52573 (2024). Teanau Tuiono to the Minister of Immigration

52573 (2024). Teanau Tuiono to the Minister of Immigration: Will the Minister require effective regulation and standards for the ethical recruitment of migrant workers entering Aotearoa as a condition of employer accreditation as recommended in the report 'The Accredited Employer Work Visa (AEWV) scheme in Aotearoa New Zealand: A Human Rights Review' and if not why?

Hon Erica Stanford: Conditions are set for employers who recruit migrants under the Accredited Employer Work Visa (AEWV). This includes: - complying with specific immigration, employment and business standards - providing settlement support information - being a genuinely operating business or organisation. Immigration instructions also prohibit employers from passing on recruitment costs to migrant workers and charging fees to AEWV holders or applicants outside of New Zealand, that would be unlawful in New Zealand, including, but not limited to any payment to secure or retain an employment relationship. Section 351 of the Immigration Act 2009 sets out the offences employers can be charged on for exploiting migrant workers. Those guilty can be liable for a term of imprisonment up to 7 years and/or a fine up to $100,000 for offences that include: - serious default under the Minimum Wage Act 1983 - serious contravention of the Wages Protection Act 1983 - serious failure to pay to the employee or worker money payable under the Holidays Act 2003 - preventing or hindering the employee from leaving the employers’ service - preventing or hindering the employee from leaving New Zealand - preventing or hindering the employee from finding out their rights and entitlements - preventing or hindering the employee from disclosing the circumstances of their work to anyone. While these provisions in the Act and the immigration instructions are useful tools to regulate ethical employment of migrants, I acknowledge that further work can be done to deter unethical migrant employment practices. This is being considered further as part of the review of the AEWV currently underway.