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WK3.10 Determining the availability of New Zealand citizens or residents

  1. New Zealand citizens or residence class visa holder workers are considered to be 'available' if, as a result of a labour market test (see WK3.10.1), an immigration officer establishes that there are:
    1. suitable New Zealand citizens or residence class visa holder workers who can take up the work on offer (see WK3.10.10); or
    2. suitable New Zealand citizens or residence class visa holder workers who can readily be trained to do the work on offer (see WK3.10.15).
  2. Immigration officers will accept that no suitably qualified New Zealand citizens or residence class visa holders are available where an occupation is included on the current Long Term Skill Shortage List, Regional Skill Shortage List or Construction and Infrastructure Skill Shortage List and the applicant’s qualification and/or work experience meets the requirements on the list.
  3. It is not relevant to the determination of availability of New Zealand citizens or residence class visa holder workers whether those New Zealand citizen or residence class visa holder workers are prepared to do the work on the terms and conditions proposed by the employer.

Note

:

The Essential Skills in Demand Lists are published on the immigration website at http://skillshortages.immigration.govt.nz/.

WK3.10.1 Labour market tests

  1. When conducting a labour market test an immigration officer must be satisfied that:
    1. the employer has made a genuine attempt to attract and recruit suitable New Zealand citizens or residence class visa holder workers (see WK3.10.5); and
    2. New Zealand citizens or residence class visa holder workers are not available (WK3.10).
  2. Matters an immigration officer may take into account when determining whether or not a labour market test is satisfied include but are not limited to:
    1. the employer's case in support of an individual worker's application; and
    2. evidence of a genuine attempt (see WK3.10.5) on the part of the employer to recruit New Zealand workers by way of advertising and/or use of other appropriate avenues of recruitment likely to attract New Zealand workers; and
    3. advice from Work and Income about the availability of New Zealand citizens or residence class visa holder workers to do the work offered; and
    4. advice from relevant stakeholders within the particular industry, including unions.
  3. In any particular case an immigration officer may decide to:
    1. determine the labour market test is satisfied by one or more of the above; or
    2. determine that the labour market test is not satisfied by one or more of the above; or
    3. make other inquiries.
  4. Despite (c) above, but subject to (e) below, when determining whether there are New Zealand citizen or residence class visa holder workers available to undertake work in an ANZSCO Skill Level 4 or 5 occupation, immigration officers must consider advice from Work and Income about the availability of New Zealand citizens or residence class visa holder workers to do the work offered.
  5. The requirement in (d) above does not apply:
    1. for any period of time where Work and Income has advised INZ of a regional absolute labour shortage for a specified occupation or industry, and the work offered is both for that occupation or industry, and in the region specified; or
    2. where the role is included in a list of occupations published by Work and Income that are exempt from the Skills Match Report process, and meets any additional requirements of that list (e.g. region of employment).

WK3.10.5 Definition of 'genuine attempts'

  1. For the purpose of these instructions an employer is considered to have made genuine attempts to recruit suitable New Zealand citizens or residence class visa holder workers if:
    1. any specifications or requirements stipulated in a job description and/or ideal person specification are restricted to those specifications or requirements necessary to perform the work on offer; and
    2. the terms and conditions specified for the work on offer are not less than those of the New Zealand market, including payment at the New Zealand market rate; and
    3. the extent and nature of advertising or use of other appropriate means of recruitment is such that any suitable New Zealand workers would apply or be likely to apply for the position(s), for example:
      • listing the vacancy with Work and Income;
      • advertising the vacancy in a national newspaper and/or website;
      • contracting a recruitment company appropriate to the industry.
  2. For the purposes of these instructions an employer is not considered to have made genuine attempts to recruit suitable New Zealand citizens or residence class visa holders if:
    1. the employer has advertised the work in such a way that no New Zealand citizen or residence class visa holder will or is likely to apply (e.g. making foreign language skills a requirement when it is not necessary for the performance of the work); or
    2. an employer has advertised the work at terms and conditions that are less than terms and conditions New Zealand citizens or residence class visa holders typically receive for equivalent work; or
    3. a Skills Match Report is required by WK2.1(d) and an immigration officer is satisfied the employer has not considered available New Zealand citizens or residence class visa holders referred by Work and Income.

WK3.10.10 Definition of ‘suitable New Zealand citizens or residence class visa holder workers who can take up the work on offer’

For the purpose of these instructions a ‘suitable New Zealand citizen or residence class visa holder worker who can take up the work on offer’ is a New Zealand citizen or residence class visa holder worker who:

  1. has the relevant recognised qualification which is at, or above, the qualification that corresponds to the indicative skill level described for that occupation in the ANZSCO or has the relevant recognised work experience that the ANZSCO indicates may substitute the required qualification; and
  2. has qualifications, work experience or skills identified by the employer as being necessary to perform the role, but which are not listed in the indicative skill level described for that occupation in the ANZSCO, that are determined by an immigration officer to be reasonable; and
  3. has other competencies identified by the employer as necessary for the performance of the work that are determined by an immigration officer to be reasonable including (but not limited to):
    1. having a driver licence or ability to get one, or
    2. being fit enough to do the work or not have any medical or other reasons why they cannot perform the work, especially for physical work, or
    3. being able to pass health, drug and criminal checks if required; and
  4. is located in the local region, or is willing and able to move to that region; and
  5. can practically make it to the workplace by having a suitable mode of transport; and
  6. is available for work at the hours required by the employer, noting that the position must be for full-time employment (see W2.2.10).

Notes

:


- Local region is defined based on the regions used by Work and Income.
- At ANZSCO skill level 5, work experience and qualifications are not relevant.
- Where other prerequisites are needed to perform the role an employer must explain why and demonstrate that the remuneration offered reflects those requirements.

WK3.10.15 Definition of ‘suitable New Zealand citizens or residence class visa holder workers who can readily be trained to do the work on offer’

For the purpose of these instructions a ’suitable New Zealand citizen or residence class visa holder worker who can readily be trained to do the work on offer’ is a New Zealand citizen or residence class visa holder worker who:

  1. with on the job training could do the work on offer, despite not having:
    1. the relevant recognised qualification which is at, or above, the qualification that corresponds to the indicative skill level described for that occupation in the ANZSCO or the relevant recognised work experience that the ANZSCO indicates may substitute the required qualification; and
    2. the qualifications, work experience or skills identified by the employer as being necessary to perform the role, but which are not listed in the indicative skill level described for that occupation in the ANZSCO, that are determined by Immigration New Zealand to be reasonable; and
  2. has other competencies identified by the employer as necessary for the performance of the work that are determined by an immigration officer to be reasonable including (but not limited to):
    1. having a driver licence or ability to get one, or
    2. being fit enough to do the work or not have any medical or other reasons why they cannot perform the work, especially for physical work, or
    3. being able to pass health, drug and criminal checks if required; and
  3. is located in the local region, or is willing and able to move to that region; and
  4. can practically make it to the workplace by having a suitable mode of transport; and
  5. is available for work at the hours required by the employer, noting that the position must be for full-time employment (see W2.2.10).

Notes

:


- Local region is defined based on the regions used by Work and Income.
- All positions at ANZSCO skill level 5 are positions which New Zealand citizens and residence class visa holder workers are considered able to ‘readily be trained to do the work on offer’


 Effective 27/05/2019

PREVIOUS IMMIGRATION INSTRUCTIONS

WK3.10 Determining the availability of New Zealand citizens or residents (17/12/2018)

WK3.10 Determining the availability of New Zealand citizens or residents (28/08/2017)

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