Who pays when an employer disregards the rules? Usually, the worker. New Zealand is changing this.
The new infringement system is a significant shift in the potential consequences for employers violating the rights of migrant workers in New Zealand. Launched in early 2024, it will now give Immigration New Zealand (INZ) the ability to quickly sanction employers for violating immigration rules (without having to wait for a lengthy investigatory process). We might think of this as the equivalent of a “speeding ticket” for employers that do not do the right thing when employing fair employment practices.
Why the Infringement System Matters
- A prevention of exploitative behavior against migrant workers.
- An accountability measure for businesses operating where violations of lower-level breaches occurred.
- Promotes fair treatment of workers and transparency in workplaces.
How the Scheme Works
The system is part of the Worker Protection (Migrant and Other Employees) Act, allowing INZ and MBIE to undertake any immigration activity that may result in the issuing of infringement notices for breaches of relevant immigration law.
Offences include:
- Employing a person illegally who is not allowed to work under the Immigration Act 2009
- Ignoring a visa condition (work type, hours, location)
- Not submitting the documents requested by the immigration officers within 10 working days
Penalties Employers Face
- Fines:
- NZD 1,000 for individuals
- NZD 3,000 for companies
- Stand-down Periods:
- Six months for a single notice
- An additional six months for each extra notice (max 12 months)
- Loss of Accreditation:
- May lose Accredited Employer Work Visa (AEWV) or Recognised Seasonal Employer (RSE) approval
During a stand-down period, employers are still allowed to keep their current migrant staff (if visas are valid), but they are not permitted to sponsor new workers. Non-compliant employers’ names are available publicly—the “wall of shame” term is a metaphor with legal backing.
Enforcement Snapshot
Between April 2024 and April 2025:
- A total of 121 notices were issued by 118 employers.
- Total penalties were NZD 363,000.
- The 2024/25 financial year saw penalties of NZD 395,000—up from NZD 63,000 in 2023/24.
The considerable increase is evidence that the system is not just policy; it is practice.
What It Means for Migrant Workers
Such a system is a signal to workers of the introduction of safeguards and the provision of better transparency. For employers, it’s a wake-up call: follow the rules, or face quick consequences.
Guidance for Employers & Workers
The best advice for employers is to always be fully compliant and thus avoid all sorts of penalties. Workers can take help from professionals, and especially the fair-opportunity-seeking ones, can do so. The immigration consultants based in Delhi who are skilled can guide the applicants on employer status checks, and analyze visa compliance before moving to New Zealand, and then the applicants can follow their advice accordingly.
Conclusion
The infringement system makes it fair in the workplace and thus makes New Zealand a better place for migrant employees. To cope with the changes in the rules, you would greatly benefit from a session with the best New Zealand visa experts in India.
Business Immigration Visas can be your partner in:
- Visa application guidance
- Understanding employer compliance status
- Assuring stress-free relocation with legal safeguards
Because fair rules mean fair opportunities—and that is what matters.
