SM6.35 Requirements for employers

1. All employers (including any person associated with the employer who is able to influence the recruitment, employment or supervision of workers of that employer) wishing to employ non-New Zealand citizens or residents must comply with all relevant employment and immigration law in force in New Zealand. Compliance with relevant New Zealand employment and immigration law includes, but is not limited to:
   1. paying employees no less than the appropriate minimum wage rate or other contracted industry standard; and
   2. meeting holiday and special leave requirements or other minimum statutory criteria, e.g. occupational safety and health obligations; and
   3. only allowing people to work in their service who can lawfully work in New Zealand, and in compliance with their visa conditions.
2. To qualify for points, skilled employment must be with an employer that has good workplace practices, including a history of compliance with all immigration and employment laws such as the Immigration Act 2009, the Accident Compensation Act 2001, the Minimum Wage Act 1983, the Health and Safety at Work Act 2015, the Employment Relations Act 2000; the Wages Protection Act 1983, the Parental Leave and Employment Protection Act 1987, the Equal Pay Act 1972 and the Holidays Act 2003.
3. An employer is considered to not have a history of compliance with employment and immigration law if it fails to meet the requirements set out at R5.110 or if it is included on a list of non-compliant employers maintained by the Ministry of Business, Innovation and Employment (see Appendix 10 and Appendix 18).
4. Current employment or an offer of employment does not qualify for points if it is not compliant with all relevant immigration and employment laws in force in New Zealand or if INZ considers that the employment of the applicant creates unacceptable risks to the integrity of New Zealand's immigration or employment laws, policies or instructions.
5. To determine whether an offer of employment creates an unacceptable risk to the integrity of New Zealand’s immigration and employment laws, policies or instructions an immigration officer may consider whether the remuneration offered for the position is comparable to the market rate for New Zealand workers in the same occupation.
6. Breaches of employment standards or immigration law which lead to inclusion on a list of non-compliant employers may still be considered when determining if an employer has a history of compliance with employment or immigration law, even if the employer is no longer on the list.
7. 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 not have been convicted at any time of an offence under the following sections of the Crimes Act 1961:
   1. Section 98 (Dealing in slaves)
   2. Section 98C (Smuggling migrants)
   3. Section 98D (Trafficking in persons).

Effective 11/04/2024