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Immigration Act 2009

Offences, penalties, and proceedings - Infringement offences

365B: How infringement notice may be served: employers

You could also call this:

“How employers can receive immigration infringement notices”

This section explains how you can be given a notice if you’re an employer who might have broken immigration rules. These notices can be about breaking the rules, reminding you about them, or cancelling a previous notice.

An immigration officer can give you the notice in different ways. They can hand it to you directly or make sure you know about it if you don’t want to take it. They can also leave it at your home with someone who looks at least 14 years old, or at your work with another person. If they can’t give it to you in person, they can send it by mail to your home or work. If you don’t have a home or work address in New Zealand, they can send it to your email or another electronic address.

When the notice is sent by mail, it’s usually considered delivered five working days after it was posted, unless you can prove otherwise. If it’s sent electronically, it’s considered delivered as soon as it reaches an information system that the Immigration Department doesn’t control.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS934715.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Business > Industry rules
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Part 10 Offences, penalties, and proceedings
Infringement offences

365BHow infringement notice may be served: employers

  1. This section applies to infringement notices, reminder notices, and revocation notices relating to employment infringement offences.

  2. A notice may be served on a person who the immigration officer believes is committing or has committed an infringement offence by—

  3. delivering it to the person or, if the person refuses to accept it, bringing it to the person’s notice; or
    1. leaving it for the person at the person’s last known place of residence with another person who appears to be of or over the age of 14 years; or
      1. leaving it for the person at the person’s place of business or work with another person; or
        1. sending it to the person by prepaid post addressed to the person’s last known place of residence or place of business or work; or
          1. sending it to an electronic address of the person in any case where the person does not have a known place of residence or business in New Zealand.

            1. Unless the contrary is shown,—

            2. a notice (or a copy of it) sent by prepaid post to a person under subsection (2)(d) is to be treated as having been served on that person on the fifth working day after the date on which it was posted; and
              1. a notice sent to a valid electronic address is to be treated as having been served at the time the electronic communication first entered an information system that is outside the control of the Department.

                Notes
                • Section 365B: inserted, on , by section 9 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).