Important Updates
Important Updates
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
July 8, 2025 | CanadaCanada: IRCC Clarifies New Language and Study Requirements and Other Eligibility Criteria for Post-Graduation Work Permits
July 8, 2025 | United KingdomFragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards
July 8, 2025 | United KingdomLeading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy
July 8, 2025 | United StatesPartners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
July 8, 2025 | CanadaCanada: IRCC Clarifies New Language and Study Requirements and Other Eligibility Criteria for Post-Graduation Work Permits
July 8, 2025 | United KingdomFragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards
July 8, 2025 | United KingdomLeading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy
July 8, 2025 | United StatesPartners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law
July 8, 2025 | PortugalPortugal: Automatic Residence Permit Extension
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese ImmigrationAustralian Immigration: New Skills in Demand Visa
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • Vietnamese Immigration
  • Australian Immigration: New Skills in Demand Visa

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMedia
  • Insights

Employment Law Breaches Can Now Result in Foreign National Hiring Bars

March 1, 2017

insight-news-default

Country / Territory

  • New ZealandNew Zealand

Related offices

  • Auckland

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Auckland

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Auckland

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

New Zealand

Employers that incur penalties for severe breaches of employment laws on or after April 1, 2017 may face bars from recruiting foreign nationals for six months to two years. This measure applies to employers supporting work visa applications and approvals; those seeking accredited employer status or supporting residence class visa applications based on employment; and those who are part of the Recognised Seasonal Employer scheme.

Penalties and Bars

The Ministry of Business, Innovation and Employment (MBIE) will apply bars for major breaches that involve formal infringement notices and higher penalties, e.g., formal Labour Inspectorate infringement notices, Employment Relations Authorities or Employment Court penalties (including those resulting from private actions taken by employees) and Employment Court banning orders. The bar will be proportionate to the severity of the breach and the imposed penalty, as follows:

  • Six-month bar will apply for a penalty up to and including NZD 1,000;
  • 12-month bar will apply for penalties over NZD 1,000 but less than NZD 20,000;
  • 18-month bar will apply for penalties of NZD 20,000 and over but less than NZD 50,000; and
  • 24-month bar will apply for penalties of NZD 50,000 and above.

Implementation

The Labour Inspectorate will maintain a list of noncompliant employers, and INZ will use this list to prevent them from recruiting foreign nationals during the bar.

Immigration New Zealand (INZ) will place employers that incur penalties before April 1, 2017 on a list of noncompliant employers, and visa applications for their employees will be judged against immigration laws that require compliance with employment laws. The exact rules for employers that incur penalties before April 1, 2017 will be developed in future regulations.

What This Means for Employers and Foreign Nationals

The MBIE will be informing employers that are likely to face a bar. Employers who are informed of a bar should contact their immigration professional to discuss the next steps.

Foreign nationals working for employers found noncompliant during their employment will be allowed to work for the duration of their existing work visa, but will not be granted an additional work visa for the noncompliant employer.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Country / Territory

  • New ZealandNew Zealand

Related offices

  • Auckland

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Auckland

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Auckland

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Blog post

2025 APAC and Europe Immigration Trends: Shared Goals, Diverging Tools

This blog highlights the most significant immigration trends across both Europe and Asia Pacific (APAC) in 2025.

Learn more

Video

Canada Express Entry Explained: Who’s Eligible and How to Apply

In this video, Partner Jack Kim explains how Canada’s Express Entry system works.

Learn more

Awards

Fragomen, Julia Onslow-Cole Shortlisted for FT Innovative Lawyers Europe 2025 Awards

Fragomen and Partner Julia Onslow-Cole are shortlisted for the FT Innovative Lawyers Europe 2025 Awards.

Learn more

Media mentions

Leading Britain's Conversation: UK Businesses Urged to Act Fast as Immigration Reforms Clash With Industrial Strategy

Associate Aisha Shahid highlights how upcoming UK immigration reforms may impact key sectors and urges businesses to prepare.

Learn more

Awards

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger Named to San Diego Business Journal’s 2025 Women of Influence in Law

Partners Nadine Bahnan, Ruth Spillane and Karine Wenger are named to San Diego Business Journal’s 2025 Women of Influence in Law list.

Learn more

Blog post

Private Client Options in APAC: Bespoke Services and Residency Planning

Business Immigration Manager Yvonne Lee and Assistant Business Immigration Manager Shirley Kock discuss bespoke services and residency planning options for private clients in the Asia-Pacific region.

Learn more

Media mentions

Público: Os cuidados que pessoas LGBTQIA+ devem ter quando decidirem emigrar

Brazil Managing Partner Diana Quintas highlights the importance of understanding local laws and protections when LGBTQIA+ individuals consider emigrating.

Learn more

Media mentions

The PIE: Trump Eyes Time Limits on US Student Visas

Partner Aaron Blumberg explains how proposed student visa limits could create challenges and add administrative burdens for international students.

Learn more

Podcast

David Kipp über Migration von Indien nach Deutschland

David Kipp von der Stiftung Wissenschaft und Politik im Gespräch mit Marius Tollenaere, Partner im Frankfurter Büro von Fragomen.

Learn more

Blog post

EB-5: What You Should Know—And Why It Might Be Worth It

Partner Dan Schwarz and Senior Associate Mikhail (Mike) Izrailev provide an overview of the EB-5 visa program, highlighting its benefits and key considerations for potential investors.

Learn more

Media mentions

Startup Valley Magazin: Workation: Wettbewerbsvorteil oder rechtliches Minenfeld?

Senior Manager Katharina Vorländer discusses workations as a way to support talent retention, noting the legal, tax and immigration considerations involved.

Learn more

Blog post

The 11th Seat: Timor-Leste's ASEAN Debut and the Shifting Map of Regional Mobility

Business Immigration Consultant Ryaihanny Sahrom discusses Timor-Leste's ASEAN debut and its impact on regional mobility.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.