All employees in New Zealand, including migrant workers, have minimum rights that employers need to comply with.

The exploitation of temporary migrant workers – such as paying less than the minimum wage or making people work excessive hours – is unacceptable and breaches New Zealand law.

Modern slavery and exploitation can take many forms. Things to look out for include:

• Indications that people are sleeping at the work premises
• Security at the building appears to be designed to keep people in rather than out
• Employers holding on to passports of employees
• Stressed/tired workers
• Displaying fear of the employer
• The way the employer treats the employees
• The workers are isolated and have no way of going anywhere without the employer taking them.

Combatting migrant exploitation

The Government has a programme of work to combat migrant exploitation. In July 2021 the Migrant Exploitation Protection Work Visa (MEPV) and new reporting tools were launched. These initiatives help to address migrant exploitation by:

• encouraging people to report instances of exploitation, and
• providing migrants with a pathway to quickly leave exploitative situations.

The Migrant Exploitation Protection Work Visa (MEPV) is a 6-month visa that lets migrants:

• quickly leave an employer who is exploiting them, and
• remain lawfully in New Zealand while there is an investigation into the exploitation.

Migrant exploitation

Migrant Exploitation Protection Work Visa

Employment New Zealand’s online reporting form allows anyone to report migrant exploitation. There is also a dedicated 0800 number (0800 20 00 88) for people to report migrant exploitation.

Report migrant exploitation — Employment New Zealand

Immigration New Zealand’s employer-assisted accreditation system also helps to prevent migrant exploitation by ensuring that non-compliant employers are not able to recruit migrants who have visas linked to their employment.

Penalties for migrant exploitation

The exploitation of temporary migrants or those working unlawfully is a criminal offence under section 351 of the Immigration Act and carries significant penalties. Any person convicted of an offence against this section is liable to imprisonment for a term not exceeding 7 years, a fine not exceeding $100,000, or both. 

Legislation imposes heavy penalties on employers who employ migrants who are not entitled to work or exploit temporary or unlawful migrants working here. Under the Immigration Amendment Act (No 2) employers who exploit migrants face a jail sentence of up to 7 years, a fine not exceeding $100,000, or both. Migrant employers also face deportation if the offence was committed within 10 years of gaining residence.