Paying for a New Zealand job is illegal even if paid abroad, court rules: what Pakistanis should know
New Zealand's Employment Court says the ban on job premiums covers money paid overseas and through agents. Workers in the cases paid NZ$10,000 to NZ$60,000 each.
Paying for a job in New Zealand is illegal even when the money changes hands outside the country. New Zealand's Employment Court ruled on 8 October 2026 that the ban on charging workers a "premium" for employment, in section 12A of the Wages Protection Act 1983, covers payments made overseas, including those made through agents, relatives or other middlemen acting for the employer. For Pakistanis being asked for lakhs of rupees in return for a New Zealand job offer, that is the key fact: no lawful employer can ask you to pay.
What the court decided
A full bench of three judges heard two cases together, one brought by a Labour Inspector against Top Produce Limited and one brought by four workers against other employers, because earlier decisions conflicted. HR Director New Zealand reported that the court found:
- The wording of section 12A is broad and its ban is "unequivocal". Nothing in it limits the ban to payments made inside New Zealand.
- Reading it narrowly would let employers dodge the law simply by taking the money abroad, which would defeat its purpose.
- Money received by an intermediary acting for the employer counts as money received by the employer.
- A 2003 single-judge ruling that pointed the other way, made under an older law, does not bind the court.
The decision is a preliminary ruling on the law. Whether the named employers broke it will be decided at their full trials.
How the payments worked
According to the report, migrant workers in these cases paid between NZ$10,000 and NZ$60,000 each before leaving home, in return for promised jobs and a route to residency. The money was often paid in cash or by bank deposit, in instalments, to relatives or associates of the employer, with few receipts and arrangements made over WhatsApp or by phone. Many workers borrowed from family, took high-interest loans or sold or mortgaged property to pay. Even NZ$10,000 is more than Rs 1 million; check the exact rupee figure with our currency converter.
What Immigration New Zealand says
ProPakistani reported that Immigration New Zealand (INZ) reads the ruling as applying whoever makes the payment (the worker, family members, friends or an agent), wherever it is made and however much it is. Aaron Smith, INZ's National Manager Risk and Verification, said the decision "establishes an important legal precedent" against migrant exploitation. INZ cannot recover money lost to job scams, but it can act against New Zealand employers and their representatives who charge migrants, and it asks anyone pressured into paying for a job offer or visa support to report it.
What it means for job seekers in Pakistan
- A genuine New Zealand employer does not charge you for the job. A request for money for a job offer, a "work permit file" or "visa support" is a red flag.
- Use only licensed overseas employment promoters in Pakistan. Check that a promoter is licensed with the Bureau of Emigration and Overseas Employment before you pay anything, and insist on a receipt.
- Keep records. If you have already paid, keep bank slips, receipts and messages. INZ and New Zealand's Labour Inspectorate need evidence to act against an employer.
- Do not borrow against your house for a job promise. The workers in this case did, and the jobs were not what they were told.
The ruling does not change New Zealand's visa rules. It makes clear that the employer side of pay-to-work schemes is illegal, wherever the money is paid.
Frequently asked questions
- Can a New Zealand employer charge me for a job offer?
- No. Section 12A of the Wages Protection Act 1983 bans employers charging a premium for employment, and the Employment Court ruled on 8 October 2026 that this applies even when the payment is made overseas or through an agent or relative.
Sources
- NZ court closes loophole on offshore pay-to-work schemes: HR Director New Zealand
- New Zealand Makes Overseas Job Payment Illegal: ProPakistani
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