DOIA 2324 0707 Aulia Sastra Hidayat Response.pdf

27 October 2023

Aulia Sastra Hidayat
Email: [FYI request #24266 email]

Ref: DOIA 2324-0707

Tēnā koe Aulia,

Thank you for your email of 28 September 2023 to the Ministry of Business, Innovation and Employment
(MBIE) requesting, under the Official Information Act 1982 (the Act), the following information:

1. The total number of cases where individuals or entities were arrested and prosecuted for
exploiting il egal overstayer immigrants in New Zealand over the past 10 years.
2. Information on the types of exploitation or offenses for which these individuals or entities were
arrested and prosecuted, such as labour exploitation, human trafficking, or other related offenses.
3. Any statistics or data related to the demographics of the exploited overstayer immigrants,
including their nationalities and age groups.
4. Details on any government support or services provided to the exploited overstayer immigrants
during or after legal proceedings, including but not limited to immigration assistance, counsel ing,
or social services.
5. An overview of the policies, programs, or initiatives implemented by Immigration New Zealand
and the Ministry of Business, Innovation, and Employment (MBIE) to prevent the exploitation of
il egal overstayer immigrants in New Zealand.
6. Any partnerships or col aborations between government agencies, non-governmental
organizations, or international organizations aimed at addressing the exploitation of il egal
overstayer immigrants.

Our response

1. The total number of cases where individuals or entities were arrested and prosecuted for
exploiting il egal overstayer immigrants in New Zealand over the past 10 years.

MBIE can advise that, in the previous seven years, there have been a total of 12 investigation cases with
18 individuals (18 convictions recorded) involved with exploitation related charges. MBIE does not hold
data on whether these cases involved exploitation of illegal overstayer immigrants or temporary visa
holders. This is due to the fact that section 351 of the Immigration Act 2009 defines exploitation as
including both ‘temporary workers’ and ‘unlawful employees’.

In order to fully answer this part of your request we would need to manually search all of the
investigation records for the past 10 years. The information is not readily recorded in this level of detail in
MBIE’s systems, and this question is therefore refused in reliance on section 18(f) of the Act.

In accordance with section 18A of the Act we have considered whether extending the due date or
consulting with you would al eviate this however it is our opinion that it would not.

2. Information on the types of exploitation or offenses for which these individuals or entities were
arrested and prosecuted, such as labour exploitation, human trafficking, or other related offenses.

Out of the 18 convictions noted in question 1, one case was convicted and charged under “People
Trafficking” (Crimes Act 1961 section 98D). The other 17 convictions were under “Exploitation”
(Immigration Act 2009 sections 350 and 351).

3. Any statistics or data related to the demographics of the exploited overstayer immigrants,
including their nationalities and age groups.

The 18 individuals convicted for exploitation or people trafficking can be broken down into the following
nationalities and age ranges. Note that three of the convictions were recorded against companies so they
are not included in the age or nationality breakdown.
  Age
Number of
individuals
30-39
2
40-49
4
50-59
6
60-69
3
  Nationality  Number of
individuals
Bangladesh
3
China
1
Fiji
1
India
5
Malaysia
1
New Zealand  1
Philippines
2
Tonga
1

4. Details on any government support or services provided to the exploited overstayer immigrants
during or after legal proceedings, including but not limited to immigration assistance, counsel ing,
or social services.

Visa holders are not allowed to stay in New Zealand after their visa expires. They are under an obligation
to leave New Zealand and are liable for deportation under the Immigration Act 2009. A person who is
unlawfully in New Zealand has no lawful ability to make an application for a further visa.

Section 61 of the Act provides the Minister of Immigration (delegated to the Associate Minister of
Immigration and to senior immigration officers) with the power, in his or her absolute discretion, to grant
a visa of any type to a person unlawfully in New Zealand and otherwise liable for deportation (unless they
are subject to a deportation order).

If an individual is granted a visa under section 61, this would allow a person who had been exploited to
apply for a Migrant Exploitation Protection Visa (MEPV). The following link provides information about
the MEPV: If you do not leave New Zealand before your visa expires | Immigration New Zealand

A person who is unlawful and who wants to request a visa can find out more information on this process
on that same Immigration New Zealand website.

Any assistance provided to an individual who al eges they have been exploited is done on a case-by-case
basis as the individual circumstances will vary.

5. An overview of the policies, programs, or initiatives implemented by Immigration New Zealand
and the Ministry of Business, Innovation, and Employment (MBIE) to prevent the exploitation of
il egal overstayer immigrants in New Zealand.

The following links provide useful information regarding policies implemented by MBIE to assist with the
prevention of exploitation of migrants in New Zealand.

-  Addressing temporary migrant worker exploitation | Ministry of Business, Innovation &
Employment (mbie.govt.nz)
-  Migrant exploitation Bil  passed | Beehive.govt.nz
-  Government Response to Report of the Education and Workforce Committee on Inquiry into
migrant exploitation presented to the House of Representatives in accordance with Standing
Order 256 J.1 (bills.parliament.nz)
-  Worker Protection (Migrant and Other Employees) Bill (bills.parliament.nz)
-  Migrant exploitation | Immigration New Zealand
-  Migrant Exploitation Protection Work Visa: Visa details | Immigration New Zealand

There is also a Cabinet paper entitled Short term support for migrants on the MEPV which will be
proactively released shortly. This paper is therefore refused in reliance on section 18(d) of the Act as it
will soon be publicly available.

6. Any partnerships or col aborations between government agencies, non-governmental
organizations, or international organizations aimed at addressing the exploitation of illegal
overstayer immigrants.

MBIE has existing relationships with a range of organisations in New Zealand (such as the Salvation Army
and the Citizens Advice Bureau) who are able to provide support for individuals who allege they have
been exploited.

If you wish to discuss any aspect of your request or this response, or if you require any further assistance,
please contact [email address].

You have the right to seek an investigation and review by the Ombudsman of this decision. Information
about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802
602.

Nāku noa, nā

Stephanie Greathead
National Manager Investigations
Immigration Compliance and Investigations