The Ministry of Business, Innovation and Employment's (MBIE) recent announcement of initiating post-accreditation audits for Accredited Work Visa employers should put accredited employers on high alert.

When the Accredited Employer Work Visa (AEWV) scheme was launched, due to a lack of resources at Immigration New Zealand (INZ), the government chose to fast track the visa process by adopting a declaration-based compliance process. This allowed businesses to demonstrate their 'trustworthiness' across several areas, such as labour law compliance, human resources, worker training, benefits, and pay, without providing proof of documents upfront.

The upcoming audits emphasise the risks faced by businesses that may have taken advantage of the simplified application process without fully gathering and retaining the necessary documentation.

If you fail to provide evidence of the relevant documentation required, your business could have its accreditation status suspended or revoked. In more serious cases where false or misleading declarations have been made, you may be prosecuted.

To navigate these audits and ensure compliance, businesses must be proactive in meeting accreditation requirements. "Good record-keeping practices and seeking expert guidance in immigration law can help businesses mitigate potential problems before they arise," suggests Martin.

Yet Another Compliance Programme

Over the last few years, Immigration New Zealand has struggled to process work visas for the much-needed migrant workforce, citing insufficient staff to handle the applications.

There was even discussion by Chris Hipkins, of seconding staff from the Department of Internal Affairs to help expedite the process. Now, MBIE is burdening businesses with yet another extensive compliance programme, leading to questions about the sudden availability of resources to conduct the audits and what this will do to our already painfully slow immigration processes.

Martin advises businesses to act now to ensure compliance: "If you are an accredited employer, you have a limited window of time to get your house in order."

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