The Employment Court has confirmed that it is illegal to charge a worker a fee for a New Zealand job, even if the payment is made overseas. The decision closes a gap that was often used in migrant exploitation. It comes alongside new guidance on immigration infringement notices and a recent prosecution for exploiting migrant workers.
Key points
- The Wages Protection Act 1983 prohibits charging a worker a fee for a job.
- The Court confirmed this applies to payments made overseas.
- It also covers payments made by family, friends or agents on the worker’s behalf, and payments received by agents for the employer.
- Immigration New Zealand has published guidance on how employment related infringements are assessed and enforced.
- Immigration New Zealand has a range of options to hold employers to account if they, or anyone acting for them, charge premiums.
What the Court decided
New Zealand law has long banned premiums for employment, but it was not clear whether that applied when money changed hands outside New Zealand. It does. It makes no difference where the worker is, how much is paid or who receives it. If a worker is charged for a New Zealand job, the employer, and anyone acting for them, is acting illegally.
What this means for employers
- review how overseas recruiters and agents are paid, and make sure no cost is passed to candidates;
- put clear written terms in place with any recruiter acting for you;
- keep records showing how each migrant worker was recruited;
- remember that charging premiums can lead to enforcement action, which may affect your accreditation.
In October 2026, a Christchurch motel owner was sentenced for exploiting migrant workers, including workers doing weeks of up to 98 hours while being paid for 40. Enforcement is active. See employer responsibilities and obligations.
Infringement notice guidance
Immigration New Zealand has published guidance on how it assesses, reviews and enforces employment related immigration infringements, and the factors it considers when deciding what action to take. Employers should read it alongside their accreditation obligations.
Smoother Job Check and accreditation applications
- enter the employer’s contact details correctly, as missing details cause delays;
- close job advertising before you submit a Job Check;
- provide screenshots of advertisements that show the platform and details;
- when responding to a request for information, explain what each document is and how it answers the concern.
What you should do now
- Audit your recruitment chain: including any overseas agents.
- Never accept payment from candidates: directly or indirectly.
- Workers, report any job fee: to Immigration New Zealand.
- Check your accreditation obligations: before your next Job Check.
Frequently asked questions
Is it legal to charge a migrant a fee for a job?
No. The Wages Protection Act 1983 prohibits it, and the Employment Court confirmed this applies to payments made overseas.
What if a family member paid the fee for the worker?
That is also covered. The ban extends to payments made on a worker’s behalf by family, friends, agents or others.
Does it matter if the recruiter, not the employer, received the money?
No. Payments received by agents or others acting for the employer are also prohibited.
Can a worker get the money back from Immigration New Zealand?
Immigration New Zealand cannot recover premiums, but it can take action against employers involved.
Could charging premiums affect accreditation?
It can. Charging premiums can lead to enforcement action, which may affect accreditation.
Related guides
- Employer responsibilities and obligations
- Accredited employers
- Accredited Employer Work Visa
- Employers regularly hiring overseas workers
- AEWV updates
Hiring migrant workers? Book a consultation with our New Zealand immigration team.
This article is general information only and is not legal or immigration advice for your situation.
New Zealand Immigration News: November Update
Charging Migrants for Jobs Is Illegal, Even When Paid Overseas: What Employers Need to Know
Immigration Online Changes: Passport Scans, Family Visa Applications and Sponsored Visitors
Visa Waiver Travel Suspended for Kuwait Passport Holders, and NZeTA Travel From Australia Continues
New Zealand Student Visa Changes: Work Rights, Visa Length and English
Resident Visa Applications Will Be Declined if a Dependent Child Is Unlawfully in New Zealand