Gild Legal is proud to announce a significant success in arguing a case for Gymnastics Coaches in New Zealand. This will enable the recruitment of highly skilled overseas gymnastics coaches under the Accredited Employer Work Visa (AEWV) scheme as described below.
The role of Gymnastics Coach (ANZSCO 452312) is generally classified by Immigration New Zealand (INZ) as a skill level 4 occupation. This classification typically requires employers to engage with the Ministry of Social Development (MSD) and meet more stringent labour market testing requirements. However, under newly introduced immigration instruction WA3.16(d)(iii), roles at skill level 4 or 5 can be assessed at a higher skill level where the ANZSCO definition explicitly notes such a possibility and the employer requires qualifications and experience consistent with that higher level.
Initially, INZ rejected our interpretation, assuming that the roles cannot be classified at a higher skill level because the level is not noted in ANZSCO. Gild Legal responded with a detailed legal submission, clarifying the proper application of WA3.16(d)(iii) and challenging the reliance on non-legislative sources such as the INZ website and National Occupation List which is not currently in force.
We argued that:
- The ANZSCO definition for Gymnastics Coach expressly states that some roles in this occupation are at a higher skill level.
- Some roles require a minimum of three years’ experience, international judging expertise, and advanced knowledge of Women’s Artistic Gymnastics (WAG) — all aligning with a skill level 3 role.
- Immigration instructions must be interpreted purposefully in accordance with the Interpretation Act 1999.
Our position was ultimately accepted by INZ’s Practice Lead and Operational Policy Team, who confirmed that the role met the criteria for a skill level 3 classification, thus exempting the employer from MSD engagement and unlocking access to a 5-year work visa pathway under the AEWV scheme.
This case sets a valuable precedent for other sporting organisations across New Zealand seeking to bring in specialist international talent where local expertise is limited. It also underscores the importance of precise policy interpretation and strong legal advocacy in overcoming operational barriers within INZ’s processes.
At Gild Legal, we are committed to supporting employers in navigating complex immigration settings with confidence and clarity. If your organisation requires assistance with Job Check applications or AEWV policy matters, we welcome your enquiry.
Contact us to learn how we can assist your business with strategic immigration solutions.
