Recognised Seasonal Employer (RSE) Visa

At a glance

The Recognised Seasonal Employer (RSE) scheme allows accredited horticulture and viticulture employers to recruit non-New Zealand workers for seasonal planting, maintaining, harvesting, and packing work when labour demand exceeds the available New Zealand workforce [WH1.1]. The scheme includes preferential access for workers from eligible Pacific countries, an annual visa cap of 20,750, and strict compliance requirements for employers [WH1.1].

Historical context: The Recognised Seasonal Employer (RSE) Visa was a temporary work visa scheme that enabled horticulture and viticulture employers to recruit non-New Zealand workers for seasonal labour shortages [WH1]. The scheme was in effect until 25 November 2007, after which the operational instructions were removed from the current INZ manual and archived.

RSE status requirements

For the purpose of these instructions, a Recognised Seasonal Employer (RSE) is a New Zealand employer whose core area of business is horticulture or viticulture and who has had an application for RSE status approved by INZ [WH1.5]. An RSE can then apply for an Agreement to Recruit (ATR) to recruit non-New Zealand workers under the RSE Instructions [WH1.5].

Definition of a New Zealand employer

A New Zealand employer under the RSE Instructions is one that has the power to enter into employment agreements and is:

• a natural person ordinarily resident in New Zealand; or
• a company incorporated in New Zealand and carrying on business in New Zealand; or
• an overseas company registered under the Companies Act 1993 and carrying on business in New Zealand; or
• an incorporated society incorporated in New Zealand [WH1.5].

Criteria for RSE status

INZ may grant RSE status if satisfied that the employer (including any associated person who can influence recruitment, employment, or supervision):

• is a New Zealand employer as defined [WH1.5];
• is in a sound financial position [WH1.5];
• has human resource policies and practices of a high standard that promote worker welfare and include dispute resolution processes [WH1.5];
• has a demonstrable commitment to recruiting New Zealanders [WH1.5];
• has a demonstrable commitment to training New Zealanders [WH1.5];
• has good workplace practices and a history of compliance with immigration and employment law, including meeting requirements under the Accident Compensation Act 2001, Employment Relations Act 2000, Equal Pay Act 1972, Health and Safety at Work Act 2015, Holidays Act 2003, Immigration Act 2009, Minimum Wage Act 1983, Parental Leave and Employment Protection Act 1987, and Wages Protection Act 1983 [WH1.5];
• will meet the ongoing RSE obligations set out below [WH1.5];
• has not been convicted at any time of an offence under sections 98 (Dealing in slaves), 98C (Smuggling migrants), or 98D (Trafficking in persons) of the Crimes Act 1961 [WH1.5].

Applicants must consent to INZ seeking information from other Ministry of Business, Innovation and Employment services, the Ministry of Social Development, Inland Revenue, the Accident Compensation Corporation, the New Zealand Council of Trade Unions, and any relevant unions, agencies, and industry bodies. If consent is not given, the application may be declined [WH1.5].

Ongoing obligations for RSEs

Once approved, an RSE must:

• take all reasonable steps to recruit and train New Zealanders for available positions before seeking to recruit non-New Zealand workers [WH1.5];
• not use a recruitment agent who seeks a commission from workers in exchange for securing employment [WH1.5];
• pay half the return airfare between New Zealand and the worker's country of residence for each worker recruited, or between Nadi (Fiji) and New Zealand for citizens of Tuvalu or Kiribati normally resident there, unless a specified exception applies [WH1.5];
• comply with employment agreement requirements for minimum remuneration, sick leave, pay deductions, and accommodation cost recovery as set out in the RSE Instructions [WH1.5];
• make available appropriate pastoral care (including food, clothing, access to health services, and suitable accommodation) at a reasonable cost during the workers' visas [WH1.5];
• promptly notify INZ if any RSE worker breaches visa conditions [WH1.5];
• promptly notify INZ of any dispute resulting in suspension or dismissal of an RSE limited visa holder [WH1.5];
• not engage a contractor who does not have good workplace practices and who employs non-New Zealand workers [WH1.5];
• have direct responsibility for the daily work output and supervision of RSE workers, except for temporary transfers to another RSE under the conditions described below [WH1.5];
• pay up to NZ$3,000 per worker to MBIE for repatriation, maintenance, and accommodation costs if repatriation is required because the worker breached visa conditions [WH1.5];
• on request, disclose to MBIE all payments received from RSE workers (including airfares, accommodation, and pastoral care) [WH1.5];
• take all reasonable steps to find full-time work for the duration of each RSE worker's visa, including by finding work with other RSE employers if necessary [WH1.5];
• note that, for applications submitted before 27 January 2025 that have not been decided, or approved before that date, employees involved in recruitment or management of RSE workers are no longer required to complete all Employment New Zealand employer e-modules [WH1.5].

