Business - Parry Field Lawyers

Most people have heard of resolutions for companies, but at certain times the Companies Act 1993 (the Act) requires companies to issue certificates. We were recently asked what certificates are, when they need to be issued, and how certificates differ from resolutions. These are great questions and we answer them here so more people can have the information.

Both resolutions and certificates are important for appropriate decision-making, due process, and to ensure good governance.

What is a resolution?

In meetings (or via email if a decision is needed outside of a meeting), decision-makers will typically discuss something and make a decision. A resolution is the record of that decision. Resolutions must be recorded in the minutes. Schedule 3 of the Act provides a good overview of what is required for board meetings. It is common for company constitutions to include more detail and process around company meeting obligations.

When are resolutions needed?

It is advisable to record all important director decisions as resolutions. One important situation requiring a resolution or contingent on approval by special resolution is when a company wishes to enter into a major transaction. This might relate to the acquisition or disposition of assets the value of which is more than half the value of the company’s assets before the acquisition or disposition.

Resolutions are also needed in many other situations, including when adopting a constitution, deciding on the consideration for which shares will be issued, or deciding to exercise an option to redeem a share.

What is a certificate?

A certificate is more formal in nature than a resolution and sets out information which directors certify as being true. Certificates are only required in certain situations. Companies will make many more resolutions than they will issue certificates.

Certificates are typically required to be provided to the Companies Register where they will be publicly accessible. Anyone can do a search on an incorporated company. For example, a search of ‘documents’ for a large company will show many examples of certificates the company has provided to the registrar. The register promotes transparency and accountability, which is intended to help encourage good governance and discourage behaviour by directors that may harm shareholders.

When are certificates needed?

When certificates are required by the Act it is common that a resolution is needed first. For example, when directors are determining the consideration for the issue of shares they will vote and there will be a resolution. Only then are they able to sign a certificate and provide that to the Registrar.

Some other examples of when certificates are typically needed include:

When the board passes a resolution for the issue of options or convertible financial products, an offer to acquire shares, or for distributions to shareholders
When the company is amalgamating with another company
If the company has a listing agreement with a stock exchange, after the registration or a transfer of company shares
When a director is appointed or removed
If authorising a payment, benefit, loan, guarantee or contract to a director
If authorising liability insurance for directors or employees.

Consequences of not issuing certificates:

Fines of up to $5,000 apply for failure to comply with the obligations to provide certificates for shares or failure to sign a certificate of solvency when necessary
The company must keep a copy of all certificates for the last 7 years at its registered office
Shareholders and any authorised person are able to give notice in writing to view certificates.

This article is not a substitute for legal advice and you should consult your lawyer about your specific situation. Please feel free to contact us at Parry Field Lawyers:

Steven Moe, Partner – stevenmoe@parryfield.com
Michael Belay, Solicitor – michaelbelay@parryfield.com
Sophie Tremewan, Solicitor – sophietremewan@parryfield.com
Yang Su,Law Clerk – yangsu@parryfield.com

Many people mistakenly believe it is best to register a company to operate as a self-employed contractor. In reality, what is ‘best’, depends on your circumstances. We get asked a lot about these options so let’s look at a common misconception.

Isn’t registering a company best for limiting liability?

We tend to encourage entrepreneurs to set up companies. Registering a company creates a separate legal entity which means the company rather than the owner becomes liable if things go wrong. If you deal with multiple creditors this legal separation might be useful. However, company structures do not protect in all situations. If the owners are also managing the company as directors, they are still exposed to certain duties and liabilities as managers. Having a company structure could allow you to get investors in more easily as well – we discuss that in this article.

If you have few creditors and low risk generally, the idea of limiting liability may not be potential reason enough to register a company. Instead, if you are a sole trader it may be prudent to insure yourself against other industry-specific risks that might attach to you, for example, by taking out Professional Indemnity and Public Liability Insurance.

What are the other options?

Company or sole trader structures will work best for many people. However, we recommend thinking about the future, and how your circumstances might change. If you are likely to end up employing people, dealing with multiple creditors and managing complex inventory, it might be best to register as a company from the outset.

