The Labour Market Test and the MSD Declaration
New Zealand's labour market test became declaration-based in March 2025. The employer advertises, engages with Work and Income where the skill level requires it, and then declares that it did so — rather than proving direct engagement to INZ. The advertising periods, 14 or 21 days, did not change. The evidentiary burden did.
Quick Facts
| What it tests | Whether a suitable and available New Zealander could fill the job |
| Changed | March 2025 — converted to a declaration-based model |
| Announced | 17 December 2024, in the package that also removed the median-wage threshold |
| Skill level 1–3 (ANZSCO or NOL) | 14 days advertising |
| Skill level 4–5 (ANZSCO) | 21 days advertising plus good-faith engagement with Work and Income |
| MSD | Ministry of Social Development, which delivers Work and Income |
| Peak Seasonal Visa | Work and Income endorsement allowed instead of standard engagement |
| Global Workforce Seasonal Visa | No advertising and no Work and Income engagement |
| Where it is assessed | At the Job Check, NZ$735 |
What a labour market test is
Before an employer can fill a role with a migrant, New Zealand wants to know that New Zealanders had a fair chance at it. That is the labour market test, and in this system it lives inside the Job Check — step two of three.
It has two limbs:
- Advertising — putting the role in front of the domestic labour market for a minimum period.
- Work and Income engagement — for lower-skilled roles, engaging in good faith with the agency that supports New Zealanders into work.
The second limb only applies at ANZSCO skill levels 4 and 5.
What changed in March 2025
The 17 December 2024 announcement described the change plainly: the labour market test was converted to a declaration-based model. The package took effect in March 2025.
| Before | After March 2025 | |
|---|---|---|
| Advertising | Required | Unchanged — still 14 or 21 days |
| Work and Income engagement, skill level 4–5 | Required, with direct engagement to be demonstrated | Required, but declared by the employer |
| Evidence burden at Job Check | Proof of engagement | Employer declaration |
| Consequence of getting it wrong | Job Check declined | Job Check declined and a false declaration exposure |
The same package removed the median-wage pay threshold, cut the minimum work experience for lower-skilled roles from three years to two, and extended the AEWV from two to three years for skill level 4 and 5 roles. See the median wage removed from work visas.
What "declaration-based" really means
It is a shift in who carries the risk, not a relaxation of the rule.
Under the old model, INZ asked to see the engagement. Under the current model, the employer declares it happened and INZ takes that declaration at face value at the point of decision — then verifies later if it chooses to.
For employers, that makes the declaration itself the compliance exposure. A declaration that turns out to be untrue is not a paperwork problem; it goes to the employer's honesty, and honesty is what accreditation is granted on. Compliance action against an accredited employer can end in suspension or revocation of accreditation and placement on a stand-down list — which disqualifies the business from being accredited at all. See employer obligations under accreditation.
For migrants: the change is invisible to you and consequential for you. Faster decisions, because INZ is not waiting on evidence of engagement. But the declaration your visa ultimately rests on was made by someone else, about a process you never saw. If an employer's declaration is later found to be false, the fallout reaches the workers hired under it.
The two advertising periods
| Skill level | Minimum advertising | Work and Income engagement |
|---|---|---|
| ANZSCO skill level 1, 2 or 3 | 14 days | No |
| A National Occupation List job usable for the AEWV or the seasonal Specific Purpose Work Visa | 14 days | No |
| ANZSCO skill level 4 or 5 | 21 days | Yes — good faith |
The extra week at levels 4 and 5 exists because those are the roles where domestic candidates are most likely to be available. The Work and Income limb exists for the same reason.
Note the classification split running through this. Job Checks are assessed against the National Occupation List for applications submitted on or after 3 November 2025, while the Green List and skilled residence pathways still use ANZSCO. A role can sit at one level on one list and a different level on the other, and the advertising period follows the classification used for the Job Check. See the National Occupation List explained.
"Good-faith engagement" with Work and Income
INZ requires engagement in good faith, which is a standard rather than a checklist. In practice it means genuinely working with Work and Income to see whether a New Zealander could fill the role — not a single email sent so that a box can be ticked.
