WS6.15 Entertainment industry accreditation (to 08/05/2017)

Note: These instructions cease to be effective from 8 May 2017.

Accredited entertainment industry companies may offer employment to workers who are not New Zealand citizens or residence class visa holders without the need to seek agreement of the relevant New Zealand entertainment union, guild or professional association.

Note: Employment, as defined under s4 of the Immigration Act 2009, includes engagement of an independent contractor under a contract for services.

Note: Companies who hold employer accreditation under the Talent (Accredited Employer) Work Instructions will be considered to hold accreditation under these instructions.

WS6.15.1 Requirements for accreditation

1. Accreditation will be granted where Immigration New Zealand (INZ) is satisfied that an employer or contractor:
   1. is in a sound financial position; and
   2. has a sound industry track record; and
   3. has demonstrable knowledge of the New Zealand industry sector in which they operate; and
   4. has a demonstrable commitment to training and engaging New Zealand citizens or residence class visa holders; and
   5. 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 1992, the Minimum Wage Act 1982, the Health and Safety at Work Act 2015, the Employment Relations Act 2000, the Equal Pay Act 1972 and the Holidays Act 2000.
2. In determining whether employers may be accredited, INZ will assess applications taking into account such factors as:
   1. the period for which the employing organisation has been established as a going concern; and
   2. whether the employer has engaged with the relevant industry union, guild, or professional organisation.

      Note: In the case of ‘Single Purpose Vehicle’ production companies applying for accreditation, the length of the involvement of the parent company in New Zealand will be taken into consideration.

3. Applicants must consent to INZ seeking information from the Employment Relations Service, the Health and Safety Services 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.
4. INZ will decline an application for accreditation where it considers accreditation would create unacceptable risks to the integrity of New Zealand's immigration or employment laws or policies.
5. INZ will rescind an employer's accreditation where it considers that an accredited employer's conduct has created an unacceptable risk to the integrity of New Zealand's immigration or employment laws or policies. Decisions to rescind accreditation will not be made by INZ without the consent of the Minister of Immigration.
6. An employer is considered to not have a history of compliance with employment law if it fails to meet the requirements set out at W2.10.15 or is currently included on a list of non-compliant employers maintained by the Labour Inspectorate (see Appendix 10).

WS6.15.5 Applying for accreditation

1. Applications for accreditation and renewals must be made on the INZ form Entertainment Industry Accreditation Application (INZ 1197) and accompanied by documents which demonstrate that the employer meets the requirements for accreditation set out at WS6.15.1(a).
2. A fee is payable for an application for accreditation. A lower fee is payable for a renewal of accreditation.

WS6.15.10 Determining applications for accreditation

1. INZ 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.
2. INZ will consult with relevant unions or professional associations and other industry organisations when determining whether an employer has:
   1. a sound industry track record; and
   2. knowledge of the New Zealand industry sector in which they operate; and
   3. a commitment to training and engaging New Zealand citizens and residence class visa holders; and
   4. good workplace practices.

WS6.15.20 Length of accreditation

1. Approved employers will be granted accreditation for an initial period of 12 months.
2. Accreditation may be renewed for additional two-yearly periods upon application, where INZ is satisfied that the employer still meets the requirements for accreditation set out above.

WS6.15.15 Reconsideration process for applications for accreditation which are declined

There is no statutory right of appeal against the decision to decline an application for accreditation. However, INZ will reconsider a declined application for accreditation where new information is promptly provided.

Effective 01/04/2017