Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
455: Offences
or “Breaking immigration laws by not following conditions or not providing required information”
You could also call this:

“Employers' responsibilities and legal protections when hiring non-New Zealand workers”

If you’re an employer, there are some rules you need to know about hiring people who might not be allowed to work in New Zealand. These rules are about what happened before a new law called section 404 started.

If you hired someone before this new law began, and you had a good reason for hiring them at the time (even if they weren’t allowed to work), you might not get in trouble. This is true even if the person isn’t allowed to work under the new rules.

However, you could still get in trouble if you keep employing this person after the new law started. But there’s an exception: you won’t be in trouble unless an immigration officer told you in writing in the last 12 months that the person isn’t allowed to work for you.

Remember, these rules are to help protect both employers and workers, and to make sure everyone follows New Zealand’s immigration laws.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 457: Evidence in proceedings

or “How immigration officers' certificates are used as evidence in immigration cases”
Next

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Offences, evidence, and classified information

456Offences by employers

  1. Subsection (2) applies if, before the commencement of section 404 of this Act,—

  2. an employer allowed a person to undertake employment in the employer’s service; and
    1. at the time that the person commenced employment in the employer’s service, the employer had a reasonable excuse under section 39(1B) of the former Act for allowing the person to undertake that employment; and
      1. the person is not entitled under this Act to undertake that employment.

        1. No employer to whom subsection (1) applies is liable for an offence against section 350(1) of this Act in respect of any period after the commencement of section 404 of this Act during which the employer continues to employ the employee, unless, at any time in the preceding 12 months, the employer has been informed in writing by an immigration officer (under either Act) that the employee is not entitled to undertake that employment.

        Notes
        • Section 456(2): amended, on , by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).