Effective April 11, 2024, Immigration New Zealand (INZ) will be able to issue infringement notices to employers with the aim of addressing lower-level immigration non-compliance and deter those who take advantage of migrant workers.
- Infringements can be issued for employing people in breach of their visa conditions, employing a person unlawfully in New Zealand, or failing to comply with a 10-day information request.
- Infringement penalties can include: a minimum fine of NZD 1000, loss of Accredited Employer or Recognised Seasonal Employer status, and being banned (stood-down) from supporting further visas for migrant workers for a period of time depending on the number of infringement notices the employer receives.
- More serious breaches may result in criminal charges.
More Information About Penalties
Being stood-down means employers cannot get their accreditation back or support visa applications during the stand-down period.
- Stand-down periods include: 6-month stand-down for a single infringement notice, an extra 6-month stand-down for each subsequent infringement notice and a 12-month maximum stand-down for multiple notices issued at one time.
- Employers can hire migrants on open work visas while on the stand-down list.
- When the stand-down ends the employer must show they have rectified the matter and done what is needed to stop it happening again before they can get accredited again under the Accredited Employer Work Visa (AEWV).
- INZ will be publishing a stand down list on the Immigration website naming those employers who have been penalised and stood down.
Erickson Insights and Analysis
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.