DOIA REQ 0010032 Josh McCormack Response letter.pdf

21 March 2025

Ref: DOIA-REQ-0010032-Josh McCormack

Josh McCormack
Email: [FYI request #30171 email]

Tēnā koe Josh

Thank you for your email of 21 February 2025 to the Ministry of Business, Innovation and
Employment (MBIE) requesting, under the Official Information Act 1982 (the Act), the
following information:

. Current Policy & Screening Requirements
- What communicable disease screening requirements currently apply to RSE workers?
- Why was HIV testing specifically removed from the health screening requirements for RSE
workers in 2021?
- When was the decision made to remove HIV testing, and which agency or officials were
involved in making this decision?

2. Policy Discussions & Risk Assessments
- Were any internal reviews, risk assessments, or public health consultations conducted
before deciding to remove HIV testing from RSE worker health checks? If so, please provide
copies of any reports, advice, or correspondence related to this decision.
- Has the Ministry (or any government agency) received any concerns or recommendations
regarding the removal of HIV testing from RSE health screening?

3. Health Support for HIV-Positive RSE Workers
- In the absence of mandatory testing, what measures are in place to ensure RSE workers
living with HIV can access appropriate healthcare in New Zealand?
- Are RSE workers provided with any information on accessing HIV treatment and support
services while in New Zealand?

4. Future Policy Considerations
- Has there been any reconsideration of reinstating HIV testing as part of the RSE health
screening process?
- What would be the process for proposing a policy change to reintroduce HIV testing for RSE
workers?

Please see below our response to your request:

1. Current Policy & Screening Requirements
- What communicable disease screening requirements currently apply to RSE workers?

RSE workers are currently required to be screened for tuberculosis through a chest X-Ray,
where they are from countries that are not listed as having a low incidence of tuberculosis.
This is in line with Immigration New Zealand instructions:

https://www.immigration.govt.nz/opsmanual/#46507.htm

- Why was HIV testing specifically removed from the health screening requirements for RSE
workers in 2021?

HIV testing was not removed from the health screening requirements for RSE workers in
2021. The removal of the requirement for HIV screening was implemented in 2024, as part of
Cabinet agreement on a range of short-term amendments to the RSE scheme outlined in the
following Cabinet paper:

https://www.mbie.govt.nz/dmsdocument/29120-cabinet-paper-recognised-seasonal-
employer-scheme-increase-to-worker-cap-and-short-term-amendments-proactiverelease-
pdf

- When was the decision made to remove HIV testing, and which agency or officials were
involved in making this decision?

The removal of the requirement for RSE workers to be screened for HIV was conducted at
Cabinet on 5 August 2024, as outlined in the proactively released Cabinet paper provided
above.

2. Policy Discussions & Risk Assessments
- Were any internal reviews, risk assessments, or public health consultations conducted
before deciding to remove HIV testing from RSE worker health checks? If so, please provide
copies of any reports, advice, or correspondence related to this decision.

No specific review or risk assessment was conducted with respect to the removal of the HIV
screening requirement for the RSE scheme. MBIE notes that this change was procedural in
nature, to bring the requirements of the RSE scheme in line with the requirements of other
temporary visa types, given HIV’s removal from the list of high-cost health conditions likely
to impose significant costs/demands on New Zealand’s health services in 2021.

The removal of HIV screening was also recommended through the RSE Policy Review,
concluded in 2023in consultation with the Ministry of Health. Further information on the RSE
Policy Review can be accessed here:

https://www.mbie.govt.nz/immigration-and-tourism/immigration/recognised-seasonal-
employer-policy-review

This part of the response is refused under section 18(d) as the information requested is
publicly available.

- Has the Ministry (or any government agency) received any concerns or recommendations
regarding the removal of HIV testing from RSE health screening?

MBIE has not received any concerns or recommendations in relation to the removal of HIV
testing from RSE health screening and we are unable to comment on behalf of any other
government agency.

3. Health Support for HIV-Positive RSE Workers
- In the absence of mandatory testing, what measures are in place to ensure RSE workers
living with HIV can access appropriate healthcare in New Zealand?

MBIE understands that the Ministry of Health has established a National HIV Action plan.
The HIV Action Plan includes initiatives to improve the prevention, testing and awareness of
HIV and identifies migrants from high HIV prevalence countries as a priority group.

More information on the action plan can be accessed here:

https://www.tewhatuora.govt.nz/for-health-professionals/clinical-guidance/diseases-and-
conditions/hiv-and-aids/aotearoa-new-zealands-hiv-action-
plan#:~:text=National%20HIV%20Action%20Plan%20for,free%20from%20stigma%20and%
20discrimination.

- Are RSE workers provided with any information on accessing HIV treatment and support
services while in New Zealand?

As part of the requirements of the RSE scheme, RSE workers are required to hold
comprehensive health insurance while in New Zealand, and RSE employers are required to
provide access to health services as part of their pastoral care obligations for workers.

4. Future Policy Considerations
- Has there been any reconsideration of reinstating HIV testing as part of the RSE health
screening process?

There has not been reconsideration of reinstating HIV testing as part of the RSE health
screening process at this stage.

- What would be the process for proposing a policy change to reintroduce HIV testing for RSE
workers?

The Minister of Immigration is responsible for policy changes that place health screening
requirements for visa holders. Any such policy change would be at the Minister of
Immigration’s discretion.

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

Sam Foley
Manager Immigration (international & Humanitarian) Policy
Labour Science and Enterprise, MBIE