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Migrant Exploitation NZ

Migrant Exploitation

What It Is

Migrant exploitation occurs when employers take advantage of migrant workers’ visa conditions, limited understanding of employment law, or fear of jeopardising immigration status.
This can include underpayment, excessive hours, unsafe work, retention of passports, or threats of deportation.

In New Zealand, migrant workers have the same legal rights as any other employee under the Employment Relations Act 2000 (ERA 2000), Minimum Wage Act 1983, and Holidays Act 2003.
Exploitation is unlawful and may also breach the Immigration Act 2009 and Crimes Act 1961.

Your Rights and the Law

  • ERA 2000 s 4 – Employers must act in good faith, including towards migrants on temporary visas.
  • ERA 2000 s 6 – “Employee” is defined by the real nature of the relationship, not visa status or contract label.
  • Minimum Wage Act 1983 s 6 – All workers must receive at least the statutory minimum wage.
  • Holidays Act 2003 ss 16–71 – Entitlements to annual leave, public holidays, and sick leave apply equally to migrants.
  • Immigration Act 2009 ss 350–351 – It is a criminal offence to exploit migrants by breaching employment or visa conditions.
  • Crimes Act 1961 s 98D – Criminalises trafficking in persons for labour exploitation.

Process (How a Case Generally Proceeds)

  1. Identify Exploitation – Examples include unpaid hours, withheld documents, or threats regarding visas.
  2. Seek Support Safely – Contact an employment advocate or Labour Inspector confidentially.
  3. Raise a Personal Grievance – Within 90 days under ERA s 114 if exploitation caused disadvantage or dismissal.
  4. Report to MBIE – Migrant Exploitation Protection Visa (MEPV) may be available while the complaint is investigated.
  5. Mediation – The Ministry of Business, Innovation & Employment (MBIE) provides free mediation to seek early resolution. The process is voluntary and both parties must agree to attend. Most cases reach resolution at Mediation.
  6. Employment Relations Authority Investigation – If unresolved, a Statement of Problem is filed; the Authority investigates and issues a written determination.
  7. Employment Court Appeal – Possible for errors of law or procedure.

Potential Outcomes / Remedies

  • Compensation for humiliation, loss of dignity, and emotional harm (ERA s 123(1)(c)(i)).
  • Payment of arrears and penalties for underpayment or unpaid work.
  • Reinstatement or declaration of employment relationship.
  • Civil penalties under Immigration Act 2009 s 351 and ERA s 4A.
  • Criminal conviction for serious exploitation (up to 7 years’ imprisonment).
  • Migrant Exploitation Protection Visa (MEPV) enabling workers to remain in NZ during the process.

Take Action Today

If you are a migrant worker who has been underpaid, overworked, or threatened by your employer, you have legal protections and safe reporting channels. Get in touch with us to arrange a no-obligation consultation about your situation. We’ll assess your case, explain your options, help gather evidence, request your employment file, and help you pursue the justice and compensation you deserve. Our advocates can help you file a complaint, recover unpaid wages, and ensure your visa and rights remain protected while we pursue your claim.