BM2 Definition of a ‘fit and proper’ person

1. Applicants are ‘fit and proper’ people if:
   1. all businesses they have influence over have complied with all relevant immigration, employment and taxation laws; and
   2. they have never been convicted of any offence arising in the course of, or resulting from, business dealings; and
   3. they have never been convicted of an offence involving dishonesty in New Zealand or a foreign country; and
   4. they have never been involved in business fraud or financial impropriety.
2. It is not relevant to the assessment of a ‘fit and proper’ person where the business operates or is registered, or whether the applicant has subsequently ceased to hold a position of influence.
3. Relevant law includes, but is not limited to the:
   1. Accident Compensation Act 2001; and
   2. Employment Relations Act 2000; and
   3. Health and Safety at Work Act 2015; and
   4. Holidays Act 2009; and
   5. Immigration Act 2009; and
   6. Minimum Wage Act 1983.
4. Applicants are considered to have influence over a business if they exercise significant influence over its management and administration. This includes, but is not limited to, when acting as a director or senior manager.

Effective 08/05/2017