Migration Scoping Report 2021

Home , Chris Hipkins, Grant Robertson, Jacinda Ardern, Jan Logie, New Zealand Red Cross, Refugees in New Zealand

Migration Scoping Report Identifying current and emerging issues in key migrant population groups in New Zealand

MAY 2021 FRONT COVER: Manahel Haroura, a single mother who fled the war in Syria with her three young children. After living in Lebanon for nearly two years, she and her kids settled in Dunedin where, with the help of New Zealand Red Cross, she took on a job as a machinist — her first job ever — to provide for her family. © New Zealand Red Cross

2 Contents

Introduction 4 3. Refugee settlement 31 Executive Summary 6 3.1 The international context 32 Acknowledgements 8 3.2 New Zealand context 33 3.3 Legal basis for refugee settlement 36 3.4 The International Red Cross and Red Part one: Migration Categories Crescent Movement policy and role in relation to refugee settlement 37 1. Refugee family support 3.5 Environmental scan: who is category (RFSC) 11 doing what in relation to 1.1 The international context 12 refugee settlement 38 1.2 New Zealand context 13 3.6 What are the needs and gaps? 39 1.3 Legal basis for RFSC in New Zealand 14 4. Australian returnees 41 1.4 The International Red Cross and Red Crescent Movement policy and role 4.1 The international context 41 in relation to RFSC 15 4.2 New Zealand context 42 1.5 Environmental scan: who is doing 4.3 Legal basis for Australian returnees what in relation to RFSC 16 in New Zealand 43 1.6 What are the needs and gaps? 17 4.4 The International Red Cross and Red Crescent Movement policy and role in 2. Asylum seekers and relation to Australian returnees 44 convention refugees 19 4.5 Environmental scan: who is 2.1 The international context 20 doing what in relation to Australian returnees 44 2.2 New Zealand context 21 4.6 What are the needs and gaps? 46 2.3 Legal basis for asylum seekers and convention refugees in New Zealand 23 5. Recognised Seasonal 2.4 The International Red Cross and Red Employer (RSE) scheme 47 Crescent Movement policy and role in relation to asylum seekers and 5.1 The international context 47 convention refugees in New Zealand 25 5.2 New Zealand context 48 2.5 Environmental scan: who is doing what in 5.3 Legal basis for RSE 50 relation to asylum seekers and convention refugees 26 5.4 The International Red Cross and Red Crescent Movement policy and 2.6 What are the needs and gaps? 28 role in relation to RSE 51 5.5 Environmental scan: who is doing what in relation to RSE 52 5.6 What are the needs and gaps? 53

1 6. International and non-resident students 56 Part two: Emerging Issues 6.1 The international context 56 9. Mobility, Disasters and 6.2 New Zealand context 57 Displacement in a 6.3 Legal basis for international Changing Climate 81 students in New Zealand 58 9.1 The international context 82 6.4 The International Red Cross and Red 9.2 New Zealand context 83 Crescent Movement policy and role in relation to international students 59 9.3 Legal basis for environmental and climate migrants 84 6.5 Environmental scan: who is doing what in relation to 9.4 The International Red Cross and international students 60 Red Crescent Movement policy and role in relation to environmental 6.6 What are the needs and gaps? 61 and climate migrants 86 9.5 Environmental scan: who is doing 7. Temporary migrant workers 63 what in relation to environmental 7.1 The international context 64 and climate migrants 87 7.2 New Zealand context 64 9.6 What are the needs and gaps? 89 7.3 Legal basis for temporary migrant workers 66 10. Trafficking and modernslavery 91 7.4 The International Red Cross and 10.1 The international context 92 Red Crescent Movement policy 10.2 New Zealand context 93 and role in relation to temporary migrant workers 67 10.3 Legal basis for combating human trafficking and modern slavery 94 7.5 Environmental scan: who is doing what in relation to 10.4 The International Red Cross and temporary migrant workers 68 Red Crescent Movement policy and role in relation to trafficking 7.6 What are the needs and gaps? 70 and modern slavery 96 10.5 Environmental scan: who is 8. People without valid visas 72 doing what in relation to trafficking 8.1 The international context 73 and modern slavery 97 8.2 New Zealand context 74 10.6 What are the needs and gaps? 98 8.3 Legal issues for people without a valid visa 76 11. Migrants in emergencies and disasters 100 8.4 The International Red Cross and Red Crescent Movement policy 11.1 The international context 101 and role in relation to people 11.2 New Zealand context 101 without a valid visa 77 11.3 Legal issues for migrants in 8.5 Environmental scan: who is doing disasters and emergencies 104 what in relation to people without a valid visa 78 11.4 The International Red Cross and Red Crescent Movement policy 8.6 What are the needs and gaps? 78 and role in relation to migrants in disasters and emergencies 105

2 11.5 Environmental scan: who is doing what in relation to migrants in disasters and emergencies 107 11.6 What are the needs and gaps? 108

12. Public perceptions of migrants and refugees 109 12.1 The international context 110 12.2 New Zealand context 112 12.3 Legal issues for public perception of migrants and refugees 114 12.4 The International Red Cross and Red Crescent Movement policy and role in relation to public perception of migrants 115 12.5 Environmental scan: who is doing what in relation to public perception of migrants 116 12.6 What are the needs and gaps? 119

13. Additional categories and issues 120 13.1 Categories 120 13.2 Emerging Issues 121

Glossary 122

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Introduction

4 MIGRATION SCOPING REPORT INTRODUCTION

Working with and for vulnerable Strategy 2030 presents an exciting opportunity to consider how New Zealand Red Cross can make migrants, particularly those who an impact through our unique contribution to the have fled conflict or disaster, is one lives of vulnerable migrants. The development of the long-standing traditions of of a Migration Strategy 2021–2025 is currently underway, informed by this report. the International Red Cross and Red This report also serves as a valuable resource – Crescent Movement. Individually both internally and externally – for those wanting and together, the National Societies to understand and engage with the relevant issues facing those new to New Zealand. Some strive to provide assistance and sections, such as that on how vulnerable migrants protection, uphold rights and dignity, are supported in a disaster, can immediately be empower people in their search used to improve existing service delivery. for opportunities and sustainable The scoping report was undertaken as a desktop exercise and we acknowledge that solutions, as well as promote social further research, community engagement and inclusion and interaction between consultation would need to occur for some of the migrants and host communities. areas if future activities were being considered. It bears repeating that some of the existing analysis, reporting and research on these areas The International Federation of the Red Cross has been condensed or left out due to limitations and Red Crescent Global Strategy on Migration of the large scope of the overview and the need 2018–2022 focuses on reducing vulnerability and for a concise report. The authors welcome enhancing resilience, which reflects that this is feedback on areas of emerging and existing not just about meeting humanitarian needs and migration concern. mitigating risk, but also supporting the resilience After the initial research for this project was of migrants by integrating assistance, protection completed, the global COVID-19 pandemic and advocacy. arrived, leading to increased challenges for 1 The Migration Programme is one of New Zealand service providers. Priorities of government and Red Cross’s three core service areas in Strategy other entities involved in migration are likely to 2030. The strategy notes: have shifted, especially in the short to medium term, because of the pandemic. We will address the humanitarian needs of vulnerable migrants by supporting them to achieve their aspirations and become part of diverse, inclusive and resilient Aotearoa New Zealand communities. Refugee settlement has been the main migration focus for New Zealand Red Cross since integrating Refugee Services Aotearoa (in 2012) and Refugee Trauma Recovery (in 2017). However, strategic approaches have largely been driven by government contracts for settlement, limiting New Zealand Red Cross’s independent response to service. The purpose of the Migration Scoping Report is to gain an understanding of 1 We have attempted to include as much up to date information on the current and emerging needs of migrants in how COVID-19 has affected each migration category and issue. A useful starting point for how service providers have faced this the New Zealand community and to inform the pandemic can be found in Mortensen, A. (2020). RASNZ COVID-19 organisation when considering future strategic Response study: Remote psychosocial service provision to former refugee and asylum seeker communities in Auckland directions. during lockdown. Paper presented for Refugees as Survivors New Zealand (RASNZ). August. https://rasnz.co.nz/wp-content/ uploads/2020/08/RASNZ-COVID-19-Response-Study-2020.pdf

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Executive Summary

The Migration Scoping The principle of humanity reflects the Movement’s Report presents a broad aim to prevent and alleviate human suffering, wherever it may be found. As such, the categories overview of migration in and issues considered in this report tend to New Zealand in 2021 through focus on areas where the migration status of an a humanitarian lens. New individual may lead to unmet basic humanitarian needs, discrimination, exploitation, a lack of Zealand Red Cross Migration connection to community or other situations Programmes has created where access to basic and guaranteed standards these in-depth analyses across falls short. Across all categories of migration, New Zealand eight migration categories Red Cross is best versed in and most experienced and four emerging issues, to at refugee settlement (see section three). It has inform the organisation as it a long history of supporting refugees, stretching back to the arrival of the Polish children in 1944 considers how it aligns the and continuing today with the organisation programme’s activities with contracted, in late 2012, as the primary provider of settlement support to refugees who have the Fundamental Principles of settled in New Zealand. In reading this report, it the Movement and how this is useful to understand refugee settlement core fits with the implementation of competency, and how some migration categories and issues are particularly closely linked to this Strategy 2030. work, for example, the Refugee Family Support Category (section one) and Asylum Seekers and Convention Refugees (section two). Each section in the Migration Scoping Report works through a common formula. The current International and New Zealand contexts are summarised as best they can be in the limited space available before the category is linked

6 MIGRATION SCOPING REPORT EXECUTIVE SUMMARY

to a legal basis or context. The next part places including work and education, for asylum seekers each issue in relation to the International Red and convention refugees. These shortcomings Cross and Red Crescent Movement, before an are most acute in the years between when environment scan signals which other groups are asylum seekers arrive and when their claims for already working in this area and where gaps exist protection are accepted. At the same time, while in service provision. A provisional version of this there are only a small number of cases of asylum report was presented to the New Zealand Red seekers being detained in prison, these situations Cross National Board in February 2021, alongside are sufficiently acute that they deserve attention. recommendations on areas that could expand the The RSE scheme has had a lot of attention when focus of Migration Programmes. it comes to the needs of New Zealand employers, Gaps identified in the scoping report point to but there has been less focus on the thousands significant areas of humanitarian concern across a of Pacific islands workers who were stuck in the wide range of migration areas and across themes country over winter 2020 and separated from such as social isolation, a lack of resourcing for their families. The scheme offers numerous assistance and the compounded challenges also challenges around social isolation, pastoral care faced by the general population around housing, and equity of outcomes. Specific challenges education, language (including translation) and include those highlighted in the media relating healthcare. Some areas have seen concerted to cases of exploitation and potential corruption, research and advocacy from other organisations as well as a general view that the benefits of the in recent years, such as trafficking and modern scheme disproportionately favour employers and slavery. Other areas, such as Australian returnees, New Zealand. are deeply concerning to New Zealand Red Cross, but are not a natural fit with the skills that exist within the organisation. Some issues closely align to the skills and humanitarian focus of New Zealand Red Cross but remain in flux at the time of publication. A review of the Refugee Family Support Category led to significant allocations in Budget 2020, but these allocations have not yet been assigned. Many categories came to New Zealand Red Cross attention for the first time through the organisation’s work with the Visitor Care Manaaki Manuhiri support for foreign nationals during COVID-19. For example, there were concerns that people who are in New Zealand without a valid visa, for whatever reason, might not access healthcare or would become increasingly vulnerable to exploitation. Other areas are more amorphous but closely align to the movement’s international goals around the safety of environmental and climate refugees and migrants in emergencies and disasters. These areas offer some of the strongest opportunities to work across all pillars of New Zealand Red Cross. Two areas have been chosen for further research in the coming year: (1) asylum seekers and convention refugees, and (2) the Recognised Seasonal Employer (RSE) scheme. One key concern that fits with New Zealand Red Cross expertise is a lack of consistent access to services,

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Acknowledgements

This report was commissioned by New Zealand Red Cross’s National Board in 2018 and was undertaken by the National Migration team. We want to acknowledge the invaluable contributions to this report from Emily Menkes, Sue Elliott, Emma Groombridge, Miriam Bugden, Nicola Sutton, Rachel Lutz as well as Australian Red Cross (on human trafficking), the International Students Association of New Zealand (on international students), Professor Richard Bedford and Dr Charlotte Bedford (on RSE workers), Tim Maurice from the Asylum Seeker Support Trust (on asylum seekers), Marieke Jasperse (on refugee settlement), Eliana Rubashkyn (on LGBTQI+ asylum seekers and refugees), Ezekiel Simperingham (International Federation of the Red Cross and Red Crescent Societies, or IFRC), Associate Professor Vivienne Anderson (on International Students) and a wide range of New Zealand Red Cross employees covering every area of operations. We would also like to acknowledge the significant contribution from Dr Murdoch Stephens on this project while working for New Zealand Red Cross. Dr Stephens brought his knowledge and expertise in the sector to contribute to many of the sections and undertook editing of the whole report. Our thanks, also, to Johanna Knox for copy-editing the final document and MakeReady for design expertise.

8 MIGRATION SCOPING REPORT ACKNOWLEDGEMENTS

June 25, 2018. Kutupalong, Cox’s Bazar, Bangladesh. A child carries firewood in Kutupalong—a camp and temporary home for displaced families in Cox’s Bazar, Bangladesh. © Brad Zerivitz/Americ an Red Cross

9 NEW ZEALAND RED CROSS © New Zeala nd Red Cross

As a young adult, Sahra Ahmed stepped off a plane in Auckland to claim asylum. Now she is a nurse, international humanitarian aid worker and mental health advocate. She was profile as part of our #KiwiLengends campaign in 2018, alongside other former refugees who are playing an important role in the community.

10 MIGRATION SCOPING REPORT 1. REFUGEE FAMILY SUPPORT CATEGORY

1. Part one Refugee family support Migration category (RFSC)

Three hundred refugees can enter New Zealand each year through the RFSC, with this scheduled Categories to double in July 2021. These places are in addition to the 1,500 places available through the annual refugee quota. In the 2020 budget, In this part of the report, we consider the government announced that the RFSC would a wide range of migration categories increase to 600 people per year from 2021/22. The based on their visa type (e.g., RSE budget also featured an allocation of $22 million over three years – the first support ever given to worker) or migration status (e.g., RFSC migrants – to defray the costs of applying asylum seeker). These selections for the category and moving to New Zealand. have been made based on the The objective of the RFSC is to facilitate the successful settlement of refugees who are existing or potential vulnerability of resident in New Zealand by providing them with those under these categories, with an opportunity to sponsor family members, who much less focus on areas with fewer – with the exception of places with the annual refugee resettlement quota – do not usually humanitarian concerns. qualify for residence under any other category of government residence policy. The RFSC requires refugees to sponsor family members to arrive. Sponsoring means that the government does not provide any specific support for their settlement. The families of those sponsored are responsible for their settlement and consequently they often miss assistance and, at times, the protection they require. Refugee-background communities and providers in the refugee settlement sector have long raised concern that there is no settlement support provided to this group. The pressures placed on the sponsor family are often significant. External groups have raised concerns that New Zealand Red Cross is effectively discriminating against this group by only providing support to quota refugees and not RFSC arrivals. In response to these concerns, a pilot programme was established in Wellington with evaluations showing significantly improved settlement outcomes with New Zealand Red Cross involvement. In providing support to former refugees to settle, the single greatest area of concern is the well-being of their families who are overseas or who may be

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missing. In 2003, the International Committee of for a visa to join families.7 Australia offers the the Red Cross (ICRC) put new emphasis on the chance for families to be reunited through the importance of missing family members, especially offshore humanitarian part of their settlement on knowing what has happened to those who are programme, however, there are significant missing and facilitating reconnections.2 These problems: the cost of the visa for this programme recommendations – drawing from the Geneva is excessively high and the wait times are long; Convention and supplemental resolution of the family is narrowly defined; and no-one who ICRC – state that it is the role of the ICRC and the arrives by boat can reunite with their families Central Agency to “facilitate and organize family through this measure.8 In conjunction with the reunifications”.3 International Organisation on Migration (IOM), families entering under the Special Humanitarian Programme Visa are eligible for a loan of 75 per 1.1 cent of the costs of airfares.9 In 2015, New Zealand Red Cross undertook a The international context scoping exercise of the Australian NGO-led travel Family unity is a fundamental principle of loan scheme. This research evolved out of an international law.4 For refugees, this unification opportunity for New Zealand Red Cross to distribute is a legal principle and an essential framework of an amount of money though a loan scheme to protection. According to the United Nations High support refugees to arrive in New Zealand. The Commissioner of Refugees (UNHCR), although the decision was to not progress with this opportunity. right to seek and enjoy asylum in another country The USA also has a range of family reunification is an individual human right, the individual systems, including the I-730 for spouses and refugee should not be seen in isolation from his or children under the age of 21. Refugees can also her family.5 lodge a claim for priority “P-3” resettlement Resettlement countries often strictly apply a through the annual quota for certain people narrow family definition, comprising only the from select countries, though this is currently 10 father, mother and minor children, which results suspended and is subject to claims about fraud. in limited family reunification, leaving other When the system reopens, it may require DNA 11 family members in their country of origin, often testing. In Canada, there are two main options: in insecure conditions. This limit serves to split first, the one-year window programme, where families, rather than reunite them.6 a person identified within one year of a refugee entering the country, and who is a spouse or a child The British Red Cross has just released Torn under 19 years old, is eligible for entry; second, Apart, an overview of the challenges facing family due to the naming aspect of the community reunification in the United Kingdom. Among sponsorship scheme, a family member, or friend, the primary concerns were the challenges of or any relation, can be sponsored if they’re in a accessing a Visa Application Centre to safely apply refugee or refugee-like situation.12

7 British Red Cross (2020). Torn Apart. https://www.redcross.org. uk/-/media/documents/about-us/report-how-reuniting-families- 2 International Committee of the Red Cross (2003). The Missing and can-provide-solutions-to-the-refugee-crisis.pdf their families: summary of the Conclusions arising from Events 8 Refugee Council of Australia (2019). Family Reunion Issues for held prior to the International Conference of Governmental and Refugees. https://www.refugeecouncil.org.au/wp-content/ Non Governmental Experts (19–21 February 2003). International uploads/2019/05/Family-Reunion-Issues-for-Refugees-2019.docx Committee of the Red Cross Report. 21 February. https://www.icrc. 9 International Organisation for Migration (2020). Services for org/en/doc/assets/files/other/themissing_conf_03.2003_en_90. Global Special Humanitarian Visa (Subclass 202) holders. https:// pdf australia.iom.int/travel-assistance; there are concessional airfares 3 Ibid. and increased baggage allowances for both Australian and New 4 Jastram, K. & Newland, K. (2003). Family unity and refugee Zealand for new migrants who are either family, humanitarian or protection. In Refugee Protection in International Law: UNHCR’s skilled migrants. Global Consultations on International Protection, Feller, E., Türk, V., 10 United Nations High Commissioner for (2020). US Family & Nicholson, F. (eds). Reunification. https://www.unhcr.org/en-us/us-family- 5 United Nations High Commissioner for Refugees (1999). Protecting reunification.html Refugees: a field guide for NGOs. https://www.refworld.org/ 11 Worth, K. (2015). For Some Refugees, Safe Haven Now Depends on docid/3c03682d4.html a DNA Test. Frontline: PBS. 19 October. https://www.pbs.org/wgbh/ 6 Nicholson, F. (2018). The ‘Essential Right’ to Family Unity of frontline/article/for-some-refugees-safe-haven-now-depends-on- Refugees and Others in Need of International Protection in the a-dna-test Context of Family Reunification. UNHCR Legal and Protection 12 Canadian Council for Refugees (n.d.). Family reunification. https:// Policy Research Series. ccrweb.ca/en/psr-toolkit/other-useful-info-family-reunification

