Transport Agency says migrant workers did not blow the whistle on Northland transport company

Wednesday, 1 May 2019

The NZ Transport Agency has confirmed Associate Transport Minister Shane Jones was told in late March that migrant drivers had not dobbed a Northland company facing the loss of its transport licence.

This was almost two weeks before his comments in Parliament questioning what inducements the agency was offering Filipino migrant drivers to begin 'acting as pimps' in reporting illegal activity by operators such as Stan Semenoff' Logging (SSL).

The Northland company has mounted a legal battle against Transport Agency moves to revoke its transport licence over long standing safety issues, and National's Economic and Regional Development spokesman Paul Goldsmith claimed Jones had breached Cabinet rules by intervening in the case while it was before the courts.

Following an Official Information Act request from Stuff, the Transport Agency confirmed that on March 25, at the conclusion of a meeting on an unrelated issue, Minister Jones had a brief conversation about compliance action against SSL with agency chief executive Mark Ratcliff.

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Immigration NZ declined Stan Semenoff Logging's application to become an accredited employer because it did not make sufficient efforts to hire Kiwis. (File photo)

Three days earlier SSL had won a High Court application for interim permission to continue operating pending a judicial review of the licence revocation which would have taken more than 40 trucks off the road, affecting contracts with 25 companies from Kaitaia to Auckland.

A further court hearing is set down for late May.

In response to the Minister's request for more information on the SSL case, the agency sent him a memo outlining media coverage of its enforcement actions, and making it clear no drivers had come forward as whistle blowers.

'The Transport Agency recognises the complexities of the situation with SSL.

'It has been alleged by journalists and First Union that SSL manipulates migrant workers into breaching basic safety standard (sic), due to their immigration status and a concern that they (the drivers) might get in trouble with the Transport Agency, they are fearful to speak up.

'To date we have not had any drivers come forward,' the agency memo said.

Jones said he had commented extensively on these matters since the issue arose, and he had nothing further to say.

Meanwhile, Immigration NZ (INZ) confirmed that last August it declined SSL's application to become an accredited employer because the company had not provided sufficient evidence of a commitment to training and employing New Zealanders.

INZ said that decision was made prior to any compliance action by the Transport Agency.

Accredited employers must meet certain criteria, including an annual salary of at least $55,000, and after two and a half years skilled migrants can apply for residency.

INZ assistant general manager Peter Elm said that of 36 current applications from Stan Semenoff Logging, 15 were for individuals offshore, and 21 for workers already in New Zealand.

All applications had been on hold since December while verification work was undertaken, and it was not possible to put a timeframe on how long this might take.

In the last 12 months INZ has granted work visas for 993 truck and bus drivers.

Last year it approved 32 applications from transport operators seeking approved employer status, and SSL was one of five declined.

The company was approached for comment but had not responded by publication.