WR1.25 Requirements for accreditation (REVOKED 11/04/2024)

1. The objective of accreditation is to allow accredited employers to supplement their own New Zealand workforce in their core area of business activity through:
   1. the recruitment of workers who are not New Zealand citizens or residence class visa holders and whose talents are required by the employer; and
   2. the accredited employer having direct responsibility for those employees and their work output.
2. Under Talent (Accredited Employer) Work Instructions, accredited employers may offer employment to workers who are not New Zealand citizens or residence class visa holders without the need to establish that there are no New Zealand citizens or residence class visa holders suitably qualified by training and experience available, or readily able to be trained, to do the work.
3. Accreditation will be granted where an immigration officer is satisfied that an employer:
   1. is in a sound financial position; and
   2. has human resource policies and processes which are of a high standard; and
   3. has a demonstrable commitment to training and employing New Zealand citizens or residence class visa holders; and
   4. has good workplace practices, including a history of compliance with all immigration and employment New Zealand laws including but not limited to 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, Wages Protection Act 1983, Parental Leave and Employment Protection Act 1987, the Equal Pay Act 1972 and the Holidays Act 2003.
4. Subsidiary companies cannot be covered by the accreditation of a parent company. To be accredited they must apply in their own right.

WR1.25.1 Applying for accreditation

1. Applications for accreditation under the Talent (Accredited Employer) instructions must be made on or before 30 June 2021 (see note).
2. An application for accreditation must be made online using the electronic form provided on the INZ website. Applications must be accompanied by documents which demonstrate that the employer meets the requirements for accreditation set out at WR1.25.
3. A fee is payable for an application for accreditation. A lower fee is payable for renewal of accreditation.

Note: Applications received on or before 30 June 2021 will continue to be processed. Applications received after this date will not be accepted.

WR1.25.5 Determining applications for accreditation

1. In determining whether an employer is in a sound financial position, an immigration officer may take into account such factors as:
   1. the period for which the employing organisation has been established as a going concern;
   2. financial indicators such as revenue, profit and equity levels;
   3. reserve capital;
   4. ability to sustain current and proposed employment;
   5. accounts receivable;
   6. whether the employer is a state sector agency whose financial situation and performance is included in the Crown accounts as part of the Government reporting entity under the Public Finance Act 1989;
   7. whether the employer is are a local authority named in Schedule 2 of the Local Government Act 2002.
2. In determining whether an employer has human resource policies and practices which are of a high standard, an immigration officer may take into account such factors as:
   1. WorkSafe NZ or Labour Inspectorate findings;
   2. sample employment agreements;
   3. evidence of HR and health and safety policies and procedures;
   4. whether the employer is International Organisation for Standardisation (IOS) certified;
   5. feedback from relevant unions and other employee representatives.
3. In determining whether an employer has a demonstrable commitment to training and employing New Zealand citizens or residence class visa holders, an immigration officer may take into account such factors as:
   1. whether the employer has engaged with the relevant Industry Training Organisation (ITO);
   2. evidence of training provided to staff who are New Zealand citizens or residents;
   3. whether the employer makes ‘genuine attempts’ (see WK3.10.5) to recruit New Zealand citizens or residents to fill any vacancies, including that advertised vacancies accurately reflect the position and salary or wages;
   4. the proportion of the employer’s workforce who are New Zealand citizens or residents;
   5. feedback from relevant unions and other employee representatives.
4. In determining whether employers have good workplace practices, an immigration officer may take into account such factors as:
   1. whether the employer has diversity policies and practices in place as outlined by Diversity Works NZ;
   2. the extent of any non-compliance with immigration or employment legislation;
   3. where there have minor breaches of legislation listed in WK5.1 (b)(iv), the degree to which the employer has put in place remedies to prevent similar breaches in the future;
   4. policies and processes the employer has put in place to ensure they remain compliant with immigration and employment legislation; and
   5. feedback from relevant unions and other employee representatives.
5. In determining whether employers may be accredited an immigration officer will also give consideration to whether the employer has an intention to maintain accreditation throughout the period of currency of any visas granted to their employees under the Talent (Accredited Employers) Work Instructions.
6. An immigration officer must be satisfied that the information and documents included in an application for accreditation are genuine and accurate, and may take any steps it determines necessary to verify such documents and the information they contain, including interviews. An immigration officer will decline an application for accreditation if they are satisfied that an employer provided false or misleading information in support of an application, or withheld relevant information that was prejudicial to the grant of accreditation.
7. INZ may, where necessary, seek the approval of an employer to conduct a site visit to the employer's premises.
8. Applicants must consent to INZ seeking information from the Ministry of Business, Innovation and Employment, WorkSafe New Zealand and the Accident Compensation Corporation concerning the applicant's compliance with New Zealand employment laws. Where such consent is not given an application for accreditation will be declined.
9. An application for accreditation will be declined where the employer 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 or are currently included on a list of non-compliant employers maintained by the Labour Inspectorate (see Appendix 10).
10. An application for accreditation will be declined where an immigration officer considers accreditation would create unacceptable risks to the integrity of New Zealand's immigration or employment laws or policies.
11. The accreditation of employers whose main business is the facilitation of entry to New Zealand of non-New Zealand citizens and residence class visa holders potentially creates an unacceptable risk to the integrity of New Zealand's immigration laws and policies, therefore applications for accreditation by such employers will not be approved.
12. INZ will consult with relevant unions and other employee representatives when determining whether an employer has human resource policies and processes which are of a high standard, a commitment to training and employing New Zealand citizens and residence class visa holders and good workplace practices.
13. An application for accreditation will be declined where an employer does not give consent to disclose relevant information. Before disclosing information, INZ will seek the consent of the employer for the disclosure of information that is:
    1. identified by the employer as commercially sensitive; and
    2. that information is provided in confidence to INZ; and
    3. INZ considers that disclosure of that information is necessary for the determination of an application;
14. Where INZ, in consulting with other agencies, receives information which may be prejudicial to the positive outcome of an employer's application for accreditation, that adverse information will be put to the employer for comment before a decision is made on their application.

