Consent and agreement terms for Accredited Employer Application

To apply for an Accredited Employer Application you need to read and agree to the Immigration New Zealand (INZ) terms below.

Accreditation criteria

For an employer to qualify for accreditation, INZ must be satisfied that the employer:

  • is in a sound financial position
  • has human resource policies and processes of a high standard
  • has a demonstrable commitment to training and employing New Zealanders, and
  • has good workplace practices – including a history of compliance with all immigration and employment laws and policies such as the Immigration Act 2009, the Accident Compensation Act 2001, the Minimum Wage Act 1983, the Health and Safety in Employment Act 1992, the Employment Relations Act 2000, Wages Protection Act 1983, Parental Leave and Employment Protection Act 1987 and the Holidays Act 2003.

Accreditation assessment

When deciding whether to grant accreditation, INZ will consider all the information and evidence supplied in the employer’s application for accreditation, and will take into account such factors as:

  • the period for which the employer has been a going concern
  • whether the employer has engaged with any relevant Industry Training Organisation (ITO)
  • whether the employer is a member of the EEO Employers Group
  • whether the employer is International Organisation for Standardisation “ISO-certified”
  • whether the employer has an intention to maintain accreditation throughout the period of currency of any visas granted to their employees under the Talent (Accredited Employers) Work Instructions.

INZ is required by the Talent (Accredited Employers) Work Instructions to be satisfied that all the information and documents included in an application for employer accreditation are genuine and accurate, and may take any steps it considers necessary to verify such information or documents, including interviews. It may also, where necessary, seek the approval of an employer to conduct a site visit to the employer’s premises. (Where any information is identified by the employer as commercially sensitive, and is provided to INZ in confidence, INZ will seek the consent of the employer for the disclosure of that information.)

INZ will consult with relevant unions and other employee representatives when determining whether the employer has human resource policies and processes of a high standard, a commitment to training and employing New Zealanders, and good workplace practices.

Employers must consent to INZ seeking information from other groups within the Ministry of Business, Innovation and Employment, WorkSafe New Zealand, and the Accident Compensation Corporation concerning the employer’s compliance with New Zealand’s employment laws. Where such consent is not given, the application for accreditation will be declined.

Offers of employment by accredited employers

Offers of employment made by accredited employers to non-New Zealand workers under the Talent (Accredited Employers) Work Instructions must be:

  • for genuine employment in New Zealand in the capacity or position stated
  • for employment in the accredited employer’s core area of business activity and where the employer will have direct responsibility for the employee’s work output
  • for a position with a salary of NZ$55,000 or more
  • for a period of at least 24 months
  • for full-time employment (that is, amounting to, on average, at least 30 hours per week)
  • current at the time the holder’s work visa application is assessed, and at the time he or she is granted a multiple entry work visa
  • compliant with all relevant employment law1 in force in New Zealand, and
  • when submitted by the holder to INZ, accompanied by evidence of full or provisional registration (or of eligibility for such registration) if registration is required by law for that person to take up the offer. For medical practitioners, registration within a ‘special scope of practice’ is not full or provisional registration for the purpose of a work to residence application.

Note: the minimum base salary requirement of NZ$55,000 may be waived for applicants who produce evidence which satisfies INZ that they have exceptional talent in a field of art, sport or culture as defined in our Work Visa Guide (INZ 1016).

Accreditation may be refused or revoked

An employer’s application for accreditation will be declined if an employer does not meet the criteria for accreditation, or if INZ considers that accrediting that employer would create unacceptable risks to the integrity of New Zealand’s immigration or employment laws or policies.

Accreditation may be revoked or not renewed if:

  • as a result of an audit, an immigration officer is not satisfied that the requirements of accreditation continue to be met
  • an employer fails to comply with a request for further information or records by INZ within a reasonable specified timeframe
  • INZ considers an employer’s conduct has created an unacceptable risk to the integrity of New Zealand’s immigration or employment laws or policies
  • an employer supplies false or misleading information to INZ.

Applications for reconsideration

There is no statutory right of appeal against a decision by INZ to decline an application for accreditation, however INZ will reconsider a decline decision if the employer provides new information within 14 days of being notified of the decision. Any application for reconsideration must be made in writing and must be accompanied by the reconsideration fee. INZ’s decision on a reconsideration is final.

Importance of complying with all employment and immigration law

Employers whose conduct results in their accreditation being revoked or not being renewed, may jeopardise the ability of any employees holding work visas to subsequently apply for residence under the Talent (Accredited Employers) Residence Instructions.

Immigration Advisers Licensing Act 2007

Under the Immigration Advisers Licensing Act 2007 it is an offence to provide immigration advice without being licensed or exempt. If your immigration adviser is not licensed when they should be, Immigration New Zealand will return your application.

For more information and to view the register of licensed advisers, go to the Immigration Advisers Authority website:

www.iaa.govt.nz

info@iaa.govt.nz

Work entitlement

It is an offence under the Immigration Act 2009 to employ a person who is not entitled to work in New Zealand.

One way for employers to avoid committing this offence is to check a person’s entitlement to work through Immigration New Zealand’s online VisaView system. Disclosure of information through VisaView is authorised by legislation.

Check someone can work for you