It is common knowledge that employers wishing to employ non-New Zealand citizens or residents must comply with all relevant employment and immigration law in force in New Zealand. Specifically, employer obligations include but are not limited to:
- Not allowing an unlawful worker or contractor to work for them (either knowingly or unknowingly);
- Not allowing a worker to work in breach of their visa conditions (either knowingly or unknowingly);
- Ensuring compliance with all relevant employment and health and safety laws;
- Not providing workers with immigration advice or assistance, unless licensed or exempt.
Despite these obligations, recent cases and media articles have shown that illegal employment, immigration advice and migrant worker exploitation is still clearly present in New Zealand.
The Government has taken the issue seriously and is considering taking tough action against employers with the introduction of new penalties and enforcement powers in a new Immigration Amendment Bill (No2)(Bill). The stated purpose of the Bill is, amongst other minor things, to address gaps in the compliance regime and to introduce measures to address the exploitation of migrant workers.
Under the Bill, employers who exploit migrant workers can potentially face a jail sentence of up to seven years, a hefty fineof up to $100,000.00 or both. Migrant employers could also face deportation if their offence was committed within 10 years of them gaining residence.
The Bill also extends the search powers of immigration officers so they can search an employer’s premises and talk to anyone present at the premises to identify any offending by employers. Officers will also be able to search for unlawful workers, check relevant business documents and ensure migrant employees are complying with all relevant laws without a warrant.
Finally, in relation to the new search powers, it is also useful to remind employers that under the existing legislation if an employer knowingly employs an unlawful worker they could face a $50,000.00 fine. If they unknowingly employ an unlawful worker, they could face a $10,000.00 fine. In addition, providing immigration advice without a licence (or when not exempt) could also result in a hefty fine of $100,000.00.
he Bill passed its first reading in parliament last month and we will keep you updated with its progress.
The Immigration Team
Lane Neave Lawyers Tel: +64 3 379 3720 Fax:+64 3 379 8370 www.laneneave.co.nz / www.liveinnewzealand.co.nz
Disclaimer: The content of this article is general in nature and not intended as a substitute for specific professional advice on any matter and should not be relied upon for that purpose.