Unclear Section 49(1) conditions

Mr Arora made this Official Information request to Ministry of Business, Innovation & Employment

The request was successful.

From: Mr Arora

Dear Ministry of Business, Innovation & Employment,

I recently received my Residency VISA, which came along with Section 49(1) condition mentioned

“ Section 49(1) conditions
Your resident visa is subject to the following conditions under Section 49(1) of the Immigration Act 2009:
• If you have an offer of skilled employment, you must take up the employment within three months of the grant of your resident visa. You must then remain in that employment for at least 12 months
If you take up different employment from the position of employment you included in your residence application, your new position must meet all the skilled employment requirements (and the requirements for any bonus points awarded) as the position included in your application.”

I have few questions about the condition:

1. The condition clearly mentions that i cannot change job until 12 months, is this 12 months from my job start date or the date i received my residency visa? Because i started my job 3 months before receiving my residency.
2. Even though it mentions i cannot change jobs for 12 months, it’s states if i change jobs it must meet all of the same skilled requirements, so can i change jobs before completing 12 months provided the new employment role is with same requirements or i must not switch?

I read several resources online but nothing matched my situation

Please advice

Yours faithfully,
Mr. Arora

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Ministry of Business, Innovation & Employment

Kia Ora,
Thank you for contacting us.
To be able to provide the best advice to you, I will need to access your file. Unfortunately, I do not have sufficient information to locate your file in our system.
I can only provide you general information.
The conditions on the Resident Visa that the client must remain in skilled employment for either 3 or 12 months. These months are counted from the date the skilled employment began, not the start date of the visa.
centre on 09 914 4100 or 0508 558 855
Immigration Contact Centre, Te Whakatairanga Service Delivery
Ministry of Business, Innovation and Employment (MBIE)
64 (9) 914 4100
PO Box 1473, Wellington, New Zealand

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