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Immigration Act 2009

Offences, penalties, and proceedings - Infringement offences

359A: Employment infringement offence

You could also call this:

“Rules and fines for employers hiring workers from overseas”

If you are an employer, you need to follow certain rules about who you can employ and how you employ them. You must not let someone work for you if they are not allowed to work in New Zealand. You also must not employ someone in a way that goes against the conditions of their visa. If you are asked to provide information about your employees, you must do so within the time given.

If you break these rules, you might have to pay a fine. The amount you pay depends on whether you are an individual or a company, and how many employees are involved. If you are an individual, you might have to pay $1,000 for each employee, or up to twice that amount if a court decides. If you are a company, you might have to pay $3,000 for each employee, or up to twice that amount if a court decides.

If you don’t provide information about your employees when asked, you might have to pay a fine of $1,000, or up to $2,000 if a court decides.

These rules are part of the Immigration Act 2009 and are called ‘employment infringement offences’. They are designed to make sure employers follow the law when hiring people from other countries.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS934667.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Work and jobs > Worker rights
Business > Industry rules
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359: Interpretation, or

“Explaining important terms used in this part of the Immigration Act”

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360: Infringement offences, or

“Explanation of how minor offences are dealt with under immigration law”

Part 10 Offences, penalties, and proceedings
Infringement offences

359AEmployment infringement offence

  1. An employer must not—

  2. allow a person who is not entitled under this Act to work in the employer’s service to do that work:
    1. employ a person in a manner that is inconsistent with a work-related condition of that person’s visa:
      1. fail to comply with a requirement made under section 275A within the time period required by that section.

        1. A person who contravenes subsection (1)(a) or (b) commits an infringement offence and is liable to,—

        2. in the case of an employer who is an individual,—
          1. an infringement fee of $1,000 for each employee in respect of whom an employment infringement offence is being, or has been, committed; or
            1. a fine imposed by a court not exceeding double the amount of the total infringement fees payable:
            2. in the case of an employer that is a body corporate or another entity,—
              1. $3,000 for each employee in respect of whom an employment infringement offence is being, or was, committed; or
                1. a fine imposed by a court not exceeding double the total amount of the infringement fees payable.

                2. A person who contravenes subsection (1)(c) commits an infringement offence and is liable to—

                3. an infringement fee of $1,000; or
                  1. a fine imposed by a court not exceeding $2,000.

                    Notes
                    • Section 359A: inserted, on , by section 7 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).