Immigration Update: The Worker Protection (Migrant and Other Employees) Act 2023

On 6 of January 2024, The Worker Protection (Migrant and Other Employees) Act 2023 came into effect. The Act introduces a number of changes across the Employment Relations Act, the Immigration Act, and the Companies Act, to combat migrant exploitation.

Businesses who employ migrants should be aware of the following changes to the Immigration Act:

1.  Requirement for employers to provide employment-related documentation within 10 working days of it being requested by an immigration officer.

2.  Introducing 3 new immigration infringement offences. These are: 

• allowing a person who is not entitled under the Immigration Act to work in the employer’s service to do that work.
• employing a person in a manner that is inconsistent with a work-related condition of that person’s visa.
• failing to comply with a requirement to supply documents within 10 working days.
  
  

3.  Enabling the Chief Executive of MBIE to publish the names of employers who offend against the Immigration Act. 

Employers are already required to only employ people who hold a valid visa and in line with those visa conditions, as well as provide documents as part of post-decision checks under the Accredited Employer scheme. Adding infringement offences to the Act strengthens and standardises the sanction for non-compliance with these requirements.

There are still a number of details to be confirmed by INZ, including the how infringement notices will be made, and the length of time a non-compliant employer will be stood down for, which will be released in due course.

In the meantime, we strongly recommend that all employers review their internal processes, to ensure that they align with Immigration requirements.

If you require guidance or advice on ensuring your company’s employment practices are immigration compliant, please get in touch.  

Sarah Caulton, Senior Associate
sarah@mcmillanco.nz