‘Virtual slavery, like the 18th century but worse because we were imprisoned.’
That was the description by crew members of foreign fishing vessels working within New Zealand’s Exclusive Economic Zone.
Researcher Dr Glenn Simmons found that crew members would often be forced to work up to 70 hours without sleep, were subject to daily beatings, harsh punishment and frequently even sexual assault and rape.
New Legislation
The robust evidence of exploitation presented by Glenn Simmons, investigative journalists such as Michael Field and the trade union movement compelled the Government to respond with new legislation.
The result is that from May next year foreign vessels fishing in New Zealand’s zone must be flagged to New Zealand and subject to our labour laws.
Glenn, who is a Research Fellow of the New Zealand Asia Institute based in the Business School at Auckland University, is now conducting a survey of 1000 migrants to determine the extent of exploitation of those working in New Zealand. We know from well publicised cases that there is serious exploitation of new migrants and those on work and study visas by some unscrupulous employers.
Vulnerable migrants
Migrants are especially susceptible to exploitation because many do not understand their rights in the workplace and face communication barriers because English is their second language. Many particularly fear speaking out may jeopardise their employment.
For those on work visas their visa may constrain them from seeking employment elsewhere and they are concerned that losing their job, even if they are being exploited, will mean losing their right to remain in New Zealand.
Many of those vulnerable to exploitation are on study visas which allow them to work only 20 hours a week. Yet they are often in debt to cover the commission charged by recruitment agencies, fees for the cost of their education and the costs of meeting expenses such as accommodation.
Illegal employment
Wages for 20 hours do not come close to meeting these costs so they work illegally for much longer hours. Employers can easily exploit students in this position.
In a recent case involving Masala Restaurants, an employer pleaded guilty to making an employee work 66 hours a week but telling him to record only 16 hours on his timesheet. He was paid just $250 a week.
Sadly this is just the tip of the iceberg.
A US State Department report on New Zealand in July bluntly described the Government’s efforts to protect migrant workers from exploitation as ‘weak.’
New Zealand, it said, ‘needs to significantly boost efforts to protect vulnerable workers.’
Poor record
In a Regulatory Impact Statement to Parliament, the Ministry of Business Innovation and Employment reported that there had since 2010 been only two successful prosecutions of migrant workers who had been exploited.
This was despite 110 complaints alleging exploitation which themselves were a fraction of the estimated cases of workers being paid well below the minimum wage and subject to illegal working conditions.
There are now new penalties against exploitative employers that are quite severe.
Real doubt exists, however, as to whether the Government will put in the resources needed to hold bad employers to account.
Bad employers will only change their ways if they believe that eventually they will be caught ripping off their employees.
We must ensure that the culture and environment which allows new workers to this county being treated so badly is changed.
Every person working in New Zealand, whether a citizen, a new permanent resident or someone on a work or student visa, deserves fair pay and employment conditions.
Our immigration rules should be consistent with this outcome and we should invest properly to ensure that the laws of our country are properly upheld.
Phil Goff is former Foreign Affairs, Trade and Justice Minister and has been Member of Parliament for almost 35 years. Elected from Mt Roskill, he is today Labour Party’s Spokesperson for Ethnic Affairs and Auckland Issues.
