BH2.5 Compliance with employment and immigration law (01/04/2017)

1. Businesses established in New Zealand must comply with all relevant employment and immigration law in force in New Zealand. Compliance with relevant New Zealand employment and immigration law includes but is not limited to:
   1. paying employees no less than the appropriate minimum wage or other contracted industry standard; and
   2. meeting holiday and special leave requirements or other minimum statutory criteria, e.g. occupational safety and health obligations; and
   3. only employing people who have authority to undertake that work under the Immigration Act 2009.
2. Despite BH2.5 (a) above, and except in cases where BH2.5(d) applies, where an application otherwise meets all requirements for approval and there is an incident of non-compliance with any relevant employment or immigration law in force in New Zealand, a business immigration specialist may nevertheless approve the application where:
   1. they are satisfied that the breach of requirements is of a minor nature; and
   2. evidence is provided that satisfies the business immigration specialist that the cause and consequences of the breach have been remedied.
3. To determine the nature of a breach, the business immigration specialist may consult with WorkSafe New Zealand, the Labour Inspectorate and other sections of the Ministry of Business, Innovation and Employment, and/or the Accident Compensation Corporation.
4. The business established is considered to not be compliant with employment law if it fails to meet the requirements set out at R5.110, or if it is included on a list of non-compliant employers maintained by the Labour Inspectorate (see Appendix 10).

Effective 01/04/2017