Temporary Entry PDF - Immigration New Zealand

INZ Operational Manual Temporary entry
i INZ will suspend the processing of any existing requests for AIP and any work visa
applications related to an existing AIP immediately.
ii The non-compliant company will be advised in writing of the suspension and sent a
report detailing the non-compliance, and will be given 30 days to remedy the noncompliance.
Note: the suspension does not apply to onshore based employees of the non-compliant
company.
iii Resolution (or satisfactory progress towards resolution) of the non-compliance to the
satisfaction of INZ within the 30 day period will see the suspension lifted and
processing of requests for AIPs and related work visa applications will resume.
iv A follow up audit will be conducted three to six months later to assess the
effectiveness of the remediation undertaken. If the remediation is deemed inadequate
or ineffective, the suspension can be re-imposed.
v If INZ is not satisfied that the significant non-compliance has been addressed or
satisfactory progress has been made towards resolution within the 30 day period, the
suspension of AIP and related work visa processing will continue (until resolution
occurs).
vi Failure to address or make satisfactory progress towards resolving the non-compliance
may result in current AIPs being rescinded, current work visa holders becoming liable
for deportation, and any future AIP requests being declined.
WJ4 Definitions
WJ4.1 Authorised agent
Effective 17/12/2012
An “authorised agent” refers to the person nominated by the vessel owner and/or New Zealand
Company as authorised to act as agent for the foreign owner of the vessel, as defined in
section 103 of the Fisheries Act 1996.
WJ4.5 Employer
Effective 17/12/2012
a. For the purpose of Immigration Instructions on Foreign Crew of Fishing Vessels,
“Employer” is defined as the person or company with the direct employment relationship
with foreign crew.
b. Where the employer is not a New Zealand company, the New Zealand Charter Party
(NZCP) with which the employer has a Charter Agreement is responsible for monitoring
the employer’s compliance with the relevant Immigration Instructions.
WJ4.10 Fisheries Act 1996
See also Fisheries Act 1996, s103(5)
Effective 17/12/2012
a. For the purposes of the Minimum Wage Act 1983 and the Wages Protection Act 1983, and
any other enactment as are necessary to give full effect those Acts:
i the holder of a Foreign Charter Vessel (FCV) work visa employed or engaged to work
on a FCV is deemed to be an employee; and
ii the employer of such an employee to deemed to be the-
� operator of the vessel (if the operator is the employer or contractor of those
persons); or