Immigration New Zealand Faces Criticism Over 'Inappropriate' Internal Guidance on Chinese Nannies

Immigration New Zealand has come under scrutiny for an 'inappropriate' internal guideline that specifically targeted applications from Chinese nationals for a Specific Purpose Work Visa (SPWV), a visa category intended for nannies working with New Zealand families. The controversial guidance, which was released in May 2024 and obtained through the Official Information Act, suggested that SPWVs should not be granted to Chinese nannies, citing concerns about the potential negative impact on job opportunities for New Zealand citizens or residents. Instead, the guidance encouraged such applicants to pursue an Accredited Employer Work Visa (AEWV).

The advisory sparked significant debate, with critics arguing that the language used in the document was discriminatory and potentially racially profiling. This concern was further amplified in August 2025, when an Auckland High Court judge, Gerard van Bohemen, ruled that the guidance was not a change to long-standing immigration policy and that the decision to reject a specific application was not predetermined, biased, or unreasonable. However, the judge specifically criticized the use of the phrase 'nannies from China' as inappropriate and racially profiling, emphasizing that the guidance must apply equally to all applicants.

While the judge acknowledged that the fact of Chinese nationals applying for such visas was a matter of record, he emphasized that the language used in the advisory was flawed and should be revised. This ruling has prompted Immigration New Zealand to review its guidance materials to ensure neutrality and alignment with best practices.

Peter Elms, visa director at Immigration New Zealand, explained that the SPWV was designed for short-term, specific purposes—such as accompanying an overseas employer’s family—and not for general employment. He noted that the AEWV is the primary pathway for temporary work, with employers—such as private families—required to become accredited, meet financial and compliance standards, and pass a job check to ensure fair employment practices.

Data from Immigration New Zealand shows that over the past 10 years, 97 Chinese nationals have applied for SPWVs as nannies, with 86 approved, seven declined, and four withdrawn. This case has highlighted broader concerns about bias and the need for equitable, non-discriminatory visa policies that apply consistently to all applicants, regardless of nationality.

The incident underscores the importance of transparency and fairness in immigration policy-making. As the immigration sector continues to evolve, ensuring that guidelines are not only legally sound but also culturally and socially appropriate will be crucial in maintaining public trust and upholding the principles of equity and non-discrimination.