Common topic
Immigration Employment Infringement Scheme
Published
26 August 2025
New Zealand's immigration system has an infringement scheme that allows infringement notices to be issued to employers who commit immigration offences. This helps to ensure migrant workers are treated fairly and people and immigration rules are complied with.
The infringement scheme was introduced in April 2024 to support the changes outlined in the Worker Protection (Migrant and Other Employees) Act. This Act strengthens enforcement measures to deter employers who exploit migrant workers, and ensure these workers are protected by both immigration and employment laws.
The scheme allows Immigration New Zealand to hold employers who breach their obligations to account by issuing infringement notices to those who commit lower level offences, including if they:
- allow a person who is not entitled under the Immigration Act 2009 to work in the employer’s service to do that work
- employ a person in a manner that is inconsistent with a work-related condition of that person’s visa
- fail to provide documents requested by an immigration officer (under section 275A) within 10 working days.
Infringement penalties can include:
- a fine of NZD $1,000 for an individual, or NZD $3,000 for body corporate or other entity (companies)
- loss of accredited employer or Recognised Seasonal Employer status, and
- being placed on the employer stand down list, where employers cannot support further visas for migrant workers for 6 months (or longer depending on the number of infringement notices received).
A notice may be issued for 1, or several offences. More serious breaches may result in criminal charges.
Statistics
In the first 2 years of the infringement scheme (1 April 2024 to 30 April 2026), 314 infringement notices have been issued. This has resulted in more than NZD $1,000,000 being issued in penalties.
| Financial year (1 July to 30 June) | 2023/24 | 2024/25 |
|---|---|---|
| Infringements issued | 15 | 121 |
| Total employers issued infringements | 15 | 118 |
| Total amount of infringements (NZD) | NZD $63,000 | NZD $395,000 |
Note: the infringement scheme only began in April 2024, part way through the 2023/24 financial year.
Immigration stand down list
Employers cannot get their accreditation back or support visa applications while they are ‘stood down’. An employer can receive a 6-month stand-down for a single infringement notice, an extra 6-month stand-down for each subsequent infringement notice and a 12-month maximum stand-down for multiple notices issued at one time.
While an employer is on the stand-down list, they can continue to hire migrants on open work visas and continue to employ migrants who hold a current the Accredited Employer Work Visa (AEWV) for their business. When the stand-down ends the employer must show they have rectified the matter and improved processes to stop it happening again, before they can gain accreditation again under AEWV. MBIE will notify any employees that are on a AEWV that the employer has been placed on the stand down list
Any employers who have been penalised and temporarily barred from hiring migrant workers will be published on the INZ website. This list aims to increase transparency in the immigration system.
Disputing infringement notices
When an employer has received an infringement notice, they have the right to either dispute the notice (court hearing) or request a review (internal).
An employer can:
- request a Court hearing to dispute an infringement notice on the basis that they deny liability for the offences
- have a Court consider written submission to dispute the amount of the fines, or
- request a review or reconsideration of an infringement notice.