Non-compliance, stand-down periods and permanent bans

To be accredited you and any key people in your organisation must be compliant with immigration and employment standards. If not you may be fined, stood-down or permanently banned.

In order to get accreditation you or your key people must not:

  • have employed a migrant who did not have the right visa or visa conditions to work in that role
  • have provided false or misleading information to INZ
  • be banned from acting as a director or have a pattern of immigration offences in other businesses you or your key people have been involved in,
  • been non-compliant with any other employment, immigration or business standards.

If you breach employment or immigration standards

If you breach minimum employment standards or are convicted of specific Immigration Act or Crimes Act offences you may be fined and stood-down or permanently banned from hiring migrants.

The Labour Inspectorate maintains a list of employers who are subject to a stand-down for breaches of employment standards and we check this list when you apply for accreditation to hire migrants.

Employers who have breached minimum employment standards | Employment New Zealand

Fines and stand-down periods for Immigration Act offences

If you breach the Immigration Act 2009, your stand-down period is determined by the fines you are given in court.

  • Up to NZD $999.99 — a stand-down of 6 months from the time the penalty is imposed.
  • NZD $1,000 to 9,999.99 — a stand-down of 12 months from the time the penalty is imposed.
  • NZD $10,000 to 24,999.99 — a stand-down of 18 months from the time the penalty is imposed.
  • NZD $25,000 or more — 24 months from the time the penalty is imposed.

Once the stand-down period has ended you must show you have addressed the non-compliance and taken steps to make sure it does not happen again. This only applies to stand-downs for Immigration Act offences, not the Labour Inspectorate stand-down list for breaches of employment standards.

A business with compliance failures cannot be closed and opened again under a new name to dodge those failures. We will still take the compliance issues in the previous business into account.

Banned directors | New Zealand Companies Office

Immigration law