Migrant Worker Rights in New Zealand (2026)
About this article
Sourced from New Zealand Acts of Parliament (legislation.govt.nz), regulations, and official government guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
If you work in New Zealand on a visa, you have the same minimum employment rights as any New Zealand worker — regardless of your immigration status. That means at least the minimum wage ($23.95/hour from 1 April 2026), a written employment agreement, paid annual and sick leave under the Holidays Act, rest and meal breaks, a safe workplace, and the right to raise a personal grievance if you're treated unfairly.
An employer cannot use your visa to underpay you, take your passport, charge you a "premium" for the job, or threaten your visa to keep you quiet — those are serious breaches and, in some cases, exploitation offences. Your employment claims go through the same channels as everyone else: free mediation, then the Employment Relations Authority.
When does it apply?
- You're working in New Zealand on any visa.
- You're being paid below the minimum or denied leave/breaks.
- An employer is using your visa as leverage.
What to do if you're a migrant worker being mistreated
- Keep records of hours, pay, and your employment agreement.
- Raise underpayment with Employment NZ (0800 20 90 20) or the Labour Inspectorate.
- Raise a personal grievance within 90 days if you're treated unfairly.
- Report exploitation on 0800 200 088 — protections may apply.
What should you NOT do?
- Don't let an employer hold your passport — that's unlawful.
- Don't accept below-minimum pay because of your visa.
- Don't stay silent out of visa fear — exploitation protections exist.
About Immigration Rights in New Zealand
Migrants and visa holders in New Zealand are covered by the Immigration Act 2009 (administered by Immigration New Zealand, INZ) and, like everyone, by employment and human-rights law. Crucially, migrant workers have the same minimum employment rights as residents — minimum wage, leave, and protection from exploitation. Visa, deportation and refugee decisions can be challenged at the independent Immigration and Protection Tribunal (IPT).
Immigration settings change frequently — always verify the current rules on immigration.govt.nz. INZ: 0508 558 855. Report migrant exploitation: 0800 200 088.
Common Questions
What is the migrant worker employment rights right in New Zealand?
If you work in New Zealand on a visa, you have the same minimum employment rights as any New Zealand worker — regardless of your immigration status. That means at least the minimum wage ($23.95/hour from 1 April 2026), a written employment agreement, paid annual and sick leave under the Holidays Act, rest and meal breaks, a safe workplace, and the right to raise a personal grievance if you're treated unfairly.An employer cannot use your visa to underpay you, take your passport, charge you a "premium" for the job, or threaten your visa to keep you quiet — those are serious breaches an...
When does it apply — migrant worker employment rights?
You're working in New Zealand on any visa.You're being paid below the minimum or denied leave/breaks.An employer is using your visa as leverage.
Do migrant workers have employment rights in New Zealand?
Keep records of hours, pay, and your employment agreement.Raise underpayment with Employment NZ (0800 20 90 20) or the Labour Inspectorate.Raise a personal grievance within 90 days if you're treated unfairly.Report exploitation on 0800 200 088 — protections may apply.
What should you NOT do — migrant worker employment rights?
Don't let an employer hold your passport — that's unlawful.Don't accept below-minimum pay because of your visa.Don't stay silent out of visa fear — exploitation protections exist.