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members. For many of these cases, an expedited 1.2 three-month process alongside sponsor support New Zealand context (compared to the normal six-month quota refugee Pathways to Settlement programme) was offered Reuniting with family members is widely and deemed to be sufficient, when combined with recognised as an important contributor to the sponsor’s own support. the well-being of refugees who have already One of the most engaged groups in facilitating made their home in New Zealand. A Ministry of family reunification is the Wellington-based Business, Innovation and Employment (MBIE) Refugee Family Reunification Trust (RFRT). study from 2004 stated, “For many, reunification Established in 2001, RFRT has raised $2.26 million is of primary importance, and the task of to help pay for airfares, medical tests and other sponsoring family was seen to be both difficult costs associated with reuniting families.15 They and costly”.13 The importance of an effective have reunited nearly 300 families and assisted and fair family reunification system cannot be in over 800 applications for help.16 The RFRT has overstated for achieving settlement outcomes also played a significant guiding role in setting for both quota refugees as well as those actually up other family reunification trusts, has assisted welcomed through this Refugee Family Support people outside of the Wellington region when no Resident Visa.14 But beyond the actual work of local provider could, and were instrumental in bringing family members to the country, there are advocating for New Zealand Red Cross to establish concerns that there is not sufficient settlement settlement support in Wellington. Other trusts support for RFSC entrants and that the burden exist in Auckland, Hamilton and Palmerston North. (including costs of flights and settlement) In Christchurch, the Canterbury Refugee Centre continues to sit on sponsors who are often still, provides practical settlement support for RFSC. themselves, in the process of settling. In 2016, the Human Rights Commission (HRC) In response to long-term advocacy from reported on the question of refugee resettlement, community groups, including organisations including family reunification. It found that representing refugee-background people, New “[t]he reality of wider family interdependence Zealand Red Cross has been trialling support for needs to be acknowledged” and recommended RFSC refugees in Wellington since 2016. There “a generous, culturally sensitive and flexible had been some public facing conversations definition of family should be applied”.17 that suggested that, by not offering support to refugees coming in this category, New Zealand In 2019, the Green Party successfully lobbied for a Red Cross may have been discriminating based review of the RFSC and reunification programme18 on visa status. Letters were also written to New which led to the increase in numbers and the Zealand Red Cross’s National Board outlining this establishment of funds. At this point, it is not concern. The trialled support was based on the yet clear how the Budget 2020 funds will be idea that people coming through the RFSC are allocated, though the specific wording in the a humanitarian intake and should be afforded budget noted: “his initiative provides funding the same professional care as quota refugees. to review and provide support to the system for Programme evaluations pointed to significant refugee family reunification.”19 New Zealand Red improvements in outcomes for both the RFSC arrivals and the sponsors who have welcomed them. The evaluation – comparing pilot sponsors 15 Wellington Refugee Family Reunification Trust (2019). Two Million with non-pilot sponsors – noted that, without this Dollars for Refugees. https://refugeefamilyreunificationtrust.org. support, sponsors often abandon their own work nz/2019/07/10/two-million-dollars-for-refugees 16 Wellington Refugee Family Reunification Trust (2020). Refugee or study to offer full-time assistance to new family Family Reunification Trust Newsletter 2020/2021. 17 Human Rights Commission (2016). New Zealand Refugee Resettlement: Fulfilling its obligations as a good international citizen. New Zealand Refugee Resettlement. https://www.hrc. co.nz/files/7414/5669/3524/2016_Quota_Review_-_HRC_.pdf 13 Dunstan, S., Dibley, R. & Shorland, P. (2004). Refugee voices: A journey 18 Devlin, C. (2019). Greens’ family reunification policy review seeks towards resettlement. In Social Policy, Research and Evaluation more settlement funding. Stuff.https://www.stuff.co.nz/national/ Conference. Wellington: New Zealand Immigration Service. politics/113621757/government-review-of-family-reunification- 14 Immigration New Zealand (2021). Information about: Refugee for-refugees-to-begin Family Support Resident Visa. https://www.immigration.govt.nz/ 19 Treasury (2020). Wellbeing Budget 2020: Annex Budget Initiatives, new-zealand-visas/apply-for-a-visa/about-visa/refugee-family- Labour Market. https://budget.govt.nz/budget/2020/wellbeing/ support-resident-visa annex/initiatives-labmar.htm

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Cross has provided written recommendations to seen a reduction in avenues for reunification and Immigration New Zealand on best practice for increased requirements on families as sponsors.25 supporting this group with the increased funding. RFSC sponsors must register as either a tier one COVID-19 halted the increase to the RFSC category or tier two sponsor before their family members and meant that only three cases of refugee family can be invited to apply for a New Zealand resident reunification were offered, as part of emergency visa. Refugees may sponsor “immediate family”, places in the quota, in the 2020/21 year.20 defined as their “spouse and dependent children” provided that these individuals were declared during the refugee’s initial offshore interview with 1.3 Immigration New Zealand.26 Tier one sponsors, who have no other family in Legal basis for RFSC New Zealand, are given first access to available in New Zealand places. Given the number of registrants for tier one, tier two is rarely opened and, when it does The integrity of the family is protected under open, is usually closed again after a few days – in international law and customs. For example, the most recent case it was only open for three Article 12 of the Universal Declaration of Human days. Registrations are selected from the tier Rights states: “No one shall be subjected to one queue in the order they are entered into the arbitrary interference with his privacy, family, system. If there are remaining places after all tier home, or correspondence, nor to attacks upon one registrations have been selected, registrations his honour or reputation.21 Everyone has the from the tier two queue are selected. In the right to the protection of the law against such 2020/21 year,27 Immigration New Zealand has interference or attacks.” Consistent with this continued issuing Invitations to Apply to 24 people principle, Immigration New Zealand introduced in tier one and 44 people in tier two. As the RFSC the RFSC in 2007, to improve how extended family programme was suspended due to COVID-19, members of refugees in New Zealand can access there have been no residence visas issued in Permanent Residence.22 This policy reflects the this period.28 difficulty faced by family members of refugees The application process is challenging, and to meet the eligibility requirements of normal almost all people require support – primarily immigration policy.23 The establishment of the from immigration lawyers or Community Law, RFSC in 2007 replaced the Refugee Family Quota though some local Members of Parliament also ballot where, every year, 300 people would be do a significant amount of work – to fill out the selected from a “lottery” process.24 This ballot applications. Established refugee communities had replaced the much broader Humanitarian are more likely to have experience and knowledge Category, leading the Human Rights Commission to help new arrivals with the process; smaller to note, in 2010, that the previous decade had communities or isolated individuals find this process difficult. Community Law notes that there is significant advocacy needed over numerous years for an application to proceed through this system. These considerations were of particular note for MBIE when considering how to allocate 20 Walls, J. (2021). Govt restarts its refugee resettlement programme after Covid-19 shutdown.New Zealand Herald. 5 February. https://www.nzherald.co.nz/nz/govt-restarts-its- refugee-resettlement-programme-after-covid-19-shutdown/ YJ5W5WTHNFLF26ES33PRRMB3FA 21 See Starr, S. & Brilmayer, L. (2003). Family Separation as a Violation of International Law. Berkeley Journal of International 25 Human Rights Commission (2010). Rights of Refugees. Human Law. 21. https://digitalcommons.law.yale.edu/cgi/viewcontent. Rights in New Zealand. 337–349. https://www.hrc.co.nz/ cgi?article=3442&context=fss_papers files/3914/2388/0522/HRNZ_10_rights_of_refugees.pdf 22 Gruner, A. (2007). New Zealand’s refugee sector: Perspectives and 26 Immigration New Zealand (2016). Operational Manual. Wellington, developments, 1987–2010. Department of Labour. S4.20. https://www.immigration.govt.nz/opsmanual/#35439.htm 23 United Nations High Commissioner for Refugees (2018). 27 The year-on-year measurement for Immigration New Zealand Resettlement Handbook: Country Chapter: New Zealand. runs from 1 July to 30 June. Where a split year is referred to in this 24 Wellington Community Law (2011). A guide to refugee family document, for example 2018/19, this means 1 July 2018 to 30 June reunification in New Zealand: assisting refugee families through 2019. the immigration process. https://www.yumpu.com/en/document/ 28 Immigration New Zealand (2020). Refugee and Protection Unit read/40806157/a-guide-to-refugee-family-reunification-in-new- Statistics Pack. https://www.immigration.govt.nz/documents/ community-law statistics/statistics-refugee-and-protection.pdf

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support for RFSC applicants after the 2020 tier two and half as many places offered.30 The Budget allocation.29 challenges of family reunification are consistently cited as a stress and concern for representatives Once an invitation to apply has been issued, a from the resettled refugee communities.31 residence application must be lodged within 12 months. Lodging the residence application and getting it approved can be a fraught process, particularly as applicants need to provide an 1.4 acceptable housing plan. Numerous advocates noted that the housing plan is the biggest The International Red hurdle and is where the processing of our Cross and Red Crescent applications stall. Movement policy and But even submitting the residence application can be difficult, as refugees are required to role in relation to RFSC obtain identity documents, birth and marriage All Red Cross National Societies prioritise the certificates and police checks. This can be reconnection of asylum seekers and refugees particularly challenging for those living in to their family, as well as facilitating family refugee camps. Just collating all the evidence reunification through practical assistance. The required to lodge a residence application can be Red Cross Red Crescent Working Group on Family overwhelming for many of our clients. Reunification was established by the Red Cross The largest barrier is the accommodation plan European Union Office in 2018 as a tool to unify that places significant costs prior to family good practice on working with states to reunite arriving. In the recent years, RFRT has put forward families.32 This Working Group was one of the key $100,000 to fund 24 refugee families exclusively submissions of the Red Cross European Union towards rent and bond for their family on arrival. office to the Global Compact on Refugees. This This funding is held by a trust until each family work seeks to put the right to family at the centre arrives. Other issues include the costs of health of international discussions and best practice on checks, flights and application fees. Submitting integrating refugees into all societies. the residence application can be difficult as A new report from Red Cross European Union refugees are required to obtain original identity describes the wide range of European Red Cross documents, birth and marriage certificates and National Societies work across multiple streams police checks and then have them translated and that contribute to refugee family reunification. couriered to New Zealand. This can be particularly This support straddles advocacy and assistance, challenging for those living in refugee camps. with support being as simple as providing Advocates note that collating all the evidence information and referrals. At the more complex required to lodge a residence application can be end of the spectrum, many National Societies overwhelming for many clients and many people offer litigation assistance, integration support incur debt to reunite with family. There have been instances where this debt has been passed on to the new arrivals, particularly where a family breakdown has occurred. According to an Official Information Act (OIA) request in February 2019, there were 1,165 applicants for tier two sponsorship who had not 30 Ministry of Business, Innovation and Employment (2019). yet been invited to apply. In recent years, the Response to an Official Information Act request.https://fyi.org.nz/ request/9605-numbers-in-the-queue-for-refugee-family-support- number of applicants invited to apply has been tier-2 roughly split between the two tiers, though with 31 Department of Labour (2004). Refugee Voices: A Journey Towards Resettlement. June. https://www.mbie.govt.nz/ often twice as many invitations to apply made for dmsdocument/2752-refugee-voices-executive-summary-pdf; Choummanivong, C., GE Poole & A Cooper (2014). Refugee family reunification and mental health in resettlement. Kōtuitui: New Zealand Journal of Social Sciences Online, 9:2, 89–100. 32 UNHCR (2019). RCRC Working Group on Family Reunification (FRWG). Global Compact on Refugees. 29 New Zealand Treasury (2020). New Spending Initiative Summary: https://globalcompactrefugees.org/article/rcrc-working-group- Improving the system for refugee family reunification. family-reunification-frwg

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and cross-border liaising with a range of external sponsors often abandon their own work or organisations.33 study to offer full-time assistance to new family members. For many of these cases, an expedited A baseline, key mechanism for reuniting families three-month process alongside sponsor support is the Restoring Family Links programme utilising (compared to the normal six-month quota all three components of the movement.34 For refugee Pathways to Settlement programme) example, the British Red Cross helps both in felt adequate. identifying where missing family members are and then in collecting the necessary While families of refugees settle all over New documentation for reunification to occur. Zealand, New Zealand Red Cross only provides Similarly, the French Red Cross takes a holistic coordinated, specialised assistance in Wellington. approach that includes everything the British In all other settlement locations, New Zealand do, but also going as far as to organise embassy Red Cross staff refer families to local NGOs, appointments in the countries where family but, even when those referrals are made, members are located.35 The focus on family has there are significant challenges due to a lack existed within the movement since 1859, with of specialised knowledge and support such as the protections now enshrined in the Geneva interpreting services. Convention and their additional protocols.36 Since 2016, New Zealand Red Cross’s Wellington team has provided a basic support programme 1.5 to RFSC arrivals, paid from general funds ($30k). This work has involved collaboration with: Environmental scan: Refugee Family Reunification Trust, Community who is doing what in Law (Wellington and Hutt Valley), and Catholic Social Services. At a basic level, New Zealand Red relation to RFSC Cross staff are well placed to offer support across all settlement locations due to the similarities Government of this programme with that undertaken by Immigration New Zealand (a unit within MBIE) quota refugees. New Zealand Red Cross support is the government agency responsible for includes training and placing volunteers with administering the RFSC. As noted above, the newly arrived families and providing some basic Budget 202037 changes came about as a condition casework assessments and referrals. of the Green Party confidence and supply The success of the Wellington programme is arrangement with Labour, agreed to in 2017. due to establishing processes and relationships The Human Rights Commission is also active in with each agency and the ability to use New this space, with public recommendations that a Zealand Red Cross volunteers to provide more flexible and culturally sensitive definition of practical assistance. Internal evaluations of this family needs to be applied to the policy.38 programme pointed to significant improvements in outcomes, not only for RFSC arrivals but for NGOs the sponsors who have welcomed them. External RFSC is supported by different non-government evaluations comparing pilot sponsors with non- agencies, which vary according to location. For pilot sponsors noted that, without this support, example, in Wellington, the Refugee Family Reunification Trust (RFRT) works closely with other refugee agencies including New Zealand

33 European National Red Cross and Red Crescent Societies (2021). Red Cross (which includes mental health support PERCO handbook on Safe Avenues to access protection across through Refugee Trauma Recovery), English Europe. Platform for Red Cross and Red Crescent European Cooperation on Refugees, Asylum Seekers and Migrants. Language Partners, Community Law, and Forthcoming. See: https://www.ifrc.org/perco 34 International Committee of the Red Cross (2020). Restoring Family Links Families Belong Together. https://www.icrc.org/en/ publication/4435-restoring-family-links-families-belong-together 35 Red Cross European Union (n.d.). Bringing families together. 37 Treasury (2020). Wellbeing Budget 2020 Annex. https://budget. https://redcross.eu/projects/bringing-families-together govt.nz/budget/2020/wellbeing/annex/initiatives-labmar.htm 36 International Committee of the Red Cross (2021). Restoring Family 38 Human Rights Commission (2016). Fulfilling its obligations Links About Us. https://familylinks.icrc.org/en/Pages/AboutUs/ as a good international citizen. https://www.hrc.co.nz/ About-us.aspx files/7414/5669/3524/2016_Quota_Review_-_HRC_.pdf

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Changemakers Resettlement Forum. The RFRT in the New Zealand Refugee Resettlement Strategy helps pay for the costs of application fees, medical – Priorities to 2020 or in other resettlement reports, airfares and other related expenses. documentation.40 Significantly, this indicates RFSC entrants have little to no planning for their Community Law centres in Waikato, Christchurch, well-being in the country, even though they Otago, Nelson and Wellington provide legal are a humanitarian category and, more often advice and services to RFSC sponsors and than not, recognised refugees or in refugee-like applicants. Community Law Wellington and Hutt situations. There is a need for recognition, then Valley manage an ongoing caseload of around action, around professional settlement assistance 50 applications and have a significant waitlist beyond what their sponsors have the capacity to of eligible applicants. Community Law centres offer. This shortcoming is concerning given the report that funding this work is an ongoing number of refugees is planned to double. challenge, with some having to make the difficult decision to cease providing assistance due to a The lack of priority can also be seen in the lack of sustainable funding. likelihood that even though there is significant demand for family reunification, missed places Other resettlement trusts operate in Auckland from the past year have not been rolled over (Auckland Refugee Family Trust – established into the coming financial year. Similarly, cases in 2010 and which has reunited 60 families as that are drawn can take three or four years to of 2020),39 Waikato (Waikato Refugee Whanau process. RFRT pointed to one case lodged in Reunification Trust – established in 2012), and April 2015 that is still waiting for a decision. Manawatū (Manawatu Reuniting Refugees Family There are hopes that the lengthy delays in Trust – established in 2016). However, no other processing RFSC cases and the backlog in cases trusts operate at the scale of the Wellington- will be remedied with some allocation of funding based RFRT. All these charities are 100 per cent from Budget 2020. volunteer run, which means that all donations go directly towards family reunification. In The rights and entitlements of RFSC arrivals Christchurch, ReUnite Trust Canterbury was are not well understood by many agencies, and established in 2009, but was deregistered in 2017. RFSC arrivals frequently lack the paperwork beyond one primary travel document. Since RFSC arrivals do not transit through the Mangere 1.6 Refugee Resettlement Centre – Te Āhuru Mōwai o Aotearoa, basic settlement tasks (such as opening What are the bank accounts, obtaining IRD numbers, applying for MSD benefits, and liaising with Public Health needs and gaps? authorities) can be hit and miss. People arriving through the RSFC category are The high cost of RFSC applications remains a from refugee or refugee-like situations and barrier, though there is some expectation that require support to resettle, however, there is no Budget 2020 – along with the continued work of government funding to resource this. This lack reunification trusts – will significantly reduce this of support can result in significant pressure on problem. Key pre-arrival costs include: the sponsor, and the result of no professional ɠ application fees (approximately $1,000) settlement support services can result in poorer settlement outcomes for individuals and the ɠ approximately 50 hours of immigration community. For example, without support to advisor/legal assistance in completing assist family when they first arrive, the sponsors applications, collating evidence to meet can sacrifice the study or work opportunities they INZ’s mandatory lodgement requirements have developed. and responding to INZ requests for further The RFSC appears to be a low strategic priority for the government. Reunification is not mentioned

40 Immigration New Zealand (2018). New Zealand Refugee Resettlement Strategy Priorities to 2020. April. https://www. 39 Auckland Refugee Family Trust (2020). Who we have helped. immigration.govt.nz/documents/refugees/settlement-strategy- https://arft.org.nz/new-page; personal communication. priorities-2020.pdf

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information, including taking cases to the Immigration and Protection Tribunal ɠ airfares (between $2,000 and $5,000, RIGHT: Maher is from Damascus in Syria. In his depending on case circumstances) mid-twenties, he has left behind his sister and mother ɠ expenses incurred in obtaining medical while he seeks safety for the records (variable) whole family in Europe. He has travelled by boat, train ɠ establishing the ability to provide housing. and on foot to get as far as This is a vexing issue which could be addressed Macedonia, but his journey by making this requirement a final step once will continue into northern Europe. He plans to seek everything else is arranged. asylum, and apply for his The narrow definition of “family” currently used family to join him. by Immigration New Zealand effectively precludes some refugees from accessing the policy. The reality of wider family interdependence needs to be acknowledged, especially given the relationships that can be forged during years of displacement. In summary, while strong NGO support exists in Wellington, there is a need for application and settlement support of sponsors and those who they sponsor. While the gains from the 2020 budget will help with pre-arrival costs, there is a need for advocating for the place of family reunification to be better understood, supported and valued.

18 MIGRATION SCOPING REPORT 2. ASYLUM SEEKERS AND CONVENTION REFUGEES

FYR Macedonia: Gevgelija, 08 August 2015, © Stephen Ryan / IFRC

held in the general population. New Zealand 2. Red Cross has also been aware of the significant challenges facing people seeking asylum, Asylum seekers and particularly regarding meeting their basic needs including food, clothing, housing and school convention refugees uniforms. These observations have led to a small investment in providing practical assistance and An asylum seeker is a person who has left their volunteer support for this group of people in home to seek protection in another country, but Auckland. During COVID-19 lockdowns, asylum who has not yet been processed in accordance seekers were impacted by not being able to with the United Nations refugee law. Each year, access government financial assistance that they around one million people seek asylum around were eligible for. It is not uncommon for this the world.41 Once an asylum seeker has been group to be discriminated against and for there accepted, they are then known as convention to be perceptions that they are “queue jumpers” refugees – that is, people whose refugee status is or “illegal”. based on the 1951 Refugee Convention. Asylum seekers receive limited government Compared to most other countries, New Zealand assistance and convention refugees are not receives very few asylum seeker claims every eligible for some assistance until they are year: in the 2019/20 year, 502 people made granted permanent residence, a process asylum seeker claims. Of the decisions made that can take up to two years. The only NGO in that year (noting that COVID-19 disrupted supporting this group – Auckland-based Asylum this process), 36.3 per cent (124 people) were Seeker Support Trust (ASST), formerly operating approved by Immigration New Zealand. as the Auckland Refugee Council – is often New Zealand Red Cross has been deeply overwhelmed with emergency accommodation concerned about the practice of detaining some requests. This lack of support makes asylum people who are seeking asylum in prison, often seekers vulnerable to exploitation and abuse, most of which flows from the twin issues of a lack of direct support and restricted opportunities to engage in work which would 41 United Nations High Commissioner for Refugees (2020). Asylum Seekers.https://www.unhcr.org/asylum-seekers.html allow them to support themselves.

