Immigration NZ Bring Tougher Penalty for Accredited Employers

Right, let’s talk about Immigration New Zealand's latest news, a scheme to crack down on employers who think they can get away with flouting immigration rules. In April 2024, INZ rolled out a new enforcement tool aimed at issuing fines for minor immigration breaches, targeting employers who exploit migrant workers.

This is part of the Worker Protection (Migrant and Other Employees) Act, designed to beef up enforcement and shield migrant workers from exploitation. It’s a proactive step, no doubt about it, but will it make a real difference or just add another layer of red tape for employers?

Here’s how it works: MBIE Immigration can now issue infringement notices to both accredited and non-accredited employers. The offences include letting someone who isn’t legally allowed to work in New Zealand do just that, not employing a person in line with their visa conditions, and failing to provide documents requested by an immigration officer within 10 working days. Penalties range from a minimum fine of $1,000 for individuals to $3,000 for companies, losing accredited employer status, and being barred from supporting visa applications for a period depending on the number of infringement notices received.

A stand-down list will name and shame penalised employers, who won’t be able to hire new migrant workers until they’ve shown they've fixed their ways. While on this list, employers can still hire migrants on open work visas or those holding an Accredited Employer Work Visa (AEWV). When the stand-down period ends, the employer must prove they’ve sorted out the issues before reapplying for accreditation.

There’s a bit of bureaucracy involved. Employers have the right to dispute infringement notices or request an internal review, which might delay justice but gives them a fair shot to contest what they see as unjust penalties.

Transparency is the aim here, with penalised employers published on the INZ website for all to see. It’s about showing the public that the system works and that there are consequences for breaking the rules.

But here’s the rub – will these measures be enough to stop employers from exploiting migrant workers? Or will some just find cleverer ways to dodge the system? It’s a step in the right direction, but whether it’s enough to truly protect migrant workers and ensure compliance remains to be seen. We need to keep an eye on how this plays out and whether it delivers the fairness and protection it promises.

And that's the immigration news for today. Follow and subscribe for more immigration content like this. Ka Kite Ano.