There are numerous options other than companies and sole trading, which is why we developed this useful comparison and our Startups Legal Handbook. We look beyond the obvious when we provide advice. We would be pleased to help you tease out your circumstances in more detail to help determine the best legal structure for you.

Should you require assistance, please feel free to contact Steven Moe stevenmoe@parryfield.com, Michael Belay michaelbelay@parryfield.com, Sophie Tremewan sophietremewan@parryfield.com, Yang Su yangsu@parryfield.com at Parry Field Lawyers.

In New Zealand, directors may become liable for reckless trading (agreeing or causing or allowing the business of the company to be carried on in a manner likely to create a substantial risk of serious loss to the company’s creditors) per the Companies Act, earlier than the point of unavoidable insolvency.

Interestingly, the Supreme Court of the United Kingdom ruled for the first time in October 2022 on what triggers the directors’ duty to have regard for creditors’ interests ahead of shareholders interests (that is the company). The case is BTI 2014 LLC v Sequana SA and others.

The appellants argued that the directors of an insolvent company should be liable to creditors for the amount of the dividend it had paid almost ten years before. Importantly, the company was neither insolvent nor on the verge of insolvency at the time of the dividend.

The appeal was dismissed based on the common law rule in the case, West Mercia. The rule effectively means that the fiduciary duty of directors to act in good faith in the interests of a company is widened when insolvency is imminent. It is only when insolvent liquidation or administration is unavoidable that the shareholders cease to have any interest in the company, and creditors’ interests become paramount.

The United Kingdom court rejected the idea that this can occur earlier, for example, when there is a ‘real and not remote risk’ of insolvency, per some Australian authorities.

In Sequana Lord Briggs’s comments that shareholder interests should remain more important than creditors up to this tipping point are persuasive, after all, liquidation may not happen and insolvency may be temporary.

Conclusion

Currently the United Kingdom view of when director obligations to creditors are triggered differs from New Zealand and Australia, being when insolvent liquidation or administration are unavoidable. The case is relevant because New Zealand courts often consider the outcomes of cases in other common law jurisdictions, such as the United Kingdom and Australia. The findings of this case may or may not influence New Zealand law in the future.

This article is not a substitute for legal advice and you should contact your lawyer about your specific situation.

Please feel free to contact Steven Moe at stevenmoe@parryfield.com or Kris Morrison at krismorrison@parryfield.com should you require assistance.

Advertising your fundraising effort

Your business is thriving and you need substantial additional capital to fund the next stage of your growth. You have read up on the Financial Markets Conduct Act 2013 (“FMCA”) (available here) and would prefer to raise funds through one of the Schedule 1 exemptions from product disclosure statement requirements (discussed here). Being proactive, you have already approached your close business associates, relatives, and employees while also taking full advantage of your statutory small offers limit, but it is still not enough.

You decide that it is time to widen the pool of potential investors – you need to reach the deeper financial resources of Wholesale Investors (discussed here) by advertising your offer to them. But how do you that and what are some of the risks in advertising to Wholesale Investors?

Inserting a Disclaimer

To begin with, it is important to be open and honest with the people who come across your offer that your investment is only open to Wholesale Investors. Doing so will avoid potential misunderstandings and hopefully prevent a flood of enquiries from people that will not qualify for the Wholesale Investor exemption. We have seen offers include a disclaimer similar to the one below to highlight that the offer is only available to Wholesale Investors:

“DISCLAIMER: [These] offers are only open to investors who fall within the exclusions applicable to offers made to “wholesale investors” as set out in Schedule 1, clauses 3 (2)(a)-(c) and 3 (3)(a)-(b)(ii) of the Financial Markets Conducts Act 2013 (FMCA). You can obtain further information on FMCA requirements, and whether you come within the exclusions and their requirements at [our website]”

Promotional Conduct

Making it clear that your offer is only open to Wholesale Investors is just the first step. You also need to ensure that your promotional efforts are not misleading or deceptive (see S19 of the FMCA). The recent case of Du Val Capital Partners Limited v Financial Markets Authority [2022] NZHC 1529 offers some key takeaways in respect of the S19 fair dealing requirements:

In assessing whether your offer may be misleading or deceptive, your target audience matters. In this regard, your choice of marketing channels is relevant: advertising your Wholesale Investor-restricted offer in social media and other online channels may be a factor in the Financial Markets Authority (“FMA”) determining that your offers were targeted at inexperienced investors.
You cannot assume that because your offer is restricted to Wholesale Investors, your advertising audience will be more experienced and knowledgeable. Wholesale Investors are not all inherently more sophisticated than non-Wholesale Investors.
If your promotional material is misleading, it cannot be saved by subsequently making more detailed materials available to investors.

