in this review, we note these changes appear
to negatively affect the right to family including
to live and raise a family together and for
children to live with their parents.31 One way to
meaningfully uphold this right is for temporary
migrant visas, like the AEWV, to allow participant
workers to sponsor family members.32
4.4 Further media reports and review
Reports of migrant exploitation continue to
receive media coverage. On 28 May 2024, the
New Zealand Herald reported on a determination
of the Employment Relations Authority, Labour
Inspector v JDFoods Ltd.33 In JDFoods there
were three workers “on less than $8 per hour”
who “were told they had to give $30,000 to
their employers to remain in the country or
risk deportation”.34 In addition the employer
breached its minimum obligations in respect
of annual holidays, public holidays35 and
requirements to keep wage and time records.
There was “compelling evidence” of falsified
records.36
In October 2023, the Commission was
approached by a community stakeholder,
raising housing issues for migrants on the AEWV
visa in their community. Since January 2024
the Commission has taken steps to examine
and review the scheme focusing on interviews
with workers and other key stakeholders from
affected communities. This included meeting with
an immigration agent who expressed concerns
about the lack of checks being completed on
applications. This agent reported that, following
the review, INZ continued to allow ongoing
automatic acceptance of employer accreditation
applications without scrutiny.
It is against this background that a human
rights review of the scheme was prioritised by
the Commission. The following human rights
framework has governed the review.
31
‘We wanted workers, but human beings came’: Human Rights and Temporary Labour Migration Programme in and from Asia
and the Pacific, 2022, issued by the Office of the United Nations High Commissioner for Human Rights, p29.
32
Ibid, p30.
33
[2024] NZERA 288.
34
Extortion of immigrants exposed as Hamilton restaurant ordered to pay $99K in damages - Waikato Herald
35
Labour Inspector v JDFoods Ltd, paragraph [32]
36
Ibid, paragragh [38].
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