The Government recently reinstated the ability for employers to make specified pay deductions from an employee who is a party to a partial strike. We explore how this has been applied by the Employment Court in two recent decisions. Employment Relations (Pay Deductions for Partial ...

The holiday season is here, time for BBQs, beach days, and a few celebratory drinks. But while we’re all winding down, it’s worth remembering that workplace expectations don’t take a holiday and showing up fit to work is non-negotiable. The festive season is a great ...

For how long now I cannot exactly remember, but there is just one thing I have needed and wanted for Christmas and that is a new Holidays Act! Successive and numerous Governments have tried (and failed) to amend the Holidays legislation, which everyone agrees is ...

A recent full bench decision of the Employment Court clarifies the boundaries of lawful wage deductions, setting out when employers can, and cannot, deduct from an employee's pay if it results in take-home earnings falling below the minimum wage. The facts The plaintiffs were employed ...

The recent Supreme Court decision regarding Uber drivers is not surprising when all the facts are considered.  However, how the scheme actually operates will come as a surprise to many. While unsurprising, the decision is likely to have significant ramifications.  The Parliament Education and Workforce ...

The Employment Relations Authority has awarded over $500,000 to a former employee whose redundancy was considered to be "retaliatory" following a protected disclosure complaint. Background In 2024, the Employment Relations Authority in Bowen v Bank of New Zealand concluded Ms Bowen had been unjustifiably dismissed ...

Update On 27 January 2025 Immigration New Zealand relaxed visitor visa conditions, allowing visitors to New Zealand to carry out some remote work while in the country. Prior to this, there were strict limitations on undertaking productive work on a visitor visa. Detail This change ...

On 17 December 2024 the government announced significant changes to the Accredited Employer Work Visa (AEWV) scheme, Interim Visas and Recognised Seasonal Work pathways. These changes will be implemented throughout 2025. Key dates and changes From 27 January 2025: Accredited and Recognised Seasonal Employers will ...

Background Currently, most partners of Accredited Employer Work Visa (AEWV) holders are granted conditional work visas, allowing work at median wage or higher for an accredited employer only. Exceptions are in place for partners of AEWV holders working in Green List roles, or earning at ...

Immigration New Zealand (INZ) has updated the rules for varying visas after a business sale or restructure. Current rules When a business is sold or restructured, Accredited Employer Work Visa (AEWV) holders cannot keep working if their employer changes as a result of that process. ...

Background This alert sets out further changes to the Accredited Employer Work Visa (AEWV) scheme for individuals wanting to bring family to New Zealand. Update From 26 June 2024, AEWV applicants with a role at ANZSCO Level 4 or 5 cannot support visas for their ...

Update On 7 April 2024 the government introduced a number of significant changes to the AEWV scheme. This alert includes answers to FAQs received since the announcement.   FAQs Is the AEWV median wage threshold still $29.96 hourly? Yes, for AEWV only. It has been ...

Immigration New Zealand (INZ) has introduced an employer infringement scheme to address low-level compliance issues. Background From 11 April 2024, INZ may issue infringement notices to employers in breach of immigration rules. This could include employing individuals unlawfully or in breach of visa conditions, or ...

On 7 April 2024 the government introduced a number of significant changes to the AEWV scheme. This alert provides a high-level overview of these changes. Key Changes ANZSCO Skill Level 4 and 5 restrictions Job vacancies for a role at ANZCO Skill Level 4 or ...

In July 2022, the new Accredited Employer Work Visa (AEWV) scheme was introduced by Immigration New Zealand (INZ). This category replaced seven work visas and turned what used to be one application into three separate processes, with three different application fees. The AEWV scheme requires ...

The median wage is updated in immigration policy each February. This is based on the rate published by Statistics New Zealand the previous June. Several New Zealand work and residence visas are indexed to this median wage, including the Accredited Employer Work Visa (AEWV) and ...

From late October 2023 accredited employers will need to commit to not using 90-day trial periods for Accredited Employer Work Visa (AEWV) holders. 90-day trial periods A 90-day trial period can be used by employers to determine whether a new employee is suitable for the ...

Background The median wage is updated in immigration policy each February. This is based on the rate published by Statistics New Zealand the previous June. Several New Zealand work and residence visas are indexed to this median wage, including the Accredited Employer Work Visa (AEWV) and ...

