WG3.10 Labour market tests (31/03/2008)

1. Visa and immigration officers will conduct a labour market test to determine whether there are any New Zealand citizens or residents available (see WG1.1) to do the work offered to a non-New Zealand citizen or resident worker.
2. When conducting a labour market test a visa or immigration officer must be satisfied:
   1. the employer has made a genuine attempt to attract and recruit suitable workers in New Zealand; and
   2. suitable workers are not available in New Zealand (see WG1.1).
3. Matters a visa or immigration officer may take into account when determining whether or not a labour market test is satisfied include but are not limited to:
   1. the employer's case:
   2. for an approval in principle, or
   3. in support of an individual worker's application
   4. evidence of a genuine attempt on the part of the employer to recruit New Zealand workers by way of advertising and/or use of other appropriate avenues of recruitment likely to attract New Zealand workers
   5. advice from the service delivery arm of the Ministry of Social Development, Work and Income New Zealand of the unavailability of New Zealand citizens or residents suitably qualified by training and experience to do the work offered
   6. labour market advice from the particular industry.
4. In any particular case the visa or immigration officer may decide to:
   1. determine the labour market test is satisfied by one or more of the above, or
   2. determine that the labour market test is not satisfied by one or more of the above, or
   3. make other inquiries.

Note: Approval cannot be given for a non-New Zealand citizen or resident worker to do the work:

~ if the employer has advertised the work in such a way that no New Zealand citizen or resident will or is likely to apply e.g. making foreign language skills a requirement when it is not necessary for the performance of the work; or

~ if there are suitable New Zealand workers in the market for work of a certain type (the employer would then be expected to meet the New Zealand market in relation to the terms and conditions of employment); or

~ if an employer is only able to prove that there are no New Zealand workers willing to do the work on the terms and conditions proposed by the employer, but does not show that those terms and conditions meet the New Zealand market for the work in question.

Effective 31/03/2008