E11.15 Requirements for approved work exchange schemes (29/11/2010)

E11.15.1 Reciprocity

1. Exchanges must be reciprocal in terms of both:
   1. the number of foreign and New Zealand exchange participants each year; and
   2. the granting of permission for New Zealand participants to visit other countries for equivalent periods, under similar terms and conditions.
2. Normally, the total number of incoming exchange participants in any 24-month period is approximately equal to the number of outgoing New Zealand participants.

Note: INZ may approve a longer period than 24 months if particular organisers make a satisfactory case.

E11.15.5 Guarantors

1. A person or organisation in New Zealand must agree to be the New Zealand guarantor for the exchange.
2. If the scheme is organised from New Zealand, the people who propose the scheme are usually the New Zealand guarantors.
3. If the scheme is organised from outside New Zealand, the organisers must nominate a guarantor who will act on their behalf in New Zealand.

E11.15.10 Obligations of guarantors

New Zealand guarantors of an exchange scheme must accept all of the following obligations, either as organisers or on behalf of the organisers:

1. they must assist in selecting New Zealand participants, and agree to provide INZ with details of the number of inbound foreign and outbound New Zealand participants who have participated in the scheme in the preceding 24 months; and
2. they must agree to be the contact point for any communication between the organisers, the participants and INZ; and
3. they must sign an undertaking that suitable accommodation will be arranged before each inbound participant and any accompanying dependents arrive; and
4. they must be responsible for ensuring that inbound participants (and any accompanying dependants) will be adequately maintained during the period of the exchange; and
5. they must sign an undertaking that suitable jobs will be arranged before each inbound participant arrives.

E11.15.15 Length of exchange

The maximum length of stay permitted for participants is 12 months. INZ must give special approval for any exchanges which last longer than 12 months.

E11.15.20 Terms and conditions of employment under the exchange

The organisers of a work exchange scheme must ensure that the proposed conditions of work for inbound participants comply with the minimum employment requirements as provided for under New Zealand employment law. INZ approval of a work exchange scheme does not exempt the organisers from this obligation.

Note: Compliance with relevant New Zealand employment law includes but is not limited to:

~ a written employment agreement that contains the necessary statutory specified terms and conditions;
~ meeting holiday and special leave requirements and other minimum statutory criteria, e.g. health and safety obligations;
~ paying employees no less than the appropriate adult or youth minimum wage.

Effective 29/11/2010