Cummings v KAM Transport Limited [2025] NZHRRT 9 serves a timely reminder that claims under the Privacy Act 2020 could have significant financial consequences for employers.
Seasonal Workforce Demand Requires Seasonal Visa Pathway
The Government has introduced two new visa options under the Accredited Employer Work Visa framework, meaning that understanding the type of individual employment agreement your staff should be on is vital.
To address labour shortages during peak season, the Government is introducing two new visa options under the Accredited Employer Work Visa (AEWV) framework: the Global Workforce Seasonal Visa (GWSV) and the Peak Seasonal Visa (PSV).
From 8 December 2025, the GWSV and PSV will be available. The seasonal visas are designed to help accredited employers bring in workers for short-term roles driven by seasonal environmental peaks, while maintaining fair and consistent immigration settings and prioritising jobs for New Zealanders.
Immigration Minister Erica Stanford says, “we know the success of our seasonal industries is critical to growing the economy. These new visas will make it easier for employers to bring back experienced seasonal workers and to fill short-term roles that are hard to fully staff locally. We are making sure that businesses can access the right people at the right time, while also protecting opportunities for Kiwis.”
How the Visas Work
Global Workforce Seasonal Visa (GWSV)
This visa is for a skilled seasonal role and is valid for up to three (3) years. Employers need to get a job check for a seasonal role and then a worker applies for the seasonal visa. Visa holders must spend at least three (3) months outside New Zealand each year.
Applicants need to have worked in a relevant seasonal role for at least three (3) seasons in the past six (6) years. There is no Labour Market Test or English language requirement, and visa holders can transition to other visa types.
Roles covered under this visa
- Agricultural and Horticultural Mobile Plant Operator
- Agricultural Technician (for example sheep or animal pregnancy scanner)
- Chairlift Operator
- Tulip Grower
- Thoroughbred Yearling Preparer
- Snow Groomer
- Mountain or Glacier Guide
- Outdoor Adventure Instructor
- Primary Products Inspector
- Shearer
- Slaughterer
- Snow Sports Instructor
- Snow Maker
- Snowsport Equipment Technician
- Whitewater Rafting Guide
- Wine Maker
- Winery Senior Cellar Hand
Peak Seasonal Visa (PSV)
This visa is for entry-level or lower-skilled seasonal roles and is valid for up to seven months. After reaching the 7-month limit, visa holders must take a 4-month break before reapplying.
Applicants need at least one (1) season of relevant experience in the past three (3) years and must hold comprehensive health insurance. There is no language requirement, but employers must engage with or be endorsed by Work and Income New Zealand.
Roles covered under this visa
- Mussel or Oyster Farm Worker
- Calf Rearer
- Relief Milker
- Forestry Worker
- Meat Boner and Slicer
- Meat Process Worker
- Seafood Process Worker
- Winery Cellar Hand
- Wool Handler
Visa holders under both pathways cannot support partner or dependent visas. They can only change jobs within the same visa type. Applicants moving from a student or work visa will retain interim work rights while their new visa application is being processed.
What is a seasonal role?
Each visa includes a list of jobs that are considered seasonal. However, Immigration New Zealand will still need to confirm that the job being offered genuinely fits that definition. One way to assess this is by looking at how long the job lasts – for example, whether it aligns with the industry’s peak season. This helps ensure the visas are used for genuine short-term needs, not to fill permanent roles. Employers will be required to advertise these roles, as well as engage with MSD, to ensure that New Zealand workers continue to be prioritised.
Ms Stanford says, “these visas are designed to reflect the realities of seasonal work and the diverse range of skill levels involved. They’ll help fill critical roles in industries where employers struggle to find enough New Zealand workers at peak times. From ski instructors guiding first-timers down the slopes to wine makers helping create next year’s vintage, these visas are designed to keep seasonal industries humming.” The intention is that, “these changes are part of our plan to deliver smart, flexible and nuanced immigration solutions to help grow our economy,” Ms Standford says.
What employers need to know
To support a worker under either visa, employers must:
- Be accredited under the AEWV scheme
- Complete a Job Check for the role
- Ensure the role meets the definition of seasonal work
- Have the right individual employment agreement for seasonal work.
For further guidance on how to provide individual employment agreements for seasonal workers, reach out to our employment team at Harkness Henry led by Alexandria Till.
This article is current as at the date of publication and is only intended to provide general comments about the law. Harkness Henry accepts no responsibility for reliance by any person or organisation on the content of the article. Please contact the author of the article if you require specific advice about how the law applies to you.