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New measures to combat migrant exploitation

Hon Michael Woodhouse

Minister of Immigration

23 June 2013       

Media Statement

New measures to combat migrant exploitation
Immigration Minister Michael Woodhouse has announced measures to combat the exploitation of migrant workers, and make it clear that unlawful and exploitative behaviour will not be tolerated in New Zealand.
“By breaking the law, unscrupulous employers not only harm their staff but they also gain an unfair advantage over their law-abiding competitors.
“New proposals will see exploitative employers face lengthy prison time, hefty fines, and in some cases deportation back to their country of origin. Changes have also been made to encourage victims of exploitation to come forward.
“I plan to amend the Immigration Act to make it a specific offence to exploit migrants who hold temporary work visas.  The proposed penalty will reflect the seriousness of the offence – imprisonment for up to seven years, a fine not exceeding $100,000, or both.
“Unlawful migrants are already protected by the Act in this way, and it is only right that lawful migrants have the same protections,” Mr Woodhouse says.
“I also propose to make exploitative employers with residence visas liable for deportation if the offence was committed within 10 years of gaining residence. We are seeing an increasing number of cases where the crooked employer is themself a migrant, taking advantage of vulnerable people from their own community.
“Changing the law to make such employers liable for deportation sends a strong message that the government will not tolerate such behaviour.”
Mr Woodhouse says that the legislative changes are likely to be introduced by August, and are in addition to a number of other steps being taken by the government to address the issue of migrant exploitation.
“Last week I signed off on an immigration policy change to encourage victims of exploitation to come forward so that action can be taken. There are currently few incentives for migrants to report exploitative practices by employers – particularly when the worker is in breach of their visa conditions, or is unlawful. 
“The new policy means that in cases of serious workplace exploitation, migrants who come forward will be allowed to remain in New Zealand while they apply for a new visa. This will also help us better understand the true extent of migrant exploitation in New Zealand.
“I am also working closely with the Minister of Labour, Simon Bridges, to ensure cross-agency collaboration on this important issue.  He is looking at operational and legislative mechanisms to improve enforcement of minimum employment standards, including proportionate and severe sanctions for serious breaches.”
“Ministers have made it clear to agencies that we expect a whole-of-government response to combating migrant exploitation, and MBIE’s Labour Inspectorate and Immigration New Zealand are undertaking joint enforcement actions targeting the fishing, hospitality, horticulture and viticulture industries.
“The decision last year to require the reflagging of foreign-owned fishing vessels clearly demonstrated that putting a stop to illegal exploitation is a priority for the Government. These new immigration changes are another important step towards achieving that goal.”


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