human rights risk. One approach could be
to require accredited employer involvement
with reputable industry bodies who can
participate in compliance with minimum
standards and have the scale and track
record to ensure employment standards are
met and human rights risks are mitigated.
This could have the benefit of reducing the
likelihood of workers being recruited to fake
jobs. Involvement could also be designed
to assist workers to move easily between
different businesses within the industry.
•
•
•
6
in need of specific human rights protections.
Ratification of the treaty was a notable
theme at New Zealand’s 2024 UN Universal
Periodic Review.5
•
Promote and fund initiatives that have
a proven record of protecting workers’
human rights. There are businesses,
unions, advocates and migrant community
groups involved in initiatives that have
positive human rights outcomes for migrant
workers. Many of these initiatives could
be expanded and the experiences and
information generated by these groups used
to shape AEWV policy. We are not aware of
any current government initiatives/funding
streams that provide funding for advocacy
or other support to workers under the AEWV
either directly or through community or nongovernmental programs. The Government
should work closely with, and consider
better resourcing, these organisations as
an effective means of combatting migrant
exploitation and human rights breaches.
In the AEWV scheme, and in any review,
provide meaningful opportunity for
involvement of Tangata Whenua, hapū
and iwi in policy design. Such input would
include allowing Māori to determine the
use of te ao Māori concepts in relation to
the scheme. Such involvement should be
appropriately funded.
Make New Zealand party to the
International Convention on the Protection
of the Rights of All Migrants Workers and
Members of their Families. The treaty
acknowledges that migrant workers are
regarded internationally as vulnerable and
Implement effective and specific modern
slavery legislation. Effective modern slavery6
legislation must include human rights due
diligence requirements, including that steps
are taken by dominant actors in supply
chains to ensure there is no exploitation
within their supply chain. Stakeholders who
were involved in large projects reported
adverse human rights outcomes. Due
diligence is an important mechanism to
ensure there is proper oversight of human
rights risks including mitigation, elimination
and remediation.
There is growing international pressure
for modern slavery legislation. It was
recommended by Brazil and the United
Kingdom in the 2024 UN Universal Periodic
Review with Mexico recommending that New
Zealand’s legal framework needs to prevent
cases of modern slavery.
In April 2024, the European Union (EU)
imposed mandatory corporate due diligence
requirements through the Corporate
Sustainability Due Diligence Directive.7 This
will require large companies doing business
in the EU to conduct due diligence on human
rights and environmental impacts.
•
Undertake a national plan of action for
business and human rights. Prioritise the
adoption and development of the action plan
which should include an all of government
response to migrant exploitation.
2.2.2 Recommendations to business
•
Do not accept free or unreasonably
cheap recruitment services. Ensure you
engage ethical recruitment agents by asking
questions of the recruitment process and
checking assurances.
5
Honduras, Madagascar, Niger, Nigeria, Egypt, Columbia, Côte d’Ivoire, Bolivia, Bangladesh, Afghanistan, Uruguay, Paraguay,
Philippines, Senegal and Algeria all recommended that New Zealand either ratify or consider ratifying the treaty.
6
See definition of modern slavery at section 7.7 below.
7
See: https://www.mfat.govt.nz/en/trade/mfat-market-reports/european-union-corporate-sustainability-due-diligencefebruary-2024
The Accredited Employer Work Visa (AEWV) scheme in Aotearoa New Zealand: A Human Rights Review