Temporary supervision arrangements

An RSE is not required to have direct daily supervision when workers are temporarily working at another RSE's worksite (the recipient RSE), if the recipient RSE agrees to take on those responsibilities. The first RSE remains accountable for all other obligations. This arrangement may only occur when:

• the total period on the recipient RSE's site is one month or less;
• the worksite is within the same region as the ATR held by the first RSE, or the workers are temporarily relocating for repatriation; and
• the first RSE has notified INZ in advance [WH1.5].

Compliance and non-compliance

Employers (including associated persons) will be considered non-compliant if they fail to meet the employment and immigration law requirements set out in the generic work visa instructions or if they appear on the Ministry of Business, Innovation and Employment list of non-compliant employers [WH1.5].

Decision factors for RSE status applications

INZ assesses applications by considering factors such as:

• the period the employing organisation has been established;
• engagement with the Ministry of Social Development – Work and Income;
• engagement with an Industry Training Organisation;
• membership in relevant industry bodies (e.g., Horticulture New Zealand, NZ Wine);
• certification by quality standard organisations (e.g., NZ GAP);
• whether the criteria and obligations in WH1.5.5(a) and (b) are met and are likely to be met;
• whether any previous immigration instruction breaches have been remedied [WH1.5].

INZ must be satisfied that application documents are genuine and accurate and may take any necessary verification steps, including site visits [WH1.5]. INZ may consult with other government agencies and industry bodies. If commercially sensitive information is provided in confidence, INZ may seek consent for disclosure and may decline the application if consent is withheld [WH1.5]. Adverse information received through consultation will be put to the employer before a decision is made [WH1.5]. An application will be declined if granting RSE status would create unacceptable risks to the integrity of immigration or employment laws or policies [WH1.5].

Evidential requirements

Examples of evidence the employer may provide include:

• financial: a signed statement of creditworthiness, a chartered accountant's confirmation, or audited accounts showing a sound financial position [WH1.5];
• human resources: a copy of the HR manual or a written description covering recruitment, worker checks, remuneration, dispute resolution, and health and safety practices [WH1.5];
• commitment to training: records of in-house training, involvement with an Industry Training Organisation, or funding for external courses [WH1.5];
• commitment to recruiting New Zealanders: descriptions of recruitment steps in the previous 12 months, advertising, letters of support from industry bodies, and communication records with Work and Income [WH1.5];
• efforts to find full-time work for RSE workers, including with other RSE employers [WH1.5];
• if applicable, evidence that any past immigration instruction breach has been remedied [WH1.5].

Note: The provision or non-provision of any specific example is not determinative [WH1.5].

Rescinding RSE status

INZ may rescind RSE status if there is a breach (other than of a minor nature) of RSE or ATR requirements or undertakings, if the employer's conduct creates an unacceptable risk to immigration or employment laws or policies, or if the employer breaches undertakings related to special directions for RSE limited visa holders [WH1.5]. After rescission, no further applications can be approved for one year [WH1.5]. Any rescission decision must be approved by an INZ Head of Operations in consultation with their Operations Director [WH1.5].

Reconsideration of declined applications

There is no statutory right of appeal against a declined RSE status application [WH1.5]. INZ may reconsider a declined application if a written request is made and any new information (not amounting to a completely new application) is promptly provided [WH1.5].

Currency and subsequent applications

Initial RSE status may be granted for two years. If a subsequent application is successful and the employer previously held RSE status without it being rescinded, the new status may be granted for three years [WH1.5]. If a subsequent application is accepted while current RSE status is held, that status continues until the new application is decided, unless rescinded in the interim [WH1.5].

Applying for RSE status

Applications must be made in New Zealand on the Application for Recognised Seasonal Employer Status (INZ 1140) form, accompanied by the prescribed fee and evidence that the employer meets the requirements at WH1.5.5 [WH1.5].

Agreement to Recruit (ATR)

An Agreement to Recruit (ATR) is an approval for a Recognised Seasonal Employer (RSE) to offer seasonal employment in planting, maintaining, harvesting, and packing crops to non–New Zealand citizen or residence class visa holder workers. INZ grants an ATR only where demand for such workers in the horticulture and viticulture industries cannot be met from the available New Zealand workforce, as assessed in consultation with the Ministry of Social Development [WH1.10].