The Ministry of Social Development is the department; Work and Income is the service that deals with employers and jobseekers.
Two variations exist for the seasonal visas:
- Peak Seasonal Visa (PSV) — a Work and Income endorsement may be used instead of standard engagement.
- Global Workforce Seasonal Visa (GWSV) — no advertising and no Work and Income engagement at all.
See job check advertising exemptions.
Who counts as a "suitable and available New Zealander"
This is the definition the whole test turns on. INZ defines a suitable and available New Zealander as a person who is:
| Limb | What it means |
|---|---|
| A New Zealand citizen or resident | Work visa holders do not count |
| Qualified or trainable | They need not already be able to do the job, if they could be trained |
| Living near the job, or able to move to it | Location is part of suitability |
| With a practical way to travel | Getting there has to be realistic, not theoretical |
| Available for full-time work in the hours needed | Including the actual shift pattern |
Each limb narrows the pool, and "qualified or trainable" is the limb that most often cuts against an employer. A candidate who cannot do the job today but could be trained to do it may still be a suitable New Zealander for this purpose. That is why advertisements with inflated minimum requirements attract scrutiny — see advertising a job before a Job Check.
What employers should keep, declaration or not
A declaration-based model does not mean no records. It means the records are not filed with the application — they are what an employer produces if asked.
- The advertisement itself, showing duties, the minimum and maximum pay, the type of work and minimum guaranteed hours, and the minimum skills and qualifications
- Platform listing dates proving the full 14 or 21 days
- The record of engagement with Work and Income, for skill level 4 and 5 roles
- Applications received, and the reasons any New Zealand applicant was not suitable
- The date the advertisement closed — the Job Check must be lodged within 90 days of it
What a migrant can reasonably ask
You have no role in the labour market test and no way to fix it. You can ask four questions:
- What skill level is my role being assessed at? It sets 14 or 21 days, and whether Work and Income engagement applies.
- Has the advertising finished? If not, the Job Check cannot be lodged yet.
- When did the advertisement close? The 90-day window starts then.
- Can I have a copy of the advertisement? Pay offered must match what was advertised — a useful document to hold.
If a role that plainly sits at skill level 4 or 5 has apparently cleared a labour market test in a week, that is worth a further question rather than an assumption.
Frequently Asked Questions
What is the labour market test in New Zealand?
The requirement, assessed at the Job Check, that an employer show New Zealanders had a fair chance at the role — by advertising for 14 days (skill level 1 to 3) or 21 days plus good-faith engagement with Work and Income (skill level 4 to 5) — before a migrant can be hired.
What is the MSD declaration for the AEWV?
Since the March 2025 changes, employers declare their engagement with the Ministry of Social Development's Work and Income service rather than proving direct engagement to INZ. The engagement is still required; what changed is how it is evidenced at the point of decision.
When did the labour market test become declaration-based?
In the March 2025 AEWV package, announced on 17 December 2024. The same package removed the median-wage pay threshold, cut minimum work experience for lower-skilled roles from three years to two, and extended the visa from two to three years for skill level 4 and 5 roles.
Who counts as a suitable and available New Zealander?
A New Zealand citizen or resident who is qualified or trainable for the job, living near it or able to move, with a practical way to travel, and available for full-time work in the hours needed. "Trainable" is included, so a candidate who cannot do the job today may still count.
Do all jobs need Work and Income engagement?
No. It applies to ANZSCO skill level 4 and 5 roles. Skill level 1 to 3 roles need 14 days of advertising and no Work and Income engagement, and Global Workforce Seasonal Visa roles need neither advertising nor engagement.
Does a declaration-based test mean employers no longer keep evidence?
No. It means the evidence is not filed with the Job Check. Advertisements, listing dates, engagement records and applicant outcomes still need to be held, because a declaration can be verified after the fact and a false one puts the accreditation at risk.
General information only. This page explains published Immigration New Zealand rules and does not assess whether any employer has met them. It is not immigration advice under the Immigration Advisers Licensing Act 2007. Rules as published 20 August 2026.
