Preston Russell Law - Legal Services for Southern People

Immigration Act 2009 - Employer's Obligations

Saturday, November 06, 2010 by Mike Mika category Immigration Law

On 29 November 2010 the Immigration Act 2009 (“the Act”) will come into effect. The Act is a response to the outdated Immigration Act 1987.

The Act has a number of key changes including:
A new sponsorship system. This now allows organisations such as companies, charitable trusts and societies to sponsor individuals in some circumstances. Previously only individuals could sponsor people coming to New Zealand;
Streamlining of the appeals and deportation process. The Act sets up one independent body to hear appeals, the Immigration and Protection Tribunal (“IPT”). The IPT replaces the current Removal Review Authority, Residents’ Review Board, Refugee Status Appeals Authority and Deportation Review Tribunal.
Returning Residents’ Visas. The term Returning Residents’ Visa (“RRV”) will no longer be used. A Permanent Residents’ Visa will replace RRVs and will allow the indefinite right to enter New Zealand; and
The Act also introduces obligations on employers to ensure they do not employ foreign workers who are not entitled to work in New Zealand or for that employer.
 
From 29 November 2010, employers need to show that they have taken “reasonable precautions” and “exercise due diligence” in checking whether foreign workers are entitled to work for them (Section 350 of the Act).
 
It will simply not be enough for employers to show that a foreign worker has completed the Inland Revenue Department IR330 form declaring that they hold a valid Work Permit.
Under the Act, the maximum penalty for allowing or continuing to allow any person to work for an employer, knowing that a person is not entitled to do that work, is a fine of $50,000.00 (Section 357 of the Act).
 
To help employers meet their obligations under the Act, Immigration New Zealand has introduced an online system called VisaView. Employers can verify whether prospective employees are entitled to work for them and whether there are any conditions applicable to the worker (http://www.immigration.govt.nz/community/stream/visaview).
 
There is also a dedicated employer line that has been set up at the Immigration New Zealand Contact Centre: 0508 967 569.
 
With the introduction of the Act, this is a good time for employers to review how they recruit foreign workers. Keeping in mind the need to take “reasonable precautions” and “exercise due diligence”. An example is maintaining records and copies of potential workers work permit stamps in their passports.