Requirements for an ATR

An application for an ATR will only be approved if the employer holds RSE status [WH1.10.1]. INZ must be satisfied the employer has taken all reasonable steps to recruit and train New Zealand citizens or residence class visa holders for the positions before seeking the ATR, and evidence supporting the need for an ATR must be provided with each application [WH1.10.1].

Each ATR application must include:

• the region(s) of seasonal demand; and
• the number of workers required; and
• the nature of each position (planting, maintaining, harvesting, or packing); and
• the period for which each position is available (start and end date of employment); and
• the work location; and
• the country or countries from which the employer intends to recruit workers; and
• a copy of the employment agreement that meets the employment agreement requirements set out in WH1.20 [WH1.10.1][WH1.20].

The employment agreement offered to workers must be the same as the one provided to INZ at the ATR stage, unless the terms and conditions are more beneficial to the worker. Compliance with WH1.20 includes updating employment agreements to reflect any increase to the minimum wage that raises the RSE minimum remuneration [WH1.10.1].

Where the RSE intends to recruit workers to undertake work at a third party’s worksite (such as a grower or pack house), written evidence of the arrangement must be provided. Such arrangements do not remove the RSE's obligations (except where WH1.5.5(d) applies) [WH1.10.1].

If two or more RSEs have an arrangement to provide consecutive periods of employment to the same workers, they must submit their separate ATRs for each consecutive period together. INZ may grant a visa allowing work for each RSE if all requirements are met, subject to the maximum stay of seven months in any 11-month period (or nine months for citizens of Tuvalu or Kiribati who are normally resident in those countries) [WH1.10.1].

INZ must be satisfied that the employer will make appropriate pastoral care available. Employers must provide full details of how they plan to address:

• transportation to and from the port of arrival and departure; and
• an induction programme; and
• suitable accommodation; and
• transportation to and from the worksite(s); and
• access to personal banking; and
• access to lawful and reputable remittance services; and
• access to acceptable medical insurance (see WH1.25); and
• provision of personal protective equipment; and
• provision of onsite facilities (toilets, hand washing, first aid, shelter, fresh drinking water); and
• necessary language translation; and
• opportunity for recreation and religious observance [WH1.10.1].

Once an ATR is granted, the RSE must:

• comply with the conditions of the ATR; and
• provide all prospective non–New Zealand workers with a written employment agreement that meets WH1.20; and
• comply with the terms and conditions of the employment agreements; and
• meet the minimum requirements in the employment agreement rules (WH1.20) regarding: paying half the return airfare (between New Zealand and the worker's country of residence, or between Nadi (Fiji) and New Zealand for citizens of Tuvalu or Kiribati, unless an exception applies); minimum remuneration; pay deduction and accommodation cost recovery requirements; and minimum sick leave requirements (noting that any increase to the New Zealand minimum wage from 1 October 2023 raises the minimum remuneration for all RSE workers accordingly to 10 percent above the minimum wage) [WH1.20]; and
• comply with any Ministry audit request; and
• pay to the Ministry any costs reasonably incurred, up to NZ$3,000 per worker, for repatriation (including maintenance and accommodation) if a worker is repatriated due to breach of visa conditions; and
• inform the Ministry of the expected final departure date once outward flight bookings are made; and
• arrange, but not necessarily pay for, acceptable medical insurance (see WH1.25) for the duration of the workers' stay [WH1.10.1].

Where multiple employers apply for ATRs for consecutive periods for the same workers, each must provide full details of how pastoral care and health and safety requirements will be arranged for all periods, including accommodation [WH1.10.1].

Determining an application for an ATR

INZ approves an ATR only when:

• the appropriate regional Work and Income office has been advised of the vacancies; and
• INZ, in consultation with MSD, is satisfied that no suitable New Zealand citizen or residence class visa holder workers are available; and
• sufficient places remain within the annual RSE visa limit (see WH1.1.15); and
• the requirements of WH1.10.1, WH1.10.10, and WH1.10.35 are met [WH1.10.5].

If INZ is not satisfied that the requested number of workers is appropriate, or if the number exceeds the forecast labour shortage for the region and period, INZ may approve a lesser number of workers or a shorter period of work [WH1.10.5]. INZ takes into account the needs of the horticulture and viticulture industries as a whole to ensure no particular region, crop, or season is disadvantaged [WH1.10.5]. Any supporting documentation to verify a regional labour shortage will be considered [WH1.10.5].

INZ must decline an application where the employer (including any associated person who can influence recruitment, employment, or supervision) or any relevant third party has a history of non-compliance with immigration or employment law, including failure to meet the requirements at W2.10.15 and W2.10.20, or is currently included on a list of non-compliant employers maintained by MBIE (see Appendix 10 and Appendix 18) [WH1.10.5]. An application is also declined if the employer or associated person has been convicted of an offence under sections 98 (Dealing in slaves), 98C (Smuggling migrants), or 98D (Trafficking in persons) of the Crimes Act 1961 [WH1.10.5].

