WS3.1 Evidential and other requirements for entertainers, performing artists and ... (07/02/2011)

WS3.1 Evidential and other requirements for entertainers, performing artists and associated support personnel, film and video production and post-production crew, producers, and directors

1. Employers, promoters, agents or producers must provide, and immigration officers must be satisfied with, the following evidence and information:
   1. that the applicant is of international distinction or merit, or particular ethnic significance, or is manifestly essential to the presentation or production; or
   2. that the applicant's employment does not put at risk the employment of New Zealand entertainers or professionals in equivalent work unless the wider benefits to be obtained from the applicant's employment outweigh the loss of job opportunities for New Zealanders; or
   3. that they have given appropriate consideration to employing available New Zealand entertainers or professionals.
2. Employers, promoters, agents or producers must also provide:
   1. the full names, nationalities, dates and places of birth of each applicant; and
   2. a guarantee of accommodation and repatriation for each applicant.
3. Employers must submit this evidence and information in writing to the nearest Immigration New Zealand (INZ) office at least 10 working days before the proposed engagement.
4. INZ may waive the time limit of 10 working days if in exceptional circumstances the availability of a performer (or a replacement) cannot be confirmed until closer to the date of the event.

WS3.1.1 Obtaining the agreement of the relevant New Zealand performers' union or professional association

1. Immigration officers must sight evidence that the information required in WS3.1 above has been supplied to the relevant performers' union(s) or professional association(s) depending on the specific occupations of all those involved in the performance or production.
2. Details of the relevant unions/professional associations and their officers are published on the INZ Website.
3. If the relevant union or professional association does not object to the application, INZ may authorise the appropriate New Zealand overseas branch or post to grant a work visa.
4. If the relevant union or professional association objects to the application, the union must notify INZ within 3 working days of receiving the information required by WS3.1.1(a) above from the promoter, agent or producer.
5. INZ will then consult with the parties to resolve the disagreement as quickly as possible.

   Note: In the case of film production, INZ may also seek advice from the New Zealand Film Commission or any other appropriate industry or government organisation.

6. If the parties cannot reach an agreement, INZ refers the application to the Minister of Immigration for a decision.

Effective 07/02/2011