RW2.5 Requirements for employment (25/08/2014)

Employment must be:

1. in New Zealand; and
2. full-time (that is it amounts to, on average, at least 30 hours per week); and
3. ongoing, that is:
   1. an offer of employment or current employment, with a single employer, that is permanent or indefinite, and of which the employer is in a position to meet the terms specified; or
   2. an offer of employment or current employment with a single employer, for a stated term of at least 12 months; and
4. genuine; and
5. compliant with all relevant employment law in force in New Zealand.

Note: Compliance with relevant New Zealand employment law includes but is not limited to:
~ a written employment agreement that contains the necessary statutory specified terms and conditions;
~ meeting holiday and special leave requirements and other minimum statutory criteria;
~ meeting occupational safety and health obligations.

Where an offer of employment or current employment is for a stated term of at least 12 months, the stated term must be valid both at the time the application is lodged and when the application is decided, in particular:
~ if the applicant has current employment, he or she must be in that employment, or
~ if the applicant has an offer of employment, the offer must continue to be valid.

RW2.5.1 Requirements for employment for a stated term

1. For the purposes of RW2.5(c)(ii), INZ must be satisfied that the employer:
   1. has genuine reasons based on reasonable grounds for specifying that the employment is for a stated term; and
   2. has advised the employee of when or how their employment will end and the reasons for their employment ending; and
   3. is in a position to meet the terms specified.
2. ‘Genuine reasons’ for the purposes of SM7.15(c)(i) do not include reasons:
   1. that exclude or limit the rights of a person under employment law; or
   2. to determine the suitability of a person for permanent or indefinite employment.

Note: In order meet employment law, employment agreements that are for a stated term must specify in writing the way in which the employment will end and the reasons for ending the employment.

Effective 25/08/2014