8.5 Right to an effective remedy and
access to justice
The right to access an effective legal remedy if
your human rights are violated is an important
principle in human rights.112 The Commission
spoke with workers who had negative
experiences when seeking resolution through
the migrant exploitation hotline and with labour
inspectors. As well as concerns with government
agencies, migrant workers face other barriers, for
example workers in informal employment did not
think they could practically report employment
issues given their immigration status and
concerns about deportation. Other workers
feared employer threats or potential retribution
(detailed above) and some workers expressed
a lack of understanding of their rights and how
remedies could be accessed and/or a general
lack of knowledge and support in navigating the
legal system.
INZ promotes a free phone number that migrant
workers can use to report migrant exploitation
known as the ‘migrant exploitation hotline’.
Reports of migrant exploitation can make a
worker eligible to receive a Migrant Exploitation
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Protection Visa. This visa is valid for six months
or the remaining time of the visa, whichever is
shorter (with a potential for an extension).
Two workers who reported exploitation to
the hotline were critical of investigations into
their complaints. One worker described it as
“no help” and both felt their complaints were
not adequately investigated or followed up.
Neither was hopeful they would receive the
compensation or wage arrears they considered
was owed. Both were sceptical that the employer
would cease trading and one said the person that
had exploited them was involved with multiple
other accredited companies. Other workers told
the Commission they had experienced migrant
exploitation but had decided not to report it to
the hotline for various reasons, including lack of
confidence that they would receive support, not
wanting to transition to the Migrant Exploitation
Protection Visa, and fears of deportation. Some
workers expressed a concern about transitioning
from the multi-year AEWV visa to a six-month
or the remaining time of the visa, whichever is
shorter visa.
See, for example, article 2.3 of the International Covenant on Civil and Political Rights.
The Accredited Employer Work Visa (AEWV) scheme in Aotearoa New Zealand: A Human Rights Review