New Zealand Employer Responsibilities and Obligations
Employers who hire foreign skilled migrants must adhere to New Zealand immigration, labour and employment laws to ensure appropriate workplace standards are upheld for all workers.
New Zealand employers are subject to the following obligations and responsibilities:
Complying with Immigration and Employment Law
Employers must comply with the following:
- Job offers – employers can offer a job to foreign skilled workers prior to them obtaining a work or resident visa
- Providing immigration advice to migrants – only licensed professionals are permitted to provide immigration advice. It is important that employers do not advise their prospective employees and instead direct them to a immigration adviser
- Employment law – New Zealand employment law is applicable to migrants and New Zealand citizens and permanent residents alike. Employers should be aware that breaches of employment standards can negatively impact your ability to hire skilled migrants in the future.
- Feedback about an employee – Immigration New Zealand can be informed when a foreign skilled worker has a visa to work for your business and their employment has ceased unexpectedly
- Fishing or Boat Crews – employers should be aware that certain employment conditions are applicable to hiring foreign crew members
Attempt to Recruit New Zealanders
Prior to recruiting foreign skilled migrants, employers may be required to:
The only exceptions to this are:
Local Hire Obligations
Employers are obligated to attempt to fill labour shortages by advertising and recruiting locally prior to hiring overseas workers. If they are unsuccessful in their local recruitment attempts, they can then explore hiring foreign skilled workers however they must be able to provide evidence that they could not find a suitable candidate locally.
Types of evidence include:
- Details of advertising
- Copies of advertisements and receipts for its cost
- Information about results of job advertisements
Evidence of Training
If Immigration New Zealand requests evidence from an employer that they have attempted to train a local New Zealand citizen or resident, acceptable forms of evidence include:
- Type of training provided and outcome
- Plans to train and increase skills of New Zealanders to fulfill the position
- Evidence confirming industry details
- Availability of New Zealanders to do the job
- Need for foreign labour in the market
- Industry organization or body’s opinion on the terms and conditions of employment offer
Hiring for the Entertainment Industry
There are specific responsibilities and obligations for employers who are looking to hire foreign skilled workers for the entertainment industry. Employers must seek agreement from industry bodies to support the work visa application.
The table below sets out the relevant industry body depending on the entertainment sector:
| Entertainment Sector | Industry Body |
| Comedians and Comedy Acts | New Zealand Comedy Guild Inc |
| Performers or Vocalists – Musical Instruments and Support Staff | Musicians Branch of the Service and Food Workers Union |
| Other Performing Artists | New Zealand Actors Equity |
| Screen Directors | Directors & Editors Guild of NZ |
| Film and Television Producers | Screen Production and Development Association of New Zealand |
| Film and Video Production and Post-Production | The New Zealand Film & Video Technicians’ Guild |
| Technical Personnel at Live Events | New Zealand Actors’ Guild |
Employer obligations under the Accredited Employer Work Visa (2026)
Most New Zealand employers now hire migrant workers through the Accredited Employer Work Visa (AEWV). Before a worker can apply, you need two approvals:
- Employer accreditation: Standard accreditation (up to 5 AEWV workers at a time, NZD $775), High-volume accreditation (6 or more, NZD $1,280) or Triangular employer accreditation for labour hire businesses (NZD $4,060).
- A Job Check for each role (NZD $735): you show the job is genuine, that you pay at least the market rate (and never less than the minimum wage), that the employment agreement complies with New Zealand law and that you genuinely tried to recruit New Zealanders first. For skill level 4 and 5 roles this includes engaging with Work and Income.
See our accredited employer guide for how to apply.
Your ongoing obligations once accredited
Accreditation is not a one-off approval. Immigration New Zealand can check your compliance at any time, through desk-based checks or site visits. You need to:
- employ each AEWV worker in the job, location and conditions approved in their Job Check, and check whether a change to the role needs a new Job Check
- keep employment agreements, wage and time records, leave records, PAYE records, health and safety records and recruitment records
- give new AEWV workers settlement information about living and working in New Zealand within their first month (for example accommodation, transport, healthcare, getting an IRD number and the hazards of the job), and keep evidence that you did
- track your workers’ visa expiry dates and conditions, and only employ them as their visa allows
- keep evidence that your business is genuine and financially sustainable
- tell Immigration New Zealand about significant changes that could affect your accreditation, such as changes to key people or your business structure
- keep track of your accreditation expiry date and apply to renew in time
Since 27 January 2025, employers no longer have to complete the Employment New Zealand online modules as part of accreditation.
Costs you cannot pass on to migrant workers
You must not pass certain costs on to AEWV workers. These include recruitment costs such as advertising and recruitment agency fees, your accreditation and Job Check fees, trade testing, and compulsory training and induction costs. Charging a worker a fee or “premium” for a job is unlawful in New Zealand, as are deductions from wages that the worker has not agreed to in writing.
Breaches of immigration or employment law can lead to your accreditation being suspended or revoked, and employers who breach minimum employment standards can be stood down from supporting visa applications for a period. If you are unsure whether a cost, deduction or change to a role is allowed, ask us before you act.
Accredited Employer Work Visa (AEWV) Updates Dec 2025
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