Contact Us
Hero Image

Entitlement to Work

Employment Contracts

14 May 2025 (Last updated 3 Dec 2025)

Share on:

It is an employer’s responsibility to ensure all their employees have a legal entitlement to work. Employers caught hiring employees who are not New Zealand citizens, do not have a visa or are in breach of their visa, face serious penalties.

To avoid being fined, employers need to make sure every prospective employee has a valid working visa with an entitlement to work, or, is a permanent resident before the hiring process can start.

What is Entitlement to Work?

New Zealand is a diverse country offering a range of work and lifestyle opportunities. To work in New Zealand legally, a prospective employee must meet certain requirements and provide the correct documentation to prove their current work status.

Who is Entitled to Work in New Zealand?

To prove eligibility to work in New Zealand legally, there are certain documents which will or will not be accepted.

People who have an entitlement to work in New Zealand must hold an:

  • Australian or New Zealand birth certificate
  • Australian or New Zealand citizenship certificate
  • Australian or New Zealand passport
  • Evidence of citizenship certificate
  • Valid working visa (make sure the visa allows them entitlement to work)

These are the only documents to prove someone can work in New Zealand legally.

Employers should always request certified copies of these documents. They should also have them approved by an authorised person, such as a Justice of the Peace (JP).

What are Unacceptable Documents?

Documents not accepted as proof of entitlement to work in New Zealand are:

  • Driver’s license
  • IRD number
  • Bank account
  • Referrals from employment agencies or past employers

How to Verify Entitlement to Work

There are ways for employers to avoid serious penalties and only hire employees entitled to work in New Zealand.

Before hiring a new employee, employers can perform a background check on their current work status, as long as there is consent. Employers should visit the Immigration New Zealand website and register to VisaView to see their current visa status, passport number, and other relevant working conditions.

It’s free to register for VisaView and only takes a few minutes to perform the check.

By performing an entitlement to work check, employers can find out if there are any restrictions on the type of work they can do, and if they are only allowed to work for certain employers.

Seasonal Employees and Visa Verification

In New Zealand, the horticulture and viticulture industries often do not have enough workers to keep up with seasonal demand.

To make up for the labour shortage, the Recognised Seasonal Employer (RSE) scheme lets employers bring workers from certain overseas countries to New Zealand to plant, maintain, harvest and pack crops.

Employers must meet the minimum requirements to be an eligible RSE such as:

  • Paying the minimum adult wage.
  • Providing reasonable rest breaks.
  • Providing sick leave and holiday entitlements.

To hire the same employee for another season employers need to request a new agreement which should be granted if they meet the conditions of their permit, and if there is still a shortage on local labour.

Peninsula can help with entitlement to work checklists to protect employers when hiring new employees. For peace of mind, employers should call Peninsula on 0800215031.

Have a question?

Have a question that hasn't been answered? Fill in the form below and one of our experts will contact you back.

By clicking submit you consent to our Privacy Policy

Related Guides

Employment Contracts

Falsifying Documents

Being an employer means you have to deal with several things constantly. This includes managing employees, looking after their health and safety, and keeping on top of your obligations. You also need to be on the lookout for any issues or challenges that may appear during managing employees. This can be performance management, probation or even something serious such as falsifying documents. In this guide for employers, we explain what is falsifying documents, the legislation around it, your responsibilities as an employer, and how Peninsula can help you. Please note that the information is general and not intended to replace advice. If you need help understanding aspects of falsifying documents, please consult a professional. Falsifying documents Falsifying documents is when employees make a document appear to be genuine. Falsifying a document can include tampering with it, altering it, or modifying it without permission or authorisation to do so. Employees may falsify documents to get more overtime, increase their bonus, or to get higher expense claims. They may alter timecards (or time clocks) to change their working hours or tamper with financial documents, inventory records or sales targets. Employees can also falsify documents such as resumes to be considered as a potential candidate by recruiters. Some examples of falsifying documents include: Altering the date of a medical certificate to make a worker’s compensation claim. Altering the driver’s license as proof of their age to enter an establishment. Have in possession a passport which indicated their photograph but a different name. Sometimes employers will falsify records and documents to make their company look more attractive, for example, to lenders. In some cases, an employee has been forced to falsify records under duress from others in the company. Offence of possession of falsified documents Falsification of document offences covers the creation, production of copies, or use of a copied or original falsified document. They can also be charged with this offence if they had in possession of a falsified document and had intended to use the falsified document. Each offence requires that the accused intended to convince someone that the falsified document was genuine and that the convinced person would do, or not do, something because they accepted the document as genuine. Penalties for falsifying documents Making false representations on the truthfulness of the contents can have serious consequences. There are penalties that the Court can impose for this charge: Imprisonment. Community Corrections Orders. Fine. Adjourned Undertaking. Discharge. Dismissal. Workplace policies As an employer you should have a policy to handle and manage claims of falsifying documents at the workplace. This policy should be written and clearly communicated with all employees. Clearly explain the potential consequences of falsifying documents in your employee handbook, including potential ramifications for their employment. The ramifications can include warnings, disciplinary action, or dismissal. This process should be laid out carefully and clearly in the handbook and updated when necessary. It should explain the types of documents in question and what is considered as falsifying. If an employee does falsify documents and you would like to address that conduct, make sure you always follow proper procedures. Implement effective policies with Peninsula Running a business involves managing multiple obligations and keeping track of your employees and their entitlements. We know business owners and employers have a lot to manage and that's where we step in. Peninsula offers customised documents, resources, and support that is specific to your business and industry. Contact us to learn more.

Employment Contracts

Employment Contracts
View all guides

Do you have any questions regarding Employment Contracts?

International Sites

United Kingdom

Republic of Ireland

Northern Ireland

Scotland

Canada

Australia

© 2025 Peninsula Employment Services Ltd. Registered Office: 8 Tangihua Street, Auckland CBD 1010

Peninsula Protect is a discretionary risk product issued by Peninsula Mutual Limited ACN 630 256 478 AFS Licence No. 544232. Peninsula Mutual Limited has appointed Peninsula Group NZ Limited NZBN 9429042175179 to distribute the discretionary risk product in New Zealand. To decide if this product is right for you, please read the Peninsula Protect Product Disclosure Statement (PDS) and Target Market Determination.