Final Caution

The FMCA requires that an offeror know its target audience and engages with them openly and honestly. This includes ensuring that promotional materials are not misleading or deceptive. If you have any questions on fundraising, please feel free to reach out to us if you would like specific input on your context. We have helped many companies with their fundraising efforts and each situation is unique. You can contact Steven Moe stevenmoe@parryfield.com, Michael Belay michaelbelay@parryfield.com or Yang Su yangsu@parryfield.com at Parry Field Lawyers.

Introduction to the New Zealand Emissions Trading Scheme

Background and Operation of the New Zealand Emissions Trading Scheme

The New Zealand Emissions Trading Scheme (the “NZ ETS”) was introduced as a tool to combat climate change in Aotearoa New Zealand. It was created under a 2008 amendment to the Climate Change Response Act 2002 (the “Act”) with the purpose to help Aotearoa New Zealand meet its international greenhouse gas emissions obligations under the United Nations Framework Convention, the Kyoto Protocol and the Paris Agreement, and to meet its 2050 targets and emissions budgets.

The NZ ETS achieves its purpose by setting a requirement for businesses to measure their annual greenhouse gas emissions and report it to the Government. The NZ ETS broadly covers all of Aotearoa New Zealand’s emissions and includes the following sectors: forestry, agriculture, waste, synthetic gasses, industrial processes, liquid fossil fuels and stationary energy.

These sectors, excluding agriculture, also pay ‘the price for their emissions’ by having to acquire and then surrendering one New Zealand Unit (“NZUs”) to the Government for each one tonne of CO2 equivalent greenhouse gas they emit. The agriculture sector will be governed by a separate greenhouse gas levy system which will come into effect in 2025. Obligations under the NZ ETS are set high up the supply chain so consumers and smaller businesses are not directly caught by the NZ ETS obligations. Nevertheless, consumers do indirectly pay for emissions as the costs of NZUs are passed down the supply chain.

NZU’s

NZUs can enter the emission trading market in multiple ways. The Government controls two key methods by publicly auctioning NZUs and freely allocating NZUs to certain emissions-intensive and trade-exposed industries. The other main way that NZUs enter the emissions trading market is when participants in the NZ ETS ‘earn’ NZUs from the Government by growing forests and undertaking other activities that remove emissions. All NZUs can then be bought and sold between participants in the NZ ETS through the New Zealand Emissions Trading Register.

Non-Compliance with the NZ ETS

The Environment Protection Authority monitors compliance under the NZ ETS with strict liability offences resulting in fines for low-level non-compliance – please see here for a breakdown of fines. Prosecution is available where there is more serious non-compliance.

If you would like to know more about the statutory requirements for the New Zealand Emissions Trading Scheme, please do feel free to reach out to us.

The Limited Partnership regime was introduced fairly recently in New Zealand through the Limited Partnership Act 2008. As such, limited partnerships may not be as familiar to Kiwi entrepreneurs and founders. In this article, we highlight a few of the advantages and disadvantages of choosing a limited partnership for your business structure. In our view, they represent a relatively simple structure which can really be useful in the right situation.

What is a Limited Partnership?

Limited partnerships are a corporate structure that combine some key features of companies (such as separate legal personality) and partnerships (such as tax pass-through treatment). In a limited partnership, on entity is the general partner(s) who manage(s) the limited partnership (day to day running) while other investors are limited partners who act as silent partners (see diagram below).

This structure is often used by venture capitalists or fund managers as the corporate vehicle for investor partners to invest their funds. For more information on the basic requirements of a limited partnership, along with a comparison of other structures, please see here.

Why choose a Limited Partnership?

