• Insights

Understanding Compliance Matters for New Zealand

June 15, 2015

Marco Deutsch

Country / Territory

  • New ZealandNew Zealand

Related offices

  • Immigration Services in Auckland | Fragomen

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Immigration Services in Auckland | Fragomen

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Immigration Services in Auckland | Fragomen

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Zeenat Afiz

New Zealand immigration continues to face a number of compliance issues that share a common thread. Immigration advice provided by unlicensed individuals, ambiguity surrounding business visitor visas and permissible activities on such visas, and compliance with conditions attached to visas issued by Immigration New Zealand (INZ) are all areas of confusion for travellers and businesses alike.
 
Unlicensed immigration advice
 
The rules regarding the provision of immigration advice are clear. The regulatory body for New Zealand licensing, the Immigration Advisers Authority (the Authority), requires an individual to be licensed or to hold a current New Zealand lawyer’s practising certificate from the Law Society, unless they are exempt from doing so, in order to provide tailored immigration advice and submit applications (direct or indirect to Immigration New Zealand) representing applicants. These requirements apply to all advise­­rs, not just to those based in New Zealand, and include in-house human resources personnel, travel desks or other third parties assisting in immigration.
 
The challenge lies in defining exactly what constitutes immigration advice. Section 7 of the Immigration Advisers Licensing Act 2007 is considered a grey area in this regard. For example, it states that clerical work is permitted, which only confuses matters.
 
In essence, while anyone can relay publicly available information regarding immigration, tailoring advice specific to a person’s immigration needs constitutes immigration advice and may only be undertaken by a licensed immigration adviser or those listed as exempt under the legislation.
 
While the Authority is operationally separate from INZ, it nevertheless collaborates with INZ and collects information and data in order to establish trends for unlicensed activity by individuals and firms, whether in New Zealand or elsewhere. There is a range of penalties for such defined offences for both those who provide advice without a licence and those who use unlicensed advisers for matters regarding New Zealand immigration.
 
For easy reference, the Authority has a publicly available online register of licensed New Zealand immigration advisers worldwide.
 
Business visitors
 
Business visas are another grey area which continually cause confusion amongst employers and travellers, and which has resulted in a number of serious repercussions. In some instances, travellers have not been permitted to board flights bound for New Zealand or have been turned around by New Zealand authorities on arrival at the border for not holding an appropriate work visa.
 
While business visitors from countries under the New Zealand visa waiver arrangement may travel to and enter the country by simply presenting their passport on arrival, travellers without this privilege are required to be in possession of a business visitor visa prior to travel. It should be borne in mind that, in either case, travellers are not allowed to undertake any work during their stay in New Zealand.
 
If any manner of work is intended while in New Zealand, the duration of the stay is irrelevant and a work visa must be sought prior to arrival. If there is uncertainty around the purpose of travel or if some work may be involved during the traveller’s stay, it is best to err on the side of caution and obtain a work visa prior to travel.
 
INZ Instructions for business visitors who are not undertaking employment during their time in New Zealand provides:
 
“Business visitors who are not considered to be undertaking employment (our emphasis added) may be granted a visitor visa, provided that they intend a stay in New Zealand for no longer than 3 months in any one year.
 
Business visitors who are not considered to be undertaking employment include the following:
 
  • representatives on official trade missions recognised by the New Zealand Government;
  • sales representatives of overseas companies in New Zealand for a period or periods no longer than a total of 3 months in any calendar year;
  • overseas buyers of New Zealand goods or services for a period or periods no longer than a total of 3 months in any calendar year;
  • people undertaking business consultations or negotiations in New Zealand on establishing, expanding, or winding up any business enterprise in New Zealand, or carrying on any business in New Zealand, involving the authorised representatives of any overseas company, body or person for a period or periods no longer than a total of 3 months in any calendar year.
 
Business visitors who need to be in New Zealand for longer than 3 months in any one year, and all other business visitors, must apply for a work visa.”
 
Visa conditions
 
It is imperative that once a visa has been issued by INZ, all conditions attached to the visa are complied with. The three primary conditions normally endorsed on a work visa label are:
 
  • the title of the role being undertaken in New Zealand;
  • the name of the employer; and
  • the location of the role.
 
