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Immigration Act 2009

Miscellaneous provisions - Matters relating to chief executive

383A: Publication of names and information in respect of immigration offences

You could also call this:

“Sharing information about employers who break immigration laws”

The chief executive can share certain information about employers who have broken immigration laws. This is done to help achieve the goals of the Immigration Act.

If an employer is found guilty of breaking immigration laws or receives a fine for a less serious offence, the chief executive can publish some details about them. This information can include the employer’s name and their business name if they have one. It can also say what they did wrong and any restrictions placed on them because of it. The chief executive can also share how long these restrictions will last.

However, if an employer only received a fine (called an infringement notice), the chief executive must wait at least 28 days after the fine was given before sharing any information about it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS934719.

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Part 11 Miscellaneous provisions
Matters relating to chief executive

383APublication of names and information in respect of immigration offences

  1. The chief executive may, in order to promote the objects of this Act, publish the information specified in subsection (2) in relation to an employer who has been—

  2. convicted of an offence against this Act; or
    1. issued with an infringement notice in respect of an infringement offence against this Act.

      1. The information that may be published is the following:

      2. the name of the employer:
        1. the employer’s trading name (if any):
          1. the fact that the employer has been convicted of an offence against this Act, or issued with an infringement notice in respect of an offence against this Act (as applicable):
            1. a reference number for the conviction or infringement notice:
              1. a description of any restrictions imposed on the employer as a consequence of being convicted or being issued with the infringement notice:
                1. the period during which those restrictions apply.

                  1. However, despite subsections (1) and (2), information that relates to an employer having been issued with an infringement notice may not be published under this section until at least 28 days after the date on which the infringement notice was issued.

                  Notes
                  • Section 383A: inserted, on , by section 10 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).