Eligible worker nationalities

ATRs are normally granted only for recruitment of citizens from the following eligible Pacific countries who are normally resident in one of those countries: Federated States of Micronesia, Fiji, Kiribati, Nauru, Palau, Papua New Guinea, Republic of Marshall Islands, Samoa, Solomon Islands, Timor-Leste, Tonga, Tuvalu, Vanuatu [WH1.10.10].

Recruitment of citizens of other countries is allowed only if INZ is satisfied that:

• reasonable attempts to recruit from the eligible Pacific countries have not been successful (see WH1.10.15); or
• the RSE has pre-established relationships with workers from countries outside the eligible Pacific list (see WH1.10.20); or
• the RSE has reasonable grounds for why it is not feasible to recruit from the eligible Pacific countries [WH1.10.10].

A request to recruit from outside the eligible Pacific countries must state the country or countries the RSE wishes to recruit from and be accompanied by supporting evidence [WH1.10.10].

Reasonable attempts to recruit from eligible Pacific countries

INZ may consider an RSE to have made reasonable attempts if:

• the RSE has failed, after making genuine and reasonable attempts, to recruit suitable potential workers from the eligible Pacific countries within six weeks of commencing recruitment; and
• evidence of genuine and reasonable attempts is provided, such as a written communication from a National RSE Officer confirming that employing people from those nations is not feasible in the circumstances [WH1.10.15].

Note: If any employment offers provided to workers from the eligible Pacific countries do not meet the criteria in WH1.20, the employer is not considered to have made a reasonable attempt [WH1.10.15].

Pre-established employment relationships with workers of other nationalities

When determining whether an employer has a pre-established relationship with workers who are not citizens of eligible Pacific countries, INZ takes into account factors such as:

• the number of workers employed from each country relative to the total workforce; and
• the number of previous occasions on which workers have been recruited from those countries; and
• the length of time for which those workers were employed; and
• whether the employer has made a substantial investment in establishing formal training opportunities or recruitment processes with workers or communities within those countries [WH1.10.20].

INZ does not take into account employment relationships with workers holding visas granted under the Seasonal Work Permit instructions, a Working Holiday Scheme, the Transitioning to Recognised Seasonal Employer instructions, the Supplementary Seasonal Employment instructions, or on the basis of a Variation of Conditions to a visitor visa [WH1.10.20].

If the employer applies to recruit a greater number of workers from a country not listed in WH1.10.10(a) than the number previously employed from that country, INZ determines whether the number requested is appropriate. In making this determination, INZ may consider factors such as the nature of the pre-established relationship (e.g., substantial investment in training or recruitment) and any attempts the employer has made to develop relationships with the eligible Pacific countries [WH1.10.20].

Reconsideration of declined ATR applications

There is no statutory right of appeal against a decision to decline an ATR application. However, INZ may reconsider a declined application where new information is promptly provided [WH1.10.25].

Applying for an ATR

An ATR application must be made in New Zealand on the Application for an Agreement to Recruit (INZ 1141) form, accompanied by the prescribed fee and supported by evidence that the employer meets the requirements of WH1.10.1 and WH1.10.10 [WH1.10.30].

Worker accommodation must not exacerbate housing pressures

INZ must be satisfied that the accommodation proposed for RSE workers will not exacerbate residential housing pressures [WH1.10.35].

RSE worker accommodation is considered to exacerbate housing pressure if it is a residential house that was not included in an ATR approved before 26 September 2019 and meets the following conditions per region:

• Bay of Plenty and Hawke’s Bay: Accommodation in any residential house, excluding employer-owned houses purchased on or before 26 September 2019.
• Auckland (including Upper Auckland), Marlborough, Nelson/Tasman, Northland, Otago: Accommodation in any residential house, excluding employer-owned houses [WH1.10.35].

For these purposes, “residential house” does not include boarding houses, guest accommodation (such as homestays or similar arrangements), or houses built specifically to provide seasonal worker accommodation [WH1.10.35].

Employment agreement requirements (WH1.20)

All employment agreements between RSEs holding ATRs and non-New Zealand workers must meet the minimum standards in WH1.20 [WH1.20].