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Asylum seekers, including those in detention, a legitimate government objective.43 In recent are some of the most vulnerable migrants in years, much of the regional discussion has the world and are, as such, central to ICRC’s centred on the detention of asylum seekers by migration focus. These vulnerabilities are a the Australian government in Nauru and Manus result of not having the same rights as residents Island, Papua New Guinea. The majority of and citizens of the countries that they are in. those in offshore detention have either been For example, without accessible work rights, moved to Australia, resettled in a third country asylum seekers must choose between working or pressured into returning to their countries illegally or not having a place to live or food for of origin, while the offer to resettle 150 people themselves and their families. per year to New Zealand, remains on the table.44 Despite this reduction in numbers, there remains a strong connection in the public discourse across 2.1 Australasia and other asylum-seeker-receiving countries that offshore detention is a necessary, The international context if regrettable, policy. As of mid-December 2020, Australian refugee advocates note there are There are now nearly 80 million forcibly displaced approximately 290 people offshore (Nauru/Papua people in the world. The UNHCR estimates New Guinea); 200 in the Alternative Places of that 30–34 million of those forcibly displaced Detention, or APODs (hotel detention in Australia); are children. Globally, an estimated 11 million and approximately 800 in the community in people were newly displaced in 2019, including Australia (either in community detention or 2.4 million newly displaced refugees and asylum bridging visas).45 A slow but steady series of seekers. Developing countries continue to host reports have shown small numbers of asylum a disproportionately large number of displaced seekers and refugees – including those relocated people, amounting to 85 per cent of the global to Australia under Medevac provisions – being total. The least developed countries provide released into the community.46 refuge for 27 percent of refugees and asylum seekers (6.6 million people). Over the last decade, Australia – even after stopping arrivals by boat 16.2 million asylum applications were registered – received 24,566 applications for asylum in the globally, including 2.3 million in 2019 alone. At 2018/19 year. Adjusted for population size, that is the end of 2019, about 4.1 million people were ten times as many applications as New Zealand. still awaiting a decision on their application However, in the same period, only 1,650 people for asylum.42 were granted Convention status by Australia, at a rate of 11 per cent, a sharp decline from 32 per Most of the highly publicised movements of cent in previous years. The Refugee Council of refugees walking across international borders are Australia (RCOA) notes that the increased rate of asylum seekers: boats crossing from Indonesia applications and decreased acceptance rate is due to Australia up until 2013, Syrians and others to significant increases in unaccepted claims from entering Europe in 2015, and the migrant Malaysia and China.47 caravans going from Central America towards the USA in 2019. This broad media attention colours much of the discourse around refugee protection around the world, even when refugees are moving as part of a managed resettlement, sponsorship 43 United Nations High Commissioner for Refugees (2012). Detention or reunification process. Guidelines: Guidelines on the Applicable Criteria and Standards Relating to the Detention of Asylum‐Seekers and Alternatives to Detention. Under international law, immigration detention 44 McCulloch D. (2019). Dutton still not ditching NZ refugee deal. is only meant as a last resort and where it is Newcastle Star. 29 October. https://www.newcastlestar.com.au/ story/6990892/dutton-still-not-ditching-nz-refugee-deal/?cs=7307 necessary, reasonable, and proportionate to 45 Thorn, G. (2020). Public communication via Twitter. 14 December. https://twitter.com/drgrahamthom/status/1338359850883923969 46 Seselja, E. & Hanifie, S. (2021). Medevac detainees in Brisbane released with others in Darwin and Sydney also expected to walk free. ABC News. 1 March. https://www.abc.net.au/news/2021-03- 01/dozens-of-medevac-detainees-expected-to-walk-free-from- brisbane/13198942 42 United Nations High Commissioner for Refugees (2020). Global 47 Refugee Council of Australia (2020). Asylum statistics in Trends: Forced Displacement in 2019.https://www.unhcr. Australia. 30 August. https://www.refugeecouncil.org.au/asylum- org/5ee200e37.pdf community/2

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On top of the challenges with offshore detention countries to have these applications approved in Australia, there have been moves to limit the were China, Iran, Syria, Iraq and Saudi Arabia. ability of those who have arrived in Australia Only 6.7 per cent of claims from India – which had without a valid visa to claim permanent the second greatest number of applicants – were protection through the asylum process. The successful, compared to 56.5 per cent from China, adoption of two visa options for those asylum which had both the greatest number of applicants seekers – Temporary Protection Visas (TPV) and and the greatest number accepted. 52 Safe Haven Enterprise Visas (SHEV) – have led to The approval rate for refugee claimants to New asylum seekers remaining in Australia without any Zealand has remained between 25 per cent and 30 permanent protection.48 Instead, of asylum claims per cent in the past decade but was significantly leading to permanent residency if accepted, lower in the preceding decades – with just 6.5 the TPV requires rolling over applications every per cent approved in 1993/94.53 The most recent three years. While the SHEV appears to have the report notes that 40 people have been granted option of a permanent residency, applicants must convention refugee status based on their sexuality meet requirements similar to regular migrants, or gender and associated persecution, or fear of but are restricted in accessing those options by persecution. This population accounts for 8 per restrictions in access to upskilling services such cent of all claimants in the five years preceding as tertiary education.49 The policy has drawn the report.54 widespread criticism, including from Human Rights Watch.50 It fell out of usage due to political The Asylum Seeker Support Trust (ASST), changes in 2007, but was reinstated in 2013. As previously the Auckland Refugee Council, is the the RCOA notes, even those who arrive on valid main organisation working with asylum seekers visas and then claim asylum still struggle to and convention refugees. In Auckland, ASST access support.51 provides accommodation in a 16-bed hostel and temporary accommodation in three units to enable families to establish a rental history. Clients are referred to ASST through lawyers and 2.2 community networks. The client profile does not New Zealand context entirely match the profile of the top nationalities claiming asylum, as ASST tends to work with In the 2019/20 year, 502 people applied to those who are most vulnerable. Immigration New Zealand for Refugee and ASST employs two full-time social workers and Protection Approval; in the same year, 342 a part-time accommodation coordinator who decisions were made, with 124 (36.3 per cent) is responsible for the day-to-day running of the people approved as convention refugees. There hostel. ASST also has several volunteers who were 218 people declined. The 2018/19 year assist with a range of issues. The social worker showed the highest total number of asylum assists clients with applying for housing (including claims since 2003/04, with applications from social housing), provision of psychological 60 different countries. The data shows the top and social support, Work and Income, school five countries of origin among asylum seeker enrolments and other identified needs. Though applications were China, India, Sri Lanka, they have increased staffing in the last year, ASST Iran, and Saudi Arabia. In contrast, the top five

52 As of February 2021. See Immigration New Zealand (2020). Refugee 48 Kaldor Centre (2020). Factsheet: Temporary Protections Visas and Protection Unit Statistics Pack. https://www.immigration.govt. (TPVs) and Safe Haven Enterprise Visas (SHEVs) Andrew & Renata nz/documents/statistics/statistics-refugee-and-protection.pdf Kaldor Centre for International Refugee Law. November. https:// 53 Immigration New Zealand (2020). Refugee and Protection Unit www.kaldorcentre.unsw.edu.au/sites/kaldorcentre.unsw.edu.au/ Statistics Pack. https://www.immigration.govt.nz/documents/ files/Factsheet_TPVSHEV_Apr2019.pdf statistics/statistics-refugee-and-protection.pdf; RefNZ Statistics 49 Meixner, S. (2021). A Life in Limbo. ABC. 7 March. https://www. (2010). Table 3: The number of refugee status applications abc.net.au/news/2021-03-07/temporary-protection-visa-asylum- determined, and the number of applications and people approved seekers-stuck-for-life/12935502 and declined by the Refugee Status Branch during the financial 50 Human Rights Watch (2003). Human Rights Watch Commentary On years from 1992/93 to 2008/09. https://www.refugee.org.nz/ Australia’s Temporary Protection Visas For Refugees. Human Rights stats.htm Watch. https://www.hrw.org/legacy/backgrounder/refugees/ 54 Radio New Zealand (2017). LGBT asylum seekers granted refugee australia051303.htm status in NZ. Radio New Zealand. 17 June. https://www.rnz.co.nz/ 51 Refugee Council of Australia (2021). Australia’s asylum policies. 1 news/national/333279/lgbt-asylum-seekers-granted-refugee- March. https://www.refugeecouncil.org.au/asylum-policies/2 status-in-nz

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notes that asylum seekers have significant needs case saw a South American held for three years58 that they are not resourced to deal with. In effect, – mental health suffers. Overall, while MRRC is ASST functions as a crisis response for those cases safer than prison, asylum seekers are still treated that are in most need, rather than as a service significantly differently from people arriving provider that can deal with every asylum seeker. through the quota. From a detention perspective, New Zealand Given the delays to gaining permanent residency distinguishes between those who apply for for convention refugees, there are several flow-on asylum at the border (who have the potential to effects in terms of access to government services. be liable for turnaround) and those who apply for ASST notes that the delay tends to see convention asylum after they become liable for deportation refugees treated as migrants rather than people or turnaround. For those who claim at the border, who have been granted the protection of the Immigration New Zealand’s operational manual state. The issue is also particularly acute for provides guidance to immigration officers, which transgender convention refugees who are unable has detention in a penal institution essentially to change their names and/or genders on their as the option of last resort.55 For those who official documents. This has led to numerous apply after being liable, it is not clear whether dangerous, alienating and disturbing situations any guidance exists on when the discretion to for some to the most at-risk individuals in the apply for a warrant should be exercised (none convention refugee community.59 appears to be publicly available). However, The 2019 Budget included $25 million as part as noted above, if a warrant is applied for, the of a Maritime Mass Arrival Prevention policy, strict test in the Act means the presumption is aiming to boost capacity within the government towards detention. to counter asylum seeker boat arrivals. While There are multiple facilities that may be used to the government framed the spending as a house or detain asylum seekers who are liable humanitarian act, advocates pointed out that the for arrest and detention. For asylum seekers title of the bill indicated the primary aim was to subject to a warrant of commitment, s332 prevent boat arrivals and did little to help asylum provides they must be detained in a prison or a seekers.60 Documents released in the wake of premise approved by the Judge and the Chief the Budget also showed that the Treasury had Executive of the Ministry of Business, Innovation advised against the extra spending and suggested and Employment (MBIE).56 For individuals subject that there was no evidence of increased attempts to residence and reporting requirements, it is by people to reach New Zealand by boat.61 The possible they could be placed at the Mangere full details of the policy implementation have not Refugee Resettlement Centre (MRRC) – Te Āhuru yet been made public, so this is one area where Mōwai o Aotearoa, with members of their family more research and advocacy attention may need or community, or at a hostel. As of 25 September to be focused. 2020, two asylum seekers are detained in prison and one is at the MRRC,57 but anecdotally there have been – up until a year ago – on average a dozen people housed there at the MRRC at any one time. Those detained in MRRC are not afforded access to schooling, are not fed 58 Norman, C. (2020). Asylum seeker imprisoned for over three alongside quota refugees, and are given limited years seeks compensation for breach of human rights. TVNZ. 13 December. https://www.tvnz.co.nz/one-news/new-zealand/ rights to move off-site. When they are detained asylum-seeker-imprisoned-over-three-years-seeks-compensation- for long periods of time – one recent high-profile breach-human-rights 59 See IDAHOBIT Day Coalition (2018). Situation of Rainbow persons in Aotearoa/New Zealand. Submission to UPR. https://www. hrc.co.nz/files/6915/4448/0436/SOGIESC_UPR_Pre-Session_ Draft_3_fin.pdf; Byrne, J. (2018). Select committee letter on BDMRR bill. https://www.parliament.nz/resource/en-NZ/52SCGA_ EVI_74854_859/a0cc6588cf22394539224f1375769501b9005322 55 Immigration New Zealand (2016). Operational Manual. 60 Perinpanayagam, U. (2019). Government’s ‘saving lives at sea’ Wellington. (A16.2.10.10.) https://www.immigration.govt.nz/ rhetoric rings hollow. The Spinoff. 16 June. https://thespinoff. opsmanual/#35439.htm co.nz/politics/16-06-2019/governments-saving-lives-at-sea- 56 Immigration New Zealand (2009). Immigration Act (s9A). rhetoric-rings-hollow 57 Ministry of Business, Innovation and Employment (2020). 61 Devlin, C. (2019). Treasury advised Government against funding OIA response to Equal Justice Project. https://fyi.org.nz/ to prevent boats of asylum seekers. Stuff.14 August. https:// request/13831/response/52147/attach/2/DOIA%202021%20 www.stuff.co.nz/national/politics/115008615/treasury-advised- 0624%20Response%20Letter.pdf government-against-funding-to-prevent-boats-of-asylum-seekers

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completed within 120 days.63 Despite this, 40 per 2.3 cent of claims were older than six months, and Legal basis for asylum 18 per cent were older than nine months. Budget 2020 secured an extra $5 million of funding seekers and convention towards ensuring these cases were processed in a refugees in New Zealand timely fashion.64 Asylum seekers are eligible to apply for a Work This section starts with the legal basis for Visa, which is usually granted for six to 12 months. asylum seekers followed by the legal basis for However, it is difficult for asylum seekers to conventions refugees. obtain work if they only have a six-month visa, Legal basis for asylum seekers as employers are concerned about their status. These restrictions place asylum seekers in a New Zealand is a signatory of the following vulnerable place that can lead to the need for human rights conventions and therefore supports illegal work and exploitation. At the same time, the right of people to seek asylum here:62 they can technically access healthcare and ɠ 1951 United Nations Convention on Refugees have their children enrolled in school. In reality, there is little support for people to navigate this ɠ 1967 Protocol Relating to the system and – if people are forced to work without Status of Refugees a proper visa – there are incentives to avoid ɠ 1984 Convention Against Torture registering home addresses with the government. ɠ 1966 Covenant on Civil and Political Rights. Most people who claim asylum in New Zealand arrive in the country on valid visas or are issued Part 5 of the Immigration Act 2009 provides the visas on arrival and live in the community. A very statutory basis for the system by which New small number of people claim asylum on arrival Zealand determines to whom it owes obligations at New Zealand’s borders as most are filtered out under the above instruments as well as the by the airline’s advanced passenger screening process through which these claims will be processes. Those that do claim asylum at the decided in keeping with these Conventions, border are more likely to be subject to a Warrant Protocols and Rights. Similarly, Part 5 of the of Commitment and detained in Mt Eden Remand Act notes the rare situations where there is to Prison because of identity and security concerns be cessation or cancellation of recognition of a (although Immigration New Zealand’s operational protection claim. manual provides guidance to immigration The Refugee Status Unit handles initial refugee officers, which has detention in a penal institution and protection claims which can be made in essentially as the option of last resort).65 person (to an Immigration Officer, Police Officer New Zealand does not have mandatory detention or Customs Officer) or in writing (to Immigration of asylum seekers, but it can detain certain New Zealand). All claims must be later confirmed individuals and “mass arrivals groups”66 under the in writing by completing a lengthy claim form. law.67 The legal context for immigration-related Claimants are usually entitled to Legal Aid, and in detention in New Zealand is primarily contained practice, claims require the support of a lawyer or registered Immigration Consultant. While timeframes around decisions are not formalised, 63 Casey, V. (2019). Review of processes and proceedings for making the Refugee Status Branch aims to have a case refugee and protection status determinations under Part 5 of the Immigration Act 2009. Ministry of Business, Innovation and Employment. October. https://www.mbie.govt.nz/ dmsdocument/10382-review-of-processes-and-proceedings-for- making-refugee-and-protection-status-determinations-under- part-5-of-the-immigration-act-2009 64 Devlin, C. (2020). Budget 2020 funds security increase at Refugee Resettlement Centre and opens door for community sponsorship. Stuff.15 May. https://www.stuff.co.nz/national/politics/121531742/ budget-2020-funds-security-increase-at-refugee-resettlement- centre-and-opens-door-for-community-sponsorship 65 Immigration New Zealand (2016). Operational Manual. Wellington. https://www.immigration.govt.nz/opsmanual/#35439.htm 62 Immigration New Zealand (n.d.). Information for Asylum Seekers. 66 ‘Mass arrival groups’ refer to 30 people or more who arrive at the https://www.immigration.govt.nz/audiences/supporting-refugees- same time, on the same craft or group of crafts. and-asylum-seekers/asylum-seekers 67 Immigration New Zealand (2009). Immigration Act (s9A).

23 NEW ZEALAND RED CROSS

in the Immigration Act 2009 (relevantly amended going asylum proceedings on grounds of expulsion in 2013 and 2015), the Corrections Act 2004 and as they are not available for removal until a final the Bill of Rights Act 1990, which states “everyone decision on their claim has been made”.69 has the right not to be arbitrarily arrested In 2012, the government introduced an or detained”.68 Immigration Amendment Bill (enacted in 2013), to Part 9 of the Immigration Act establishes a tiered address “mass arrival groups”. The amendments approach to monitoring and detention. A person included the introduction of group warrants can only be subject to Part 9 (s309) of the Act if allowing for the detention of mass arrival groups they are liable to arrest and detention. Generally for extended periods of time.70 The Bill drew speaking, this means they will be liable for widespread criticism from human rights groups turnaround or for deportation. who said the policy did not sit within New Zealand’s international obligations or its domestic With respect to warrants of commitment, prior law. Several provisions in the amendment were to 2013, a warrant of commitment to detain an criticised, including the possibility of indefinite individual under the Immigration Act 2009 (or detention, the ‘mass arrival warrant’ and that Immigration Act 1987) could only be sought on the amendment does not include an “explicit an individual basis. A warrant of commitment presumption against detention.71 To gain the must be applied for in accordance with one of support of Peter Dunne’s United Future party, a the purposes in s310, which include to detain a provision was included that said the bill would person pending the making of a deportation order only apply to groups of 30 or more people where – (including while any appeal is heard against their previously – the minimum was ten or more.72 liability for deportation) or to deport the person by placing them on the first available craft. If the The Minister of Immigration at the time, Nathan Court is then satisfied the legal tests in s316 and Guy, said the Bill introduced “tough measures to 317 are met, the Court can grant the warrant. deter groups of illegal immigrants from travelling If not, the individual must be released into the to New Zealand,’ and aimed to combat people community on conditions. smuggling.73 Legal experts argued the original premise for the bill was largely unfounded and The test for granting warrants of commitment is did not consider the existing safeguards against much stricter for refugee claimants who claim people smuggling, including specific offences afterbecoming liable for deportation. Under under the Crimes Act 1961. People smugglers s317(5)(d) of the Immigration Act, if the person would also likely meet the criteria for offences has only claimed refugee status after they were under the Immigration Act, such as through the served with a deportation liability notice or provision of false or misleading information.74 deportation order or arrested and detained for Much of the controversy involved considerations the purposes of deportation or turnaround, a about whether detention could be considered Court must grant the warrant of commitment “arbitrary”. unless the individual can establish “exceptional circumstances”. These requirements mean, for Detained asylum seekers have their situation these individuals, if a warrant is applied for there reviewed before the District Court every 28 is effectively a presumption of detention. These policies are arguably contrary to the UNHCR’s guidelines on asylum detention because 69 New Zealand Human Rights Commission (2010). Human rights in New Zealand/Ngā tika tangata o Aotearoa. Report. http://www. such a strict test can be seen as a deterrent to hrc.co.nz/hrc_new/hrc/cms/files/documents/Human_Rights_ seeking asylum. It may also be contrary to the Review_2010_Full.Pdf 70 Parliamentary Debates (Hansard) (2012). Immigration Amendment guidelines because the warrant will likely have Bill — First Reading. 3 May. https://www.parliament.nz/en/pb/ hansard-debates/rhr/document/50HansD_20120503_00000012/ been applied for the purpose of detaining the immigration-amendment-bill-first-reading person pending deportation, yet guidelines state: 71 Global Detention Project (2016). New Zealand Immigration Detention Profile. “it is unlawful to detain asylum seekers in on- 72 Shuttleworth, K. (2013). Dunne backs ‘asylum seeker’ bill. Otago Daily Times. 12 April. https://www.odt.co.nz/news/politics/dunne- backs-asylum-seeker-bill 73 Parliamentary Debates (Hansard) (2012). Immigration Amendment Bill — First Reading. 3 May. https://www.parliament.nz/en/pb/ hansard-debates/rhr/document/50HansD_20120503_00000012/ 68 Flynn, M. (2014). Immigration Detention in New Zealand. Global immigration-amendment-bill-first-reading Detention Project. https://www.refworld.org/pdfid/545891740.pdf 74 Ibid.

