Guide to post-accreditation checks for AEWV accredited employers

How we check you are meeting AEWV accredited employer requirements

We check a proportion of accredited employers each year to make sure they continue to meet accreditation requirements.

A check can happen at any time while you are accredited.

Employers we check may include:

• randomly selected accredited employers, from a range of sizes and types
• targeted checks on a sample of all accredited employer types
• all employers with valid triangular employer accreditation
• any businesses that have been referred to us through a complaint or issue raised.

Our checks can be either desk-based or through site visits.

Read more about recent post-accreditation checks:

Post-accreditation checks

What we may ask you to provide

Examples of the information we may look or ask for as part of a post-accreditation check include:

• that you have a viable and genuinely operating business
• that you have a current, and the correct type of, accreditation
• that key people in your organisation are meeting requirements
• that you are being a responsible employer
• that you are helping your AEWV workers settle here
• if you are placing AEWV workers with a controlling third party, that you are meeting the additional accreditation requirements
• if you are a franchisee, that you are meeting the additional accreditation requirements.

You should make sure that, wherever possible, you have systems collecting this information. You do not need to record information separately if you already collect it through HR, accounting or other processes.

As part of the post-accreditation check, we also use publicly available information and information already held by the Ministry of Business, Innovation and Employment (MBIE).

If we need more information, we may contact you or do a site visit.

You have a viable and genuinely operating business

Evidence may include, but is not limited to:

• GST or PAYE records that show the IRD number for your business
• financial statements that show your business is financially viable.

To show you are financially viable your financial statements need to show that your business has either:

• not made a loss over the last 2 years, or
• had a positive cash flow each month for the last 6 months, or
• enough capital or external investment to remain viable, or
• a credible 2-year plan to make sure it stays viable, for example, revenue forecast or cash flow projection.

Financial evidence for your AEWV accreditation application

You have a current, and the correct type of, accreditation

Your accreditation needs to be correct for your business type and the number of migrants you intend to, or currently, hire.

If your accreditation is not the correct type, you can apply to change it. For example, you may want to change from standard accreditation to triangular employer accreditation. To change your accreditation type, you must reapply for accreditation and pay the full accreditation fee.

What type of employer accreditation you need

Key people in your organisation must meet requirements

You may need to provide evidence that key people in your organisation continue to meet immigration requirements.

Evidence may include, but is not limited to:

• documentation to show you regularly check to make sure key people have not been temporarily stopped from recruiting migrant workers (that is, they are not on the Employer stand-down list, or the Immigration stand-down list)
• declarations from key people that they have not breached any employment or immigration laws or have any pending cases against them
• details of key people and their consent to share relevant information with us.

Employers on stand-down – Employment New Zealand

Immigration stand-down list

Immigration law for employers

You have to contact us within 10 working days if there are changes to the key people in your organisation.

If things change for AEWV accredited employers

You are being a responsible accredited employer

You need to show that you are complying with the relevant employment and immigration legislation.

Visa conditions

Evidence may include:

• documentation of the checks on the visa status of your AEWV workers and the expiry dates on their visas (you can check VisaView)
• records that show you remind AEWV workers about their visa expiry date
• if there is a minimum and maximum number of hours on their visas, documentation of how you make sure AEWV workers are not allowed to breach those limits.

Other employment responsibilities

Evidence may include:

• records of any complaints, and proof you have followed the correct resolution procedures
• keeping a risk and accident register
• proof that you offer your employees health and safety training
• records of the hours worked, payment of wages and PAYE, and holidays and leave taken by your AEWV workers
• showing employment agreements for every AEWV worker.

Employment requirements to help settle AEWV employees in New Zealand

Record-keeping — Employment New Zealand

VisaView

You are helping your AEWV workers settle here

You need to meet the requirements around helping AEWV workers settle in New Zealand within their first month of employment. Evidence could include:

• copies of the settlement support information you have provided to your AEWV employees.

Employment requirements to help settle AEWV employees in New Zealand

If you are placing AEWV workers with a controlling third party

If you are placing AEWV workers with third parties while being the direct employer named in the employment agreement, then you must have triangular employer accreditation.

You need to make sure that the third party you are working with:

• is not exploiting your AEWV workers
• meets our requirements.

You need to monitor the work conditions and safety of the AEWV workers during their placement with a controlling third party.

Requirements for controlling third parties and franchisees

Processes, agreements, placements and terms of business

Evidence may include:

• copies of the third party's process documents and health and safety induction material
• documentation from the controlling third party of complaint, dispute and incident resolution
• declarations and terms of business between the employer and the third party
• records of the communications with AEWV workers while they are placed with the third party
• records of placement details of AEWV workers, including start and finish dates, regions and sites where the AEWV workers are working
• records of issues raised, how issues were investigated and resolved, the outcomes of resolving the issues and what you have done to make sure they do not happen again
• proof that at least 15% of your staff are New Zealanders guaranteed at least 30 hours of work each week.

Site visits, inspections and audits

Evidence may include:

• records of your agreements with controlling third parties that we can carry out site visits
• records of ongoing site visits, and findings from any inspections
• any independent third-party audit findings.

If you are a franchisee

Evidence may include:

• if you have more than one employee, records showing that at least 15% of your staff are New Zealanders guaranteed at least 30 hours of work each week
• documentation showing that you are continuing to operate as a franchisee, such as tax records, correspondence from the franchiser, stock lists, or a lease agreement
• correspondence from the franchiser describing your franchise agreement.