the workers recruited under SSE instructions that meets the requirements set out in WH3.5.10; and
5. comply with the employer requirements under Generic work visa provisions (see W2.10.5); and
6. satisfy INZ that they will:
   1. make ongoing genuine efforts to recruit New Zealand citizen or residence class visa holder workers throughout the period for which the SSE approval in principle applies, including regular contact with Work and Income; and
   2. comply with any request from the Ministry of Business, Innovation and Employment to audit the employer against SSE instructions and the conditions set out in the employment agreements; and
   3. have direct responsibility for the daily work output and supervision of non-New Zealand citizen or residence class visa holder workers recruited by them under SSE instructions; and
   4. promptly notify INZ if they become aware that a worker is breaching or has breached the conditions of his or her SSE work visa; and
   5. employ no more than the number of SSE workers stated on their approval in principle at any given time.

Note: The employment agreement provided to workers must be the same as that which is provided to INZ with the employer's application for SSE approval in principle, unless the terms and conditions of the employment agreement provided to the worker are more beneficial to the worker.

WH3.5.5 Determining an application for SSE approval in principle

1. SSE approval in principle will only be granted where:
   1. INZ is satisfied that an employer is a New Zealand employer as set out at WH1.5.1; and
   2. INZ is satisfied that an employer meets the requirements set out at WH3.5.1 above; and
   3. INZ is satisfied that the employer has established a relationship with the appropriate regional Work and Income office(s) concerning their seasonal labour requirements; and
   4. INZ, in consultation with MSD and relevant industry bodies, is satisfied that there are no suitable New Zealand citizen or residence class visa holder workers available to undertake the work; and
   5. INZ is satisfied the employer has complied with the conditions of any previous SSE approval in principle that has been granted to the employer.
2. Where INZ is not satisfied that the number of positions requested in the SSE approval in principle is appropriate for the work required, or considers that the number of non-New Zealand citizen or residence class visa holder workers the employer proposes to recruit exceeds the forecast labour shortage for the region and period requested, INZ may approve the recruitment of a lesser number of positions, or the recruitment of workers for a lesser period of work than requested.
3. INZ may consult with other groups of the Ministry of Business, Innovation and Employment, WorkSafe New Zealand, the Inland Revenue Department, the Accident Compensation Corporation, the New Zealand Council of Trade Unions, and any relevant unions, agencies, and industry bodies when determining whether an employer meets the requirements set out at WH3.5.1.
4. INZ will decline an application for SSE approval in principle where it considers such approval would create unacceptable risks to the integrity of New Zealand's immigration or employment laws or policies.
5. INZ will decline an application for SSE approval where the employer (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer):
   1. has a history of non-compliance with immigration or employment law, including if they fail to meet the requirements set out at W2.10.15 and W2.10.20, or
   2. is currently included on a list of non-compliant employers maintained by the Ministry of Business, Innovation and Employment (MBIE) (see Appendix 10 and Appendix 18), or
   3. has been convicted at any time of an offence under the following sections of the Crimes Act 1961: section 98 (Dealing in slaves), section 98C (Smuggling migrants), section 98D (Trafficking in persons).

Note: To ensure that accurate information is available on the availability of suitable New Zealand citizen and residence class visa holder workers in the region, a decision will not be made on an SSE approval in principle significantly in advance of the period requested.

WH3.5.10 Minimum requirements for employment agreements under SSE instructions

Employment agreements between employers with SSE approval in principle and non-New Zealand citizen or residence class visa holder workers must:

1. be genuine; and
2. be for planting, maintaining, harvesting or packing crops in the horticulture or viticulture industry; and
3. be for a period of work of no more than six months; and
4. specify a 'per hour' rate (the per hour rate for any training period must be specified separately in the employment agreement); and
5. where piece rates apply to the work to be performed by the worker, also specify the piece rate(s); and
6. provide that the worker will be paid no less than the market rate (see WH3.5.20); and
7. comply with all relevant employment law in force in New Zealand, such as the requirements of the Accident Compensation Act 2001; the Wages Protection Act; the Minimum Wage Act; the Health and Safety at Work Act 2015; the Employment Relations Act; the Equal Pay Act 1972 and the Holidays Act.

WH3.5.15 Market Rates for SSE

For the purpose of SSE instructions, 'market rate' is the typical rate a New Zealand citizen or residence class visa holder is paid for doing the equivalent work or training, in the same period, in the same region. The 'market rate' may be expressed in terms of a 'per hour' rate or a piece rate.

WH3.5.20 Reconsideration process for applications for SSE approval in principle which are declined

There is no statutory right of appeal against the decision to decline a request for SSE approval in principle, however, INZ may reconsider a declined application where new information is promptly provided.

WH3.5.25 INZ may impose further restrictions after grant of SSE approval in principle

Where INZ, in consultation with MSD, considers that the number of positions or period of work approved in the SSE approval in principle is no longer appropriate to the labour market conditions in the region (for example, if suitable New Zealand citizen or residence class visa holder workers become available due to a redundancy situation), further restrictions may be imposed on the number of positions or period of work that had been approved in the SSE approval in principle.

INZ will notify an employer in writing of any further restrictions imposed on the number of positions or period of work that had been approved in the employer's SSE approval in principle.

Note: Any further restrictions on the number of positions or period of work will only apply from the date of the written notification from INZ. The employment of non-New Zealand citizen or residence class visa holder workers who commenced employment under SSE instructions with the employer before that date will not be affected by the further restrictions.

WH3.5.30 Applying for SSE approval in principle

Application for SSE approval in principle must be:

1. made in New Zealand; and
2. made on the Application for Supplementary Seasonal Employment (SSE) Approval in Principle form; and
3. accompanied by the prescribed approval in principle fee; and
4. supported by evidence that demonstrates the employer meets the requirements set out at WH3.5.1.

Effective 11/04/2024