W2.2 Definitions

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.
2. 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.

W2.2.10 Definition of 'full-time employment'

Unless otherwise specified, full-time employment is considered to be at least 30 hours of work per week for the purpose of all work policies.

W2.2.15 Definition of 'New Zealand market rate'

1. For the purposes of work policy (with the exception of WH1 Recognised Seasonal Employer policy), the New Zealand market rate is the rate of pay which would be required to recruit a New Zealand citizen or resident to do equivalent work.
2. When assessing the New Zealand market rate, factors visa and immigration officers may consider, include, but are not limited to:
   1. the typical rate of pay a New Zealand citizen or resident worker receives for equivalent work;
   2. rates of pay provided by collective agreements for the relevant industry;
   3. the region of employment;
   4. the period of employment;
   5. the other terms and conditions of employment (such as the hours of work);
   6. the level of training and experience required for the position.

Effective 28/07/2008