Several high-profile cases of migrant exploitation have been uncovered in Auckland in recent years. Photo: RNZ / Blessen Tom
Public submissions for a bill that seeks to criminalise migrant exploitation close on Monday.
Immigration Minister Erica Stanford introduced the Immigration (Fiscal Sustainability and System Integrity) Amendment Bill on 7 April, proposing several amendments relating to offences, penalties and proceedings, among others.
The bill passed its first reading on 24 June and was referred to the Education and Workforce Select Committee.
Introducing the bill in Parliament, Stanford outlined 10 amendments the bill sought to make in the Immigration Act 2009, noting its focus on tackling migrant exploitation.
"The bill addresses a gap in New Zealand's migrant exploitation settings by creating a new offence, which is to knowingly seek or receive a monetary premium for an offer of employment," Stanford said.
"Charging premiums for employment is an increasing form of migrant exploitation and it causes real harm. Often premiums are in the realm of tens of thousands of dollars," she said.
"Currently, the legislation does not cover premiums that are paid before the employment commences, premiums that are made offshore, or situations where a premium is sought or received by someone other than the employer," she said.
"This change makes it even clearer that this behaviour is not tolerated in New Zealand. It will enable us to prosecute more instances of migrant exploitation and hold exploitative behaviour to account."
The bill proposes inserting a new section in the Immigration Act 2009 that creates a new offence.
"It will be an offence for an employment-related person to knowingly seek or receive a premium in respect of the employment or potential employment in New Zealand of a victim," the draft bill reads.
"New section 351A(1) applies before the victim starts work in New Zealand and whether or not they actually start work in New Zealand."
Under the proposed section, a person is defined as a victim if they are domiciled in New Zealand or based overseas and fall within the category of an unlawful worker, a temporary entry class visa holder, a potential temporary entry class visa holder or a potential residence class visa holder.
If approved, section 351A would make it an offence to charge premiums for employment, irrespective of whether a worker has started employment.
At present, the offence only captures situations in which people are actively working in New Zealand and where the employer is the one charging the premium.
The proposed bill widens the scope to include a potential employer, agent or any person involved in the recruitment of a victim.
The penalty for the new offence will be imprisonment for a term not exceeding seven years, a fine not exceeding $100,000 or both.
Arunjeev Singh, general secretary of the New Zealand Forum for Immigration Professionals, criticised some of the bill's content, arguing it gave "unfettered power" to immigration officers and went beyond the relationship of an employer and employee.
Other immigration advisors told RNZ they questioned whether such legislation could be enforced in another jurisdiction if passed into law.
