Immigration construction crackdown may lead to other cases

Wednesday, 24 March 2021

MBIE says the workers had been in New Zealand from between 17 months to over three years.

The deputy head of Immigration New Zealand says Covid-19 may have put some foreigners in vulnerable situations, tempting them into unlawful work.

Stephen Vaughan was speaking after an Immigration New Zealand visit to an Auckland commercial construction site on Tuesday ended with 10 men being taken into police custody for working unlawfully.

He said he could not go into details but said inspectors had come across some ‘’behaviour'' that could not be ignored

As a result, action was being taken in relation to a number of other construction sites and areas through the country, he said.

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‘’There are other pieces of information we have that might indicate that other construction employers aren't acting in the spirit of the labour laws in New Zealand and employing people who are quite vulnerable due to their visa status.'’

Vaughan said Immigration New Zealand's operation began a year ago, with a particular focus on construction, hospitality and retail.

Part of the work was really to gather information on employment of migrant labour. But he acknowledged Covid, which has seen many overseas labourers return home, had accelerated the issue.

‘’A Covid-impacted world does have some ramifications for migrant labour or temporary visa holders, who have lost their jobs or support and as a result are on a path to becoming unlawful workers in New Zealand and are vulnerable to exploitation.’’

Construction, hospitality and retail were not the only other sectors that employed temporary workers, he added.

Some employers were fantastic “but on other occasions, you visit hospitality or retail or construction areas and you find substandard work practices and they are the individuals that we are holding to account”.

As for the workers, who are Chinese nationals, arrangements were being made for their deportation, Vaughan said.

The workers had been in New Zealand unlawfully for periods ranging from 17 months to three years four months.

They could exercise any appeal options open to them. However, 70 per cent of people faced with deportation left the country voluntarily, meaning they still had the option to legally re-enter the country.

Vaughan said education packs had also been provided to employers to ensure they understood their obligations.

Using unlawful labour disadvantaged businesses that followed the rules and were doing the right thing by foreign workers, and it was not in the best interests of migrants either, he said.

Being unlawfully in the country mean their visa had expired and they had not applied for a variation or different visa. They needed to do so, or leave New Zealand.

‘’And we’re in a position to assist people to leave New Zealand because in our view, it is those unlawful workers who are vulnerable to … exploitative practices.’’