New measure seeks to stop lower-level immigration non-compliance in New Zealand
Immigration New Zealand (INZ) will start issuing infringement notices on April 11 in its latest move to crack down on non-compliant employers.
Stephanie Greathead, National Manager Immigration Compliance, said this will make it easier to stop employers who have committed immigration offences from accessing migrant workers in the future.
"It also ensures we have strong systems in place to enforce employment and immigration standards, which will help create a fair and level playing field for all employers in New Zealand," she said in a statement.
Infringement notices will be handed to employers who will be found:
- Employing people in breach of their visa conditions
- Employing a person unlawfully in New Zealand
- Failing to comply with a 10-day information request
"Non-compliance with these three requirements now has immediate consequences," Greathead said.
Penalties for infringement notices involving migrant workers
Those issued with infringement notices will incur the following penalties:
- A minimum fine of $1,000
- Loss of accredited employer or Recognised Seasonal Employer Status
- Being banned or stood down from supporting further visas for migrant workers
INZ said being stood down means employers won't be able to get their accreditation back or support visa applications.
This could last for six months for a single infringement notice, with an extra six-month stand-down for each subsequent infringement notice.
A 12-month maximum stand-down period await employers who are issued multiple infringement notices at once, while those with more serious breaches may result in criminal charges, according to INZ.
While on the stand-down list, employers may be allowed to hire migrants on openwork visas.
To get accredited again under the Accredited Employer Work Visa, employers must show they have rectified their previous offence and show that they have taken measures to prevent it from happening again.
Stand-down list to be published
Greathead said INZ will publish a stand-down list on its website, where penalised employers will be named.
"This adds a layer of transparency," she said.
According to INZ, its new authority will help address lower-level immigration non-compliance and discourage employers from exploiting migrant workers.
"In the past the only real significant deterrent option available to Immigration was prosecuting employers through the criminal court system," Greathead said. "While that is still something we will continue to do, being able to issue employers with infringement penalties allows us to take immediate action against employers who aren't complying."
