Working in New Zealand on a Work Visa
Migrant workers are a significant part of the New Zealand workforce, from skilled professionals to seasonal workers in horticulture, hospitality, and construction. Whether you are on an Accredited Employer Work Visa (AEWV), a Working Holiday Visa, a post-study work visa, or a partner of a worker visa, you are entitled to the same employment law protections as any New Zealand citizen. Employment law and immigration law in NZ work side-by-side — and understanding both is essential for protecting yourself.
The Accredited Employer Work Visa (AEWV)
Introduced in July 2022, the AEWV is now the main work visa pathway for migrants offered employment in NZ. It replaced several older visas, including the Essential Skills Work Visa.
The AEWV is a three-check process:
| Check | What It Means |
|-------|--------------|
| Employer accreditation | Employer must be accredited by Immigration NZ (INZ) before offering AEWV roles |
| Job check | The job must meet pay and skill thresholds, and the employer must show no NZ worker is available for the role (unless on the Green List) |
| Migrant check | The worker must meet identity, health, character and skill requirements |
A core requirement is that AEWV roles must pay at least the median wage threshold set by INZ (updated periodically — check immigration.govt.nz for the current rate). Some sector exemptions apply, especially for tourism, hospitality, and care work.
Visa Conditions — What You Can and Cannot Do
Every NZ work visa comes with conditions printed on the visa label or letter. Common conditions include:
Breaching visa conditions is serious. It can lead to visa cancellation, deportation, and difficulties applying for future NZ visas. If your employment circumstances change — you are made redundant, you want to move employer, your role changes substantially — talk to a licensed immigration adviser before acting.
Your Employment Rights — Identical to NZ Workers
Once you are working in New Zealand on any valid work visa, the Employment Relations Act 2000, the Holidays Act 2003, the Minimum Wage Act 1983, and the Health and Safety at Work Act 2015 all apply to you in full. This means:
It does not matter what your employment contract says — these rights cannot be contracted out of, and they apply equally to migrants, even if your visa is tied to a specific employer.
Common Migrant Worker Issues
Underpayment and Wage Theft
Paying you less than the minimum wage or the AEWV threshold is illegal. Since the Crimes (Theft by Employer) Amendment Act 2023, intentional non-payment of wages can be a criminal offence punishable by up to one year's imprisonment or a $5,000 fine (individual) or up to $30,000 (company).
You are entitled to be paid:
Excessive Hours and No Breaks
Employers must give you paid breaks: a 10-minute paid rest break and a 30-minute unpaid meal break for a typical 8-hour shift. The exact entitlement depends on your hours — see Employment NZ for the schedule.
Charging for the Job or Visa
It is unlawful for an employer to charge you (or take a kickback) for:
If you paid a "fee" to get a NZ job offer, report it — you may be the victim of a labour exploitation scheme.
If You Are Being Exploited — The Migrant Exploitation Protection Visa
Since July 2021, migrants who report serious workplace exploitation can apply for a Migrant Exploitation Protection Visa (MEPV). This is an open work visa valid for up to 6 months, allowing you to leave the exploitative employer and work elsewhere while authorities investigate.
To qualify, you must:
Report exploitation:
Raising a Personal Grievance as a Migrant Worker
If you are unjustifiably dismissed, harassed, discriminated against, or unfairly disadvantaged at work, you can raise a personal grievance — the 90-day time limit applies from the date of the event (or in some cases, the date you became aware of it).
Steps:
A successful personal grievance can result in compensation for lost wages, compensation for hurt and humiliation, and in some cases reinstatement.
Changing Employers — Variation of Conditions
If you are on an employer-specific AEWV and want to change employer, you generally need to apply for a variation of conditions through Immigration NZ. Your new employer must also be accredited.
Do not start working for a new employer until your variation is approved — that is a breach of visa conditions and can put your immigration status at risk.
If You Lose Your Job
A redundancy or dismissal can affect your visa. The general timeline:
If you are made redundant, you still have employment rights — fair process, notice, holiday pay owed, and the right to raise a grievance if the redundancy was not genuine.
Useful Contacts for Migrant Workers
Quick Reference — Key Facts for Migrant Workers in NZ
| Topic | Key Point |
|-------|-----------|
| Main visa | Accredited Employer Work Visa (AEWV) since July 2022 |
| Employment law | Same rights as NZ workers — cannot be contracted out of |
| Personal grievance time limit | 90 days from the event |
| Minimum wage | Set by Minimum Wage Act — updated annually each April |
| Median wage threshold | Set by INZ, applies to most AEWV roles |
| Migrant Exploitation Visa | Available since July 2021 for reported exploitation victims |
| Wage theft | Criminal offence since 2023 — up to 1 year imprisonment |
| Variation of conditions | Required before changing employer on most AEWVs |
LexNZ provides legal information only — not legal advice. For your specific situation, consult a licensed NZ immigration adviser or employment lawyer. For free advice, contact your local Community Law Centre.