Workers in Tonga seeking jobs in New Zealand cannot legally be charged recruitment fees, even if the payments are made in Tonga, following a landmark Employment Court ruling.
The ruling matters for Tonga, where workers have long relied on New Zealand employment opportunities, particularly through the Recognised Seasonal Employer (RSE) scheme, raising important questions about protection from unlawful recruitment charges.
According to a 1News report published in August, 1,676 Tongan workers participated in the programme during the 2025/26 season.
Immigration New Zealand (INZ) announced the ruling on Tuesday, 20 October, saying it confirmed that the Wages Protection Act 1983 prohibits such payments regardless of where they are made.
Overseas Recruitment Fees Prohibited
INZ National Manager Risk and Verification Aaron Smith said the Court’s decision established an important precedent in combating migrant exploitation.
The prohibition covers payments made by prospective workers or on their behalf by relatives, friends or others, including payments collected by agents acting for New Zealand employers.
“The Court’s decision provides a legal tool to help combat this exploitation,” Smith said.
“It makes it clear no matter where the worker is, how much is paid, and regardless of to who, that it is illegal to charge a fee for a job in New Zealand.”
Smith said migrant workers paying substantial sums for promises of employment and residency remained a widespread feature of exploitation.
Implications For Tongan Workers
Tonga has long supplied seasonal workers to New Zealand’s horticulture and viticulture industries, where they are employed in fruit harvesting, orchards, vineyards and produce packing.
Recruitment may be conducted directly by New Zealand employers or through overseas agents operating under established labour mobility arrangements.
Immigration New Zealand requires employers using recruitment agents to cover recruitment costs both inside and outside New Zealand rather than passing those expenses on to workers.
The ruling also has implications for Tongans recruited through other employment pathways, including the Accredited Employer Work Visa scheme.
However, legitimate visa application fees, medical examinations and other authorised immigration expenses are distinct from unlawful payments demanded in exchange for securing employment.
Employers Face Legal Consequences
Smith urged migrant workers who believed they had been misled or pressured into paying for job offers or visa support to report their experiences to Immigration New Zealand.
“Anyone who believes they have been misled or pressured into paying for job offers or visa support should contact us,” he said.
Although INZ cannot itself recover money paid in job scams, it has enforcement options against New Zealand employers responsible for unlawful recruitment charges.
“If you break the law, misuse your position, or take advantage of migrants for financial gain, including through making false job offers, there will be consequences,” Smith warned.
The ruling does not establish that recruitment agents operating in Tonga have engaged in unlawful practices, but it strengthens legal protections for workers recruited overseas and reinforces employers’ accountability for recruitment arrangements involving third parties.
