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Immigration Act 2009

Offences, penalties, and proceedings - Penalties

357: Penalties: employers

You could also call this:

“Employers face fines or imprisonment for hiring workers without proper permission”

If you break the law under section 350(1), you might have to pay a fine of up to $50,000.

If you break the law under section 351(1), you could go to jail for up to 7 years, pay a fine of up to $100,000, or both. This applies if you employ certain types of workers without the right permission. These workers are either temporary workers or unlawful employees, as defined in section 351(8).

There’s also a different punishment if you break the law under section 351(1) for other types of workers. In this case, you could go to jail for up to 5 years, pay a fine of up to $100,000, or both. This applies to different types of temporary workers or unlawful employees, also defined in section 351(8).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441166.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Work and jobs > Worker rights
Crime and justice > Criminal law
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“Punishments for craft carriers and operators who break immigration rules”

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“Fines for education providers who break immigration rules”

Part 10 Offences, penalties, and proceedings
Penalties

357Penalties: employers

  1. A person convicted of an offence against section 350(1) is liable to a fine not exceeding $50,000.

  2. Repealed

  3. A person convicted of an offence against section 351(1) is liable to imprisonment for a term not exceeding 7 years, a fine not exceeding $100,000, or both, if the offence relates to—

  4. a temporary worker within the meaning of paragraph (a) of the definition of temporary worker in section 351(8); or
    1. an unlawful employee within the meaning of paragraph (a) of the definition of unlawful employee in section 351(8).

      1. A person convicted of an offence against section 351(1) is liable to imprisonment for a term not exceeding 5 years, a fine not exceeding $100,000, or both, if the offence relates to—

      2. a temporary worker within the meaning of paragraph (b) of the definition of temporary worker in section 351(8); or
        1. an unlawful employee within the meaning of paragraph (b) of the definition of unlawful employee in section 351(8).

          Compare
          Notes
          • Section 357(1): amended, on , by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
          • Section 357(2): repealed, on , by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
          • Section 357(3): replaced, on , by section 88 of the Immigration Amendment Act 2015 (2015 No 48).
          • Section 357(4): inserted, on , by section 88 of the Immigration Amendment Act 2015 (2015 No 48).