Entitlement to work in New Zealand

Can an employer ask me if I am entitled to work in New Zealand?

Yes, as it is unlawful for employers to take on employees who are not entitled to work in New Zealand. Either in the job interview or on the application form all applicants should be asked whether they are entitled to work here, though not about their country of origin. The job applicant’s answer should confirm that the applicant is a New Zealand citizen, or a permanent resident, or has a current work permit.

What evidence of entitlement to work in New Zealand can an employer require a job applicant to produce?

Employers should seek evidence of entitlement to work in New Zealand before making an offer of employment. Employers may, but need not, ask for documentation such as passports, birth certificates, citizenship certificates or residence permits, or Australian residence return visas.

New Zealand citizens (including people from the Cook Islands, Niue, and Tokelau) and Australian citizens do not need a permit to work in New Zealand and nor do residents of New Zealand and Australia.

A New Zealand passport, birth certificate, citizenship certificate or residence permit shows that a job applicant is entitled to work in New Zealand. An Australian passport, Australian permanent residence visa or Australian resident return visa is also proof of entitlement to work in New Zealand.

The passports of job applicants not from New Zealand, the Cook Islands, Niue, Tokelau or Australia will need to have either a New Zealand residence permit or work permit label or stamp to provide proof of entitlement to work in New Zealand.

The Department of Labour is able to provide detailed information about entitlement to work in New Zealand; telephone 0508 55 88 55; or visit the Department’s website www.immigration.govt.nz