WJ2.10 Fit and proper person test

For the purpose of determining whether or not a director or senior manager of the New Zealand employer is a fit and proper person, INZ will take into account:

1. whether the person:
   1. at any time, has been declared bankrupt or been a director of a company that has been put into receivership or liquidation;
   2. at any time, has been a director or senior manager of a company that has failed to meet its obligations under relevant New Zealand employment and immigration law, and immigration instructions;
   3. has been convicted of an offence involving dishonesty in New Zealand or a foreign country;
   4. has been involved in business fraud or financial impropriety; or
   5. has ever been convicted of any offence arising in the course of, or resulting from, business dealings; and
2. any relevant feedback received from the Ministry for Primary Industries or Maritime New Zealand, (see WJ2(d)); and
3. whether, bearing in mind all available evidence, there is reason to believe that the person will not meet their obligations under the foreign crew of fishing vessels instructions.

WJ2.10.1 Applications usually deferred

1. Applications for an Approval in Principle to recruit foreign crew of fishing vessels will usually be deferred for up to six months if, at the time the application is assessed, a director or senior manager of the New Zealand employer:
   1. has been charged with any offence which, on conviction, would make WJ2.10(a)(iii) apply to that person; or
   2. is under investigation for such an offence.
2. At the time an application for is assessed, immigration officer must:
   1. defer the decision on the application for up to six months; and
   2. inform the applicant of the decision to grant a deferral and the period of the deferral, in writing; and
   3. await the outcome of the charge or investigation; and
   4. if removal of the character impediment is confirmed, continue processing the application; and
   5. if the character impediment is not removed, refer to the Head of Operations or Visa Operations Manager for their decision on whether to grant a second or subsequent deferral.

WJ2.10.5 Second and subsequent deferral periods

1. In cases where the deferral period is coming to an end and the director or senior manager is still awaiting the outcome of the charge or investigation, a second or subsequent deferral period may be imposed.
2. A decision on a second or subsequent deferral will only be made after appropriate consultation with Operations Support, Border and Visa Operations and the Legal Services of the Ministry of Business, Innovation and Employment about:
   1. whether a second or subsequent deferral is justified in the circumstances; and
   2. whether the deferral period is reasonable, given the likely timeframe of any outcome being reached and the efforts the applicant is making to reach an outcome.
3. A decision to grant a second deferral must be made by a Head of Operations or Visa Operations Manager or above.
4. If the character impediment is not removed by the end of the second deferral period, the Head of Operations or Visa Operations Manager may impose a subsequent deferral under the provisions at WJ2.10.5.
5. The length of the subsequent deferral period will be decided according to the length of time it is expected for a decision on the charge or investigation to be made.
6. The applicant must be informed in writing of any decision to impose a second or subsequent deferral and the period of the deferral.

Effective 07/09/2020