WA2.35 Processing and verification requirements

1. Employers must advise INZ within 10 working days:
   1. of any changes to their key persons or business structure (including changes to the employer’s legal entity, such as changing from a partnership to a limited company, or merging or amalgamating with another entity); and
   2. if an Accredited Employer Work Visa holder’s employment ends more than a month before their visa expires.
2. Where a change to an accredited employer’s business structure results in a change to the legal entity (and NZBN) employing Accredited Employer work visa holders (such as changing from a partnership to a limited company, or merging or amalgamating with another entity), that legal entity must apply for accreditation in its own right under that legal entity (and associated NZBN).

   Notes:
   - An employer’s accreditation status cannot be transferred to another legal entity, with a separate NZBN. Accreditation cannot be acquired by a non-accredited employer entity amalgamating or merging with an accredited employer.
   - The obligation to inform INZ if an AEWV holder’s employment ends as per (a)(ii) above is an accreditation requirement that will take effect at the point the employer is accredited (or has accreditation renewed or updated) while these requirements are in place.

3. As part of assessing an employer accreditation application, INZ may, where necessary:
   1. take steps to verify whether information, including evidence provided as part of an application for accreditation, is genuine, true and accurate, including conducting interviews or site visits to the employer’s premises; and
   2. request evidence and additional information that is not specified in these instructions from employers, organisations that an Accredited Employer work visa holder is placed in a triangular employment arrangement with, employees, members of the public and other relevant parties such as other parts of the Ministry of Business, Innovation and Employment, WorkSafe, the Labour Inspectorate, the Companies Office, the Inland Revenue Department or other government agencies to:
      • determine whether an employer meets the requirements for employer accreditation; and
      • determine whether an organisation that an Accredited Employer work visa holder is placed in a triangular employment arrangement with meets the requirements as set out at WA2.20.1; and
      • confirm the identity of key persons within an organisation and their role with an employer; and
   3. take into account information in addition to that collected from the parties detailed above or from interviews or site visits, including:
      • information supplied by an employee to INZ at any time; and
      • information about the employer held by INZ from their current or previous accreditation or Job Check application(s) or from other interactions the employer has had with INZ (e.g. visa applications they have supported); and
      • publicly available information about the employer.
4. An employer accreditation renewal application may be declined if an employer has failed to advise INZ of any changes outlined in (a) or (b) above within the required timeframe.
5. An employer accreditation application may be declined if the employer refuses INZ entry to conduct a site visit without reasonable justification, where this results in the immigration officer not being satisfied that the employer meets the accreditation requirements set out in these instructions.
6. An employer accreditation application may be declined where an employer does not give consent for INZ to disclose relevant information. Before disclosing information to third parties, such as other government agencies, for the purposes of assessing an accreditation application or carrying out verification, INZ will seek the consent of the employer for the disclosure of information that is:
7. identified by the employer as commercially sensitive; and
   1. provided in confidence to INZ; and
   2. considered by INZ as necessary to disclose for the determination of an application.

WA2.35.1 Processing and verification requirements for employers who use triangular employment arrangements

1. INZ may, where necessary, directly verify information with the employer, the organisation that an Accredited Employer work visa holder is placed with, or employees in relation to the requirements for accreditation set out in these instructions, including by carrying out site visits.
2. If the organisation that an Accredited Employer work visa holder is placed with refuses INZ entry to conduct a site visit without reasonable justification, and an immigration officer is not satisfied that the employer meets the requirements in these instructions, Accredited Employer work visa holders may not be placed with that organisation.

Effective 16/06/2024