Work visa definitions

At a glance

The Work Instructions define key terms used throughout all work visa categories. [W2.2]

• Work means any activity undertaken for gain or reward, with specific exclusions such as certain business visits, official diplomatic work, recognised scholarships, guests of government, accredited visiting media, arts festivals, and volunteer work for the Department of Conservation. [W2.2.1]
• Gain or reward includes any payment or benefit valued in money; the definition also covers self-employment. [W2.2.1]
• Work in New Zealand includes activities on vessels, artificial islands, installations or structures within the territorial sea, exclusive economic zone or continental shelf, and on board New Zealand‑registered craft engaged in operations in those zones, regardless of where the payment originates. [W2.2.5]
• Full‑time employment means at least 30 hours per week for the purpose of all work instructions, unless a specific instruction states otherwise. [W2.2.10]
• The New Zealand market rate is the rate a New Zealand citizen or residence class visa holder would need to be paid to recruit them into equivalent work, assessed by factors including industry pay, collective agreements, region, and experience. [W2.2.15]

Definition

W2.2.1 – Definition of ‘work’

Work means any activity undertaken for gain or reward. It does not include: [W2.2.1]

• visits by persons undertaking business activities detailed in V3.5(b);
• official business in the service of any government, or of any inter‑governmental or international organisation entitled to privileges and immunities under the Diplomatic Privileges and Immunities Act 1968 (see H2);
• study or training under a scholarship or other award recognised by the Minister;
• visits by guests of government (status granted by the Visits and Ceremonial Office, Department of Internal Affairs);
• visits by persons meeting the special requirements under V3.55, V3.85, V3.130, V3.140 or V3.150;
• volunteer work for the Department of Conservation. [W2.2.1]

“Gain or reward” includes any payment or benefit that can be valued in terms of money, such as board and lodging, goods (e.g., food or clothing) and services (e.g., transport). [W2.2.1]

Note: The definition does not require the person to be an ‘employee’ – it also covers self‑employment. [W2.2.1]

W2.2.5 – Definition of ‘New Zealand’ for work purposes

A person is considered to be undertaking work in New Zealand if at any time they are working: [W2.2.5]

• on or in relation to any craft, artificial island, installation, or structure anywhere within the territorial sea of New Zealand; or
• on or in relation to any artificial island, installation, or structure anywhere within the exclusive economic zone of New Zealand or on or above the continental shelf of New Zealand; or
• on board any craft that is registered in New Zealand and is engaged in activities anywhere within the New Zealand exclusive economic zone or on or above the New Zealand continental shelf. [W2.2.5]

This applies whether or not a New Zealand or overseas resident provides the payment or benefit for the activity. [W2.2.5]

W2.2.10 – Definition of ‘full‑time employment’

Unless a specific instruction provides otherwise, full‑time employment is at least 30 hours of work per week for the purpose of all work instructions. [W2.2.10]

W2.2.15 – Definition of ‘New Zealand market rate’

For the purposes of work instructions (except WH1 Recognised Seasonal Employer instructions), the New Zealand market rate is the rate of pay which would be required to recruit a New Zealand citizen or residence class visa holder to do equivalent work. [W2.2.15]

When assessing the market rate, immigration officers may consider (among other things): [W2.2.15]

• the typical rate of pay a New Zealand citizen or residence class visa holder receives for equivalent work;
• rates of pay in collective agreements for the relevant industry;
• the region of employment;
• the period of employment;
• the other terms and conditions of employment (such as hours of work);
• the level of training and experience required for the position. [W2.2.15]

Effective 20/04/2026

Application in decisions

The definitions in W2.2 are foundational to all work visa assessments. When an immigration officer evaluates a work visa application, they apply these definitions to determine:

• whether the proposed activity constitutes “work” requiring a work visa, or falls within an exclusion [W2.2.1]
• whether the employment meets the full‑time threshold of 30 hours per week, unless a specific instruction sets a different standard [W2.2.10]
• whether the remuneration offered is at or above the New Zealand market rate, which is a core requirement in many work visa categories such as the Accredited Employer Work Visa [W2.2.15]
• whether the work is considered to be performed in New Zealand for jurisdictional and visa‑condition purposes, including offshore installations and vessels [W2.2.5]

These definitions operate in conjunction with the specific criteria of each work visa category. For example, when a labour market test requires an employer to show that no New Zealand worker is available, the “market rate” definition informs the salary that must be offered. [W2.2.15]

Interpretation & edge cases

• The list of exclusions from “work” is exhaustive. Any activity for gain or reward that does not fall within one of the specified exclusions requires a work visa (or another temporary entry class visa with work conditions). [W2.2.1]
• Volunteer work is included in the definition of work unless it is specifically for the Department of Conservation. Other volunteer roles may therefore require work authorisation if they confer a benefit that can be valued in money — for example, free accommodation or meals. [W2.2.1]
• Self‑employment is explicitly captured. A person running their own business or contracting their services in New Zealand is “working” and must hold a visa permitting that activity. [W2.2.1]
• The definition of “work in New Zealand” is broad and extraterritorial in certain respects. Work on a New Zealand‑registered vessel on the continental shelf or in the EEZ is New Zealand work even if the vessel never enters a New Zealand port. The source of the payment is irrelevant. [W2.2.5]
• The 30‑hour full‑time threshold is a floor, not a ceiling. Specific instructions may require higher hours or accept fewer hours in exceptional cases, but the default remains 30 hours. [W2.2.10]
• The market rate assessment is a multi‑factored and discretionary evaluation. Immigration officers are not limited to the listed factors and may take into account any relevant evidence. Advisers should provide comprehensive salary survey data, collective agreements, and job‑advertisement evidence to support the market rate claimed. [W2.2.15]
• The Recognised Seasonal Employer (RSE) instructions (WH1) are the only exception to the market rate definition. All other work instructions, including the Accredited Employer Work Visa and Specific Purpose Work Visa, use the W2.2.15 definition. [W2.2.15]

Citations

• W2.2 — Definitions
• W2.2.1 — Definition of ‘work’
• W2.2.5 — Definition of ‘New Zealand’ for work purposes
• W2.2.10 — Definition of ‘full‑time employment’
• W2.2.15 — Definition of ‘New Zealand market rate’