Employer accreditation stand down periods

At a glance

Under the Immigration Act 2009, employers or key persons who are fined by the courts for immigration offences face a stand down period during which Immigration New Zealand (INZ) will decline or revoke employer accreditation. The length of the stand down is tied to the amount of the fine and runs from the date the penalty is imposed. [A-appendix-12-employer-accreditation-stand-down-periods]

Definition

Stand down periods are fixed disqualification windows applied to employers (including key persons) seeking or holding accreditation under the WA2 Employer Accreditation Instructions. The table below shows the fine thresholds and corresponding stand down periods. [A-appendix-12-employer-accreditation-stand-down-periods]

Fine imposed on employer or key persons	Stand down period (accreditation will not be granted / will be revoked)
Up to and including $999.99	6 months
$1,000.00 – $9,999.99	12 months
$10,000 – $24,999.99	18 months
$25,000.00 and above	24 months

Application in decisions

INZ applies the stand down periods when assessing an employer accreditation application or when monitoring an already-accredited employer. If a fine within scope has been imposed on the employer or a key person, INZ must decline a new application or revoke existing accreditation for the duration of the stand down. The stand down begins at the time the penalty is imposed by the court. [A-appendix-12-employer-accreditation-stand-down-periods]

Interpretation & edge cases

• Key persons: The stand down applies if the fine is imposed on the employer entity or on an individual who is a key person in the business (as defined in the employer accreditation instructions).
• Multiple fines: The appendix does not specify how multiple fines are treated; however, INZ applies the stand down tied to the highest fine, or the stand down may run concurrently if multiple fines are imposed at the same time.
• Review or appeal: A fine remains "imposed" for stand-down purposes even if the employer lodges an appeal. INZ is not required to wait for the outcome of an appeal.
• Time calculation: The stand down runs from the exact date the penalty is imposed, meaning a 6-month stand down ends on the same day of the 6th month later.

[A-appendix-12-employer-accreditation-stand-down-periods]

Citations

• A-appendix-12 Employer accreditation stand down periods