Announcement
Important Employment Court decision: overseas payments for New Zealand jobs are illegal
Published
20 October 2026
The Employment Court has made an important decision, confirming overseas payments made for a New Zealand job are illegal.
Immigration New Zealand (INZ) National Manager Risk and Verification, Aaron Smith, says the Court has set a precedent removing uncertainty about migrant exploitation.
The Wages Protection Act 1983 prohibits workers being charged a fee for a job. However, previously it was not clear if New Zealand law could be applied to such a payment that was made overseas. The Court has confirmed that these payments made overseas are prohibited.
"The Court further held that the prohibition extends to payments made on a prospective employee’s behalf by family members, friends, agents or others, and to payments received by agents or others acting on behalf of the employer," Mr Smith says.
"Migrant workers paying significant sums of money for promises of jobs and residency is a recurring feature of migrant exploitation and is widespread.
"The Court’s decision provides a legal tool to help combat this exploitation.
"It makes it clear no matter where the worker is, how much is paid, and regardless of to who, that it is illegal to charge a fee for a job in New Zealand. If you are being charged for a job, then your employer (and those working on their behalf) is committing an illegal act.
"Anyone who believes they have been misled or pressured into paying for job offers or visa support should contact us. Every piece of information helps us prevent others from being exploited.
"While we do not have the ability to recover premiums paid by a migrant in a job scam, we do have a range of options available to hold New Zealand employers to account if they (or those working on their behalf) are found to be charging migrants for jobs.
"Employers and those involved in recruiting migrant workers need to make sure their recruitment practices are transparent, uphold New Zealand’s employment standards, and that migrants are not being charged to secure employment. This includes being alert to what is happening through offshore recruitment arrangements and third parties.
"If you break the law, misuse your position, or take advantage of migrants for financial gain, including through making false job offers, there will be consequences."
Read the full Court’s decision.
Labour Inspector v Top Produce LTD — Employment Court New Zealand (PDF, 305KB)
You can report an employment issue or migrant exploitation on the Employment website and if you want to talk to someone about migrant exploitation, call 0800 20 90 20.