R5.110 Compliance with employment and immigration law

1. An employer (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) who supports a visa application or provides an offer of employment in support of an application, must have a history of compliance with employment and immigration law.
2. A history of compliance with employment and immigration law includes, but is not limited to, meeting the requirements of the following legislation:
   1. Accident Compensation Act 2001; and
   2. Employment Relations Act 2000; and
   3. Equal Pay Act 1972; and
   4. Health and Safety at Work Act 2015; and
   5. Holidays Act 2003; and
   6. Minimum Wage Act 1983; and
   7. Parental Leave and Employment Protection Act 1987; and
   8. Wages Protection Act 1983; and
   9. Immigration Act 2009.

R5.110.1 Evidence of non-compliance with employment law

1. Employers (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) are considered to not have a history of compliance with employment law if they are included on a list of non-compliant employers maintained by the Ministry of Business, Innovation and Employment (MBIE). The rules for inclusion on the list are set out in Appendix 10.
2. Where an employer has an investigation or case pending with the Labour Inspectorate, the Employment Relations Authority, or the New Zealand courts, an immigration officer may request further information to determine whether an employer is complying with the requirements of employment law.
3. New employers may be considered to have a history of compliance if:
   1. they do not appear on the list of non-compliant employers maintained by MBIE; and
   2. they can demonstrate they have sound human resources policies and practices; and
   3. there is no other information that indicates non-compliance, for example when a person who is on the stand-down list is able to influence employment agreements, practices and policies.
4. A visa application will be declined if:
   1. it is supported by, or includes a job offer based on employment with, an employer who is included on a list of non-compliant employers; or
   2. an immigration officer is otherwise not satisfied the employer meets the requirements of R5.110.1(a) – (c) above.

Note:
- Breaches of employment standards which lead to inclusion on a list of non-compliant employers may still be considered when determining an employer’s compliance with employment law, as required elsewhere in immigration instructions, even if the employer is no longer on the list.

R5.110.5 Evidence of non-compliance with immigration law

1. Employers (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) are considered to not have a history of compliance with immigration law if they are included on a list of non-compliant employers maintained by the Ministry of Business, Innovation and Employment (MBIE). The rules for inclusion on the list are set out in Appendix 18.
2. Where an employer (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) has an investigation or case pending with MBIE or the New Zealand courts, an immigration officer may request further information to determine whether an employer is complying with the requirements of immigration law.
3. New employers (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) may be considered to have a history of compliance if:
   1. they do not appear on the list of non-compliant employers maintained by MBIE; and
   2. there is no other information that indicates non-compliance by that employer or anyone associated with that employer who is able to influence the recruitment, employment or supervision of non-New Zealand citizen workers of that employer.
4. An employer may be considered to have a history of non-compliance if they, or anyone associated with the employer who is in a position to influence the recruitment, employment or supervision of non-New Zealand citizen workers of that employer, have been convicted of an offence under the Immigration Act 2009 that has not resulted in inclusion on a list of non-compliant employers maintained by MBIE (see Appendix 18).
5. A visa application will be declined if:
   1. it is supported by, or includes a job offer based on employment with, an employer who is included on a list of non-compliant employers; or
   2. an immigration officer is otherwise not satisfied the employer meets the requirements of R5.110.5.

Note:
Immigration offences which lead to inclusion on a list of non-compliant employers may still be considered when determining an employer’s compliance with immigration law, as required elsewhere in immigration instructions, even if the employer is no longer on the list.

Effective 11/04/2024