18. Following the Commission’s public comments raising these concerns,8 the Government announced that the Labour Inspectorate would conduct individual investigations. 19. In September 2022, the Government announced that in response to global workforce shortages, 3,000 additional spaces for workers would be provided under the RSE scheme.9 The Commission raised further concerns about the decision to expand the scheme given the human rights concerns it had already raised about the scheme. 20. In the meantime, the Commission has continued to engage with industry leaders and key informants in the horticulture and viticulture industries to gather their views and insights as to the prevalence and systemic nature of the potential human rights violations that may occur under the RSE scheme. 6 21. The Commission has continued to call for the RSE scheme to be urgently reviewed in its entirety.10 We remain gravely concerned that migrant workers can be exploited and subjected to serious human right violations. 22. This report sets out the human rights and labour law standards that are applicable to migrant seasonal workers. We then apply these standards to what we have heard and observed over the past year. We make recommendations to the government and to businesses in the industry on how the scheme can be improved to meet basic human rights and labour standards. By focusing on New Zealand’s human rights commitments, we hope to provide a constructive framework to improve the RSE scheme in accordance with human rights standards. 8 See Stuff, “Blatant exploitation’: Migrant workers packed in freezing, damp rooms for $150 a week” (8 August 2022) https:// www.stuff.co.nz/business/129496019/blatant-exploitation-migrant-workers-packed-in-freezing-damp-rooms-for-150-a-week; RNZ, “Equal Employment Opportunities Commissioner details grim conditions for RSE workers” (15 August 2022) https://www. rnz.co.nz/national/programmes/checkpoint/audio/2018853580/equal-employment-opportunities-commissioner-details-grimconditions-for-rse-workers. 9 Hon Damien O’Connor and Hon Michael Wood “3000 more RSE workers to ease workforce pressures” (27 September 2022) https://www.beehive.govt.nz/release/3000-more-rse-workers-ease-workforce-pressures. 10 See 1news, Call for ‘urgent review’ into Recognised Seasonal Employer scheme (2 October 2022) https://www.1news. co.nz/2022/10/02/call-for-urgent-review-into-recognised-seasonal-employer-scheme/. Recognised Seasonal Employers (RSE) Scheme: Human rights issues for seasonal workers in Aotearoa New Zealand