R5.110 Compliance with employment law (28/08/2017)

1. An employer who supports a visa application, or provides an offer of employment in support of an application, must have a history of compliance with employment law.
2. A history of compliance with employment law includes, but is not limited to, meeting the requirements of the following legislation:
   1. Accident Compensation Act 2001; and
   2. Employment Relations Act 2000; and
   3. Equal Pay Act 1972; and
   4. Health and Safety at Work Act 2015; and
   5. Holidays Act 2003; and
   6. Minimum Wage Act 1983; and
   7. Parental Leave and Employment Protection Act 1987; and
   8. Wages Protection Act 1983.

R5.110.1 Evidence of non-compliance with employment law

1. Employers are considered to not have a history of compliance with employment law if they are included on a list of non-compliant employers maintained by the Labour Inspectorate. The rules for inclusion on the list are set out in Appendix 10.
2. Where an employer has an investigation or case pending with the Labour Inspectorate, the Employment Relations Authority, or the New Zealand courts, an immigration officer may request further information to determine whether an employer is complying with the requirements of employment law.
3. New employers may be considered to have a history of compliance if:
   1. they do not appear on the list of non-compliant employers maintained by the Labour Inspectorate; and
   2. they can demonstrate they have sound human resources policies and practices; and
   3. there is no other information that indicates non-compliance, for example when a person who is on the stand-down list is able to influence employment agreements, practices and policies.
4. A visa application will be declined if:
   1. it is supported by, or includes a job offer based on employment with, an employer who is included on a list of non-compliant employers; or
   2. an immigration officer is otherwise not satisfied the employer meets the requirements of R5.110.1(a) – (c) above.

Note:
- Breaches of employment standards which lead to inclusion on a list of non-compliant employers may still be considered when determining an employer’s compliance with employment law, as required elsewhere in immigration instructions, even if the employer is no longer on the list.

Effective 28/08/2017