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- This is not current policy -
The policy in this manual ceases to be effective from 29 November 2010.
To see the current Immigration New Zealand Operational Manual go to
www.immigration.govt.nz/opsmanual

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employment

W2.2.1 Definition of 'employment'

  1. Employment means any activity undertaken for gain or reward, but does not include:
    1. representation on an official trade mission recognised by the New Zealand Government;
    2. employment as a sales representative of an overseas company in New Zealand for a period or periods no longer than a total of 3 months in any calendar year;
    3. activity in New Zealand as an overseas buyer of New Zealand goods or services for a period or periods no longer than a total of 3 months in any calendar year;
    4. official business in the service of any government, or of any inter-governmental or international organisation that is entitled to any privileges and immunities under the Diplomatic Privileges and Immunities Act 1968;
    5. business consultations or negotiations in New Zealand on establishing, expanding, or winding up any business enterprise in New Zealand, or carrying on any business in New Zealand, involving the authorised representatives of any overseas company, body or person for a period or periods no longer than a total of 3 months in any calendar year;
    6. study or training under a scholarship or other award recognised by the Minister.
  2. 'Gain or reward' includes any payment or benefit that can be valued in terms of money, such as board and lodging, goods (eg, food or clothing) and services (eg, transport).

    Note: This definition does not require employment as an 'employee'. It also covers self-employment.

W2.2.5 Definition of 'New Zealand' for employment purposes

  1. A person is considered to be undertaking employment in New Zealand if at any time they are employed:
    1. on or in relation to any artificial island, installation, or structure anywhere within the territorial sea of New Zealand; or
    2. on or in relation to any artificial island, installation, or structure anywhere within the exclusive economic zone of New Zealand or on or above the continental shelf of New Zealand; or
    3. on board any craft that is registered in New Zealand and is engaged in activities anywhere:
      • within the territorial sea of New Zealand, or
      • within the New Zealand exclusive economic zone, or
      • on or above the New Zealand continental shelf.

A person is considered to be undertaking employment in New Zealand whether or not a New Zealand or overseas resident is providing the payment or benefit for the activity.

Effective 28/07/2008

employment (29/04/2002)

THIS IS NOT A CURRENT DEFINITION

W2.1.1 Definition of 'employment'

Immigration Act 1987 s 2

  1. Employment means any activity undertaken for gain or reward, but does not include:
    1. representation on an official trade mission recognised by the New Zealand Government;
    2. employment as a sales representative of an overseas company in New Zealand for a period or periods no longer than a total of 3 months in any calendar year;
    3. activity in New Zealand as an overseas buyer of New Zealand goods or services for a period or periods no longer than a total of 3 months in any calendar year;
    4. official business in the service of any government, or of any inter-governmental or international organisation that is entitled to any privileges and immunities under the Diplomatic Privileges and Immunities Act 1968;
    5. business consultations or negotiations in New Zealand on establishing, expanding, or winding up any business enterprise in New Zealand, or carrying on any business in New Zealand, involving the authorised representatives of any overseas company, body or person for a period or periods no longer than a total of 3 months in any calendar year;
    6. study or training under a scholarship or other award recognised by the Minister.
  2. 'Gain or reward' includes any payment or benefit that can be valued in terms of money, such as board and lodging, goods (eg, food or clothing) and services (eg, transport).
  3. Full-time employment is based on a working week of 30 or more hours.

Note: This definition does not require employment as an 'employee'. It also covers self-employment.

Effective 29/04/2002

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