How did INZ investigate employer breaches of employment standards

Maria van Kleef made this Official Information request to Immigration Advisers Authority

The request was partially successful.

From: Maria van Kleef

Dear Immigration Advisers Authority,

Regarding my e-mail Wednesday, 5 September 2018 11:45 PM To: I Lees-Galloway Subject: Re: Immigration.
Under INZ, any breaches of employment standards can mean an employer won’t be able to recruit migrant workers. If you receive a sanction for a breach of employment standards, you’ll be placed on a list of non-compliant employers and unable to support visa applications for a set period.
As compliance with NZ employments is a requirement under INZ employer obligations, I would like to know what steps were taken by INZ between the 6-21 Sept to investigate and ensure the company I referred to in my e-mail was compliant with NZ Employment laws before being allowed to recruit workers.
Under the OIA I respectively request copies of all correspondence, memos, e-mails etc. regarding my e-mail on the 5 September 2018. Specifically, whether it was followed up and if so, who followed it up and how? How did INZ conclude the company in question was fit to recruit workers?
Are contracts and compliance with the law checked before making businesses accredited employers? Does INZ collect data on the actual job applications and reasons for declining them. Does anyone cross reference mediation data i.e. why it is required, to expose repeat offending by certain individuals? What checks are currently in place and are they followed?

Yours faithfully

Maria van Kleef

Link to this

Immigration Advisers Authority

We aim to respond to your email within 2 business days. If you have an
urgent request, please call us on 0508 422 422.

At the Immigration Advisers Authority we can help you:

* search for a licensed immigration adviser using our [1]online register

* apply for, renew or upgrade your immigration adviser licence

* report someone giving immigration advice without a licence.

We cannot help you:

* with your visa immigration matter
* choose an adviser or recommend one licensed immigration adviser above
another.

Please note we do not respond to personal immigration queries. These
should be directed to Immigration New Zealand, an immigration adviser or
an exempt person. Exempt people include New Zealand lawyers.

To discuss your immigration status or check the progress of your visa
application, you can:

[2]Contact Immigration New Zealand

Kind regards,

Immigration Advisers Authority

Contact Details:

Freephone (New Zealand only) 0508 422 422

Phone (outside New Zealand) +64 9 925 3838

 

[3]www.govt.nz - your guide to finding and using New Zealand government
services

--------------------------------------------------------------------------

Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
attachment from your computer.

--------------------------------------------------------------------------

References

Visible links
1. http://www.iaa.govt.nz/adviser-register
2. http://www.immigration.govt.nz/migrant/g...
3. http://www.govt.nz/

hide quoted sections

Link to this

From: Ministerial Services

 

 

Ref: 1819-0697

 

Dear Ms van Kleef

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 01 November 2018 requesting under the Official
Information Act 1982 (the Act), the following:

> Regarding my e-mail Wednesday, 5 September 2018 11:45 PM To: I
Lees-Galloway Subject: Re: Immigration.

> Under INZ, any breaches of employment standards can mean an employer
won’t be able to recruit migrant workers. If you receive a sanction for a
breach of employment standards, you’ll be placed on a list of
non-compliant employers and unable to support visa applications for a set
period.

> As compliance with NZ employments is a requirement under INZ employer
obligations, I would like to know what steps were taken by INZ between the
6-21 Sept to investigate and ensure the company I referred to in my e-mail
was compliant with NZ Employment laws before being allowed to recruit
workers.

> Under the OIA I respectively request copies of all correspondence,
memos, e-mails etc. regarding my e-mail on the 5 September
2018.  Specifically, whether it was followed up and if so, who followed it
up and how? How did INZ conclude the company in question was fit to
recruit workers?

> Are contracts and compliance with the law checked before making
businesses accredited employers? Does INZ collect data on the actual job
applications and reasons for declining them. Does anyone cross reference
mediation data i.e. why it is required, to expose repeat offending by
certain individuals? What checks are currently in place and are they
followed?

 

Your request is being processed in accordance with the Act and a response
will be sent to you in due course. If you have any enquiries regarding
your request feel free to contact us via email [email address] or using
the contact details below.

 

Yours sincerely,

Alan Witcombe

MANAGER, MINISTERIAL SERVICES

Corporate, Governance and Information

Ministry of Business, Innovation and Employment

Level 4, 15 Stout Street, PO Box 1473, Wellington 6140

 

[1]www.govt.nz - your guide to finding and using New Zealand government
services

--------------------------------------------------------------------------

Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
attachment from your computer.

--------------------------------------------------------------------------

References

Visible links
1. http://www.govt.nz/

hide quoted sections

Link to this

From: Claire Owens


Attachment Signed response.pdf
247K Download View as HTML

Attachment 23112018134143 0001.pdf
2.9M Download View as HTML


Dear Maria

 

Please find attached the response to your OIA request dated 1 November
2018.

 

Kind regards

 

Claire Owens

BUSINESS ADVISOR

 

Operations Support, Immigration New Zealand

Ministry of Business, Innovation & Employment

 

[1][email address]

15 Stout Street, PO Box 1473, Wellington 6011

 

 

On 1/11/2018 8:36 p.m., Maria van Kleef
"[FOI #8978 email]" wrote:

> Dear Immigration Advisers Authority,

>

> Regarding my e-mail Wednesday, 5 September 2018 11:45 PM To: I
Lees-Galloway Subject: Re: Immigration.

> Under INZ, any breaches of employment standards can mean an employer
won’t be able to recruit migrant workers. If you receive a sanction for a
breach of employment standards, you’ll be placed on a list of
non-compliant employers and unable to support visa applications for a set
period.

> As compliance with NZ employments is a requirement under INZ employer
obligations, I would like to know what steps were taken by INZ between the
6-21 Sept to investigate and ensure the company I referred to in my e-mail
was compliant with NZ Employment laws before being allowed to recruit
workers.

> Under the OIA I respectively request copies of all correspondence,
memos, e-mails etc. regarding my e-mail on the 5 September
2018.  Specifically, whether it was followed up and if so, who followed it
up and how? How did INZ conclude the company in question was fit to
recruit workers?

> Are contracts and compliance with the law checked before making
businesses accredited employers? Does INZ collect data on the actual job
applications and reasons for declining them. Does anyone cross reference
mediation data i.e. why it is required, to expose repeat offending by
certain individuals? What checks are currently in place and are they
followed?

>

> Yours faithfully

>

> Maria van Kleef

>

> -------------------------------------------------------------------

>

> This is an Official Information request made via the FYI website.

>

> Please use this email address for all replies to this request:

> [FOI #8978 email]

>

> Is [Immigration Advisers Authority request email] the wrong address for Official Information requests
to Immigration Advisers Authority? If so, please contact us using this
form:

>
https://fyi.org.nz/change_request/new?bo...

>

> Disclaimer: This message and any reply that you make will be published
on the internet. Our privacy and copyright policies:

> https://fyi.org.nz/help/officers

>

> If you find this service useful as an Official Information officer,
please ask your web manager to link to us from your organisation's OIA or
LGOIMA page.

>

>

> -------------------------------------------------------------------

>

>

 

[2]www.govt.nz - your guide to finding and using New Zealand government
services

--------------------------------------------------------------------------

Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
attachment from your computer.

--------------------------------------------------------------------------

[3]www.govt.nz - your guide to finding and using New Zealand government
services

--------------------------------------------------------------------------

Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
attachment from your computer.

--------------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. http://www.govt.nz/
3. http://www.govt.nz/

hide quoted sections

Link to this

Things to do with this request

Anyone:
Immigration Advisers Authority only: