Recommendations
99. Based on the Commission’s observation,
it appears that significant breaches of
human rights and labour standards may be
taking place under the RSE scheme. The
recommendations below are based on what
the Commission has seen and heard and
reiterates many of the recommendations
made by the ILO in its June 2022 report
“Seasonal worker scheme in the Pacific
through the lens of international human
rights and labour standards”.65
100. The Commission urges the Government
to urgently review the RSE Scheme and
implement human rights-based changes
before the next season in 2023. The review
should be done through a human rights lens,
as identified in this report. The review of the
scheme should include input from RSE
workers, in a manner that is culturally and
linguistically appropriate and safeguards the
rights of workers, as well as representatives
who can provide a Pacific voice.
101. New Zealand should also consider ratifying
relevant ILO instruments and the
International Convention on the
Protection of the Rights of All Migrant
Workers and Members of their Families,
which would ensure greater consistency
with international standards and lead to
the enhanced protection of workers.66
20
102. The Commission recommends that
the following issues be addressed
immediately. Many of these
recommendations reflect those made by
the ILO in June 2022.67
Offer of employment: All employers should
be required to use standard form offers of
employment and contracts that contain not
only the terms of employment for the individual
worker, but also information on minimum
employment and accommodation standards
required by New Zealand law. Employment
conditions and worker deductions should be
transparent in the agreement.68
Choice of employment: Ensure free choice of
employment by removing the requirement that
RSE worker visas are tied to a single employer
and allow them to seek employment within
the pool of approved Recognised Seasonal
Employers.69
Deductions: Ensure deductions are minimal
and transparent and comply with the Wages
Protection Act 1983 and Minimum Wage Act
1983.
Early return home and system for repayment
of migrant-related debt: Establish a clear
process for workers who wish to return home
prior to repayment of their debt related to
migration costs.70
65
See recommendations from p. 158.
66
See International Labour Organization, Seasonal worker schemes in the Pacific through the lens of international human rights
and labour standards, Technical report, p. 154.
67
International Labour Organization, Seasonal worker schemes in the Pacific through the lens of international human rights and
labour standards, Technical report https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-bangkok/---ilo-suva/documents/
publication/wcms_847010.pdf.
68
See ILO Report, p. 156
69
See ILO Report, p. 161.
70
See ILO Report, p 157.
Recognised Seasonal Employers (RSE) Scheme: Human rights issues for seasonal workers in Aotearoa New Zealand