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days. Technically, this is a new application for referred to as convention refugees. Immigration a Warrant of Commitment (WOC) every month, New Zealand is obligated to keep refugee and but, in practice, there needs to be a change in protection claims confidential under s151 of the circumstances for the warrant to be changed. Immigration Act 2009.77 Once identity and security concerns have been Convention refugees are eligible to apply for allayed, asylum seekers subject to a WOC are permanent residence for themselves and their directed to live at the MRRC or in the community. spouse and dependent children. The cost of Those who are released on Resident and applying is waived for convention refugees but Reporting Conditions (RRC) may be housed at they need to pay for any medical costs associated MRRC (if agreed to by MRRC), where they can be with the application.78 Currently this process takes granted leave for up to four hours per day, or they up to two years, adding to refugees’ anxiety and may be released to live in the community. An feelings of being in limbo. After five years living in increase in accommodation pressure on site has New Zealand as permanent residents, convention led to a decrease in the number of asylum seekers refugees can apply for New Zealand Citizenship. living at MRRC. They are also eligible to apply for a Work Visa (again application costs are waived) and can be If the Refugee Status Unit approves a claim, eligible for Work and Income support if they are the asylum seeker is recognised as a refugee or unable to find work. protected person. Unsuccessful claimants can appeal to the independent Immigration and The Refugee Status Unit of Immigration New Protection Tribunal (IPT).75 Approximately 19 Zealand is also responsible for cancellation or per cent of IPT appeals are refugee or protected cessation of refugee status if it was obtained persons cases and about a third of these by fraud, if the person no longer needs to are upheld.76 be protected because of changes in their or their country’s circumstances, or if they have There are increasing concerns about several committed serious crimes and pose a risk to the bureaucratic delays in immigration processes, community. These decisions can also be appealed as the internal changes at Immigration New to the Immigration and Protection Tribunal.79 Zealand seem to have impacted asylum seekers disproportionately, e.g., asylum seekers living at MRRC are issued with a work visa but then the visa is not renewed six months later, or interim 2.4 visas are not granted or are slow in being granted, which increases vulnerability and anxiety. Work The International Red visas used to take up to six weeks to be processed. Cross and Red Crescent They now take several months. Movement policy and Legal basis for convention refugees role in relation to asylum Individuals who claim asylum in New Zealand and seekers and convention who demonstrate they are refugees (those who cannot return to their home country because they refugees in New Zealand have a well-founded fear of persecution because of their religion, race, nationality, membership of Asylum seekers are of interest to the International a particular social group, or political opinion) are Red Cross and Red Crescent Movement due to

75 Ministry of Business, Education and Employment (2017). 77 Immigration New Zealand (2018). Immigration Fact Sheets Confirmation of Claim to Refugee and Protection Status in New Refugees and Asylum Seekers. https://www.beehive.govt.nz/ Zealand. https://www.immigration.govt.nz/documents/forms- sites/default/files/2018-09/Refugees%20and%20asylum%20 and-guides/inz1071.pdf seekers%20factsheet.pdf 76 Spiller, P. (2019). Immigration and Protection Tribunal Annual 78 Immigration New Zealand (n.d.). Information for Convention Report 2018/2019. https://www.justice.govt.nz/assets/Documents/ Refugees. https://www.immigration.govt.nz/documents/refugees/ Publications/Immigration-Protection-Tribunal-Annual-Report- inz-information-for-convention-refugees.pdf 2018-2019-for-website.pdf; Bonnett, G. (2021). A third of rejected 79 Immigration New Zealand (2018). Immigration Fact Sheets asylum cases overturned by appeals tribunal. Radio New Zealand. Refugees and Asylum Seekers. https://www.beehive.govt.nz/ 24 January. https://www.rnz.co.nz/news/national/435083/a-third- sites/default/files/2018-09/Refugees%20and%20asylum%20 of-rejected-asylum-cases-overturned-by-appeals-tribunal seekers%20factsheet.pdf

25 NEW ZEALAND RED CROSS

their lack of legal status and protection compared rights jurisprudence and in expert opinions.”81 to citizens which makes them most in need of The document sets out ten guidelines for humanitarian protection. These concerns are dealing with general conditions of detention particularly heightened for those asylum seekers as well as procedural safeguards and the who are detained in prisons. As the ICRC notes, “special circumstances and needs of particular drawing from the fundamental principle of asylum seekers”.82 impartiality regarding nationality, “our focus is on There is scope for New Zealand Red Cross to helping the most vulnerable migrants, regardless of build on previous initiatives conducted by its their legal status.”80 Relatedly, National Societies all international body. In 2015, ICRC published over the world deal with internal displacement on guidelines for National Societies working in large scales and there are relevant humanitarian immigration detention and published a Policy actions in these operations. Paper on immigration detention in 2017. The For both asylum seekers and convention refugees, ICRC visit detained migrants in both criminal the largest unmet need is the lack of support and dedicated immigration detention facilities. available at an organisational level. New Zealand During these visits, as with all detainees, the ICRC Red Cross works in a similar space with quota assesses whether detained migrants are treated refugees as part of their settlement programmes humanely, held in conditions that preserve their and Restoring Family Links. dignity and afforded due process of law. The ICRC also evaluates whether they can maintain contact In Auckland, New Zealand Red Cross Migration with the outside world, such as with their families Team works closely with ASST and for the past and consular authorities, if they wish to do so. four years has provided trained volunteers to support asylum seekers with temporary settlement tasks. Practical assistance has also been provided through the payment of school uniforms, provision 2.5 of hygiene kits and inclusion in settlement orientation. Across the country, Pathways to Environmental scan: who Employment also provides support to people is doing what in relation seeking asylum or convention refugees who have the legal right to work in New Zealand. During to asylum seekers and lockdown, food vouchers were provided to ASST to convention refugees distribute to families with urgent food needs. Concern about the number of people being Government detained has led to conversations with ICRC Suva Immigration New Zealand is the lead domestic on the potential for detention monitoring visits in agency with respect to asylum seekers and Mt Eden prison. ICRC recommended completing refugees. It is responsible for administering New the scoping project and then working together to Zealand’s refugee quota, determining asylum identify if a detention visit should occur. claims made onshore, and certain settlement New Zealand Red Cross takes guidance from initiatives. It is also responsible for immigration the ICRC policy on migrants in detention, who compliance, including detention. Immigration state, “With regard to administrative detention, New Zealand produces a brochure – the most up- migrants are entitled to the protection to-date version can be found online – providing established under international treaties to which high-level information about services available the detaining state is a party, as well as customary to asylum seekers living in Auckland, Wellington international law and a number of internationally and Christchurch, the cities where most asylum and regionally recognized standards. The seekers and convention refugees live.83 applicability of these to immigration detention has been increasingly addressed in human

81 United Nations High Commissioner for Refugees (2013). The Administrative Detention of Migrants. 82 Ibid. 80 International Committee of the Red Cross (2015). Activities for 83 Immigration New Zealand (n.d.). Services for Asylum Seekers. Migrants. https://www.icrc.org/en/publication/4246-activities- Auckland. https://www.immigration.govt.nz/documents/refugees/ migrants servicesforasylumseekersaucklandenglish.pdf

26 MIGRATION SCOPING REPORT 2. ASYLUM SEEKERS AND CONVENTION REFUGEES

As with asylum seekers, Immigration New claims are made in order to make the process less Zealand provides some high-level information stressful for claimants.85 for convention refugees on their website. Since 2018, MBIE has employed a staff member as a Advocacy groups and NGOs convention refugee navigator. The desk-based As noted earlier, ASST is the largest and most role contacts convention refugees around two active organisation that deals with asylum seekers months after they are accepted and offers advice and convention refugees. ASST is not funded by on how to access government services. Unlike the government but survives through a range quota refugees, there is no other government of sources including grants, revenue from the funding or support for asylum seekers. hostel and donations. In the last year, they have In the 2020 budget, the New Zealand government made numerous media appearances covering the increased funding to support a forecast increase detention of asylum seekers in prison.86 in claims from 600 to 700 people. The funding Outside of Auckland, there are no specific support will boost capacity to address fraud and integrity services, though groups like Changemakers issues and strengthen processes, but there is no Resettlement Forum in Wellington and funding in this to support the NGOs working with Christchurch Resettlement Services often get asylum seekers. called on to help asylum seekers find a place Four independent organisations monitor to live on first arrival. At other times, asylum detention facilities where asylum seekers can seekers are connected to people from their own be detained: the Independent Police Conduct ethnic communities already in New Zealand, Authority (IPCA), Children’s Commissioner, which places a large burden on these groups Ombudsman, and Inspector of Service Penal to assist. ASST provides some advice to these Establishments. These groups make up agencies and some clients by phone. Overall, the National Preventive Mechanism (NPM) the services provided are not well established with the Human Rights Commission as the as the organisations are already stretched coordinating body. and do not receive funding for their work with asylum seekers. In 2019, Victoria Casey QC completed a review of the processes for making an asylum seeker claim The Auckland Refugee Family Trust provides for MBIE.84 The review noted that while the formal support for some family reunification cases structures to guarantee the rights and processual when Convention Refugee funds have been fairness of asylum claims were sound, in practice, depleted through the asylum process. In terms of procedures were not always followed. The advocacy, the Asylum Seeker Equality Project at main theme of the report was the relationship Victoria University of Wellington’s law school, is breakdown between practitioners (lawyers working to secure equal settlement support for all representing asylum claimants) and refugee refugees in New Zealand.87 protection officers working at the Refugee Status Advocacy groups active on issues of asylum Branch within MBIE. Anecdotal evidence from seekers in detention include the Global Detention contacts indicates that, since the Casey report Project, the Human Rights Commission, the Asia was released, some good progress has been made Pacific Refugee Rights Network (APPRN) and the towards rectifying some of the key issues raised International Detention Coalition. There are other in the report, including changes to how asylum

85 Burrell, M. (2021). ‘Significant’ changes introduced to claiming refugee status in New Zealand. New Zealand Herald. 29 March. https://www.nzherald.co.nz/nz/significant-changes- introduced-to-claiming-refugee-status-in-new-zealand/ QJVARGF7N733NJMHHBV7EB6NGM 86 Kilgallon, S. (2020). No crime, no charge the asylum seekers welcomed to NZ with jailtime. Stuff.27 December. https://www. stuff.co.nz/national/123786697/no-crime-no-charge--the-asylum- seekers-welcomed-to-nz-with-jailtime 84 Casey, V. (2019). Review of processes and proceedings for making 87 Craig, P. (2019). People asking for asylum in NZ get a raw deal. refugee and protection status determinations under Part 5 of the Stuff.3 October. https://www.stuff.co.nz/national/politics/ Immigration Act 2009. MBIE. October. https://www.mbie.govt.nz/ opinion/116226783/people-asking-for-asylum-in-nz-get-a-raw- dmsdocument/10382-review-of-processes-and-proceedings-for- deal ActionStation (2016). Equal support for Convention Refugees. making-refugee-and-protection-status-determinations-under- https://our.actionstation.org.nz/petitions/equal-support-for- part-5-of-the-immigration-act-2009 convention-refugees-1.

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migrant advocacy groups, typically focused on website94 and outreach events at Pride Auckland) general settlement issues, who often comment and places a high value on privacy as many on issues of detention (for example, Migrant members are not out to their ethnic or national Action Trust). communities. The core group has approximately 35 members, with 85 per cent being transgender In 2020, the issue has been repeatedly raised by and a high proportion identifying as Muslim. Amnesty International Aotearoa New Zealand, Of these 35, only five arrived in New Zealand first around a report issued in January on the as quota refugees. A Wellington-based group, state of prisons,88 then in April around COVID-19 Rainbow Haven, emerged at the end of 2020 with a issues for the incarcerated,89 and then around similar kaupapa.95 World Refugee Day.90 A final report on their work on asylum seekers in detention is expected in The number one issue for Rainbow Path members the coming months, and there are indications in New Zealand is the delay in changing name that it will remain on their radar for the and gender on identity documents. As this can foreseeable future. only happen when permanent residency is granted, convention refugees often spend up to A recent wide-ranging panel discussion organised five years in difficult circumstances. Overtures by Asylum Seeker Equality Project, sought a have been made to the government through range of views on why detentions are taking politicians, including Grant Robertson, and the place. Alongside discussion of securitisation, Auckland District Law Society. The international immigration lawyer Kamil Lakshman noted that organisation Pride Legal hosts an in-depth the main problem was a lack of other suitable, domain featuring relevant LGBTQI+ legal non-prison spaces for those asylum seekers to be materials and links to a significant quantity of housed in.91 A late 2020 Official Information Act relevant news stories.96 (OIA) request by the group has shed some light on Corrections practices in housing asylum seekers.92 In the MRRC, RASNZ is engaged with providing counselling, body therapy and psychological On the back of increases in the number of LGBTQI+ support for asylum seekers. As there is no official asylum seekers, as well as growing attention on support for convention refugees and they can be them,93 a relatively active group called Rainbow asked to leave with just 24 hours’ notice, RASNZ Path New Zealand was founded. Launched in found themselves in the position of offering ad January 2019, the group is proactively involved in hoc, emergency settlement support including supporting and providing a network to LGBTQI+ assistance with housing. asylum seekers and refugees. The group has been mostly conducted through a private Facebook group (though they have recently established a 2.6 What are the needs and gaps? 88 Satherley, D. (2020). New Zealand’s prison policies under fire in new Amnesty report. Newshub. 30 January. https://www.newshub. co.nz/home/new-zealand/2020/01/new-zealand-s-prison-policies- For both asylum seekers and convention under-fire-in-new-amnesty-report.html refugees, the biggest unmet need is lack of 89 Amnesty New Zealand (2020). Amnesty International releases human rights briefing to COVID-19 committee. 15 April. https:// resourcing to provide support to meet basic www.amnesty.org.nz/amnesty-international-releases-human- 97 rights-briefing-covid-19-committee needs and to advocate where required. There 90 Radio New Zealand (2020). Amnesty International calls for end to jailing asylum seekers. Radio New Zealand. 15 June. https:// www.rnz.co.nz/national/programmes/first-up/audio/2018750656/ amnesty-international-calls-for-end-to-jailing-asylum-seekers 91 Though the discussion is not online, a description of the event is 94 Rainbow Path New Zealand (2021). Connecting LGBTQIA+ here: https://www.eventbrite.co.nz/e/a-right-delayed-is-a-right- Refugees and Asylum Seekers in Aotearoa New Zealand. https:// denied-tickets-119400631503 and the Asylum Seeker Equality rainbowpathnz.com Project’s online site is here: http://asep.co.nz/home 95 Though there is not a strong online presence for Rainbow 92 Department of Corrections (2020). OIA reply to Asylum Haven, both Changemakers Resettlement Forum and Tranzform Seekers Equality Project. FYI. 10 November. https://fyi.org. Wellington have posted on social media about collaborations with nz/request/13830/response/52723/attach/13/C126581%20 the group. Correspondence%20from%20Corrections.pdf 96 Pride Legal (n.d.). New Zealand LGBT Laws. https://pridelegal.com/ 93 Murphy, S. (2017). Number of Queer and Gender Diverse Refugees new-zealand-lgbt-laws in New Zealand Rises’. Gay Express. 29 June. https://gayexpress. 97 Yzelman, R. & Bond, S. (2020). Gaining a sense of citizenship and co.nz/2017/06/number-queer-gender-diverse-refugees-new- belonging in Aotearoa New Zealand: the work of refugee support zealand-rises providers. sites 17(1), 66–90.

28 MIGRATION SCOPING REPORT 2. ASYLUM SEEKERS AND CONVENTIONCONVENTION REFUGEES

is a significant gap in that there is only one from coming to New Zealand. This deterrence specialty organisation in the country, and this is attitude also leads to negative attitudes underfunded. even once asylum seekers are accepted as convention refugees, undermining their well- Unmet needs: asylum seekers being and settlement. ɠ Many of the unmet needs are underpinned by ɠ While there is little quantitative data on public chronic poverty among the asylum seekers perceptions of asylum seekers in New Zealand (including those supported by ASST). This (and very little on refugees, in general) there poverty means that basic humanitarian needs is a pervasive public discourse, mirroring such as food and shelter are going unmet. that of Australia, that asylum seeking is a less legitimate way of obtaining protection than ɠ Accommodation in Auckland is expensive and difficult to secure for single men and those through the quota. without a New Zealand rental history. Lawyers Unmet needs: asylum and others in the sector report people living in seekers in detention cars, or at homeless shelters (of which there are a decreasing number) or sleeping rough. ɠ No monitoring of detention; detention used before it is a last resort ɠ Work and Income is a constantly challenging At present there is no monitoring of asylum process as staff do not understand the seekers being detained in prison, and there is entitlements of asylum seekers and often ask little effort made to use alternative methods to incorrect questions regarding the basis of house or clarify the identity of asylum seekers asylum claims. It is difficult for clients to access before they are detained. At the very least, benefits without the help of a social worker or we would expect clear guidelines that show skilled volunteer. asylum seekers will be treated as different from ɠ Those with six-month work visas struggle to those who have committed a crime. gain formal employment and are often forced ɠ Transparency of information into the grey economy. Detailed statistics about where immigration ɠ Access to education (either ESOL or Tertiary) as detainees are held or how many people are an asylum seeker is limited. detained is not proactively made available in New Zealand.99 An RNZ article in August 2019 ɠ ASST especially, and other NGOs working with asylum seekers, have no budget for interpreters. stated that eight asylum seekers were being Many of the languages used by asylum seekers detained, one of whom had been detained for 100 101 are not provided by InfoNOW (which took over over a year. A series of OIA requests have the Language Connect contract). shed some light on the issue. ɠ ɠ Asylum seekers are not entitled to the same Issues with current legislative and support as Quota Refugees and are not policy settings included in the Refugee Resettlement Strategy. There is an argument that the application This issue has been raised by Changemakers of the stricter warrant of commitment test Resettlement Forum in 2013 and was the to those individuals who claim asylum basis of the formation of the Asylum Seekers after becoming liable acts as a deterrent to Equality Project campaign.98 refugee claims. Under international law and ɠ There is a lack of services for asylum seekers outside of Auckland. 99 In response to a request from the Global Detention Project (GDP), ɠ There is a pervasive approach to government an official at the Department of Labour wrote, ‘The Department policy that asylum seekers must be deterred does not hold information regarding which prisons hold asylum seekers or which particular corrections facility irregular migrants or asylum seekers were held at’ (2016). 100 Bonnett, G. (2019). Asylum seekers in NZ waiting 7 months on average for decision. Radio New Zealand. https://www.rnz.co.nz/ 98 Bloom, A., O’Donovan, T. & Udahemuka, M. (2013). Marking news/national/395952/asylum-seekers-in-nz-waiting-7-months- Time: experiences of successful asylum seekers in Aotearoa New on-average-for-decision Zealand. https://tindall.org.nz/wp-content/uploads/2014/03/ 101 These documents can be found through a search for key terms Marking-time-Experiences-of-successful-asylum-seekers-in- at the FYI website: https://fyi.org.nz/search/%22asylum%20 Aotearoa-NZ.pdf seekers%22/all

29 NEW ZEALAND RED CROSS

New Zealand domestic law,102 deterrence an asylum seeker, in detention at the privately or punishment is not a legitimate ground managed Mt Eden prison, was reportedly for administrative detention. Other than for forced to participate in the “fight clubs”.104 border claimants, there appears to be a lack of guidance on when the decision to apply for a Unmet needs: convention refugees warrant of commitment should be exercised. ɠ Currently Convention refugees are waiting up As noted above, there are concerns with the to two years for permanent residence to be mass arrival warrant process, including risk of granted. Until they have permanent residence, lengthy or indeterminate detention. However, Convention refugees with families are not these provisions have never been used. entitled to Family Tax Credits, nor the Work and Income Accommodation Supplement. For Legal representation can also be challenging. some families, this can make a difference of An application for a warrant of commitment $500 per week. is filed in the District Court and heard in a (usually brief) hearing before a District Court ɠ Applying for permanent residence and family judge. Individuals are often represented by reunification is costly and time consuming. the duty solicitor, who will typically have little Legal Aid does not cover these applications and knowledge of the Immigration Act. so lawyers charge their regular fees. The cost of airfares is met by Auckland Refugee Family ɠ Lack of oversight of the detention process Trust for a number of families, but sometimes Asylum seekers are at risk of being in detention convention refugees borrow this money from for extended periods. The principle of non- others in the community. refoulement means that no one can be transferred (i.e., deported) to another state ɠ There are no facilities for transgender if there are substantial grounds for believing convention refugees to change their names that they will be in danger of persecution or and gender on official documents until granted other fundamental rights breaches. This rule is permanent residency. reflected in s164 of the Immigration Act which ɠ As with asylum seekers, dealing with Work provides refugees and claimants cannot be and Income is stressful and often requires deported. In terms of detention, this means that the intervention of a social worker to secure if an individual is detained pending deportation, entitlements. and they are also an asylum claimant, they cannot be deported until (and only if) their ɠ Convention refugees are not entitled to the claim is negatively determined. This detention same support as Quota Refugees and are not could be for a significant period, for example, in included in the Refugee Resettlement Strategy. 2020, Immigration New Zealand stated that the ɠ If a convention refugee arrives in New Zealand two asylum seekers in detention were there for, as part of a “mass arrival group” without a on average, 395 days.103 Given the risk of such valid visa, their eligibility for a resident visa extended detentions, independent reviews of will be restricted. Such individuals must hold the appropriateness of these detentions (aside a temporary visa successively for three years from the Court process) should be considered. before they can be granted residence and have It is unclear to what extent the conditions of their refugee status reviewed (to determine if it an asylum seeker’s detention are monitored. should be cancelled) before they are eligible to Detention may be even more pertinent when apply for a permanent resident visa based on a prison is privately managed. For example, their refugee or protected person status.

