Protecting migrant workers from being exploited in Aotearoa New Zealand is taking a back seat to moves to reduce costs.

Equal Employment Opportunities Commissioner Saunoamaali’i Karanina Sumeo said she was frustrated by the lack of progress being made by the Government to prevent the exploitation of migrant workers in Aotearoa.

The Commission recently completed a human rights review of the Accredited Employer Work Visa scheme which found evidence of migrant workers:

• being charged tens of thousands of dollars for fake jobs
• not receiving wages and/or wage records
• living in poverty and sliding into the informal economy where they are exploited with little or no pay and long hours
• living in crowded, unhealthy, unsafe housing or campgrounds.

Recently announced changes to the Migrant Exploitation Protection Visa (MEPV) reduced support for migrant workers experiencing exploitation while doing nothing to reduce the risk of it happening, Commissioner Sumeo said.

“We need significant policy changes to ensure that the AEWV scheme includes and protects the human rights of people who work in our businesses and economy in exchange for a pathway to improve their lives and that of loved ones. The changes need to include requirements for ethical recruitment and an end to the tying of visas to a specific accredited employer.”

Just recently a case before the Employment Relations Authority highlighted the inherent weakness of the system. The unequal relationship allowed the employers to use their power to introduce an ‘insidious’ system where they paid their migrant workers less than minimum wage and less than what was originally agreed.

The Commissioner welcomed a recent announcement from the Government that from December 2024, more partners of AEWV holders will have open work rights in New Zealand. This is a positive step supporting the right to live and raise a family together and for children to be with their parents, but we must do more.

“We also need an enforceable framework for ethical recruitment, meaningful business checks, and stronger ways to remedy the exploitation stemming from a systemic lack of protection,” she said.

“Because it appears to be difficult to control what is happening offshore we need an immigration system that requires employers to recruit responsibly and ethically so they do not allow exploitation to occur.”

The Commission has been told that more resources – including labour inspectors with relevant authority, connections and cultural competence – are needed to ensure the conditions of the scheme are being met and people are not being exploited.

“All legislation and regulation in the world will not stop exploitation without the authorised network of accountability - following up, ensuring compliance, and addressing weaknesses in regulations and the justice system” she said.

The Commission was keen to work with officials so all those involved in the scheme benefitted whether they are an employer, a migrant worker, or an entire industry or sector.

“Aotearoa is competing internationally for skilled talent, so we must ensure we protect and uphold the reputation of New Zealand as a welcoming nation that provides decent work and living conditions – and that access to justice is real for migrants who are exploited.”

The Commission’s review found that workers entering the country under the AEWV scheme who lose their jobs are extremely vulnerable. Their visa being tied to a specific employer makes it hard for them to find legitimate employment elsewhere, and some end up in unregulated, poorly paid work often in the informal economy just to survive.

Notes:

1. The AEWV scheme is the main temporary work visa for Aotearoa. It is intended to make it easier for employers to hire skilled migrants where there is a genuine skill or labour shortage in this country. Under the scheme, skilled migrants can get a visa to work for a specific accredited employer in Aotearoa.
2. The MEPV is available to exploited migrant workers for six months so they can leave their employer to find new work. The ability to apply for a second six-month visa will be removed. The visa will also not be available to workers who have had their job terminated, been made redundant, or have not received wages due to their employer going into liquidation, except in cases where this has occurred alongside other exploitative behaviour or has not followed legal process.

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