New Zealand: Immigration Law Enforcement for Employers Strengthened

Effective April 11, 2024, Immigration New Zealand will be able to issue infringement notices to employers who do not comply with their obligations under immigration law (for example, hiring foreign nationals who are in breach of their visa conditions and/or unlawfully staying in New Zealand, or failing to comply with a 10-day information request, among others). Infringement penalties may include paying a minimum fine of NZD 1,000, losing Accredited Employer or Recognised Seasonal Employer status, and being “stood down”, which means the employer's accreditation will not be reinstated and they will not be able to support visa applications during the stand-down period. The stand-down periods are determined as follows: six-month stand-down for a single infringement notice; an extra six-month stand-down for each subsequent infringement notice; and a 12-month maximum stand-down for multiple notices issued at one time. At the end of the stand-down period, the employer must show that they have taken appropriate action(s) to adhere to immigration policies and ensure future compliance before their accreditation status can be reinstated to support further visa applications. The new tools are designed to make it easier to stop employers who have committed immigration offences from hiring migrant workers in the future.