Do the New Zealand employers need to go through the Labour Department or the Ministry of Foreign Affairs to issue an employment letter?

 

In New Zealand, employers do not need to go through the Labour Department or the Ministry of Foreign Affairs to issue an employment letter for general hiring purposes. Employment letters—such as offer letters or contracts—are typically handled directly by the employer as part of their standard recruitment process, governed by employment laws overseen by the Ministry of Business, Innovation and Employment (MBIE), which incorporates the former Department of Labour. MBIE’s Employment New Zealand division provides guidance on employment rights and obligations, including the requirement for a written employment agreement under the Employment Relations Act 2000, but it does not directly issue or process employment letters.

However, if the employment involves hiring a non-New Zealand resident who requires a work visa (e.g., an overseas barista for a café), the process shifts. The employer must first engage with Immigration New Zealand (INZ), a branch of MBIE, not the Ministry of Foreign Affairs (MFAT). For example, under the Accredited Employer Work Visa (AEWV) scheme, employers must:

1. Obtain Accreditation: The employer applies to INZ to become an accredited employer, a process that verifies their business compliance and ability to hire migrant workers.
2. Complete a Job Check: INZ assesses the job offer to ensure it meets wage thresholds, market rates, and that no suitable New Zealanders are available (unless exempt).
3. Support the Visa Application: Once approved, the employer issues an employment offer letter, which the migrant submits with their AEWV application to INZ.

The Ministry of Foreign Affairs plays no role in this domestic employment process. MFAT’s focus is on international relations and trade, not employment or immigration administration. It might only be tangentially involved if, for instance, a foreign worker’s documentation requires authentication abroad (e.g., via an embassy), but this is separate from issuing the employment letter.

For a café owner hiring a migrant barista, the employer drafts the employment letter themselves after INZ approves the job check. The letter must align with INZ requirements (e.g., specifying role, pay, and hours) but doesn’t require Labour Department or MFAT approval. MBIE’s Employment New Zealand might step in later if employment disputes arise, but not for issuance. Thus, for visa-related hires, it’s INZ within MBIE that employers interact with—not the Labour Department (now defunct as a standalone entity) or MFAT. For local hires, it’s entirely the employer’s responsibility, guided by MBIE’s employment framework.