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Under the Immigration Act 2009, Massey University must not employ a foreign national who is not entitled to work in New Zealand or for the University. This requirement applies whether or not the manager knows that the foreign national was entitled to work. The penalties for Massey committing this offence ranges from a maximum $10,000 for an employer allowing a foreign national to work who was not entitled to, to a maximum penalty of $50,000 if Massey knew the foreign national was not entitled to work and continued to allow them to work.
Given the importance of this matter, the provision of an IR330 form is no longer a “reasonable excuse” for employing a foreign national who is not entitled to work in New Zealand. Instead employers including Massey are required to show that they took reasonable precautions and exercised due diligence to check whether the foreign national was entitled to work.
Therefore, all prospective appointees to staff positions at Massey University must provide clear, legible and verified copies of their New Zealand citizenship/permanent residency or a valid work permit. If the individual holds a work permit, then this must show suitability to work at Massey University and be eligible for the role offered e.g. the number of hours they are able to work corresponds with the number of hours employed at Massey University.
The following documents are acceptable evidence of a person’s eligibility to work in New Zealand:
A verified copy means that:
All verified copies of the original New Zealand citizenship/permanent residency or valid work permit need to be provided to People and Organisational Development prior to the commencement of employment.
In order to move quickly to the offer of employment, the Chair of the Selection Committee should ask the applicant to bring to the interview their proof of eligibility to work in New Zealand.
This documentation will then be copied and certified. The certified proof of eligibility to work in New Zealand of the preferred applicants should then be included in the appointment summary information that is provided to the HoI/S and PVC/AVC for approval.
The verified copy of the original proof of eligibility to work in New Zealand needs to be provided to People and Organisational Development prior to the commencement of employment (if not already provided at the time of the interview).
In response to the strengthening of the employer obligations regarding confirmation of a foreign national's right to work in New Zealand, Immigration New Zealand also provides a free online employer enquiry system which allows employers to easily obtain information on a potential employee’s work entitlement. The system is called VisaView and enables all New Zealand employers to enquire about the work entitlement of a job applicant who is a foreign national.
To access this service, the Chair of the Selection Panel needs to contact HRHelpdesk@massey.ac.nz and request an invite to join. Once this process is completed, the Chair of the Selection Panel will then simply need to log on to VisaView and provide the family name of the applicant, the passport nationality, passport number and date of employment in order to initiate the enquiry to Immigration New Zealand.
VisaView will check against Immigration New Zealand’s database, and in most cases, immediately provide the Chair of the Selection Panel with a ‘Yes’ or ‘No’ answer, the expiry date of the visa, and any specific work conditions that may apply for a given candidate. VisaView also maintains a history of enquiries made by an employer, which will be a useful way for employers to demonstrate due diligence in relation to Immigration Act requirements.
Please note that hiring managers will be required to register as an individual, not as ‘Massey University’ and New Zealand Immigration will record all searches made under the hiring manager's individual name.
While this service is optional, a verified copy of the new employees work permit/visa is still essential prior to the commencement of duties as per the University’s Policy on Pre-employment Checks for Prospective Appointees.
For further information please refer to:
Page authorised by AVC People and Organisational Development
Last updated on Tuesday 16 August 2016