Positive	Comment
Liability is ring-fenced	A limited partnership is a separate legal entity, and limited partners’ liability is restricted to contributed capital
Effective practical and legal control	Only general partners may manage the affairs of the limited partnership
Tax pass-through treatment	Tax consequences of the limited partnership pass directly to the partners
Privacy	Identity of limited partners and contents of partnership agreement do not have to be publicised

Why wouldn’t I choose a Limited Partnership?

Drawback	Comment
General partner is jointly liable with the limited partnership for the liabilities of the limited partnership	Often addressed by choosing a limited liability company to act as general partner, providing liability ring-fencing
More involved set-up	All limited partnerships require a written partnership agreement
Investors negotiate their rights and obligations	E.g. Right to remove/appoint general partner(s), exit rights, pre-emptive rights
Financial Markets and Conducts Act 2013	A partnership interest in a limited partnership may be a financial product requiring FMCA compliance

We have helped many founders and companies structure their business and each situation is unique. If you think a limited partnership may be a suitable option for your business, feel free to reach out if you would like specific input on your context.

If you enjoyed this content then we also have a guide for people doing business in New Zealand which you can download for free here.

There are many business structure options in New Zealand, including companies, partnerships and Trusts, and you want to be sure you are picking the right one. We frequently assist clients who are considering starting a business navigate the different business structure options to find what best suits their needs. The various business structure options each have their own pros and cons. What the best structure is for you will depend on your particular circumstance, desire and purpose.

The simple and easy structure which are well understood, such as a Company or Sole Trader, will work best for most businesses. If you are purpose driven, a Charitable Trust or Incorporated Society may be more appropriate. Increasingly we are also working with clients who want to merge both purpose and profits and for these clients we assist by creating unique dual structure approaches. In this article we have summarised the key points for the most common structures that are used in New Zealand. We are happy to meet and discuss options with you.

Two other critical points before we look at the options:

Get your strategy and purpose right before you decide on a legal entity type to use. Each one has positives and negatives so know what your end goal and the impact you want to see is first – after that look at which will help you get there. They are each just tools for empowering you to have impact.
Second, we are offering legal thoughts on key elements of these structures but there are other considerations too – in particular always ensure you get great accounting and tax input on the financial side of these alternatives.

Now turning to the options:

Company
Who	Owner = Shareholder Manager = DirectorThe owners may also be the manager
Liability	Is a separate legally recognised entity
Laws	The Companies Act 1993 governs companies
Who signs	The Director
If things go wrong	Companies limit liability for the owner*
Key documents	None required. Can choose to adopt a constitution or shareholders agreement
Visibility	Ownership and management is publicly visible on Companies Register
Difficulty to start	Moderate

* There are certain limited circumstances when the owners of the company may be liable. If the owners are also managing the company as directors, they are exposed to certain liability as managers.

Sole Trader
Who	Owned and managed by ‘sole’ owner
Liability	Not separate from entity
Laws	No specific law governs sole traders
Who signs	The owner
If things go wrong	The owner is personally liable
Key documents	None required
Visibility	Private and not registered
Difficulty to start	Easy

Partnerships
Who	Owner = the Partners Manager = the Partners manage
Liability	Not separate from entity
Laws	Partnership Law Act 2019
Who signs	Partners
If things go wrong	Owners are personally and jointly liable
Key documents	None required Can choose to have a Partnership Agreement
Visibility	Private and not registered
Difficulty to start	Moderate

* One owner can bind all owners.

Limited Partnership
Who	Owner = Limited Partner Manager = General Partner
Liability	Is a separate legally recognised entity
Laws	Limited Partnership Act 2008
Who signs	The General Partner
If things go wrong	The General Partner Limit liability for the owner**
Key documents	Requires a Limited Partnership Agreement
Visibility	Private for the Limited Partners, public for General Partner
Difficulty to start	High

* Each Limited Partner will account for tax in accordance with its individual tax position.

** If the owner participates in the management of the business, they will be liable.

Unincorporated Joint Venture
Who	Owners = Partners Management determined by the Joint Venture Agreement
Liability	Not separate from entity
Laws	Contract law, but no specific law governs Unincorporated Join Venture
Who signs	Each partner
If things go wrong	Partners separately liable or as decided by the Joint Venture Agreement*
Key documents	None required Can choose to have a Joint Venture Agreement
Visibility	Private and not registered
Difficulty to start	High

* Owner will account for tax in accordance with its individual tax position.