Minimum requirements (WH1.20.1)

The agreement must:

1. be in writing, current, and consistent with the terms of any current ATR [WH1.20.1];
2. cover only planting, maintaining, harvesting, or packing crops in horticulture/viticulture [WH1.20.1];
3. be for a period of no more than seven months (nine months for Tuvalu or Kiribati citizens normally resident there, inclusive of internal travel/induction) [WH1.20.1];
4. be genuine [WH1.20.1];
5. specify a per-hour rate consistent with the typical rate paid to a NZ citizen/resident for equivalent work in that period and region [WH1.20.1];
6. if piece rates apply, specify those piece rates, also consistent with the typical NZ worker rate [WH1.20.1];
7. comply with the minimum remuneration rules (WH1.20.5) and pay deduction rules (WH1.20.10) [WH1.20.1];
8. comply with all relevant NZ employment law (Employment Relations Act 2000, Holiday Act, health and safety, etc.) [WH1.20.1];
9. state that the employer pays half the return airfare between NZ and the worker's country of residence (or half Nadi–NZ for Tuvalu/Kiribati workers), unless the worker is transferring from another RSE or is a Tuvalu/Kiribati citizen normally resident there [WH1.20.1];
10. contain the minimum sick leave accrual set out in WH1.20.25 [WH1.20.1].

Minimum remuneration (WH1.20.5)

The employment agreement must guarantee:

• The worker receives no less than the market rate for hours actually worked [WH1.20.5].
• For hours not worked but needed to satisfy minimum remuneration, the per-hour rate is paid [WH1.20.5].
• Total payment meets the relevant minimum below [WH1.20.5].
• The worker is paid at least:
  • the NZ minimum wage for their first two seasons; or
  • minimum wage plus 10% for third and subsequent seasons [WH1.20.5].

Minimum earnings thresholds:

• Agreements of six weeks or longer: the greater of 240 hours at the per-hour rate, or an average of 30 hours per week at the per-hour rate for each four-week period [WH1.20.5].
• Agreements under six weeks: 40 hours per week at the per-hour rate for the period of work offered, regardless of actual availability [WH1.20.5].
• Workers transferring from one RSE to another: an average of 30 hours per week at the per-hour rate for each four-week period; the first RSE remains liable for the period with that RSE [WH1.20.5].

Pay deductions (WH1.20.10)

Deductions from pay are only permissible if:

1. the proposed deduction arrangements have been approved by INZ with the ATR application (and any subsequent changes approved in advance) [WH1.20.10];
2. the deductions comply with NZ employment law, particularly the Wages Protection Act 1983 [WH1.20.10];
3. the worker has given written, freely given consent and is told they can withdraw consent at any time [WH1.20.10];
4. deductions are for a specified purpose and represent actual, reasonable, verifiable expenses [WH1.20.10];
5. the amount deducted is no greater than what is deducted in comparable circumstances from NZ citizen/resident workers [WH1.20.10].

Important: Deductions must not reduce the worker's pay below the minimum wage for hours worked. Accommodation cost deductions are an exception if the cash value is fixed in the agreement and the amount is not unreasonable, or the deduction does not exceed 5% for lodging or 15% for board [WH1.20.10].

Market rate (WH1.20.15)

“Market rate” means the typical rate a NZ citizen or residence class visa holder is paid for equivalent work, in the same period and region, expressed per hour or as a piece rate [WH1.20.15].

Accommodation costs (WH1.20.20)

Any accommodation costs recovered from workers must be:

• actual, reasonable, and verifiable [WH1.20.20];
• no greater than the accommodation costs in the most recent approved ATR [WH1.20.20];
• for ATRs submitted after 31 March 2026, no greater than the applicable weekly limit set in the RSE Accommodation Cost Table (WH1.20.21), unless WH1.20.22 applies [WH1.20.20].

Suitable accommodation must also meet the minimum standards detailed in the INZ 1401 Employer Self-Audit of RSE Worker Accommodation form [WH1.20.20].

RSE Accommodation Cost Table and framework (WH1.20.21)

The table establishes a capped pricing framework. Accommodation must meet all minimum standards; higher levels require progressively more criteria.