102 Yadegary v Department of Labour, NZAC 295 (2008). https://www. refworld.org/pdfid/4986f7512.pdf 103 Ministry of Business, Innovation and Employment (2020). OIA response to Equal Justice Project. https://fyi.org.nz/ request/13831/response/52147/attach/2/DOIA%202021%20 0624%20Response%20Letter.pdf 104 Cowlishaw, C. (2016). Prisoner claims he was forced to take part in fight clubs at Mt Eden. Stuff.https://www.stuff.co.nz/national/ crime/82383201/prisoner-claims-he-was-forced-to-take-part-in- fight-clubs-at-mt-eden

30 MIGRATION SCOPING REPORT 3. REFUGEE SETTLEMENT © New Zeala nd Red Cross

Adraa Mofak, former refugee from Syria, alongside Rita Murphy, New Zealand Red Cross Refugee Support Volunteer, trying to make sense of a letter she has received in her letter box.

3. Refugee settlement

Refugee settlement in a third country is a protection by granting permanent residency on life-saving tool of protection alongside the arrival. Since the end of World War Two, and the integration of refugees in the country where beginning of the modern refugee resettlement they first seek protection and returning to the systems, 40,000 people have made New Zealand refugee’s home country when it has become home as resettled refugees. safe. While the settlement process fulfils the New Zealand Red Cross has been the lead humanitarian goal of saving lives, there are refugee settlement provider in the community also challenges in settling in a new country since Refugee Services Aotearoa merged into the and culture. organisation in 2012. Due to the relatively small A formal refugee settlement programme, known number of refugee arrivals in New Zealand, as the refugee quota, has been in place in specialised and accessible support services are New Zealand since 1987.105 Prior to the formal often limited. Key issues in achieving successful programme, an ad hoc system welcomed settlement outcomes are a lack of support for numerous groups on the basis of need. The New young people, access to mental health and Zealand settlement programme offers generous trauma recovery, access to health and welfare services, social integration, the experiences of discrimination, and housing. Overlying many 105 The language around refugee settlement and refugee resettlement of these issues is a lack of cultural competence is not settled. New Zealand Red Cross tends to use the term settlement for the processes once a refugee has arrived in New in service provision and a lack of use of Zealand and is in the process of settling. In this document we have used resettlement when referring to specific language of other interpreters. organisations, policies and the international sphere, for example the New Zealand Refugee Resettlement Strategy.

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for up to five years post arrival.108 In contrast to 3.1 Australia and Canada, sponsoring agencies in The international context the USA ensure basic needs are met for the first 30 days of resettlement through cooperation The number of people recognised as refugees with the Department of State. Further assistance by the United Nations High Commissioner programmes for longer-term settlement needs are for Refugees (UNHCR) is 26.3 million. Of this also supported with government funding.109 population, the number of people requiring Resettlement programmes vary significantly settlement in 2021 is projected to be 1.445 million, from nation to nation. For a comprehensive twice as many as in 2017.106 Globally, the UNHCR evaluation of global resettlement programmes, ten-year resettlement strategy aims to settle three see the New Zealand Red Cross report on Refugee million refugees over the next ten years through Resettlement: Global Landscape Review Trends and a combination of resettlement (one million) and Gaps in Measuring Successful Refugee Integration, complementary pathways (two million).107 completed by Deloitte in 2016.110 Stacey Shaw and The 1951 Refugee Convention and its 1967 Mallory Funk’s 2019 overview of social service Protocol do not bind states to implement refugee provision in refugee resettlement goes into more quotas. Global quota programmes are set by detail on exactly what these different systems governments and these intakes can change offer.111 For example, the USA provides support significantly depending on political influences. for only the first three months after arrival, with Changing political priorities, particularly in the the focus on gaining employment. In comparison, USA which has historically been the country with Sweden places greater focus on integration and the largest refugee resettlement programme, has support programmes that can last more have seen a dramatic drop in recent years of the than two years.112 number of places for resettlement. This reduction The health needs of resettling refugees are one has placed significant pressure on the UNHCR and key humanitarian concern across resettlement resulted in people with more complex and higher communities where a wide range of approaches needs being referred. are drawn from differences in broader approaches Once a person is granted refugee status by the to healthcare, insurance and migration status. In UNHCR, they may be put forward for resettlement Australia, physical and mental health needs are in a third country if they face severe health and/ considered as part of the case-management plan or safety issues and there is no prospect of being within the Humanitarian Settlement Program able to return to their home country. Australia, (HSP).113 In the USA, resettlement agencies refer Canada and the USA have run resettlement refugees for an initial comprehensive health programmes for roughly the same length of time assessment free of charge. Refugees are then as New Zealand, although their programmes – eligible to apply for healthcare support through even on a per capita basis – resettle many more refugees than the New Zealand programme. In 2018, Australia had a target of 7,900 and 108 United Nations High Commissioner for Refugees (2018). Canada 9,000 for refugees selected offshore, and Resettlement Handbook: Australia. https://www.unhcr. org/3c5e542d4.html; United Nations High Commissioner for both countries also accept substantially more Refugees (2018). Resettlement Handbook: Canada. https://www. refugees through a combination of community unhcr.org/3c5e55594.html 109 United Nations High Commissioner for Refugees (2018). sponsorship (some of which is government Resettlement Handbook: United States of America. https://www. unhcr.org/3c5e5a764.html assisted) and through processing asylum claims. 110 Deloitte and New Zealand Red Cross (2017). Refugee Resettlement: Both countries provide support to refugee arrivals Global Landscape Review: Trends and Gaps in Measuring Successful Refugee Integration. January. https://media.ifrc.org/ifrc/wp- content/uploads/sites/5/2018/06/Refugee-Resettlement-Industry- Review-White-Paper_FINAL.pdf 111 Shaw, S. & Funk, M. (2019). A Systematic Review of Social Service Programs Serving Refugees. Research on Social Work Practice. 29(8), 847–862. 112 Konle-Seidl, R. (2018). Integration of refugees in Austria, Germany and Sweden: Comparative analysis. European Parliament, Policy 106 United Nations High Commissioner for Refugees (2020). Refugee Department A: Economic and Scientific Policy. https://www. Data Finger. UNHCR. 8 December. https://www.unhcr.org/refugee- europarl.europa.eu/RegData/etudes/STUD/2018/614200/IPOL_ statistics STU(2018)614200_EN.pdf 107 United Nations High Commissioner for Refugees (2019). The Three 113 United Nations High Commissioner for Refugees (2018). Year Strategy (2019–2022) on resettlement and complementary Resettlement Handbook: Australia. https://www.unhcr. pathways. June. https://www.unhcr.org/5d15db254.pdf org/3c5e542d4.html

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Medicaid or Refugee Medical Assistance (RMA). Immigrant Aid Society, though with greater Through RMA, eligible refugees may access government coordination and involvement from health care, including mental health care, for up the early 2000s onwards. After several more to eight months.114 In Canada, refugees’ physical name changes, the organisation, known then and mental health needs are first covered by the as Refugee Services Aotearoa, was closed and Interim Federal Health Program until the refugee the resettlement programme merged into New becomes eligible for provincial or territorial Zealand Red Cross in December 2012. healthcare coverage (typically within 90 days). The refugee quota programme includes In both cases, this coverage includes psychology humanitarian categories and designations for and psychotherapy services. Additionally, women at risk (at least 75 places, to grow to 150 physical and mental health promotion activities when quota grows to 1,500),117 general protection, are available through orientation programmes urgent resettlement (up to 35 cases per annum) and healthy living community interventions.115 and medical cases (retained at up to 75 places, but in practice there have been significantly fewer in recent years). Selection is based on 3.2 humanitarian and protection needs and fulfils a large part of the New Zealand government’s New Zealand context humanitarian intake, as opposed to the skilled migrant programmes. History While the humanitarian categories and the New Zealand has a long history of resettling long-term consistency of New Zealand’s refugee refugees, with one early, large-scale acceptance quota programme can be viewed as generous, of refugees occurring in 1944 when 733 Polish unfortunately the size of the quota and its children and 105 carers arrived. What was meant composition cannot. Over the past decade, a to be temporary protection until the end of World public campaign to double New Zealand’s refugee War Two eventually became permanent when the quota, the global media coverage of the Syrian post-war annexing of Poland made it impossible crisis and increased global political solidarity 116 for the group to return safely. with refugee situations all influenced public The community settlement programme was opinions and political commitments, resulting in first delivered by churches through the Inter a change of policy. In 2015, the National Party- Church Commission on Immigration and Refugee led government accepted 750 Syrians over three Resettlement (ICCI). Over time this work was years, with 500 of this number on top of the centralised, professionalised and secularised, quota, and committed to raising the quota to with the organisation becoming Refugee and 1,000 in two years’ time. A change of Government Migrant Service (RMS) in 1990. While small in 2017 saw the new coalition announce an amounts of funding have been provided over the increase in the refugee quota to 1500 from 1 years (in 1994, government funded two part- July 2020. A doubling of the quota to 1500 is time paid workers) it was only in 2004 that the still only equivalent to 31.3 arrivals per 100,000 government provided funding for settlement of the population. In comparison, Australia providers and not until 2014 that the service was resettled over 23,000 people in 2017 at a rate of 118 fully funded. Outside of selection and reception, 94 arrivals per 100,000 of the population. The settlement had largely remained the domain only highlight regarding the size of New Zealand’s of churches and NGOs such as the Hebrew quota is that it is increasing at a time when many states, including traditional resettlement states such as the USA, have been decreasing their

114 United Nations High Commissioner for Refugees (2018). Resettlement Handbook: United States of America. https://www. unhcr.org/3c5e5a764.html 115 United Nations High Commissioner for Refugees (2018). 117 Immigration New Zealand (2019). Three year Refugee Quota Resettlement Handbook: Canada. https://www.unhcr. Programme 2019/20 to 2021/22. Cabinet Paper. 6 November. org/3c5e55594.html https://www.mbie.govt.nz/assets/three-year-refugee-quota- 116 For an in-depth history of refugees and asylum seekers in New programme-2019-20-to-2021-21.pdf Zealand see Beaglehole, A. (2013). Refuge New Zealand: a 118 For a detailed overview of the changes to the refugee quota during nation’s response to refugees and asylum seekers. Dunedin: Otago this period see Stephens, M. (2018). Doing Our Bit: the campaign to University Press. double the refugee quota. Wellington: BWB Texts.

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quotas. Permanent reductions by the Australian cases from the Asia-Pacific region,122 though government during COVID-19 has led to a focuses on Myanmar and Afghanistan.123 situation where, on a per capita basis, the two Tasman countries are accepting almost the same The settlement process 119 number of refugees. Refugees are chosen for settlement in New In the last full year, 1,008 people arrived from Zealand through a process that includes a Cabinet 23 countries of origin and 50 different ethnic decision influenced by UNHCR recommendations groups. In addition to the quota programme, and requiring that each person to be settled has New Zealand also has a small number of asylum been referred by UNHCR.124 Every three years, seekers each year (see section two, above). Cabinet signs off on the quota composition New Zealand’s complementary pathways also which guides Immigration New Zealand (INZ) include the Refugee Family Support Category case selection. People who are resettled in New (see section one) and a pilot community Zealand through the quota receive government- sponsorship programme (see section 13 on funded settlement support for up to a minimum additional categories). of 12 months.125 The current New Zealand Refugee Resettlement Strategy focuses on self-sufficiency, New Zealand’s refugee quota composition policy social integration and independence.126 has reflected broader discriminatory aspects of the country’s migration policy. In the 1940s to The New Zealand quota programme provides 1980s, the quota composition largely followed generous protection. On arrival, people receive New Zealand’s immigration policy and refugees permanent residency and are eligible to access were selected from primarily white countries the same support as other permanent residents of origin such as Eastern Europeans including and citizens, including financial benefits, Czechs, Hungarians and Slovaks. In the 1990s, housing, healthcare and settlement assistance. the quota programme diversified significantly All quota refugees currently spend their first five with arrivals from a number of countries and weeks in New Zealand at the Mangere Refugee regions including Africa and the Middle East. Resettlement Centre (MRRC) - Te Āhuru Mōwai o Opportunities for settlement of people from Latin Aotearoa, in Auckland. At MRRC, they participate America were established in 2008. in a reception programme aimed at preparing them to live and work in the community. The In 2009, the quota composition established new reception programme addresses the priority areas restrictions on cases from Africa and the Middle of health assessment, initial treatment and health East to require a family link to be in place before promotion, settlement planning and orientation selection.120 These restrictions have resulted in to New Zealand, English language and preparing a significant reduction in the number of cases arriving from Africa and calls into question New Zealand’s claim of a humanitarian quota, as the greatest need for resettlement is in Africa.121 The quota composition policy came under review with 122 It is worth noting that no refugees actually come from the Pacific an acknowledgement from Iain Lees-Galloway, islands to New Zealand through this category. The definition, as with Latin America, Africa and the Middle East, is from the UNHCR Minister of Immigration, that the policy is “the and does not represent a commitment to the countries that New Zealand otherwise prioritises through aid and other links. definition of discrimination”. In October 2019, the 123 Asia Pacific is the UNHCR regional grouping but can be a little Minister announced the family link requirement misleading to New Zealand readers as there have been no Pacific island refugees resettled through this programme in New Zealand. would be dropped. The composition of the Myanmar, Afghanistan and Bhutan have been the main countries of origin for Asia Pacific refugees settled in New Zealand in the past contemporary quota programme still prioritises two decades. 124 See the most recent Cabinet Paper for insights into this process: Immigration New Zealand (2019). Three year Refugee Quota Programme 2019/20 to 2021/22. Cabinet Paper. 6 November. https://www.mbie.govt.nz/assets/three-year-refugee-quota- 119 Refugees, here, includes all categories of people who have a likely programme-2019-20-to-2021-21.pdf path to permanent residency. See Stephens, M. (forthcoming). 125 Immigration New Zealand (n.d.). New Zealand Refugee Quota Australia cuts, New Zealand doubles, but who takes more? Programme.https://www.immigration.govt.nz/about-us/what-we- Overland Journal. do/our-strategies-and-projects/supporting-refugees-and-asylum- 120 Stephens, M. (2018). Unfair and discriminatory: which regions does seekers/refugee-and-protection-unit/new-zealand-refugee-quota- New Zealand take refugees from and why? Policy Quarterly, 14(2). programme https://ojs.victoria.ac.nz/pq/article/view/5097 126 Immigration New Zealand (n.d.). New Zealand Refugee 121 Stephens, M. (2019). A short history of New Zealand’s racist refugee Resettlement Strategy. https://www.immigration.govt.nz/about- policy. The Spinoff. 28 May. https://thespinoff.co.nz/politics/28-05- us/what-we-do/our-strategies-and-projects/refugee-resettlement- 2019/a-short-history-of-new-zealands-racist-refugee-policy strategy

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working age adults for employment and children The current refugee resettlement strategy for school.127 prioritises access to mental health services within New Zealand.129 Limited access to mental On arrival in settlement locations – after leaving health services, however, may not be the only MRRC – refugees continue to receive government- impediment to positive mental health outcomes funded settlement support. New Zealand Red for former refugees. A major mental health Cross is the main provider of settlement support barrier for former refugees is familial separation. in all settlement areas, except Timaru and One study found that family reunification was Ashburton, and is contracted by Immigration New the most important factor in former refugees’ Zealand to deliver the Pathways to Settlement own perceptions of successful settlement; programme, which aims to support the New furthermore, there was an increased prevalence Zealand Resettlement Strategy. The Pathways of mental health and settlement difficulties to Settlement programme uses a strengths- amongst refugee-background families in New based approach to assist former refugees in New Zealand where reunification applications were Zealand as they begin their settlement journey. A underrepresented.130 key part of the programme involves connecting families to their new community and supporting Currently there are only two specialist mental them to access mainstream services so they can health service providers for former refugees in become independent. New Zealand Red Cross New Zealand: Refugees as Survivors New Zealand runs orientation programmes in the community (RASNZ) in Auckland and New Zealand Red which build on the information provided at Cross – Refugee Trauma Recovery in Wellington. the MRRC reception programme and provides RASNZ is a mental health charitable trust that has linkages to community resources and providers. provided holistic mental health and well-being support to former refugees in New Zealand since The first year in the community of a resettled 1995. They provide initial support at the MRRC, refugee consists of the starting up phase (one working with 43 per cent of quota refugees. They to three months), settling (three to six months) also provide mental health support through and the building independence and connections clinical, youth, community, research, and training period (six to 12 months). As part of an expanded initiatives. They support hundreds of clients COVID-19 response, settlement has been expanded every year and have access to 125 interpreters.131 to a two-year programme, and although there is Refugee Trauma Recovery has a multidisciplinary evidence this expansion is beneficial, there has team of clinical and therapeutic mental health not yet been confirmation whether it may be an specialists offering services to former refugees option in the future. The settlement journey takes of all ages who have experienced serious longer than 12 months and approximately 20 per trauma and now live in either the Wellington cent of quota refugees need support after this first or Hutt Valley District Health Board (DHB) area. 12 months. This often relates to specific groups These services are free of charge and trained such as youth, solo parents, and the elderly who, interpreters are available as needed.132 Both are without support, often experience social isolation funded by the respective DHBs. and challenges accessing their entitlements to services and resources to meet their basic needs. There have been some recent difficulties in Scholars note the centrality of refugee support settlement locations outside of Auckland and organisations to the settlement process, at the Wellington with a lack of independent mental same time as noting the constraints of under- health services for people with a refugee resourcing and systemic challenges. Yzelman and Bond conclude with the comment, “there is a need in Aotearoa New Zealand to increase capacity and 129 Ministry of Business, Innovation & Employment (2017). New 128 Zealand Refugee Resettlement Strategy. https://www.immigration. resourcing for the settlement process.” govt.nz/documents/refugees/nz-refugee-resettlement-strategy- overview_april-2017-docx.pdf 130 Choummanivong C., Poole, G. & Cooper, A. (2014). Refugee family reunification and mental health in resettlement. Kōtuitui: New Zealand Journal of Social Sciences Online, 9:2, 89–100. https:// 127 Immigration New Zealand (2019). Immigration Factsheets: www.tandfonline.com/doi/full/10.1080/1177083X.2014.944917 New settlement locations. https://mstn.govt.nz/wp-content/ 131 Refugees As Survivors New Zealand (n.d.). About us. uploads/2019/06/New-settlement-locations-FAQ-May-19.pdf https://rasnz.co.nz/about-us 128 Yzelman, R. & Bond, S. (2020). Gaining a sense of citizenship and 132 New Zealand Red Cross (n.d.). Refugee Trauma Recovery. https:// belonging in Aotearoa New Zealand: the work of refugee support www.redcross.org.nz/what-we-do/in-new-zealand/migration- providers. sites 17(1) 66–90. programmes/refugee-trauma-recovery