A change to any of the above during the course of the visa requires the approval of a formal variation of conditions application to INZ prior to the visa holder undertaking the change. Without INZ’s prior approval, it would be a breach of the visa conditions, which could attract penalties both for the visa holder and their employer.
 
To avoid disruption and to limit potential negative impact on the employer, it is best that the specifics of the role be determined at the outset, before an application is lodged with INZ.
 
 
Licensed Immigration Adviser No. 201200784

Country / Territory

  • New ZealandNew Zealand

Related offices

  • Immigration Services in Auckland | Fragomen

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Immigration Services in Auckland | Fragomen

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Immigration Services in Auckland | Fragomen

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Proposed $103,265 H-1B Fee: Fragomen Attorneys Examine the Potential Impact

Partners Bo Cooper and K. Edward Raleigh and Senior Counsel Mitchell Wexler discuss the potential impact of a proposed $103,265 fee for cap-subject H-1B petitions on employers and foreign talent.

Learn more
Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for our Leadership Lifecycle initiative.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Media mentions

Proposed $103,265 H-1B Fee: Fragomen Attorneys Examine the Potential Impact

Partners Bo Cooper and K. Edward Raleigh and Senior Counsel Mitchell Wexler discuss the potential impact of a proposed $103,265 fee for cap-subject H-1B petitions on employers and foreign talent.

Learn more
Generic Insights

Blog post

2026 Immigration Regulatory Changes: What Academic Medical Centers Need to Know

In this blog, Counsel Christopher Wendt examines four developments AMCs should have on their radar and why preparing for them may require coordination across immigration, GME, research administration, HR, benefits, finance and more.

Learn more

Blog post

Five Questions to Consider Before Seeking Residence or Citizenship in Europe

Senior Manager Andreia Florina Ghimis and Manager Pierangelo D’Errico outline five key questions to ask before seeking residency in Europe.

Learn more

Awards

Fragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development

Fragomen received a Brandon Hall Group™ Gold HCM Excellence Award® in the Best Leadership Development Program category for our Leadership Lifecycle initiative.

Learn more

Media mentions

People Management: Unpacking the New Overseas Talent ‘Concierge’ Service

Partner Charlotte Wills and Senior Manager Harry Goldstraw discuss the UK’s new overseas talent “concierge” service and what it means for high-growth businesses recruiting international talent.

Learn more

Blog post

A1-Bescheinigung oder Certificate of Coverage (CoC): Welches Dokument wird wann benötigt?

In this blog, Senior Manager Katharina Vorländer explains when A1 certificates and Certificates of Coverage (CoCs) may be required, the key differences between the two documents and what employers should consider before managing international assignments.

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
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
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • 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

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

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
ContactCareersMediaClient Portal
Important Updates
Important Updates
August 24, 2026 | United KingdomPeople Management: Unpacking the New Overseas Talent ‘Concierge’ Service
August 25, 2026 | United StatesProposed $103,265 H-1B Fee: Fragomen Attorneys Examine the Potential Impact
August 25, 2026 | United StatesUnited States: DHS to Propose H-1B Program Changes
August 24, 2026 | United StatesFragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development
August 24, 2026 | NamibiaNamibia: New Investor and Business Owner Permit Introduced
August 24, 2026 | United KingdomPeople Management: Unpacking the New Overseas Talent ‘Concierge’ Service
August 25, 2026 | United StatesProposed $103,265 H-1B Fee: Fragomen Attorneys Examine the Potential Impact
August 25, 2026 | United StatesUnited States: DHS to Propose H-1B Program Changes
August 24, 2026 | United StatesFragomen Receives Brandon Hall Group™ Gold HCM Excellence Award® for Leadership Development
August 24, 2026 | NamibiaNamibia: New Investor and Business Owner Permit Introduced
August 24, 2026 | United KingdomPeople Management: Unpacking the New Overseas Talent ‘Concierge’ Service
Subscribe

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
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

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

© 2026 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.