Paying for a NZ Job Offer Is Illegal, Even When You Pay Overseas

Charging someone for a New Zealand job is illegal even when the money is paid outside New Zealand. A full bench of the Employment Court confirmed this in a judgment signed on 8 October 2026, holding that the ban on job “premiums” in section 12A of the Wages Protection Act 1983 applies if all or any part of the payment happens overseas (Employment Court decision, PDF). Immigration New Zealand (INZ) announced the decision on 20 October and says the precedent removes uncertainty about migrant exploitation (immigration.govt.nz). This article explains what changed and what to do if you have been asked to pay.

What is a job premium?

A premium is money sought or received in return for giving someone a job. Section 12A(1) of the Wages Protection Act says no employer, or person engaged on behalf of the employer, may “seek or receive any premium in respect of the employment of any person”, whether it comes from the worker or from anyone else. INZ’s warning covers anyone misled or pressured into paying for a job offer or for visa support.

What did the Employment Court decide?

The Court was asked one preliminary question: does section 12A apply when all or any part of the transaction is made outside New Zealand, for a job in New Zealand? Its answer was yes ([2026] NZEmpC 240). An older Employment Court judgment had held that a premium sought or received overseas was not unlawful, and decisions in the Employment Relations Authority had since gone both ways. A full Court of three judges was convened to settle the point.

INZ summarises the reach of the decision this way: the prohibition covers payments made on a prospective worker’s behalf by family members, friends, agents or others, and payments received by agents or others acting for the employer (immigration.govt.nz). The Court said that where someone is engaged on the employer’s behalf to collect a premium, the legal position is the same as if the employer collected it.

The judgment answers the legal question only. Whether the employers in the two cases behind it breached section 12A will be decided in the substantive proceedings that follow, so the decision does not itself name anyone as having broken the law.

What does the decision mean if you are a migrant worker?

It means the location of the payment no longer matters. A fee paid in India, Nepal, the Philippines or anywhere else, in cash, by bank transfer, to a recruiter or through a relative, is caught if it is in return for a New Zealand job. INZ’s message to workers is direct: if you are being charged for a job, your employer, and anyone working on their behalf, is committing an illegal act.

Paying can also put your visa at risk. On its pages for the new India Skilled and India Iconic Work Visas, INZ states it will decline an application if it considers you, or your agent, offered or promised money to an employer or their agent in exchange for a job offer (immigration.govt.nz). A genuine offer from an accredited employer never involves you paying for the job. Our guide to the accredited employer list shows how to check an employer before you accept.

Can you get back money you paid for a job?

The law gives you a route, but INZ cannot run it for you. Under section 12A(2), where an employer receives money in breach of the ban, the person who paid can recover it from the employer as a debt, through the Employment Relations Authority; a Labour Inspector can also bring that claim on the person’s behalf. INZ says it has no power to recover premiums paid in a job scam, although it can act against New Zealand employers found to be charging migrants for jobs.

If you have paid, report it. You can report migrant exploitation through Employment New Zealand’s get help service or call 0800 20 90 20 to talk to someone. INZ says every piece of information helps it stop others being exploited. If you are worried about how a payment affects a visa you hold or have applied for, speak to a licensed immigration adviser.

What does the decision mean for employers?

Money collected by someone acting for the employer counts as money received by the employer, so an offshore recruiter’s fees are the employer’s problem. INZ expects anyone recruiting migrant workers to keep recruitment transparent, uphold New Zealand employment standards, and make sure workers are not charged to secure a job, including by watching what happens in offshore recruitment arrangements and with third parties (immigration.govt.nz). An accredited employer relying on an overseas agent should know how that agent is paid and what the agent tells candidates. If you are an employer reviewing how you recruit, our AEWV page sets out the accreditation obligations that sit alongside this rule.

Frequently asked questions

Is it illegal to pay for a job in New Zealand?

Yes. Section 12A of the Wages Protection Act 1983 bans employers, and anyone acting for them, from seeking or receiving a premium for employment, whoever pays it. Since the Employment Court’s October 2026 decision, it is clear this also applies when all or part of the payment is made outside New Zealand.

Does the ban apply if my family paid the recruiter, not me?

Yes. INZ’s summary of the October 2026 decision says the ban extends to payments made on a worker’s behalf by family members, friends, agents or others. It also covers money received by agents or others acting for the employer, so a payment to a recruiter in your home country is caught if it was in return for a New Zealand job.

Can I get my money back if I paid for a job offer?

Possibly, through the Employment Relations Authority. Section 12A(2) of the Wages Protection Act lets the person who paid recover the amount from the employer as a debt, and a Labour Inspector can bring the claim for them. INZ itself cannot recover premiums. Report what happened to Employment New Zealand first, and keep every receipt, message and transfer record.

Will paying for a job affect my New Zealand visa?

It can. For the India Skilled and India Iconic Work Visas, INZ states it will decline an application if it considers the applicant or their agent offered or promised money to an employer or their agent in exchange for a job offer. If you have already paid and hold or have applied for a visa, get advice from a licensed immigration adviser on where you stand.

How do I report being charged for a job in New Zealand?

Use Employment New Zealand’s get help service at gethelp.employment.govt.nz, or call 0800 20 90 20 to talk to someone about migrant exploitation. INZ asks anyone who believes they were misled or pressured into paying for a job offer or visa support to contact it, and says every piece of information helps prevent others being exploited.

Current as at 26 October 2026, based on Immigration New Zealand’s announcement and the Employment Court’s judgment in [2026] NZEmpC 240. For advice on your own situation, talk to a ProVisas Licensed Immigration Adviser (IAA Licence 201301110).