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background. In the MidCentral DHB area, role, but to date no steering group or coordination including the settlement areas of Palmerston has been established. North and Levin, counselling referrals are made to The planned increase of the refugee quota to THINK Hauora. New Zealand Red Cross is working 1,500 resulted in six new settlement locations with this organisation and ACROSS, another social being announced for establishment in 2020: service provider, to improve access to appropriate Timaru, Ashburton, Masterton, Levin, Blenheim counselling services for people with a refugee and Whanganui. Planning to establish Whanganui background. In Dunedin and Invercargill, people as a settlement site was paused, perhaps for the with a refugee background may access priority long term, due to concerns raised by iwi about a referral help for mental health support through lack of consultation. WellSouth, though this is not specialised care for traumas experienced as a former refugee.133 The current intake of the quota and the full use of In Nelson, Deb Moore began the Stressbusters these new settlement locations has been affected group programme in 2017 to address the complex by COVID-19 border closures. Several emergency mental health needs of former refugees from cases were accepted into the country from Colombia as a supportive group alternative to November 2020, and, in February 2021, the quota individual therapy.134 In the Wellington region, was tentatively restarted but will not meet the alongside specialised Refugee Trauma Recovery new 1,500 intake for the 2020/21 year,136 with just services, the Piki programme offers tautoko: under 300 people likely to be welcomed.137 therapy, peer support coaches, and other free mental health advice and services for people aged 18–25.135 3.3 The additional Syrian arrivals announced in Legal basis for 2015 – effectively increasing the quota to 1,000 places – required new settlement locations to refugee settlement be established. After extensive lobbying from the community and a council-backed proposal, New Zealand is a signatory of the 1951 Refugee Dunedin was the first new location to be selected. Convention. Very little of the refugee settlement The Dunedin City Council has been the first programme is based on law, but instead council to work with a refugee steering group comes about as policies agreed on by Cabinet and participate in the coordination of integration every three years. The New Zealand Refugee initiatives. In comparison to other legacy Resettlement Strategy is a whole-of-government locations, the steering group has resulted in a approach to delivering improved refugee significantly different settlement experience for settlement outcomes. both the new arrivals and the wider community. Refugee settlement policies are also supported In 2018, Invercargill was announced as the by international human rights conventions (such next settlement location and while the same as the Universal Declaration of Human Rights and approach was taken by the Ministry of Business, The Principles for the Protection of Persons with Innovation and Employment (MBIE), it was not Mental Illness and the Improvement of Mental as well received due to concerns from the City Health Care) as well as the New Zealand Bill of Council about a lack of consultation. In March Rights Act and Human Rights Act 1993, which 2019 – just prior, and unrelated to, the March 15 ensure equality and prohibit discrimination.138 Terror Attacks – Christchurch was reopened as a settlement location and the Christchurch City Council has played an engaged and supportive 136 Parliamentary Service (2020). The New Zealand Refugee Quota: A snapshot of recent trends. Parliamentary Library Research Papers. https://www.parliament.nz/media/7269/new-zealand-refugee- quota-august-2020.pdf 137 Basagre, B. & Cann, G. (2021). Over 200 refugees set to come to 133 WellSouth Primary Health Network (n.d.). Brief Intervention New Zealand as quota programme resumes. Stuff.5 February. Services. https://wellsouth.nz/community/about-us/clinical- https://www.stuff.co.nz/national/300223368/over-200-refugees- service/brief-intervention-services set-to-come-to-new-zealand-as-quota-programme-resumes 134 Nelson Marlborough Health (2020). Stressbusters: Supporting 138 Bloom, A. (2010). Rights-based approaches to mental health Colombian former refugees in Nelson. https://www.nmdhb.govt. services with refugees: An annotated bibliography. https://www. nz/quicklinks/news-and-publications/our-people-our-stories/ mentalhealth.org.nz/assets/ResourceFinder/Rights-based- stressbusters approaches-to-mental-health-services-with-refugees-An- 135 Piki (n.d.). Support. https://piki.org.nz/support annotated-bibliography-Sept-2010.pdf

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As such, there may also be a rights-based resettlement. It is not uncommon for people argument for access to care in refugee settlement fleeing conflict and then who are resettled in that addresses shortcomings in mental health and a third country to have been assisted by the other long-term structural inequalities faced by International Red Cross and Red Crescent former refugees in New Zealand.139 Under the New Movement at each stage of their journey. Zealand Public Health and Disability Act 2000, s32 Regionally, New Zealand Red Cross contributes B10, a person is eligible to receive publicly funded to the Asia Pacific Migration Network (APMN) to health services if they are recognised as a refugee work towards the Movement Leadership model for under the Immigration Act 2009.140 Migration. The Movement Leadership model is a While these basic protections are in place, way to try to create a shared approach to migration academics have argued that the degree of that will allow the ICRC to achieve some of the legal protection for both quota refugees and goals shared with the Global Compact on Migration convention refugees is insufficient to meet the as well as to focus on shared goals within National economic, social and cultural rights of those Societies. While settlement strategies were not the granted protection.141 Using examples from focus of either the APMN or the leadership model, health, housing, education, employment and settlement is one of the ways that many of these social security, they draw out three concerns. challenges can be resolved. First, they argue access to ECSR varies due to Several Red Cross Red Crescent National Societies regional differences in resettlement services; are involved in refugee settlement, particularly second, they note funding focuses on general across Europe (e.g., Iceland, Sweden, Ireland, population, or, when it is specific, on short- the Netherlands, Germany), North America and term outcomes; third, they note that a lack of Australasia. The British Red Cross offers direct embedding of these rights leads to discrimination settlement support, through 58 service centres, and a weakness in the overall human though this is described as emergency support rights framework. rather than a universal programme and tends to be focused on asylum seekers and convention refugees.142 The Australian Red Cross also runs 3.4 refugee settlement programmes in some selected states and is funded by the Australian government The International Red in this regard.143 This programme, of all those Cross and Red Crescent considered here, is the most like that provided by Movement policy New Zealand Red Cross. American Red Cross do not directly provide and role in relation to settlement support in the manner that it is refugee settlement provided in New Zealand, but they do provide support without discrimination and are involved The humanitarian consequences of migration via Restoring Family Links programmes.144 and displacement are central to the work of The main focus for the American Red Cross, parts of the International Red Cross and Red however, is helping refugees, asylum seekers and Crescent Movement. The Movement often migrants through relief and medical care outside provides cross border support as people flee of the USA.145 In Canada, Red Cross links new conflict, with particular attention paid to access to health and other services in refugee camps, offering protection regardless of nationality 142 British Red Cross (2021). Get help as a refugee. https://www. and undertaking advocacy for third country redcross.org.uk/get-help/get-help-as-a-refugee 143 Australian Red Cross (2021). Migrant & refugee settlement services. https://www.redcross.org.au/about/how-we-help/migration- support/humanitarian-settlement-program 144 American Red Cross (2020). How Does the American Red Cross 139 Ibid. Help Asylum Seekers and Migrants? https://www.redcross.org/ 140 Ministry of Health (2014). Refugee Health. https://www.health. about-us/news-and-events/news/how-does-the-american-red- govt.nz/our-work/populations/refugee-health/health-needs cross-help-migrants.html 141 Mahony, C., Marlowe, J., Baird, N. & Humpage, L. (2017). 145 American Red Cross (2020). Migration and Refugee Crisis: Aspirational yet precarious: Compliance of New Zealand refugee Responding in Times of Crisis With Relief and Hope. https://www. settlement policy with international human rights obligations. redcross.org/about-us/our-work/international-services/migration- International journal of migration and border studies, 3(1), 5–23. and-refugee-crisis.html

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refugees to resources, but not through a formal (Canterbury Refugee Resettlement and Resource settlement programme.146 A number of Red Cross Centre). MBIE provides a small amount of funding National Societies across Europe – including to facilitate regional refugee consultation and Iceland, Sweden, Denmark, Germany, Finland, engagement through the “Strengthening Refugee Switzerland and Norway – also run settlement Voices” initiative148, while some have advocated support programmes. New Zealand Red Cross for an expansion of the programme.149 engages with some of these societies through the UNHCR-led Annual Tripartite Consultations on NGOs and community groups Resettlement (ATCR). There are many NGOs who support refugee As the main settlement support provider settlement, but very few focus solely on supporting in New Zealand, much of the prior sections former refugees. However, a number specialise in detail the work that New Zealand Red Cross working with refugees and migrants. NGOs and undertakes with the settlement of refugees. Key community groups include English Language work undertaken by the organisation includes Partners volunteer home tutors, English language Pathways to Settlement (145 staff and 1,400 teachers, KiwiClass, Citizens Advice Bureau, volunteers), Pathways to Employment (25 Staff), Community Law centres, regional migrant centres, and Refugee Trauma Recovery in Wellington (12 Christchurch Resettlement Service, Catholic Social staff). There has also been more work from New Services and other faith-based organisations such Zealand Red Cross in recent years to strengthen as mosques and churches. refugee background voices in the national As noted in section two, two LGBTQI+ groups – dialogue, from highlighting these stories as part Rainbow Path in Auckland and Rainbow Haven of the Kiwi Legends campaigns to employing staff in Wellington – have emerged in recent years as 147 from refugee backgrounds in a range of roles. social, advocacy and support groups. Of the two, the Auckland group is more established150 and organised an event on refugee and asylum seeker 3.5 rights as part of Auckland Pride 2021.151 Environmental scan: who As noted in section two, there are only two specialist mental health service providers for former refugees is doing what in relation in New Zealand: Refugees as Survivors New Zealand to refugee settlement (RASNZ) in Auckland and New Zealand Red Cross – Refugee Trauma Recovery in Wellington, as well as numerous less established programmes, if not Established communities with organisations, around the country. Third Culture refugee backgrounds Minds has been active across refugee youth mental The most common source of guidance and health work with a particular strength in engaging support for former refugees after they exit New with the media, which crosses over to public Zealand Red Cross support comes from their own perception of migrants (see section 12).152 community members. Many community members provide support to newly arrived groups voluntarily. There are five refugee forums which are led by refugee-background communities and are based in Auckland (Aotearoa Resettled Community Coalition), Hamilton (Waikato Refugee Forum), Palmerston North (Manawatū 148 Cunliffe, D. (2007). Making a difference. Speech at National Refugee Resettlement Forum Hamilton Kingsgate Hotel. https:// Refugee Voice), Wellington (Changemakers www.beehive.govt.nz/speech/making-difference-refugees Resettlement Forum) and Christchurch 149 Stephens, M. & Dutta, M. (2018). Strengthening Refugee Voices in New Zealand. Palmerston North: CARE Research centre. 150 Marrett, C. (2021). Rainbow refugees come to NZ to find safety, but say the system is not built for them. Re:News. 20 April. https://www.renews.co.nz/rainbow-refugees-come-to-nz-to-find- safety-but-say-the-system-is-not-built-for-them 146 Canadian Red Cross (2021). Migrant and Refugee Services. 151 Auckland Pride (2021). So Far To Go: Refugees’ and Asylum https://www.redcross.ca/how-we-help/migrant-and-refugee- Seekers’ Rights. https://aucklandpride.org.nz/rainbow-path-panel services/first-contact 152 See, for example, Third Culture Minds (2020). Racism and 147 See, for example, Regmi, G. (2020). Former Refugee Voice: Reflection Islamophobia are a mental health issue. Re: News. 23 June. www. on the refugee and settlement process. sites. 17 (1), 8–14. renews.co.nz/racism-and-islamophobia-are-a-mental-health-issue

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Government A background report for the inquiry panel highlights particular challenges for former In 2013, the New Zealand Refugee Resettlement refugees including: previous trauma, limited Strategy (NZRRS) was established and it is access to mental health services, isolation implemented by an across government senior from family and community, language barriers, officials group representing different ministries poor access to qualified interpreters, poverty, including Health, Education, Social Development, ignorance about the health and welfare system Kāinga Ora and Immigration. The resettlement and their entitlements, lack of trust towards strategy has five goals with indicators of success: service provider and authorities, and cultural self-sufficiency, education, housing, participation, beliefs about mental health.157 Additionally, and health and well-being. MBIE is progressing the use of mental health services by young a range of programmes under this strategy people from a refugee background showed aimed at improving settlement outcomes, complex challenges including discrimination, including an employment project and language lifestyle changes, homesickness, complex family assistance project. situations, and difficulty accessing culturally safe services.158 Challenges in accessing mental health services were put down to a lack of interpreting 3.6 and translation and cultural competence available at mainstream services, and limited use What are the in secondary health care but also involved stigma needs and gaps? within resettled communities.

Lack of mental health support Settlement support required for longer than 12 months A recent government inquiry into mental Some families and individuals require support health and addiction states that people with for a longer period than New Zealand Red Cross refugee backgrounds living in New Zealand contracts allow. The needs vary by personal experience unmet mental health needs and circumstances and by region, often depending on disproportionately poorer mental health than the length of time communities have been settled the general population.153 While acknowledging where they are placed. New Zealand Red Cross that there are ways to improve mental estimates that up to 33 per cent require ongoing health outcomes within settlement, it is also assistance for up to three years. For many former important to note the individuality, resilience refugees, the intermediate stages of settlement and resourcefulness of people with refugee are more complex than the first few months of backgrounds.154 A study at MRRC found that living in New Zealand. Issues commonly emerging only 14 per cent of former refugees reported after several years include worry about family significant psychological symptoms155 and 45 members in exile or when there are difficult per cent accessed mental health services in events in their home country. New Zealand.156 Specialised support for young people required Nearly half of the people who arrive through the 153 New Zealand Government (2018). He Ara Oranga: Report of the refugee quota are under the age of 18. A review Government Inquiry into Mental Health and Addiction. November. https://www.mentalhealth.inquiry.govt.nz/assets/Summary- of young people’s experiences of settling in New reports/He-Ara-Oranga.pdf 154 Cunningham R., Kvalsvig, A., Peterson, D., Kuehl, S., Gibb, S., Zealand, undertaken by New Zealand Red Cross in McKenzie, S., Thornley, L. & Every-Palmer, S. (2018). Stocktake 2016, identified the need for settlement support report for the mental health and addiction inquiry: A background report for the Inquiry panel. https://mentalhealth.inquiry.govt.nz/ assets/Summary-reports/Otago-stocktake.pdf 155 McLeod, A. & Reeves, M. (2005). The health status of quota refugees screened by New Zealand’s Auckland Public Health Service between 1995 and 2000. The New Zealand Medical Journal, 157 Cunningham R., Kvalsvig, A., Peterson, D., Kuehl, S., Gibb, S., 118(1224), 36–52. McKenzie, S., Thornley, L. & Every-Palmer, S. (2018). Stocktake 156 Immigration New Zealand (2018). New Zealand Refugee report for the mental health and addiction inquiry: A background Resettlement Strategy: Success Indicators and Measures Outcomes report for the Inquiry panel. https://mentalhealth.inquiry.govt.nz/ Update for 2017/18. https://www.immigration.govt.nz/documents/ assets/Summary-reports/Otago-stocktake.pdf refugees/nzrrs-dashboard.pdf 158 Ibid.

39 NEW ZEALAND RED CROSS

tailored to young people. The existing NZRRS and Treaty obligations in the service description for the MBIE settlement refugee settlement service delivery do not specify adaption of service New Zealand Red Cross is currently not honouring for young people. our obligations to Te Tiriti o Waitangi, and tangata Amplifying former refugee voices. whenua are rarely involved in our settlement programme. Connection and engagement with An ongoing issue for many former refugee and iwi has been sporadic and varied across the migrant community groups and organisations is regions. Considering a kaupapa Māori approach the limited opportunities and resources available to to settlement could reshape how settlement goals them so they can represent their own voice in New and integration are achieved. Zealand and deliver settlement services to their communities. There is a lack of funding within the Housing sector as a whole and multiple barriers for refugee- There is a shortage of housing in many places background communities to access funding. and housing that is secured is often substandard Experiences of racism due to the pressure to take whatever is available. and discrimination These shortcomings can result in issues with health, safety and neighbourhood issues. The March 15 Terror Attacks were a horrific Complaints of cold and damp housing are reminder of the tragic impacts of racism in the common, with links between poor housing and community. Public perceptions, stereotypes and ill-health reported. Private rentals are expensive lack of information limits the opportunity for (because of bond costs and weekly rent) and people to integrate into the community. Racism those without a tenancy history, as well as and structural discrimination affect employment, single people, struggle to find housing if their health and education and social integration. circumstances change. Buying a house can also prove problematic without knowledge of New Zealand systems e.g., requesting a LIM report.

40 MIGRATION SCOPING REPORT 4. AUSTRALIAN RETURNEES

New Zealand Red Cross disaster response volunteer, Nicky Van Praagh, providing psychological first aid to a returnee from Wuhan, China, in the early days of COVID-19 global pandemic. © New Zeala nd Red Cross

4. 4.1 Australian returnees The international context

Mandatory visa cancellations by the Australian The United Nations Human Rights Committee government have increased in recent years. condemned Australia’s practice of deporting These powers have seen nearly 2,000 people long-term residents as a breach of international deported to New Zealand since hard-line law in 2011.160 Other countries who have adopted enforcement of the policy began in 2014. In the this approach, including the USA, have also drawn last year alone, 477 New Zealand citizens were considerable criticism.161 returned from Australia.159 Under Australia’s Migration Act (1958) a visa can New Zealand Red Cross has received a small be revoked (and consequently the person can number of requests from Australian Red be deported) under s116 and s501. Under s501, Cross to provide support to New Zealand cancellation occurs because the person does not returnees that Australian Red Cross have been meet the prescribed good character test; under supporting. Where possible, New Zealand s116, cancellation can occur because the person Red Cross’s Migration team has provided poses a risk to the health, safety or good order referral information for Australian returnees. of the Australian community, or to an individual Little is known about this group – often within the Australian community. These changes referred to as “501s” – including who may to Australian migration legislation have increased be providing support to them beyond basic government services.

160 Human Rights Law Centre (2011). UN finds Australia violated international law in landmark case. 7 September. https://www. hrlc.org.au/news/un-finds-australia-violated-international-law- 159 Biddle, D. (2020). ‘A hell worse than prison’: Deportee describes in-landmark-case-on-rights-of-non-citizens-and-protection-of- Australian detention centre. Stuff.https://www.stuff.co.nz/ families national/119785003/a-hell-worse-than-prison-deportee-describes- 161 Mann, J. (2008). Deported: A History of Forced Departures from australian-detention-centre; Australian Government, (2020). Australia by Glenn Nicholls. Reviews in Australian Studies, 3(5); Visa cancellation statistics. Department of Home Affairs. https:// Mount, M. (2018). Turn That Plane Around: The Pending Decision www.homeaffairs.gov.au/research-and-statistics/statistics/visa- on the Deportation of Asylum Seekers. Georgetown Immigration statistics/visa-cancellation Law Journal. 33, 149.

