W2.1 Who does not need to apply for a work visa or permit (26/07/1999)

Immigration Act 1987 s 5(1), 24(3)

The following persons do not need to apply for a work visa or permit if they wish to work in New Zealand:

1. New Zealand citizens; or
2. holders of residence permits; or
3. holders of any other type of temporary permit whose conditions have been varied to authorise the holder to undertake employment (see W2.1.1 below) in New Zealand or within the exclusive economic zone of New Zealand (see W2.1.5 below); or
4. persons exempt from having to hold a permit.

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.

W2.1.5 Definition of 'New Zealand' for employment purposes

Immigration Act 1987 s 5(2)

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.

Effective 26/07/1999