W2.2 Definitions (04/04/2011)

See also Immigration Act 2009, s 4

W2.2.1 Definition of 'employment'

1. Employment means any activity undertaken for gain or reward, but does not include:
   1. visits by persons undertaking business activities detailed in V3.5(b);
   2. 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 (see H2);
   3. study or training under a scholarship or other award recognised by the Minister;
   4. visits by guests of government (guest of government status is granted through the Department of the Prime Minister and Cabinet);
   5. visits by persons who meet the special requirements under V3.55, V3.85 or V3.130.
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: ‘Employment in the context of the INZ Operational Manual has the same meaning as ‘work’ as defined in section 4 of the Immigration Act 2009. 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 instructions.

W2.2.15 Definition of 'New Zealand market rate'

1. For the purposes of work instructions (with the exception of WH1 Recognised Seasonal Employer instructions), the New Zealand market rate is the rate of pay which would be required to recruit a New Zealand citizen or residence class visa holder to do equivalent work.
2. When assessing the New Zealand market rate, factors immigration officers may consider, include, but are not limited to:
   1. the typical rate of pay a New Zealand citizen or residence class visa holder 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 04/04/2011