WR1.25 Requirements for accreditation

1. The objective of accreditation is to allow accredited employers to supplement their own New Zealand workforce in their core area of business activity through
   1. the recruitment of workers who are not New Zealand citizens or residents and whose talents are required by the employer; and
   2. the accredited employer having direct responsibility for those employees and their work output..
2. Employers who are granted accreditation may offer employment to workers who are not New Zealand citizens or residents without the need to establish that there are no New Zealand citizens or residents suitably qualified by training and experience available, or readily able to be trained, to do the work.
3. Accreditation will be granted where the NZIS is satisfied that an employer:
   1. is in a sound financial position; and
   2. has human resource policies and processes which are of a high standard; and
   3. has a demonstrable commitment to training and employing New Zealanders; and
   4. 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.
4. In determining whether employers may be accredited, the NZIS will assess applications taking into account such factors as:
   • the period for which the employing organisation has been established as a going concern;
   • whether the employer has engaged with the relevant Industry Training Organisation (ITO);
   • whether the employer is a member of the EEO Employers Group;
   • whether the employer is International Organisation for Standardisation (IOS) certified;
   • whether the employer has an intention to maintain accreditation throughout the period of currency of any visas and permits issued or granted to their employees under the Talent (Accredited Employers) Work Policy.
5. Applicants must consent to the NZIS seeking information from the Employment Relations Service, the Occupational Safety and Health Service and the Accident Compensation Corporation concerning the applicant's compliance with New Zealand employment laws. Where such consent is not given an application for accreditation will be declined.
6. The NZIS will decline an application for accreditation where it considers accreditation would create unacceptable risks to the integrity of New Zealand’s immigration or employment laws or policies.
7. Because the accreditation of employers whose main business is the facilitation of entry to New Zealand of non-New Zealand citizens and residents under Government immigration and Government residence policies potentially creates an unacceptable risk to the integrity of New Zealand's immigration laws and policies, applications for accreditation by such employers will not be approved.
8. The NZIS will rescind an employer's accreditation where it considers that an accredited employer's conduct has created an unacceptable risk to the integrity of New Zealand's immigration or employment laws or policies. Decisions to rescind accreditation will not be made by the NZIS without the consent of the Minister of Immigration.
9. Approved employers will be granted accreditation for a period of 12 months.
10. Accreditation may be renewed on an annual basis, upon application, where the NZIS is satisfied that the employer still meets the requirements for accreditation set out above.
11. A fee is payable for an application for accreditation. A lower fee is payable for annual renewal of accreditation.

WR1.25.1 Applying for accreditation

Application for accreditation must be made on the NZIS form Application for Employer Accreditation and accompanied by documents which demonstrate that the employer meets the requirements for accreditation set out at WR1.25(c).

WR1.25.5 Determining applications for accreditation

1. The NZIS must be satisfied that the information and documents included in an application for accreditation are genuine and accurate, and may take any steps it determines necessary to verify such documents and the information they contain, including interviews.
2. The NZIS may, where necessary, seek the approval of an employer to conduct a site visit to the employer's premises.
3. The NZIS will consult with relevant unions and other employee representatives when determining whether an employer has human resource policies and processes which are of a high standard, a commitment to training and employing New Zealanders and good workplace practices.
4. Where any information is:
   1. identified by the employer as commercially sensitive; and
   2. that information is provided in confidence to the NZIS; and
   3. the NZIS considers that disclosure of that information is necessary for the determination of an application,

   the NZIS will seek the consent of the employer for the disclosure of that information. Where such consent is not given, an application for accreditation will be declined.

5. Where the NZIS, in consulting with other agencies, receives information which may be prejudicial to the positive outcome of an employer's application for accreditation, that adverse information will be put to the employer for comment before a decision is made on their application.

WR1.25.10 Reconsideration process for applications for accreditation which are declined

1. There is no statutory right of appeal against the decision to decline an application for accreditation, however the NZIS will reconsider a declined application for accreditation where new information is promptly provided.
2. The fee for reconsideration of an application for accreditation must accompany the written request for reconsideration.

Effective 07/08/2003