SM7.20 Requirements for employers

1. All employers wishing to employ non-New Zealand citizens or residents must comply with all relevant employment and immigration law in force in New Zealand. Compliance with relevant New Zealand employment and immigration law includes, but is not limited to:
   1. paying employees no less than the appropriate adult or youth minimum wage or other contracted industry standard; and
   2. meeting holiday and special leave requirements or other minimum statutory criteria, e.g. occupational safety and health obligations; and
   3. only employing people who have authority to work in New Zealand.
2. To qualify for points, skilled employment must be with an employer who has good workplace practices, including a history of compliance with all immigration and employment laws such as the Immigration Act, the Injury Prevention, Rehabilitation and Compensation Act, the Minimum Wage Act, the Health and Safety in Employment Act, the Employment Relations Act and the Holidays Act.
3. Current employment or an offer of employment does not qualify for points if it is not compliant with all relevant immigration and employment laws in force in New Zealand or if the NZIS considers that the employment of the applicant creates unacceptable risks to the integrity of New Zealand’s immigration or employment laws or policies.

Note: To determine whether an offer of employment creates an unacceptable risk to the integrity of New Zealand’s immigration and employment policies, a visa or immigration officer may consider whether the remuneration offered for the position is comparable to the market rate for New Zealand workers in that occupation.

Effective 08/12/2008