41 NEW ZEALAND RED CROSS

the number of visa cancellations on character grounds and are mainly due to a new mandatory 4.2 visa cancellation power, which is now applied to New Zealand context all foreign nationals in Australia.162 As of 2020, there are over 650,000 New Zealanders New Zealanders living in Australia, who fall living in Australia, and 62,000 Australians living within these provisions, can be deported with in New Zealand.168 Between the 2013/14 and little notice (sometimes a matter of days) in a 2016/17 years – when the Migration Act was regime immigration lawyers are describing as amended – the number of visa cancellations on “heart-breaking”.163 One lawyer familiar with these character grounds increased by over 1,400 per cases stated, “I’d rather deal with a murder case cent. These cancellations were often for relatively than a visa cancellation, because deportation is minor convictions, such as dishonesty.169 In the a life sentence with no parole.164 The Australian most recent year, 477 New Zealanders had their government is currently looking to expand its visas cancelled in Australia – more than four times powers to deport people born in New Zealand so the number of cancellations as the next greatest anyone (including children) convicted of a crime country, the United Kingdom.170 with a potential sentence of two years can be deported.165 There are also particular concerns Nearly 2,000 people have been deported to about the restrictive nature of the s116 removals: New Zealand since Australia began hard-line those removed through this only have seven days enforcement of immigration policy in 2014. One to appeal and they must pay $1,700. Appealing third of those people had not visited New Zealand the s501 cancellation is free and there are 28 days for over a decade. Individuals who appeal the to file an appeal. Lawyers are also concerned that cancellation of their visas remain locked in while the s501 removal has a prescribed set of detention centres, sometimes for several years, rules over what constitutes good character, these while their case is decided. In the past year, 36 per are not in place for s116 removals.166 cent of appeals were successful, meaning the New Zealander could remain in Australia.171 In January 2021, almost all the Christmas Island detention centres – where deportees go awaiting At least three New Zealanders have died while appeals – were burnt down. Deportees had in detention and at least two other deaths have complained that they were kept in cells for 22 been linked to deportation,172 while there is also hours a day, received no medical or mental health significant self-harm among many of the broader care, and that the New Zealand government cohort of detainees.173 New Zealand Prime would not tolerate this treatment of their citizens from countries like China and Japan.167 168 Clarke, M. (2020). Jacinda Ardern to plead with Scott Morrison to stop deporting New Zealanders. ABC News. https://www.abc. net.au/news/2020-02-28/jacinda-ardern-to-plead-with-scott- morrison-for-change-of-heart/12008262 169 New Zealand Police Association (2018). Crime and Banishment. https://www.policeassn.org.nz/news/crime-and-banishment 170 Australian Government (2020). Visa cancellation statistics. Department of Home Affairs. https://www.homeaffairs.gov.au/ 162 Department of Corrections (2019). Returning Offenders: Frequently research-and-statistics/statistics/visa-statistics/visa-cancellation Asked Questions. https://www.corrections.govt.nz/__data/ 171 Ibid. assets/pdf_file/0003/28407/Returning_offenders_fact_sheet_ 172 Hasham, N. (2016). New Zealand detainee dies inside Villawood January_2019.pdf detention centre after apparent altercation.Sydney Morning 163 Biddle, D. (2020). Kiwis caught out by law forcing deportation Herald. April 5. https://www.smh.com.au/politics/federal/new- within days, Australian lawyer says. Stuff.https://www.stuff.co.nz/ zealand-detainee-dies-inside-villawood-detention-centre-after- national/politics/119855692/kiwis-caught-out-by-law-forcing- apparent-altercation-20160405-gnyii7.html; McGowan, M. (2020). deportation-within-days-australian-lawyer-says New Zealand man dies while detained in Melbourne immigration 164 Ibid. detention centre. The Guardian. 10 August. https://www. 165 One News (2020). Humans Rights Commissioner concerned as theguardian.com/australia-news/2020/aug/10/new-zealand-man- Australia looks to expand New Zealand deportation policy even dies-while-detained-in-melbourne-immigration-detention-centre; further. TVNZ. https://www.tvnz.co.nz/one-news/new-zealand/ Pickering, S. & Weber L. (2020). Australian Border Deaths Database. humans-rights-commissioner-concerned-australia-looks-expand- Border Crossing Observatory at Monash University. https://www. new-zealand-deportation-policy-even-further monash.edu/arts/border-crossing-observatory/research-agenda/ 166 Biddle, D. (2020). Kiwis caught out by law forcing deportation australian-border-deaths-database; One News (2021). Man killed within days, Australian lawyer says. Stuff.https://www.stuff.co.nz/ in Papatoetoe police stand-off was deported from Australia in national/politics/119855692/kiwis-caught-out-by-law-forcing- 2017. TVNZ. 26 February. https://www.tvnz.co.nz/one-news/new- deportation-within-days-australian-lawyer-says zealand/man-killed-in-papatoetoe-police-stand-off-deported- 167 Andelane, A. & Prendergast, E.(2021). Another riot breaks out at australia-2017 Australia’s Christmas Island detention centre overnight advocate. 173 Theunissen, M. (2019). Man dies at detention centre where Newshub. 10 January. https://www.newshub.co.nz/home/ New Zealanders are on hunger protest. Radio New Zealand. 26 world/2021/01/another-riot-breaks-out-at-australia-s-christmas- January. https://www.rnz.co.nz/news/world/380970/man-dies-at- island-detention-centre-overnight-advocate.html detention-centre-where-new-zealanders-are-on-hunger-protest

42 MIGRATION SCOPING REPORT 4. AUSTRALIAN RETURNEES

Minister Jacinda Ardern said the deportation laws In early 2021, deportees featured in heightened were having a “corrosive effect” on the country’s discussions about whether Australia’s policy relationship with Australia.174 In response, some had led to a substantial reported increase in media commentators have noted that while gang numbers and sizes. While the methodology these deportations are causing trouble in the for determining the increase in gang numbers relationship, New Zealand is equally guilty since was questioned,181 the number of deportees 1,040 Pacific Island nationals were deported in involved in gangs was also shown to be low.182 the previous five years.175 Nevertheless, the association of deportees with an increase in gang activity may have been As at December 31 2019, there were 1,450 people fixed in the public discourse due to a few highly in detention centres in Australia and 11 per publicised cases.183 In March 2021, the issue cent were New Zealanders.176 Australian Human became politicised as part of a general reported Rights Commissioner Edward Santow said New cooling in trans-Tasman relations.184 Key events Zealand currently makes up the second-largest were the Australian government granting a demographic within Australian immigration journalist access to the runway where deportees centres.177 Deportees are held for 496 days on were being transported back to New Zealand,185 average in immigration centres; this compares and the deportation of a 15 year old.186 with the average in Canada of just over 12 days.178 Twenty per cent of people in immigration centres have been held for over 730 days.179 New Zealanders of Māori and Pacific island descent are 4.3 over-represented in these centres at more than 60 per cent of total cases.180 Legal basis for Australian Feedback from refugee background communities returnees in New Zealand indicates that there is a small but significant The Returning Offenders (Management and cohort of people from their communities who Information) Act (ROMI) was passed under have been deported as part of this system. As a urgency by the New Zealand government in 2015. part of smaller communities in New Zealand, the The Act was passed in response to an Australian stigma associated with deportation for former law change that made non-Australian citizens refugees can be greater than for the general liable to have their visas cancelled if they were population. Community members noted a crisis sentenced to 12 months’ imprisonment or more. point for returnees around poor mental health, During 2015, the number of offenders returning which sometimes led to suicide. to New Zealand rose from five per month to

181 Gilbert, J. (2021). Gangs: Shonky stats lead to shonky responses. 174 Ainge Roy, E. (2019). ‘I was petrified’: the New Zealanders deported Newsroom. 16 February. https://www.newsroom.co.nz/gangs- from Australia despite decades working there. Stuff.https://www. shonky-stats-and-shonky-responses theguardian.com/australia-news/2019/sep/08/i-was-petrified- 182 Lynch, J. (2021). Australian deportees make up minuscule the-new-zealanders-deported-from-australia-despite-decades- amount of New Zealand’s gang explosion. Newshub. 21 February. working-there https://www.newshub.co.nz/home/politics/2021/02/australian- 175 Du Plessis-Allan, H. (2021). Heather du Plessis-Allan: Standing deportees-make-up-minuscule-amount-of-new-zealand-s-gang- up to Australia what’s Jacinda Ardern’s game here? New Zealand explosion.html Herald. 20 February. https://www.nzherald.co.nz/nz/politics/ 183 See, for example, the focus on the Comancheros in Radio New heather-du-plessis-allan-standing-up-to-australia-whats-jacinda- Zealand (2021). Comanchero gang leader Pasilika Naufahu jailed arderns-game-here/YPGP2Z4NI6BOBSXJHMCIZARWWM for 10 years. Radio New Zealand. 19 February. https://www.rnz. 176 Biddle, D. (2020). Kiwis caught out by law forcing deportation co.nz/news/national/436732/comanchero-gang-leader-pasilika- within days, Australian lawyer says. Stuff.https://www.stuff.co.nz/ naufahu-jailed-for-10-years national/politics/119855692/kiwis-caught-out-by-law-forcing- 184 Murphy, K. & Hunt, E. (2021). NZ politicians attack Australian deportation-within-days-australian-lawyer-says minister Peter Dutton for comparing deportees to ‘trash’. The 177 One News (2020). Humans Rights Commissioner concerned as Guardian. 11 March. https://www.theguardian.com/australia- Australia looks to expand New Zealand deportation policy even news/2021/mar/11/nz-politicians-attack-australian-minister-peter- further. TVNZ. https://www.tvnz.co.nz/one-news/new-zealand/ dutton-for-comparing-deportees-to-trash humans-rights-commissioner-concerned-australia-looks-expand- 185 Quinlivan, M. (2021). Australian reporter hounds deportees as new-zealand-deportation-policy-even-further they’re bundled on flight to NZ, MP Peter Dutton calls them ‘trash’. 178 Ibid. Newshub. 11 March. https://www.newshub.co.nz/home/new- 179 Powell, R. (2019). ‘Questions of fairness: New Zealander zealand/2021/03/australian-reporters-hound-deportees-as-they- experiences of s501 and the case of Shane Martin. Overland, 6 June re-bundled-on-flight-to-nz-peter-dutton-calls-them-human-trash. 2019. html 180 O’Regan, S. (2018). Why New Zealand Is Furious About Australia’s 186 Hunt, E. & Hurst, D. (2021). ‘Rogue nation’: anger in New Zealand Deportation Policy. New York Times. 3 July. https://www.nytimes. after Australia deports teenager. The Guardian. 16 March. https:// com/2018/07/03/world/asia/new-zealand-australia-deportations. www.theguardian.com/world/2021/mar/16/rogue-nation-anger- html in-new-zealand-after-australia-deports-teenager

43 NEW ZEALAND RED CROSS

25 per month. In the first 18 months of the Act’s operation, 625 offenders returned to New 4.4 Zealand. Most (98 per cent) came from Australia The International Red (12 came from the USA, two from Thailand and one from the United Kingdom). Cross and Red Crescent The Act places two main burdens on deportees: Movement policy there are requirements to submit certain and role in relation to information and data; deportees are subject to supervision on arriving in New Zealand. The ROMI Australian returnees Act affects returning offenders, that is, people who have been convicted overseas of an offence Australian returnees are of interest to both that would be an imprisonable offence in New the International Red Cross and Red Crescent Zealand. As their conviction has made them liable Movement and the New Zealand and Australian for deportation or removal, they have returned to National Societies as they experience New Zealand. The Act enables the New Zealand humanitarian challenges. These humanitarian Police to obtain information from returning challenges include the forced repatriation of non- offenders, including their name, address, date citizens from Australia to New Zealand, as well as of birth, photograph, and fingerprints. In certain the integration and legal challenges that arise for cases, the police may also obtain a DNA sample returnees in New Zealand. from a returning offender.187 To date there has been very little engagement The ROMI Act established a supervision regime with this group. Australian Red Cross has for returning prisoners. Returning prisoners are contacted New Zealand Red Cross on a small included in the definition of returning offenders: number of occasions to ask for information on people who were sentenced to more than one local services or support that can be passed on to year in prison or to a number of sentences that people Australian Red Cross is supporting before total more than one year, and who return to New they are deported. Zealand within six months after their release. The Movement’s role in monitoring detention This regime mirrors that for people released from could cross over with this issue. Further New Zealand prisons and includes the imposition exploration would be required if there were areas of standard and special conditions under the of detention monitoring that could be engaged Sentencing Act 2002 and the Parole Act 2002. with, such as the treatment of deported nationals Under s32, some offenders who have returned and/or advocacy around these issues. more than six months after being released from custody may also be subject to supervision conditions. A court must be satisfied that 4.5 conditions are necessary to facilitate the person’s rehabilitation and reintegration or to reduce Environmental scan: who the risk of reoffending. In September 2019, a is doing what in relation government review of the ROMI Act reported that it was generally working as intended. Only one to Australian returnees minor recommendation was made to improve the operation of the Act. Government While the New Zealand Labour Party was in opposition, Kelvin Davis was outspoken in supporting deportees, including visiting Christmas Island.188 In 2020, Prime Minister Jacinda Ardern argued that people who were only

187 Powell, R. (2020). Submission to the Working Group on Private Military and Security Companies in Immigration Enforcement. Border Crossing Observatory. 11 July. https://www.ohchr.org/ 188 Radio New Zealand (2015). Kelvin Davis arrives at Christmas Island. Documents/Issues/Mercenaries/WG/ImmigrationAndBorder/ 17 October. https://www.rnz.co.nz/news/political/287269/kelvin- powell-submission.pdf davis-arrives-at-christmas-island

44 MIGRATION SCOPING REPORT 4. AUSTRALIAN RETURNEES

nominally New Zealanders – who had Australian entitled “Balancing risk and human rights in family and accents and had lived there for ten the deportation of convicted non-citizens from years189 – should not be deported here and that Australia to New Zealand”. Part of this work a reciprocal policy might be put in place.190 The considers the role of private prisoner providers Green Party has, in 2021, started calling more and other businesses that work with deportees.195 directly for a change in Australia’s policy.191 Powell notes the role of a range of private security companies and airlines in facilitating The Human Rights Commissions in Australia the detention and removal of New Zealanders in and New Zealand are active in this space. The Australia. Serco employees’ prolonged physical Australian Commissioner, Edward Santow, voiced abuse of detainees in offshore detention of concern about the “very strict” current rules being asylum seekers in Nauru and Manus Island has extended further.192 The New Zealand Human been of particular note in recent inquiries.196 Rights Commission, working with Community Law, petitioned parliament to take the breach of Deportees (such as Adrian Maere) and their human rights to the United Nations.193 advocates are conducting hui to discuss the deportation rules with both New Zealand’s and NGOs, advocates and prisoners Australia’s Human Rights Commissions and 197 Across New Zealand, the organisation Prisoners immigration lawyers. Iwi n Aus, affiliated to Aid and Rehabilitation Society (PARS) supports Morunga Migration, has been advocating for deportees with criminal histories and domestic deportees, among other migration-related 198 prisoners. Between 2017 and 2018, PARS assisted work. Most of the assistance needs tend to 221 deportees, which was nearly double that of be in appealing deportation and imprisonment the previous year. PARS Chief Executive Tui Ah while these appeals take place, rather than direct Loo said many of the deportees have no family or calls for assistance with settling into lives in New support networks and need help with basic tasks, Zealand post-deportation. Most recently, Filipa and that there is a greater risk of reoffending.194 Payne, from Iwi n Aus and the affiliated Route 501 As PARS is funded in part by Corrections, Facebook page, has told the media she will launch there remains a lack of independent advocacy a class action lawsuit against the Australian 199 on this issue. government over their treatment of 501s. Monash University research initiative Border Crossing Observatory, led by Rebecca Powell, made submissions against this Bill and is currently conducting a research project

189 Keyzer, P. & Martin, D. (2019). No, Peter Dutton. Most deported Kiwis aren’t paedophiles and you’re hurting our relationship with NZ. The Conversation. 24 July. https://theconversation.com/no- peter-dutton-most-deported-kiwis-arent-paedophiles-and-youre- hurting-our-relationship-with-nz-120655 190 One News (2020b). ‘Deport Kiwis but keep Australians’ Jacinda Ardern’s fierce message about Australia’s deportation policy. TVNZ. https://www.tvnz.co.nz/one-news/new-zealand/deport-kiwis- but-keep-australians-jacinda-arderns-fierce-message-australia-s- deportation-policy 191 Ghahraman, G. (2021). Ally or no, New Zealand must stand up to 195 Powell, R. (2020). Submission to the Working Group on Private callous Australia over 501 deportees. The Guardian. 17 March. Military and Security Companies in Immigration Enforcement. https://www.theguardian.com/world/commentisfree/2021/ Border Crossing Observatory. 11 July. https://www.ohchr.org/ mar/17/ally-or-no-new-zealand-must-stand-up-to-callous- Documents/Issues/Mercenaries/WG/ImmigrationAndBorder/ australia-over-501-deportees powell-submission.pdf 192 One News (2020). Humans Rights Commissioner concerned as 196 Ibid. Australia looks to expand New Zealand deportation policy even 197 Biddle, D. (2020). ‘A hell worse than prison’: Deportee describes further. TVNZ. https://www.tvnz.co.nz/one-news/new-zealand/ Australian detention centre. Stuff.https://www.stuff.co.nz/ humans-rights-commissioner-concerned-australia-looks-expand- national/119785003/a-hell-worse-than-prison-deportee-describes- new-zealand-deportation-policy-even-further australian-detention-centre 193 Human Rights Commission (2020). Parliament Petitioned to Take 198 Doran, M. (2020). New Zealand criminals to be deported after Australian Human Rights Abuses to UN. 27 February. https://www. months in coronavirus lockdown. ABC News. https://www.abc.net. hrc.co.nz/news/parliament-petitioned-take-australian-human- au/news/2020-07-14/new-zealand-criminals-to-be-deported-after- rights-abuses-un months-in-coronavirus/12451688 194 Varnham O’Regan, S. (2018). Why New Zealand Is Furious About 199 Block, G. (2021). 501s fight back: ‘Let’s hold the Australian Australia’s Deportation Policy. The New York Times. https://www. Government accountable’. Stuff. 23 April. https://www.stuff. nytimes.com/2018/07/03/world/asia/new-zealand-australia- co.nz/national/crime/300284356/501s-fight-back-lets-hold-the- deportations.html australian-government-accountable

45 NEW ZEALAND RED CROSS

4.6 What are the needs and gaps?

For this topic, there is a significant knowledge gap in current, available information. Very little is known about the deportees that are currently being held in immigration centres after appealing the cancellation of their visas. While overrepresentation of Māori and Pasifika people has been acknowledged – accounting for 60 per cent of all deportees – further research is needed into particular cases, like that of the unpublished study by Keyzer and Martin.200 There are few recognised social support networks available to Australian deportees, a need that is further exacerbated by a lack of funds. Elizabeth Stanley, a professor in criminology at Victoria University, said rehabilitation and reintegration is exceptionally difficult for deportees and can be much harder than for the domestic prison population. New Zealand Police say more than 40 per cent of deportees reoffend and that “they lack every support that we know helps people move away from a life of crime.”201 While PARS is involved, further research would be required to identify if independent or additional support should be provided. There are challenges for NGOs involved in this space especially if they are interpreted as being connected to the government. That view may be likely as returnees For Fenika Lome and other Regional report feeling they have been subject to extra Seasonal Employer (RSE) workers in Te Puke, the wet weather and punishment by being imprisoned then placed in COVID-19 have had a major impact on 202 immigration detention and then required to their ability to work, so the support undertake the parole-equivalent of six months provided by New Zealand Red Cross supervision in New Zealand. has been warmly welcome.