Trading Trust
Who	Owner = settlor/donor gives assets (trust fund) to the Trading Trust on trust for the benefit of the beneficiary Management = the Trustee Company, manages the trust fund and pass on benefits to the beneficiary
Liability	Not separate from entity, creates an equitable relationship
Laws	Trusts Act 2019 and Companies Act 1993
Who signs	The Trustee Company
If things go wrong	The Trustee Company
Key documents	Trust Deed
Visibility	Private and not registered
Difficulty to start	High

Charitable Trust
Who	Owners = settlor/donor gives property (trust fund) to the Charitable Trust to benefit the community through charitable purposes Management = Trustees manage the trust fund to advance the charitable purposes
Liability	Is a separate legally recognised entity
Laws	Trusts Act 2019 and Charitable Trust Act 1957
Who signs	The Trustees
If things go wrong	The Trustees
Key documents	Trust Deed
Visibility	Registered on Charitable Trust Register and if a registered charity on Charities Services
Difficulty to start	Moderate

Incorporated Society
Who	Management = the Committee manages the funds to advance the purpose
Liability	Is a separate legally recognised entity
Laws	Incorporated Society Act 2022*
Who signs	The Committee, but this depends on the Constitution
If things go wrong	The Committee
Key documents	Constitution
Visibility	Registered on Incorporated Societies Register and if a registered charity on Charities Services
Difficulty to start	Moderate

* This is a new Act which has recently come into force, for more information on the new Act and requirements see our Incorporated Societies Act 2022: Information Hub.

Co-operatives Companies
Who	Owner = Members/shareholders Governance = Directors
Liability	Is a separate legally recognised entity
Laws	Co-operative Companies Act 1996 and Companies Act 1993
Who signs	The Directors
If things go wrong	Companies limit liability for the owners
Key documents	Constitution
Visibility	Registered on Companies
Difficulty to start	Moderate

For lots more information on co-operatives visit Cooperative Business New Zealand – https://nz.coop/

If you would like to discuss or set up the above-mentioned business structure or other commercial matters, you can contact:

Steven Moe, Partner – stevenmoe@parryfield.com
Michael Belay, Solicitor – michaelbelay@parryfield.com
Yang Su, Law Clerk – yangsu@parryfield.com
Sophie Tremewan, Law Clerk – sophietremewan@parryfield.com

What is a Wholesale Investor?

Companies need money, it is the fuel for the engine of their growth. Very often they will get that money through issuing equity (shares to people who invest) or issuing debt (loans to people who provide finance). If you do either of these activities you are offering a financial product and captured by the Financial Markets Authority and their rules which state you need to provide extensive disclosure documentation to those investing – unless an exemption applies.

In this article we want to talk about two critical exemptions which we see are commonly used.

Wholesale Investors

A wholesale investor is essentially a person or an organisation with enough previous investing experience that they do not require disclosure documentation. Their experience is often shown by their investment activity, wealth and/or income. Wholesale investors can be exempted for all offers of financial products or only for some offers of financial products and the critical points to consider if you want to rely on this exemption are:

Is the investor an investment business, such as a financial adviser or a licensed insurer
Has the investor recently held or acquired financial products of aggregate value of over $1 million
What is the investor’s wealth – do their net assets exceed $5 million
Is the investor able and willing to certify that they are sufficiently experienced with the particular financial product you are offering
Is the investor subscribing for at least $750,000 worth of financial product

Crowdfunding

Another option is crowdfunding – using this exemption, you will have to work with an FMA licenced intermediary to raise the funds. The licenced intermediary will offer your equity, debt or other financial products to investors for you. You can use the crowdfunding exception in combination with other exclusions (such as the wholesale investor exclusion above and others which we touch on here), but there is a limit of $2 million in any 12-month period (which includes any ‘small offers’ in that time period).

The FMA has provided a helpful overview of various options and exemptions which you can access here.

We have helped many companies with their capital raising and each situation is unique so feel free to reach out if you would like specific input on your context.

