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Immigration Act 2009

Offences, penalties, and proceedings - Offences

351A: Exploitation of victims by charging premium for employment

You could also call this:

"It's against the law to charge someone extra to give them a job in New Zealand."

Illustration for Immigration Act 2009

If you are an employment-related person, you commit an offence if you knowingly seek or receive a premium for employing or potentially employing a victim in New Zealand. You can do this in or outside New Zealand. This applies before and after the victim starts work in New Zealand. If you are a New Zealand-based employer, agent, or recruiter, you are an employment-related person. You are also an employment-related person if you deal with a victim in the context of their employment in New Zealand. A victim is someone who is domiciled in New Zealand or is overseas-based and is an unlawful worker, a temporary entry class visa holder, a potential temporary entry class visa holder, or a potential residence class visa holder. A premium is not allowed under this section, but it does not apply to conduct that is already an offence under section 351(1)(a)(iii). You are New Zealand-based if you are a New Zealand citizen or domiciled in New Zealand. You are overseas-based if you are not New Zealand-based. A potential residence class visa holder is someone who seeks to hold a residence class visa, obtain employment in New Zealand, and needs to be employed in New Zealand to be granted a residence class visa under section 22. A potential temporary entry class visa holder is someone who seeks to hold a temporary entry class visa and obtain employment in New Zealand. A temporary entry class visa holder is someone who holds a temporary entry class visa. An unlawful worker is someone who undertakes or seeks to undertake work they are not entitled to do under this Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1561374.

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Topics:
Work and jobs > Worker rightsImmigration and citizenship > VisasCrime and justice > Criminal law
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351: Exploitation of unlawful employees and temporary workers, or

"Unfair treatment of workers without proper work rights in New Zealand"

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Part 10Offences, penalties, and proceedings
Offences

351AExploitation of victims by charging premium for employment

  1. Every employment-related person commits an offence against this Act who, whether in or outside New Zealand, knowingly seeks or receives any premium in respect of the employment or potential employment in New Zealand of a victim.

  2. Subsection (1) applies—

  3. before and after the victim commences work in New Zealand; and
    1. whether or not the victim commences work in New Zealand.

      1. Subsection (1) does not apply to conduct that is an offence under section 351(1)(a)(iii).

      2. In this section, a person is a victim if they are domiciled in New Zealand or are overseas-based, and are one of the following:

      3. an unlawful worker:
        1. a temporary entry class visa holder:
          1. a potential temporary entry class visa holder:
            1. a potential residence class visa holder.

              1. In this section,—

                employment-related person means—

                1. a New Zealand-based employer or potential employer of a victim:
                  1. a New Zealand-based agent of an employer or potential employer of a victim:
                    1. a New Zealand-based person involved in the recruitment of a victim for employment or potential employment in New Zealand:
                      1. a New Zealand-based person who has dealt with a victim in the context of the victim’s employment or potential employment in New Zealand

                        New Zealand-based means a person who is—

                        1. a New Zealand citizen; or
                          1. domiciled in New Zealand (whether or not they hold a visa)

                            overseas-based means a person who is not New Zealand-based

                              potential residence class visa holder means a person who—

                              1. seeks to hold a residence class visa; and
                                1. seeks to obtain employment in New Zealand; and
                                  1. is required to be employed in New Zealand in order to be granted a residence class visa in accordance with immigration instructions certified under section 22

                                    potential temporary entry class visa holder means a person who seeks—

                                    1. to hold a temporary entry class visa; and
                                      1. to obtain employment in New Zealand

                                        temporary entry class visa holder means a person who holds a temporary entry class visa

                                          unlawful worker means a person who undertakes, or seeks to undertake, work that the person is not entitled, under this Act, to undertake.

                                          Notes
                                          • Section 351A: inserted, on , by section 57 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).