Level	Max weekly cost (per worker)	Selected criteria (illustrative—see WH1.20.21 for full list)
Meets minimum standards only	$150	All minimum standards met (bedroom 9m² for 2, +4.5m² per extra person; suitable beds; property kept clean; internet required by pastoral care guide; sufficient washing facilities)
Level 1	$165	Meets min standards + 4/6 Level 1 criteria: avg room occupancy ≤5, max 6; property ≤10 yrs; shower/dressing area ≥1m²; toilet:shower ratio 1:7; no bunk beds or king single if bunk; cleaning materials provided; unlimited internet
Level 2	$180	Meets all Level 1 + 5/6 criteria + 3/5 Level 2 criteria: avg occupancy ≤4, max 5; property ≤10 yrs; untimed showers; external covered access; no bunk beds; weekly cleaning of shared areas; independent Healthy Homes certification
Level 3	$190	Meets all Level 2 + 4/5 criteria + 4/6 Level 3 criteria: avg occupancy ≤3, max 4; property ≤5 yrs; untimed showers; internal access; king single; weekly cleaning + fortnightly linen wash; independent Healthy Homes certification (every 5 years); washing machine & dryer free
Level 4	$211	Meets all Level 3 + 5/6 criteria + 4/6 Level 4 criteria: twin-share only; untimed showers; toilet:shower ratio 1:6; king single; washing machine & dryer free; independent Healthy Homes cert every 5 years

Accommodation cost limits are normally updated each March based on the CPI change for the year ended the previous December [WH1.20.21].

Transitional provisions (WH1.20.22)

Employers who as of 31 March 2026 were charging above the cap under an approved ATR may:

• continue at that amount for up to two years (until 31 March 2028) if the property is unchanged and costs remain actual, reasonable, and verifiable [WH1.20.22];
• must not increase the amount during those two years, including CPI adjustments [WH1.20.22].

If a property ages out of a level and the employer previously qualified, they may continue at the previous rate but cannot increase unless property age is one of the chosen exceptions for that level [WH1.20.22].

Minimum sick leave (WH1.20.25)

Paid sick leave must accrue from day one as follows:

Day 1	1‑month anniversary	2‑month anniversary	3‑month anniversary	4‑month anniversary
2 days	2 days	2 days	2 days	2 days

"Anniversary" means the date the worker began employment [WH1.20.25]. Workers transferring from another RSE must receive the same sick leave entitlement in the new agreement [WH1.20.25].

RSE Limited Visa for workers

All visas granted under the RSE instructions for working for an RSE must be granted as a limited visa [WH1.15]. The RSE limited visa has multi-entry travel conditions and allows the holder to be in New Zealand for the express purpose of undertaking seasonal employment in horticulture and viticulture for a specified RSE, including until repatriation [WH1.15]. "Seasonal work" means planting, maintaining, harvesting, and packing crops in those industries [WH1.15].

Worker eligibility

Applicants for an RSE limited visa must meet the requirements set out in WH1.15.1, including being aged 18 or older, holding an employment agreement with an RSE that holds a current ATR and meets WH1.20 requirements [WH1.15.1][WH1.20], and meeting health, character, and bona fide requirements [WH1.15.1]. The employer and associated persons must not be on a non-compliant employer list or convicted of slavery, smuggling, or trafficking offences [WH1.15.1]. The applicant must be offshore at the time of application [WH1.15.1]. Subsequent RSE limited visas may be granted to workers already in New Zealand who meet the eligibility criteria or who qualify for an extension due to exceptional circumstances [WH1.15.1][WH1.15.6].

Transferring between RSE employers

An RSE limited visa holder may transfer to a different RSE if the worker has a current employment agreement with the new RSE who holds a current ATR, and INZ is satisfied the transfer is consistent with the objectives of the RSE instructions [WH1.15.5]. Transfers may be appropriate where the first employer's RSE status has been rescinded, the worker can no longer work for the first RSE for reasons beyond its control, the RSEs have jointly submitted ATRs for consecutive employment, or the worker is awaiting repatriation [WH1.15.5]. The period of work for the new RSE must fall within its approved ATR period and not exceed the maximum stay limit [WH1.15.5]. Both RSEs' written consent is usually required, but consent of the previous employer is not needed if its status was rescinded or the worker is no longer employed by an RSE [WH1.15.5].

Extending the period of work

A worker may apply for a further limited visa to continue working for the same RSE if INZ is satisfied that exceptional circumstances (e.g., weather delays, inability to repatriate) require an extension, or if the RSE identified the potential need at the ATR stage [WH1.15.6]. The extended period must be within an approved ATR period and not exceed the maximum stay [WH1.15.6]. INZ must also be satisfied that the employer has a genuine need for the longer period [WH1.15.6].

Specific health requirements

Applicants with risk factors for pulmonary tuberculosis must undergo screening regardless of intended length of stay, in line with A4.25.1 and A4.25.5 [WH1.15.10].