From 16 August 2022, the Fair Trading Amendment Act 2021 will create new obligations that are particularly relevant for small businesses. This is a good opportunity to review your standard form contracts, business practices and policies to ensure you comply.

Unfair Contract Terms

The existing prohibition on unfair contract terms will be extended to include business-to-business contracts valued at up to $250,000 per year.

A term may be unfair where:

It would create a significant imbalance in rights between the parties; and
The term is not reasonably necessary to protect the legitimate interests of the party relying on it; and
One of the parties would suffer detriment (financial or otherwise) if the term was to be relied upon.

A court will also take into account the overall context of the contract and the extent to which the term is transparent.

The new legislation will not apply to contracts entered into before 16 August 2022 (unless renewed or varied from that date onwards). Insurance contracts will be exempt until 1 April 2025.

If a Court declares a term to be unfair, it will be an offence for a party to include, apply, enforce or rely on that term in a small trade contract. The offence is punishable by a fine of up to $200,000 for an individual or up to $600,000 for a body corporate.

If your business uses standard form templates that may be caught by these changes, you should review these to ensure compliance. For assistance with reviewing, please contact:

Steven Moe, Partner – stevenmoe@parryfield.com
Michael Belay, Solicitor – michaelbelay@parryfield.com
Yang Su, Law Clerk – yangsu@parryfield.com
Sophie Tremewan, Law Clerk – sophietremewan@parryfield.com

雇主认证工作签证（“AEWV”）将于2022年7月4日推出，以减少剥削，鼓励雇主在雇用移民之前培训、雇用和提高技新西兰本地人的技能。

它将取代六类临时工作签证：

基本技能工作签证——将于2022年7月3日关闭；
基本技能工作签证——原则上批准——将于2022年7月3日关闭；
人才（认证雇主）工作签证——已于2021 10月31日关闭；
长期技能短缺清单工作签证——已于2021 10月31日关闭；
Silver Fern求职签证——已于2021 10月7日关闭；和
Silver Fern实践经验签证——已于2021 10月31日关闭。

在使用经认可的雇主工作签证雇用移民之前，雇主必须：

1、在新体系下申请认证——即“雇主审查”；

2、申请工作检查，以确保他们想要填补的职位不能由新西兰人担任——即“工作审查”；和

3、要求移民工人申请签证——即“员工审查”。

雇主审查

任何在当前体系下的认证雇主（即与人才（雇主认证）工作和居留签证相关的雇主）如果想在新的AEWV体系下雇用移民，必须申请并满足新认证体系的政策要求。

认证有三种类型：

1、标准型 – 在任何时段能雇佣不多于5名AEWV上的移民员工；

2、批量型 – 在任何时段能雇佣6名或6名以上的AEWV移民员工；和

3、其他 – 与特许经营人和劳务公司相关。

雇主现在就可以申请认证。

雇主审查 – 标准型认证

所有希望在AEWV上雇用移民的雇主必须满足标准型认证的如下要求：

1、必须是真正在经营的生意，即：

必须在IRD上注册为雇主；和
如果是以合伙形式或个体户在经营，则企业所有人不得破产或处于无资产程序中；
并且：
在过去24个月内未发生亏损（折旧和税前）；或
过去6个月内的每个月都有正现金流；或
有足够的资本和/或外部投资（例如创始人、母公司或信托公司的资金），以确保该雇主的业务保持可行和持续性；或
有一个可靠的、不少于两年的计划（例如有已签订的业务合约）的，以确保该雇主的业务保持可行和持续性。

“可行且持续”包括能够：

履行财务义务，如支付工资或薪金以及所有其他运营成本和费用；和
购买库存（如相关）。

2、不得有违规的记录，例如：

不能在劳动监察局的雇主黑名单中；
必须遵守移民法，且不能受到因移民相关罪行被定罪而产生的永久禁令的限制；
不能被禁止担任公司负责人；和
不能是破产后重组的公司。

3、必须采取措施以尽量减少对员工的剥削，例如：

为移民员工提供完成就业学习模块的时间；
做出招聘决策的每个人都必须完成就业学习模块；
支付新西兰境内外的所有相关的招聘费用，包括广告费、中介代理费、雇主和工作审查申请费、培训和入职培训、健康和设备安全以及制服，但不包括机票；
向移民员工提供与工作相关的信息（即如何申请IRD号码）和社区援助（例如：如何开立银行账户、寻找出租房）；和
雇主不得向移民员工收取就业附加费，不得非法担保员工，也不得进行任何非法扣费。

