Illegal workers

We monitor different industry sectors for illegal employment practices and uses a variety of tools to ensure that overseas workers at all workplaces are legally entitled to work.

29 January 2023
2 minute read

We work closely with other departments, agencies and employers in order to ensure compliance with Immigration legislation.

We encourage anyone with any information about overseas workers working illegally to get in touch with us so that we can investigate and take any appropriate action.

New Zealand businesses have a legal responsibility to ensure that their employees are legally entitled to work for them.  INZ is in regular touch with employers to ensure they understand their obligations.

The consequences for employers who exploit workers can be serious. It is an offence, under section 351 of the Immigration Act, while allowing an unlawful or temporary worker to work for an employer, to pay them less than the minimum wage. The maximum penalty is seven years imprisonment and/or a $100,000 fine.

The consequences for employers who allow any person to work for them when they are not entitled to have two potential penalties. If the employer knew the worker was not entitled to work they could be liable for a fine not exceeding $50,000, or $10,000 if knowledge cannot be proved.

Employers are encouraged to use Immigration New Zealand’s online tool VisaView to check whether a person who is not a New Zealand citizen is able to work for them.

VisaView also enables an employer to confirm New Zealand passport information provided by a jobseeker, and therefore confirm New Zealand citizenship and entitlement to work in any job.