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Abstract
Over the last two decades, New Zealand has increasingly relied on temporary migrant workers (TMWs) to address labour shortages. This reliance has occurred as part of changes to the immigration system, including working visa conditions and growing diversity in the nationalities and occupations of TMWs entering New Zealand. Correspondingly, there has been a continuous increase in reports of TMWs' labour exploitation. Based on 131 semi-structured interviews conducted in 2019, we outline multiple factors that enable TMWs' exploitation. We analyse both TMWs' and stakeholders' views, and within the latter group, we look at both the demand and supply sides. We discuss related matters, including policy initiatives addressing the issue.
Keywords: temporary migrant workers, exploitation, temporary visas, co-nationality/co-ethnicity, employer-sponsored visas
Introduction
Over the last 20 years, several industries in New Zealand (NZ) have come to rely on temporary migrant workers (TMWs) to fulfil crucial labour shortages. Before the borders closed in 2020 due to the global Covid-19 pandemic, this was evidenced in a substantial increase in migrants coming to NZ and media (and other) reports of their exploitation. Recent headlines read: "A plywood box in a liquor store backroom, home for one of New Zealand's estimated 3000 modem day slaves" (Bathgate, 2021), "MBIE investigating Waikato dairy company Maharaj Farms after migrant worker claims boss didn't pay him for 20 months" (Burrows, 7 August 2021), "Auckland restaurant owner to pay $125,000 over worker exploitation" (2021). The list can go on. The first successful conviction on combined charges of human trafficking and slavery in NZ, in 2020, is evidence of the seriousness of the issues. The charges were brought against Joseph Matamata and related to Samoan TMWs. Matamata was found guilty on ten charges of people trafficking and 13 charges of dealing in slaves; he was sentenced to 11 years in jail.
The NZ Immigration Act 2009 defines exploitation as non-compliance with the Minimum Wage Act 1983, the Wage Protection Act 1983, the Employment Relations Act 2000, and the Holidays Act 2003. The Immigration Act further defines a situation of exploitation where workers are prevented or hindered from leaving their employment. Awareness of TMW exploitation in NZ has occurred parallel with substantial changes in immigration policy and patterns over the last 20 years. Successive governments have sought...