新西兰移民局处理标准型认证申请的费用是$740.00。

雇主审查 – 批量型的认证

想要在AEWV上雇佣6名或更多移民员工的雇主必须满足标准型认证的要求。之后，可能会有一项要求，即表明他们致力于培训和提高新西兰人的技能。

新西兰移民局处理大批量型的认证申请费是$1220.00。

如果您有标准型认证，但以后想要在AEWV上雇用6名或更多移民员工，您可以升级到批量型的认证，需要支付给移民局的费用是$480.00。

雇主审查 – 其他认证

对于特许经营人：

必须满足标准型认证要求；
必须已经营至少12个月；和
必须有雇用新西兰人的历史。

新西兰移民局处理特许经营人申请的费用为$1980.00。

对于劳动力雇佣公司：

必须满足标准型认证要求；
必须将移民员工放置在具有AEWV的“合规公司”上。“合规公司”是指：
是新西兰的注册公司；
不在雇主黑名单上；和
已声明他们没有移民法相关的争议；
必须有良好的系统来监控就业和安全条件；
必须有12个月的劳动合同历史；和
公司第三方劳动力必须有至少15%是全职的新西兰人（即每周至少30小时）。

新西兰移民局处理劳工雇佣公司申请的费用是$3870.00。

对于大多数雇主来说，申请认证将是一个简单且相对较低接触度的评估。然而，新西兰移民局可能要求提供额外信息以评估申请，并可能在认证有效期间进行监控。如果新西兰移民局对雇主继续满足认证要求感到不满意，则可能撤销该雇主认证。

因此，我们建议您联系您的律师，以确保您符合要求并且遵守移民法和雇佣法的相关要求。

认证期限

在新西兰移民局批准认证申请后，雇主将获得为期12个月的认证。

延期时，将移民员工放置在第三方公司AEWV上的特许经营人和雇主将获得为期12个月的认证，所有其他雇主将获得为期24个月的认证。

工作审查

从2022年6月20日起雇主可以开始申请工作审查。

劳动力市场测试是指真诚地尝试招募新西兰公民或居民。

除非拟定工作的薪酬为每小时$55.52或以上，或同等年薪，或该职位在绿色名单上，否则所有工作都必须通过劳动力市场测试。

劳动力市场测试的有效期为六个月，自批准之日起，或直至雇主不再持有认证，以较早者为准。

员工审查

移民员工必须满足：

品行要求，例如：从未被判处5年或5年以上有期徒刑；
健康要求，例如：不太可能对新西兰的卫生服务或特殊教育服务造成重大支出或需求；和
证书和工作经验要求。

薪酬

拟议的工作合同的薪酬必须等于或高于工资中位数，即每小时$27.76，且不能低于该职业在新西兰的市场工资率。

如果工作需要有其他没有在ANZSCO职业中描述的技能来完成，则雇主提供的薪酬必须高于该工作的市场工资率。

但是，建筑和基础设施、旅游和酒店业以及护理劳动力部门的特定工作不受工资中位数的限制。

AEWV的货币

AEWV签证可在提供就业的期限内授予，最多可以是：

3年，如果时薪达到中位数；或
2年，如果工资低于工资中位数，除非这2年的签证会导致签证持有人超过停工条件下允许的最长期限（即2年）。

如果工资低于工资中位数的2年工作签证会导致签证持有人超过停工设置允许的最长期限（即2年），则该签证只能在最长期限的剩余时间内发放。

审批时间

预计的审批时间范围是：

标准型和批量型认证 – 10个工作日
工作审查 – 10个工作日
员工审查/AEWV – 20个工作日

请注意，以上并不能替代法律建议，您应该联系您的律师了解您的具体情况。

如果您想开始认证申请流程和工作审查流程，请电话联系我们， 03 348 8480，或通过电子邮件发送至我们的邮箱immigration@parryfield.com

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