WR1.25.10 Reconsideration process for applications for accreditation which are declined

1. There is no statutory right of appeal against the decision to decline an application for accreditation under these instructions, however INZ will reconsider a declined application for accreditation where new information is promptly provided within 14 days of the employer being notified of the decline.
2. The fee for reconsideration of an application for accreditation must accompany the written request for reconsideration.

WR1.25.15 Auditing accredited employers

1. INZ may audit an accredited employer (as defined at WR1.20) to ensure that they continue to meet the requirements of accreditation at any time during the period of accreditation.
2. INZ may, where necessary, seek the approval of an employer to conduct a site visit to the employer's premises or request documentation or evidence from the employer as part of an audit.
3. An audit will entail INZ making an assessment about whether the accredited employer continues to meet the criteria at WR1.25. Information taken into account during an audit may include but is not limited to:
   1. information supplied by the employer to INZ as part of the audit process;
   2. information about the employer held by INZ from their previous accreditation application or from other interactions the employer has had with INZ (e.g. visa applications they have supported);
   3. information supplied by third parties, such as the Labour Inspectorate;
   4. findings of a site visit conducted by INZ;
   5. publicly available information about the employer.
4. If an immigration officer is not satisfied the employer has continued to meet the requirements of WR1.25, the accreditation may be revoked (see WR1.25.20 below). The employer’s accreditation and the processing of any associated work to residence applications may be suspended until an immigration officer is satisfied that the requirements of WR1.25(c) have been met or the accreditation is revoked.

WR1.25.20 Revoking accreditation

1. INZ may revoke an accredited employer’s accreditation where:
   1. as a result of an audit, an immigration officer is not satisfied that the requirements of WR1.25 continue to be met; or
   2. the employer fails to comply with a request for further information or records by INZ within a reasonable specified timeframe; or
   3. the conduct of that employer has created an unacceptable risk to the integrity of New Zealand's immigration or employment laws or policies; or
   4. an employer supplies false or misleading information to INZ.
2. If an immigration officer has concerns that the employer meets one of the criteria at (a) above, the employer will be notified in writing and provided an opportunity to provide comment before a final decision to revoke accreditation is made.
3. Any decision to revoke accredited status under these instructions must be approved by an INZ Head of Operations.
4. Employers that have their accreditation revoked will be notified of this and informed of the reasons in writing.

WR1.25.25 Duration of accreditation

1. Approved employers will be granted accreditation for a period of two years.
2. Accreditation may be renewed, upon application (applications must be made on or before 30 June 2021 as set out at WR1.25.1(a)), where INZ is satisfied that the employer still meets the requirements for accreditation set out above.

Effective 01/07/2021