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Extra Compliance Requirements: AEWV Employers and Controlling Third Parties

Ensuring Accountability: Extra Requirements for AEWV Employers with Controlling Third Parties

If you are an employer, such as a labor hire company or parent or umbrella company, that places migrants with controlling third parties, there are extra requirements you need to be aware of. The requirements include AEWV (Accredited Employer Work Visa) employers who place people with controlling third parties.

Some examples of these employers include labour hire companies and parent or umbrella companies placing their migrant workers with a separate legal entity, such as employers who temporarily assign their migrant employees to a controlling third party and a subsidiary company or branch.

It is crucial to note that these controlling third parties must be compliant. As an employer, you must have robust systems to monitor these controlling third parties’ employment and safety conditions.

Compliance: Controlling Third Parties

To ensure compliance, you must respond appropriately to any issues raised or identified that may affect the migrant workers. Additionally, it would help if you only placed migrants who have Accredited Employer Work Visas with controlling compliant third-party businesses.

A compliant controlling third-party business must ensure that your business meets the following criteria:

  • Not listed on any stand-down lists.
  • Declare that you are not subject to an immigration stand-down or permanent ban.
  • Declare that you are unaware of any immigration issues that would prevent your accreditation.

Please note if you are placing AEWV holders in specific construction sector occupations, 35% of your workforce must be New Zealand citizens or residents in full-time employment. If your AEWV accreditation was obtained before 27 November 2023, you must maintain a 15% threshold for the NZ workforce and meet the new 35% threshold for further job checks.

A Safety Monitoring Plan

Include a comprehensive safety monitoring plan with your accreditation application. This plan should document how you will ensure the safety and employment conditions of migrants. Additionally, upload a documented complaint and resolution process to support your application.

The plan should include the following:

  • Establish a process to verify that the controlling third party has an NZBN (New Zealand Business Number) and is not on the Labour Inspectorate Stand Down List before placing AEWV holders.
  • Develop a procedure to obtain declarations from the controlling third party before placing AEWV holders, confirming that their key people have no employment and immigration breaches or pending cases that could result in such breaches.
  • Include a provision in the plan for obtaining agreement from the controlling third party, allowing Immigration New Zealand to conduct site visits and requiring the third party to maintain records to be shared with you.

Placement of AEWV Holder in Employment

Before placing the AEWV holder, you must:

  • Evaluate the third party’s documentation outlining their strategies to avoid and address workplace bullying, including a complaints process for AEWV holders to report incidents and a protocol for resolving and addressing issues.
  • Review the third party’s risk assessment and prevention documentation, including a risk register.
  • Assess the third party’s health and safety induction process.
  • Provide pertinent information to the third party regarding the visa conditions and terms of employment for AEWV holders.
  • Examine the third party’s complaints and dispute resolution process.
  • Furnish the AEWV holder with a transparent complaints process and guidance on reporting issues directly to you.
  • Secure declarations from the third party and its key individuals, confirming that they are not subject to any stand-down period or permanent ban for specific offenses under the Immigration Act or Crimes Act and that they will notify you if prosecuted for such offenses after the AEWV holders have been placed.

Essential Measures: AEWV Holders Compliance and Protection

Regarding immigration, it’s essential to be aware of the specific offenses that can result in a stand-down period or permanent ban. Here are the measures you must take to ensure compliance and protect your AEWV holders:

  • Obtain agreement from the third party that Immigration New Zealand will conduct a site visit and that the third party will maintain records to provide to you.
  • Get declarations from the third party confirming that they will only require or force AEWV holders to work within their visa conditions.
  • Obtain declarations from the third party, ensuring that the AEWV holders’ employment terms and conditions align with health and safety standards.
  • Verify that the third party has an NZBN (New Zealand Business Number) and is not on the Labour Inspectorate Stand Down List for employment standard breaches.
  • Seek declarations from the controlling third party stating that their personnel have no employment or immigration breaches or pending cases that could result in such breaches before placing the AEWV holders.

These measures are mandatory for all controlling third parties where AEWV holders are to be placed.

Conducting ongoing checks and maintaining contact with AEWV holders is equally essential. The frequency of contact should be at least once per fortnight for the first two months of placement and then at least once per month afterward. However, more frequent contact may be necessary in certain situations, such as placements lasting less than a month or ongoing disputes or complaints.

Site visits are required at least once every six months. If there is evidence that the risk of the third-party breaching requirements is low, visits may be done less frequently.

If any employment or safety issues arise, it’s crucial to investigate and address them promptly. This may involve working with the controlling third party to resolve issues or, in more severe cases, removing the migrants from their care. Seeking external assistance and reporting significant breaches to the relevant authority may be necessary.

By following guidelines, we can ensure the best possible outcome for AEWV holders and maintain compliance with immigration regulations. Contact us today for expert immigration consultancy services at a fair and reasonable price.


New rules for AEWZ Visa NZ include the removal of 90 days trial periods in employment agreements; the job check applications will be declined if the applications include the employment agreement with a trial period, if there is an active verification of the employer’s compliance with immigration, business standards, and employment, by another regulation or INZ, the employer’s accreditation can be suspended, increased in processing time, and changes in labour hire employment threshold.

The controlling third party must maintain records detailing which organisation each AEWV holder is placed with including, but not limited to, start and finish dates, the working locations, hours paid and hours worked (this includes hours for salaried AEWV holders).

INZ may revoke controlling third-party accreditation if it determines you no longer meet the requirements.

Author Details

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Vandana Rai

(LIA 201400900)

Vandana Rai is a Senior Licensed Immigration Adviser and has built a reputation around her rare set of skills, which could be considered ideal for her legal profession.

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