Visa conditions and maximum stay

RSE limited visas are granted for a maximum stay of up to seven months in any 11-month period; citizens of Tuvalu or Kiribati who are normally resident there may receive up to nine months [WH1.15.20]. Visas allow arrival up to 14 days before or after the stated start of work, and no visa can extend beyond the term of the relevant ATR [WH1.15.20]. The visa restricts employment to the sponsoring RSE, requires continual medical insurance, and permits training or study if authorised by the employer [WH1.15.20]. If a worker ceases employment with the RSE, they may become liable for deportation [WH1.15.20]. Where a visa allows employment with multiple RSEs under joint ATR arrangements, the visa must specify start and end dates for each employer; the worker may start up to 21 days early or end up to 21 days late with all employers' agreement [WH1.15.20].

Ineligibility for other visas

Holders of an RSE limited visa cannot apply for any other temporary entry class visa or a residence class visa; such applications will be declined [WH1.15.25].

Worker application process

Applications for an RSE limited visa must be made on form INZ 1142 (Application to Work for a Recognised Seasonal Employer) or, for onshore workers seeking a further visa, form INZ 1269 [WH1.15.30]. The application must meet generic temporary entry lodging requirements (E4), all eligibility requirements of WH1.15.1, and include an employment agreement with an RSE (or multiple agreements if the visa covers more than one employer under WH1.10.1(g)) [WH1.15.30]. If the applicant has TB risk factors, the results of pulmonary tuberculosis screening on form INZ 1096 must be included [WH1.15.30].

Employer loss of RSE status

If an RSE limited visa holder's employer loses RSE status during the visa, the worker may seek employment with another RSE under the transfer rules [WH1.15.35]. If no alternative RSE employment is found, the worker may become liable for deportation and must leave New Zealand [WH1.15.35].

How to apply

Employers must first apply to become a Recognised Seasonal Employer (RSE) [WH1.1]. Once approved, the employer can apply for an Agreement to Recruit (ATR), which authorises recruitment of a set number of non-NZ workers for seasonal periods [WH1.1]. Workers holding an offer of employment from an RSE with a current ATR can then apply for an RSE Limited Visa [WH1.1].

For detailed worker application requirements, see the worker application process in the RSE Limited Visa section above. Workers must use specific forms, provide an employment agreement, and meet health screening requirements [WH1.15.30].

Eligibility criteria

To meet the objectives, RSE limited visas are only granted where INZ is satisfied that the employer has direct responsibility for the workers and strictly complies with RSE status and ATR requirements [WH1.1]. A high standard of proof is required to demonstrate compliance [WH1.1]. INZ may consider the compliance history and employment arrangements of the RSE and associated persons [WH1.1]. Permission to use non-NZ workers will be withdrawn and further permission refused for any breach other than of a minor nature [WH1.1]. Employers whose core business is the facilitation of entry of non-NZ workers, or who are not directly engaged in the horticulture or viticulture industries, are ineligible for RSE status [WH1.1].

Worker eligibility

Applicants for an RSE limited visa must:

• be aged 18 or older [WH1.15.1]
• have an employment agreement with an RSE that holds a current ATR and meets WH1.20 requirements [WH1.15.1][WH1.20]
• meet health and character requirements (including TB screening if risk factors) [WH1.15.1][WH1.15.10]
• be a bona fide applicant [WH1.15.1]
• hold acceptable medical insurance (WH1.25) [WH1.15.1][WH1.15.20]
• not have an employer on the non-compliant employers list or convicted of slavery/trafficking offences [WH1.15.1]
• provide evidence of agreed rent for employer-provided accommodation if not in employment agreement [WH1.15.1]
• be offshore at time of application [WH1.15.1]

Further details on subsequent visas, transfers, and extensions are provided in the RSE Limited Visa section.

Interpretation & edge cases

The annual limit of 20,750 visas applies to each year ending 30 June [WH1.1]. Once the cap is reached, applications for ATRs or RSE limited visas will not be approved for that year, and fees will be refunded [WH1.1]. INZ determines whether the limit is reached based on visas granted and workers requested in approved ATRs [WH1.1]. Recruitment under ATRs is normally restricted to specified Pacific countries, unless the RSE can show pre-established relationships with workers of other nationalities, unsuccessful recruitment attempts from Pacific countries, or reasonable grounds for infeasibility [WH1.1].

Workers granted an RSE limited visa receive multi-entry travel conditions and may stay for up to seven months in any 11-month period (nine months for citizens of Tuvalu or Kiribati who are normally resident there) [WH1.15.20]. The visa is subject to strict conditions: the worker may only work for the specified RSE, must hold medical insurance, and may not apply for any other temporary or residence visa while holding the RSE limited visa [WH1.15.20][WH1.15.25]. If the worker ceases employment with the RSE, they may become liable for deportation [WH1.15.20]. If the RSE loses its status, the worker may transfer to another RSE under certain conditions or may be required to leave New Zealand [WH1.15.35].

