Non-compliance, stand-downs and permanent bans for accredited employers
There are penalties for Accredited Employer Work Visa (AEWV) employers who do not comply with employment or immigration laws.
Stand-down periods for breaching minimum employment standards
If you breach minimum employment standards, you may be subject to a stand-down period or permanently banned from supporting migrants on work visas.
The Labour Inspectorate maintains a list of employers who are subject to a stand-down for breaches of employment standards. We check this list when you apply for accreditation to hire migrants.
Labour inspectorate — Employment New Zealand
Employers who have breached minimum employment standards — Employment New Zealand
Stand-down periods for Immigration Act offences
There are some offences under the Immigration Act 2009 where the court imposes a fine, but no other penalty. If you are convicted of one of these offences, you will not be able to support new work visas for migrants for a period of time.
The offences leading to a stand-down period are:
- aiding and abetting someone to remain in New Zealand unlawfully or breach their visa
- resisting or obstructing an Immigration Officer
- publishing or knowingly providing false or misleading information
- allowing someone to work for you when they are not entitled to.
Immigration Act - Part 10 Offences, penalties, and proceedings — New Zealand Legislation
False, misleading or withheld information in visa applications
Your stand-down period is determined by the fines you are given in court.
| Fines | Stand-down periods from the time the penalty is imposed |
|---|---|
| Up to and including NZD$999.99 | 6 months |
| Between NZD$1,000 and NZD$9,999.99 | 12 months |
| Between NZD$10,000 and NZD$24,999.99 | 18 months |
| NZD$25,000 or more | 24 months |
Regaining accreditation after being stood-down
If you have been stood-down for breaching minimum employment standards or Immigration Act offences, and you want to regain accreditation, you must show you have:
- fixed the non-compliance issue
- taken steps to make sure it does not happen again.
A business with compliance failures cannot be closed and opened again under a new name to avoid those failures. We still take the compliance issues in the previous business into account.
Permanent bans for serious immigration offences
We permanently ban you from supporting work visas and sentenced to prison if you are convicted of any of the following Immigration Act offences:
- helping someone to remain in New Zealand unlawfully
- assisting someone to breach the conditions of their visa, or
- resisting or obstructing an immigration officer.
You will also be permanently banned from supporting work visas if you are convicted, regardless of the penalty, under the Immigration Act for offences including:
- helping someone to remain in New Zealand unlawfully or to breach their visa conditions for your material benefit
- falsifying documents, or
- knowingly providing false and misleading information.
Immigration Act - Part 10 Offences, penalties, and proceedings — New Zealand Legislation
You will also be permanently banned from supporting work visas if you are convicted, regardless of the penalty, under the Crimes Act for:
- exploiting migrants or illegal employees
- slavery
- smuggling or trafficking migrants.
Crimes Act - Sections 98 to 98D — New Zealand Legislation
After receiving a permanent ban for serious immigration offences
You cannot regain your AEWV accreditation.
Call us for help
Our employer line is open between 08:00 and 18:00, Monday to Friday.
Freephone from New Zealand landlines: 0508 967 569