Background Currently, an Accredited Employer Work Visa (AEWV) can be granted for a maximum of 3 years. Provided the individual earns at least the median wage (currently $29.66), there is no limit on the amount of time an AEWV holder can spend in New Zealand. ...

New Skilled Migrant Category The Skilled Migrant Category (SMC) has been the main residence pathway in New Zealand for many years. In April 2020 Expressions of Interest (EOI) selections were suspended. The category reopened in November 2022 as an interim measure, while changes to this ...

Background To qualify (and maintain) employer accreditation, key people within an organisation must not have employed anyone who is ineligible to work under the Immigration Act 2009. Also, these key people must not have provided false or misleading information to Immigration New Zealand (INZ), or ...

Updates On 31 May 2023 the visa conditions for partners of Essential Skills and Accredited Employer Work Visa holders changed. Most partners now need to work for an accredited employer and earn at least the median wage (currently $29.66). This is unless an uncapped sector ...

When your business applied for accreditation it made several commitments to Immigration New Zealand (INZ). Compliance with these commitments is essential to accreditation being maintained and renewed. Please ensure that you complete and track all of the below. Settlement support activities The below is to ...

Column written by Tash Rae and published in the Otago Daily Times on 27 April 2023 In July 2022, Immigration New Zealand (INZ) overhauled its work visa system and created a new Accredited Employer Work Visa (AEWV). This category replaced several visas and turned what ...

Background To support an Accredited Employer Work Visa (AEWV) New Zealand employers must hold mandatory accreditation with Immigration New Zealand (INZ). This is granted to employers who: Are genuinely operating; Will commit to completing settlement support activities for migrants; and Have a history of compliance ...

Background Currently, UK citizens between the ages of 18 and 30 can apply for a New Zealand working holiday visa for up to 23 months. This allows work for any employer in New Zealand, but for no more than 12 months (total). It does not ...

If your business employs migrant workers, or would like to do so, it is important to understand how the requirements for employers have changed. The Accredited Employer Work Visa (AEWV) framework has replaced most work visa categories in New Zealand. Unlike previous frameworks, the AEWV ...

Background In 2022 it was announced that work rights for many partners of temporary visa holders would be removed, with limited exceptions. This change was initially slated for December 2022 but was pushed out until April 2023. Update The government has changed its position on ...

Background Extreme weather events such as Cyclone Gabrielle have created significant destruction for several North Island communities. This has resulted in a substantial demand for occupations like engineers, insurance assessors and construction workers to help with the recovery. Immigration New Zealand (INZ) has acknowledged that ...

In February 2023 our Immigration expert and Senior Associate Tash Rae spoke to NZLawyer about the difficulties in attracting skilled workers to New Zealand. Her interview discusses the biggest challenges employers are facing, and highlights what needs to change. Immigration has been chaotic over the past ...

I often get asked to assist migrants who have been convicted of driving under the influence of alcohol (DUI). This article explains the possible immigration consequences of a DUI conviction. The character rules Applicants must meet good character requirements to be approved a New Zealand ...

Background To support an Accredited Employer Work Visa (AEWV) New Zealand employers must hold mandatory accreditation with Immigration New Zealand. This is granted to employers who: Are genuinely operating; Will commit to completing settlement support activities for migrants; and Have a history of compliance with ...

I frequently get asked whether mental health conditions will prevent a person from getting a New Zealand visa. This article explains the Immigration New Zealand (INZ) rules around this. The health rules Applicants must have an acceptable standard of health (ASH) to be approved a ...

On 29 September 2022, the government introduced the Worker Protection (Migrant and Other Employees Bill) into Parliament. The bill aims to improve the efforts in preventing migrant worker exploitation by strengthening current measures and introducing new ones. Priyanca Radhakrishnan, Associate Minister for Workplace Relations and ...

Background Currently, most partners of work visa holders can secure open working visas. This is provided the principal applicant has a work visa for more than six months and is paid at least the median wage. Update From April 2023 Immigration New Zealand (INZ) will ...

Will someone who takes anti-anxiety/depression medication, or has counselling or EAP be able to get a New Zealand visa? After frequently being asked whether mental health conditions will prevent a person from getting a New Zealand visa, our  immigration lawyer Tash Rae  has put together ...

Background The median wage was updated by Statistics New Zealand in June 2022 to $29.66 hourly. Several New Zealand work and residence visas are indexed to this median wage, including: Accredited Employer Work Visa (AEWV) Green List (Tier 1) Straight to Residence Visa Skilled Migrant ...