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Immigration Act 2009

Amendments to Immigration Act 1987

477: New section 141ABA inserted

You could also call this:

“New rules for sharing work visa information with employers”

This new section of the law explains how the Department of Immigration can share information with employers about a person’s right to work in New Zealand. The main goal is to help employers check if someone is allowed to work for them.

If an employer in New Zealand asks, the head of the Department can tell them some information. But they will only do this if they’re sure the employer is really asking to check if someone can work for them.

The information the Department can share is simple. They can tell the employer if the person is allowed to work in New Zealand. If the person is allowed to work, they can also say how long they can work for and if there are any special rules they need to follow.

When the Department shares this information with an employer, they must remind the employer that they need to follow the Privacy Act 1993. This means the employer has to be careful with the information they receive.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2393705.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Work and jobs > Worker rights
Rights and equality > Privacy
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Part 13 Amendments to Immigration Act 1987

477New section 141ABA inserted

  1. The following section is inserted after section 141A:

    141ABADisclosure of information to employers

    1. The purpose of this section is to facilitate the disclosure of information by the Department to an employer to enable the employer to verify that a person is entitled under this Act to undertake employment in the employer’s service.

    2. On receipt of a request from an employer, the chief executive may, for the purpose of this section, disclose the information specified in subsection (4) to the employer.

    3. The chief executive must not disclose the information specified in subsection (4) unless satisfied that the request—

    4. has been made by an employer in New Zealand; and
      1. is for the purpose of enabling the employer to verify that a person is entitled under this Act to undertake employment in the employer’s service.

        1. The information that may be disclosed under this section is as follows:

        2. whether the person is entitled to undertake that employment in New Zealand:
          1. if the person is entitled to undertake that employment in New Zealand,—
            1. the duration of the entitlement; and
              1. any conditions imposed on that entitlement.

              2. Where the chief executive discloses information under this section to an employer, the employer must be informed of the requirement to comply with the Privacy Act 1993 in relation to that information.