WG3.1 Evidence required from employers requesting... (29/04/2002)

WG3.1 Evidence required from employers requesting approval in principle to employ a non New Zealand citizen or resident worker

1. Employers requesting approval in principle to employ a non-New Zealand citizen or resident worker must provide:
   1. job offer(s) containing all the information specified at W2.10.10, and
   2. confirmation of whether or not the worker requires occupational registration in New Zealand, and
   3. if more than one, the number of temporary workers sought, and
   4. the names of suitable applicants (if known), and
   5. evidence of genuine attempts (see WG3.1.1 below) to attract and recruit suitable staff from within New Zealand (see WG3.10(b)), including the reasons why:
      • any particular job specifications were considered necessary for the performance of the work; and
      • any New Zealand applicants who applied were either not suitable, or refused to perform the work; and
      • New Zealand citizens or residents may not be readily trained to do the work; and
   6. if requested by a visa or immigration officer, evidence and/or confirmation of past and future compliance with employment and immigration law (see W2.10.5).
2. Visa and immigration officers must conduct a labour market test (see WG3.10) to be satisfied that there are no New Zealand citizens or residents available to do the work.
3. Evidence and/or confirmation of past and future compliance with employment, and immigration law may include but is not limited to:
   • employment contracts with workers which demonstrate compliance
   • a recognised history with the Department of Labour of past compliance

WG3.1.1 Definition of ‘genuine attempts’

1. For the purposes of this policy an employer is considered to have made genuine attempts to recruit suitable staff from within New Zealand if:
   1. the extent and nature of advertising or use of other appropriate means of recruitment is such that any suitable New Zealand workers would apply or be likely to apply for the position(s); and
   2. any specifications or requirements stipulated in a job description and/or ideal person specification are restricted to those specifications or requirements necessary to perform the work on offer; and
   3. the terms and conditions specified for the work on offer meets the New Zealand market rate.

Effective 29/04/2002