WK5.25 Non-compliance with labour hire employer accreditation requirements and obligations (to 04/07/2022)

Where non-compliance, other than of a minor nature, with the conditions listed under WK5.5 has been identified, the following process will occur:

1. INZ will suspend the processing of any work visa applications related to an existing labour hire accreditation immediately.
2. The non-compliant employer will be advised in writing of the suspension and will be sent a report detailing the non-compliance, and will be given 30 days to remedy the non-compliance.
3. Resolution (or satisfactory progress towards resolution) of the non-compliance to the satisfaction of INZ within the 30 day period will see the suspension lifted and processing of related work visa applications will resume.
4. The Ministry of Business, Innovation and Employment may conduct an audit three to six months later to assess the effectiveness of the remediation undertaken. If the remediation is deemed inadequate or ineffective, the suspension can be re-imposed.
5. If INZ is not satisfied that the non-compliance has been addressed or satisfactory progress has been made towards resolution within the 30 day period, the suspension of related work visa processing will continue (until resolution occurs).
6. Failure to address or make satisfactory progress towards resolving the non-compliance may result in the current accreditation being revoked, current work visa holders becoming liable for deportation, and any future accreditation applications being declined.
7. INZ may also revoke an employer’s accreditation where:
   1. non-compliance, other than of a minor nature, with the conditions and obligations listed under WK5.5 is identified; or
   2. it considers an accredited employer's conduct has created an unacceptable risk to the integrity of New Zealand's immigration or employment laws or policies.

Note: INZ may rely on the advice of the Ministry of Business, Innovation and Employment - Labour Inspectorate in determining whether resolution has been reached or satisfactory progress has been made towards resolution.

Effective 28/08/2017