How New Zealand's infringement scheme protects migrant workers at the workplace

Immigration New Zealand ( INZ) operates an employment infringement scheme that allows it to issue penalties to employers who commit immigration-related violations. The scheme works to improve compliance with immigration rules and ensure that migrant workers are treated fairly in the workplace.

The infringement scheme was introduced in April 2024 as part of the Worker Protection (Migrant and Other Employees) Act. It gives INZ and the Ministry of Business, Innovation and Employment (MBIE) the authority to issue infringement notices when employers breach immigration law. The aim is to hold businesses accountable for lower-level offences quickly, without waiting for lengthy investigations or criminal proceedings.

Offences covered
Employers can be issued notices if they:

• Employ a person who is not legally entitled to work under the Immigration Act 2009
• Hire workers in a way that goes against visa conditions, such as work type, location, or hours
• Fail to provide immigration officers with requested documents within ten working days.

Penalties imposed
The penalties vary depending on the type of employer:

• Fines: NZ $1,000 for an individual and NZ $3,000 for companies.
• Stand-down period: employers may be barred from supporting new visa applications for migrant workers.
• Loss of status: employers risk losing their accreditation under the Accredited Employer Work Visa (AEWV) system or their Recognised Seasonal Employer (RSE) approval.

The stand-down period is six months for a single notice and increases by six months for each additional notice, up to a maximum of 12 months if multiple notices are issued at once. During this time, employers can keep current migrant staff with valid visas but cannot sponsor new ones.

Employers who receive infringement notices are placed on a public stand-down list available on the INZ website. This naming-and-shaming approach is intended to make the system transparent and help workers identify which employers are barred from sponsoring visas.

Right to dispute
Employers can contest infringement notices by:

• Requesting a court hearing if they deny liability
• Asking the court to review the fine amount
• Seeking an internal review or reconsideration of the notice.

Enforcement so far
Between April 2024 and April 2025, INZ issued 121 infringement notices to 118 employers. These resulted in NZD 363,000 in penalties. In the 2024/25 financial year alone, penalties totalled NZD 395,000, compared with NZD 63,000 in 2023/24, when the scheme had only just begun.

The infringement scheme is a compliance tool in New Zealand’s immigration framework. It acts as a deterrent to employers who might otherwise ignore visa rules or exploit migrant labour. By imposing quick penalties and making employer names public, INZ seeks to protect migrant workers while keeping businesses aligned with immigration law.