Medical insurance requirements (WH1.25)

All RSE workers must hold acceptable medical insurance for the duration of their stay in New Zealand [WH1.25.1]. The employer is responsible for arranging the insurance, although not necessarily for paying for it [WH1.10.1]. The insurance must meet the minimum standards set out below.

Minimum insurance standards (WH1.25.1)

An acceptable medical insurance policy must satisfy three principal requirements:

1. Insurer qualifications: The insurance must be provided by a company that has representation in New Zealand, experience in the medical and/or travel insurance business, and a credit rating of no lower than A from Standard and Poor's or B+ from AM Best [WH1.25.1].
2. Comprehensive coverage: The policy must guarantee to cover the full costs of:
   • all medical expenses including diagnosis and treatment, prescribed medicines, ambulance, hospital and post-hospital discharge care, and home nursing care [WH1.25.1];
   • emergency dental care, including antibiotics and treatment for the relief of sudden and acute pain [WH1.25.1];
   • evacuation or return home in the event of serious illness or disability [WH1.25.1];
   • return of remains to the country of origin in the event of death [WH1.25.1].
3. Notification to MBIE: The insurer must agree to inform the Ministry of Business, Innovation and Employment if the insurance is cancelled or lapses, excluding cancellation or lapse because the worker has left New Zealand [WH1.25.1].

Allowable exclusions (WH1.25.5)

The insurance may exclude costs related to the following circumstances, despite the general requirement for comprehensive coverage:

• suicide or attempted suicide [WH1.25.5];
• sexually transmitted disease [WH1.25.5];
• any situation or action when the worker is under the influence of alcohol or non-prescribed drugs [WH1.25.5];
• Human Immunodeficiency Virus (HIV) and/or HIV-related illness including Acquired Immune Deficiency Syndrome (AIDS) [WH1.25.5];
• childbirth or pregnancy, unless the costs arise from medical complications that occur before the end of the 24th week of pregnancy [WH1.25.5];
• pre-existing conditions [WH1.25.5].

Evidence of insurance (WH1.25.10)

Applicants for an RSE limited visa must provide evidence that they hold, or have been approved for, acceptable medical insurance [WH1.25.10]. Evidence may include a certificate of insurance, a letter from the insurer, or a schedule of cover that demonstrates compliance with WH1.25.1 [WH1.25.10].

Citations

• WH1 — Recognised Seasonal Employer (RSE) Instructions
• WH1.1 — Objectives and overview – RSE Instructions
• WH1.5 — Recognised Seasonal Employer (RSE)
• WH1.10 — Agreement to Recruit (ATR)
• WH1.10.1 — Requirements for an ATR
• WH1.10.5 — Determining an application for an ATR
• WH1.10.10 — Pacific countries eligible for the recruitment of workers
• WH1.10.15 — Reasonable attempts to recruit from eligible Pacific countries
• WH1.10.20 — Pre-established employment relationships with workers of other nationalities
• WH1.10.25 — Reconsideration process for ATRs which are declined
• WH1.10.30 — Applying for an ATR
• WH1.10.35 — Worker accommodation must not exacerbate housing pressures
• WH1.15 — Recognised Seasonal Employer (RSE) Limited Visa Instructions
• WH1.15.1 — Eligibility for an RSE limited visa
• WH1.15.5 — Transferring between RSEs
• WH1.15.6 — Extending the period of work
• WH1.15.10 — Specific health requirements for RSE limited visa applicants
• WH1.15.20 — Currency and conditions of an RSE limited visa
• WH1.15.25 — Ineligibility for other visas
• WH1.15.30 — Applying for a limited visa under RSE Limited Visa Instructions
• WH1.15.35 — Workers whose employers lose RSE status
• WH1.20 — Requirements for employment agreements under RSE Instructions
• WH1.20.1 — Minimum requirements for employment agreements under RSE Instructions
• WH1.20.5 — Minimum remuneration under RSE Instructions
• WH1.20.10 — Pay Deductions
• WH1.20.15 — Market Rate
• WH1.20.20 — Accommodation costs
• WH1.20.21 — RSE Accommodation Cost Framework
• WH1.20.22 — RSE Accommodation Cost Table Provisions
• WH1.20.25 — Minimum sick leave under RSE Instructions
• WH1.25 — Requirements for acceptable medical insurance under RSE Instructions
• WH1.25.1 — Minimum requirements for acceptable medical insurance under RSE Instructions
• WH1.25.5 — Allowable exclusions for acceptable medical insurance under RSE Instructions
• WH1.25.10 — Evidence of acceptable medical insurance under RSE Instructions