200 For some preliminary research see: Keyzer, P. & Martin, D. (2019). No, Peter Dutton. Most deported Kiwis aren’t paedophiles and you’re hurting our relationship with NZ. The Conversation. 24 July. https://theconversation.com/no-peter-dutton-most-deported- kiwis-arent-paedophiles-and-youre-hurting-our-relationship-with- nz-120655 201 Ainge Roy, E. (2019). ‘I was petrified’: the New Zealanders deported from Australia despite decades working there. Stuff.https://www. theguardian.com/australia-news/2019/sep/08/i-was-petrified- the-new-zealanders-deported-from-australia-despite-decades- working-there 202 Keyzer, P. & Martin, D. (2019). No, Peter Dutton. Most deported Kiwis aren’t paedophiles and you’re hurting our relationship with NZ. The Conversation. 24 July. https://theconversation.com/no- peter-dutton-most-deported-kiwis-arent-paedophiles-and-youre- hurting-our-relationship-with-nz-120655

46 MIGRATION SCOPING REPORT 5. RECOGNISED SEASONAL EMPLOYER (RSE) SCHEME

© New Zeala the Pacific. Circular migration can be defined 5. as “repeated migration experiences involving Recognised more than one emigration and return”.204 When nd Red Cross made into policy, these programmes have often been hailed as a triple win due to claims that Seasonal Employer three key actors (the destination state, origin state and migrants) all benefit.205 For example, (RSE) scheme the destination state gains a temporary labour supply, the origin state increases their economic Over the past decade, the labour supply of and social capital without losing a migrant’s skills Pacific island workers from the RSE scheme permanently, and the migrant earns an income – has become a core asset to the rapid growth of the majority of which is sent back to the country the New Zealand horticulture and viticulture of origin as remittances – while continuing to industry. Significant attention has been paid have a home base.206 Recent analysis has sought to both how this scheme allows planned to expand the concept of the triple win to also growth of the industry and how it affects the include the community and ancillary services, myriad of participants. A discourse of the triple and to incorporate both wins and losses.207 win – the destination state, origin state, and migrants – has framed much of the debate about Internationally there are concerns that, while the success of the scheme. In recent years, such schemes reduce the social and political costs however, a combination of increased costs for of migration, they are essentially reproducing participants, a lack of acknowledgement of the temporary migration programmes that take skills of workers, increased demand for similar advantage of low-skilled migrants. Similar to workers in Australia and detrimental effects for previous guestworker schemes around the world, Pacific communities has led to a questioning of the basic goal appears to be to “bring in labour the shared benefits for all participants.203 but not people … a way of recruiting labour to meet employer demands, while restricting During the delivery of Visitor Care Manaaki worker rights and entitlements”.208 Schemes Manuhiri (VCMM), New Zealand Red Cross similar to New Zealand’s include Canada’s noted a small number of concerns regarding Seasonal Agricultural Workers Program which social isolation of RSE workers and potential involved 46,500 migrants in 2019;209 Spain’s workplace violations. These observances Integrated Management Programme for Seasonal involved a small number of instances but were Immigration for strawberry and citrus cultivation; relatively serious. The lack of involvement of a and Australia’s Seasonal Worker Programme non-governmental organisation in the scheme (SWP) for horticulture, agriculture, aquaculture, does raise concerns about options for RSE cotton, cane, accommodation and tourism labour workers to speak out and get support outside of from the Pacific, though this scheme has only the existing employer relationships. recently matched the prominence of RSE through a removal of the cap on employee numbers and 5.1

The international context 204 Castles, S. & Ozkul, D. (2014). Circular Migration: Triple win, or a new label for temporary migration? In Global and Asian The RSE Scheme is a circular migration scheme perspectives on international migration. 27–49. Springer, Cham. 205 Ibid. developed by the New Zealand government 206 Bedford, C. (2013). Picking winners? New Zealand’s recognised seasonal employer (RSE) policy and its impacts on employers, for the domestic horticulture and viticulture Pacific workers and their island-based communities. PhD industries. The major aims of the RSE scheme dissertation. 207 Underhill-Sem, Y., Marsters, E., Bedford, R., Naidu, W. & Friesen, W. are to fulfil labour requirements and add to (2018). Are There Only Winners? Labour Mobility for Sustainable Development in the Pacific. New Zealand Institute of Pacific the international development programme in Research. 208 Castles, S., & Ozkul, D. (2014). Circular Migration: Triple win, or a new label for temporary migration? In Global and Asian perspectives on international migration. Springer, Cham. 209 Sevunts, L. (2020). Ottawa wants to improve living conditions 203 Note: this section is derived from a larger overview of the RSE for temporary foreign workers. Radio Canada International. 29 scheme produced in September 2020 to help New Zealand Red October. https://www.rcinet.ca/en/2020/10/29/ottawa-wants-to- Cross with its VCMM response. improve-living-conditions-for-temporary-foreign-workers

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rapid expansion.210 Issues have emerged in each Pacific countries that have a free-association scheme, most commonly founded on the lack of relationship with New Zealand.217 workers’ rights.211 The United Nations has hailed the RSE as a model of best practice for low-skilled managed 5.2 circular migration,212 and there has also been praise from the World Bank and International New Zealand context 213 Labour Organisation. Researchers have also The initial goal of the RSE scheme was to support noted the potential of the RSE to lead to success the horticulture and viticulture industries through around the Sustainable Development Goals of the creation of a sustainable labour supply. As gender equality and labour rights in a safe work noted in the RSE Impact Study, the primary focus 214 environment. of the scheme was on New Zealand employers, A recently published wide-ranging RSE Impact industry and government, along with Pacific Study suggests that significant changes need to governments.218 This goal was to be achieved be implemented for ongoing benefits to also flow through improving the productivity of businesses, to Pacific nations.215 The study suggests policy creating a steady circular flow of migrants makers pay more attention to worker well-being that did not lead to permanent residency, and and financial returns, and ensure more equal contributing to New Zealand’s regional interests distribution of RSE benefits across and within such as Pacific development, integration Pacific countries, across gender and across the and stability. employer/employee relationship. The study also The measured impact of the scheme on these notes the potential risk to Pacific communities, goals, according to the most recent RSE Employer especially in cases where workers participate survey, included more productive workers, a more in both New Zealand’s RSE scheme and one of stable seasonal workforce, an opportunity to Australia’s temporary migration programmes for expand business, the ability to employ more New the rest of the year. Zealanders, and reduced training, recruitment There are concerns about the function of circular and pastoral care. The scheme is also increasing migration schemes. As Collins and Bayliss note, the per capita income, expenditure, savings and nationalism is inherent in the way that temporary subjective well-being of workers with a recent migration programmes, like the RSE scheme, remittances study showing each RSE worker’s operate.216 The RSE scheme is particularly income flows through to support, on average, challenging as there are also the complicated nine people.219 However, one study has also noted dynamics of trying to avoid depopulation of that the reliance on low-waged work has slowed Pacific islands as has been experienced in those down the adoption of new technologies in the sector and led to a dependency on RSE workers. This reliance is considered to have a wage- suppressing influence for those other workers 210 Lawton, H (2019). ‘Australia’s seasonal worker program now bigger in the same job, and for the region in general.220 than NZ’s. DevPolicy. 25 July. https://devpolicy.org/australias- seasonal-worker-program-now-bigger-than-nzs-20190725 A 2021 report from the New Zealand Institute of 211 Castles, S. & Ozkul, D (2014). Circular Migration: Triple win, Economic Research backed those claims, but also or a new label for temporary migration? In Global and Asian perspectives on international migration. Springer, Cham. 212 Bedford, C. (2013). Picking winners? New Zealand’s recognised seasonal employer (RSE) policy and its impacts on employers, Pacific workers and their island-based communities. PhD dissertation. 217 For a case study on the Cook Islands see: Marsters, E. (2016). 213 Nicholson, T. (2017). RSE a decade of success. New Zealand New Zealand, the Cook Islands, and Free Association. Pacific Winegrower. 11 September. https://ruralnewsgroup.co.nz/wine- Geographies. 46. July/August. 21–5. grower/wg-general-news/rse-a-decade-of-success 218 Nunns, H., Bedford, C. & Bedford, R. (2020). RSE Impact Report: 214 Underhill-Sem, Y., Marsters, E., Bedford, R., Naidu, W. & Friesen, W. Synthesis report. Immigration New Zealand, 22 May. https://www. (2018). Are There Only Winners? Labour Mobility for Sustainable immigration.govt.nz/documents/statistics/rse-impact-study- Development in the Pacific. New Zealand Institute of Pacific synthesis-report.pdf Research. 219 Ministry of Business, Innovation and Employment (2019a). RSE 215 Nunns, H., Bedford, C. & Bedford, R. (2020). RSE Impact Report: Employers Survey 2019. June. https://www.immigration.govt.nz/ Synthesis report. Immigration New Zealand, 22 May. https://www. documents/statistics/rse-2019-survey-report.pdf immigration.govt.nz/documents/statistics/rse-impact-study- 220 Yuan, S., Cain, T. & Spoonley, P. (2014). Temporary Migrants as synthesis-report.pdf Vulnerable Workers: A literature review. Ministry of Business, 216 Collins, F. & Bayliss, T. (2020). The good migrant: Everyday Innovation and Employment report. https://www.massey. nationalism and temporary migration management on New ac.nz/massey/fms/Research/ntom/Yuan%20Cain%20and%20 Zealand dairy farms. Political Geography, 80, 1–11. Spoonley%202014.pdf

48 MIGRATION SCOPING REPORT 5. RECOGNISED SEASONAL EMPLOYER (RSE) SCHEME

noted the difficulty in concluding on the labour viticulture industries.224 While these expansions market in these sectors that also include working are primarily based on private economic holidaymakers and international students.221 opportunities, the RSE Impact Study also notes that expanding this area of production allows the The change in government in 2017 saw a new New Zealand economy to diversify away from Minister of Immigration and new goals come to agriculture as a high greenhouse gas producing the fore. The new government agreed to continue use of land.225 the growth of the scheme,222 but supplemented its original goals with five further objectives: During COVID-19, RSE workers were classified as essential employees, allowing them to continue 1. in the context of strong economic conditions, to work while maintaining social distancing.226 At support industry growth by alleviating the time of the nationwide lockdown on 20 March labour shortage 2020, 10,989 RSE workers were in the country. By 2. acknowledge that industry has made some October that year, more news stories were coming progress on challenges, while incentivising through on potential shortages, including a focus the industry to keep working (such as to build on New Zealanders being unwilling and less able more purpose-built accommodation and to do to do the work. For example, one prominent more to employ New Zealanders) story noted that one employer “would have to 3. respond to calls for more certainty and employ three times as many Kiwis to match the 227 transparency in the cap process productivity of his 40 Ni-Vanuatu workers”. In November 2020, the government announced 4. manage the risks of exacerbating local 2,000 Pacific workers would be able to enter the housing pressures country though they would need to be earning a 5. increase opportunities for Pacific workers and living wage and the RSE employers would have to 228 nations to benefit. cover managed isolation costs. While there are no tangible proposals currently on While many RSE workers wanted to return home, the table, there has been some discussion about for some that was not possible due to border expanding the RSE scheme from the horticulture closures or lack of flights. Immigration New and viticulture industries to other sectors that are Zealand adjusted policies to allow RSE workers experiencing labour shortages, including trials to change employers, and some were moved in the fisheries and construction industry and around New Zealand to work in other locations the potential of a similar trial in tourism. A report when work had finished in their original locations. presented by the then-Minister of Immigration There has been a large amount of media and at the 2019 conference on the RSE scheme in social media attention on the issue, including Vanuatu also noted age care and transportation as possible future sites for RSE expansion.223 Further, the aim of reducing labour shortages in key industries is not only being met, but the 224 Bedford, C. (2013). Picking winners? New Zealand’s recognised seasonal employer (RSE) policy and its impacts on employers, stability of RSE labour supply has become a Pacific workers and their island-based communities. PhD bedrock of the expansion of horticulture and dissertation. 225 Nunns, H., C Bedford and R Bedford (2019). RSE Impact Report: New Zealand stream report. Immigration New Zealand, 10 July. https://www.immigration.govt.nz/documents/statistics/rse- impact-study-new-zealand-stream-report.pdf 226 Bedford, C. (2020). RSE COVID-19 responses, supporting seasonal workers in New Zealand. DevPolicy. 9 July. https://devpolicy.org/ rse-covid-19-responses-supporting-seasonal-workers-in-new- 221 Wilson, P. & Fry, J. (2021) Picking cherries: Evidence on the effects zealand-20200709-2 of temporary and seasonal migrants on the New Zealand economy. 227 Jamieson, D. & McKenzie-Mclean, J. (2020). Thousands of jobs NZIER report to the New Zealand Productivity Commission. go begging because unemployed Kiwis won’t take them. Stuff.17 https://nzier.org.nz/static/media/filer_public/0b/6a/0b6a2bbf- October. https://www.stuff.co.nz/business/industries/123055187/ 2b2b-4438-8acf-5fceea4ca7d5/release_version.pdf thousands-of-jobs-go-begging-because-unemployed-kiwis-wont- 222 Ministry of Business, Innovation and Employment (2018). Final take-them Cabinet Paper: Proposed immigration work programme to 228 Fryckberg, E. (2020). Govt to allow 2000 horticulture workers improve Pacific Migration policies. 15 May. https://www.mbie.govt. in from Pacific under strict conditions‘, Radio New Zealand. 27 nz/assets/897e7e39bc/final-cabinet-paper-proposed-immigration- November. https://www.rnz.co.nz/news/national/431549/govt- work-programme-to-improve-pacific-migration-policies.pdf to-allow-2000-horticulture-workers-in-from-pacific-under-strict- 223 Samoa Global News (2019). RSE Scheme Builds a Sustainable conditions; Bedford, C. (2021). Pacific seasonal workers return for Future Together. Samoa Global News, 25 July. https:// New Zealand’s summer harvest. DevPolicy. 28 January. https:// samoaglobalnews.com/rse-scheme-builds-a-sustainable-future- devpolicy.org/pacific-seasonal-workers-return-for-new-zealands- together summer-harvest-20210128-2/

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stories of shortages of workers,229 responses that employing New Zealanders.235 Once a business the government intends to continue to focus on is registered as an RSE they need to submit an using New Zealand based labour,230 challenges to Approval To Recruit (ATR) application so they the wages paid in the sector,231 questions around may begin hiring from overseas.236 The ATR sets the underlying relationship between Pacific minimum requirements of employers around labourers and New Zealand’s exploitation of both duties to employees – guaranteed hours of their work232 and Tonga’s choice not to prioritise work and pay rates, for example – as well as to participating in the scheme for the 2021 season.233 MBIE in the case of a breach of the agreement. Employees must be recruited from a list of eligible Pacific countries unless granted special 5.3 permission to hire from elsewhere. Those eligible states include Fiji, Kiribati, Nauru, Papua New Legal basis for RSE Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, RSE workers can only be recruited by approved and Vanuatu. Workers are granted visas for a RSE employers who have been accredited by maximum of seven months in any 11-month 237 Immigration New Zealand (INZ). The scheme is period. Special permission can be granted not the product of legislation, but departmental to hire from elsewhere based on pre-existing policy and this has meant that the Minister of relationships with employees from other Immigration is free to change the scheme without countries and these are decided on a case-by- passing legislation. One recent adjustment case basis. In recent years, this has seen a steady requiring legislative changes was a COVID-19 return stream of people from Thailand, Indonesia, related directive in July 2020, based on s 61A(2)(b) Malaysia, Taiwan, India and the Philippines, of the Immigration Act 2009, to extend the visas of though these numbers have not grown with RSE workers beyond their deadlines.234 It is likely the raised cap. that similar adjustments will continue to be made RSE workers make a visa application to if RSE workers are unable to return home or if Immigration New Zealand for a Recognised agreement is reached for them to stay for back-to- Seasonal Employer Limited Visa which must back seasons. be supported by their intended employer. This To be granted the status of a RSE, employers application includes providing the written must be able to prove they are in a sound employment agreement which states the 238 financial position, have robust human resource type of work and working conditions. Once and workplace practices, and be committed to employees are hired, their workplace is then required to provide a certain level of assistance which is known as pastoral care. This care

229 See, for example, Fuller, P. (2021). Lack of seasonal workers puts includes transport to and from New Zealand, squeeze on Wairarapa grape harvest. Stuff.23 February. https:// accommodation with suitable facilities, www.stuff.co.nz/dominion-post/news/124318862/lack-of- seasonal-workers-puts-squeeze-on-wairarapa-grape-harvest translation when necessary, access to medical 230 Patterson, J. (2021). Migration will not return to pre-Covid levels when NZ border reopens, Immigration Minister warns. insurance and personal banking, as well as Radio New Zealand. 26 February. https://www.rnz.co.nz/news/ political/437205/migration-will-not-return-to-pre-covid-levels- when-nz-border-reopens-immigration-minister-warns 231 O’Sullivan, P. (2020). Local Focus: Orchard wages rising thanks to worker shortage and new RSE rules may lift it further.Hawkes Bay Today. 2 December. https://www.nzherald.co.nz/hawkes- bay-today/news/local-focus-orchard-wages-rising-thanks- to-worker-shortage-and-new-rse-rules-may-lift-it-further/ 235 For the current application guide for employers wanting to join A6OBI6GIK57BZUHG4UT4I2FJMI/; Hall, C. (2021). Want to earn the RSE scheme see here: https://www.immigration.govt.nz/ at least $22 an hour? Kiwifruit packhouses up rates. Bay of documents/forms-and-guides/inz1145.pdf Plenty Times. 28 February. https://www.nzherald.co.nz/bay-of- 236 For the current application form and requirements for the ATR part plenty-times/news/want-to-earn-at-least-22-an-hour-kiwifruit- of the RSE scheme see here: https://www.immigration.govt.nz/ packhouses-up-rates/VZ74VGSCE23ZXC6M5ROMF2XCJM documents/forms-and-guides/inz1141.pdf 232 Tuiburelevu, L. & Wagner-Hiliau, H. (2020). Pick your own damn 237 Due to their distance from New Zealand and the cost of this fruit. e-Tangata. 1 November. https://e-tangata.co.nz/comment- transport, workers from Kiribati and Tuvalu can work for nine of and-analysis/pick-your-own-damn-fruit 11 months. See the RSE overview from Immigration New Zealand: 233 Hopgood, S. (2021). Tonga passes on latest RSE intake in NZ. Radio https://www.immigration.govt.nz/about-us/research-and- New Zealand. 2 February. https://www.rnz.co.nz/international/ statistics/research-reports/recognised-seasonal-employer-rse- pacific-news/435676/tonga-passes-on-latest-rse-intake-in-nz scheme 234 For the full text of the agreement, and the subsequent agreement 238 For more information on the process for RSE Employer selection to be signed by employers see: https://www.immigration.govt.nz/ processes see https://www.immigration.govt.nz/employ-migrants/ documents/special-directions/special-direction-2013-grant-of- hire-a-candidate/employer-criteria/recognised-seasonal- limited-visa-to-stranded-rse-workers.pdf employer/apply-rse-status

50 MIGRATION SCOPING REPORT 5. RECOGNISED SEASONAL EMPLOYER (RSE) SCHEME

recreation and religious opportunities.239 Much Kiribati and Tuvalu.243 These aims have been of this assistance comes directly out of the bolstered by the involvement of New Zealand employee’s pay, and – in combination with taxes Red Cross in VCMM support with RSE workers of 10.5 per cent240– led to between 30 and 40 per across the country and bolster the IFRC’s aim to cent of gross income remaining with employers support the aspirations of migrants while also and the New Zealand government.241 contributing to social inclusion.244 After the 2017 election of a Labour-led coalition During the delivery of VCMM support, 267 government, more emphasis was placed applications were received from RSE employers on employers to proactively work with the representing 5,466 people. A specialised team Ministry of Social Development (MSD) to ensure was set up to work with RSE employers and opportunities for employment were extended to employees. Over $3.89 million of food, healthcare New Zealand citizens and residents. Additional and clothing assistance was delivered. One requirements were made that the expansion challenge in distributing this assistance was the of the scheme did not adversely impact local requirement to go through employers. VCMM housing stock. There are now examples of large teams also undertook site visits to ensure RSE employers providing purpose-built forms of workers had access to New Zealand Red Cross accommodation for RSE workers.242 and to identify if they had any other needs or if assistance was required. New Zealand Red Cross’s engagement with the 5.4 RSE scheme through VCMM built awareness of the potential risks of the scheme when problems arise The International Red and workers have limited access or awareness of Cross and Red Crescent independent advice and guidance separate to the Movement policy and employer relationship. There have been a small number of discussions role in relation to RSE with other National Societies in the Pacific regarding concerns about protection of RSE A focus on migrant workers from the Pacific workers and the need to be aware of impact risks closely aligns with ICRC Strategy 2030 with the as well as the opportunities the scheme provides drivers influencing Red Cross service – climate for Pacific communities. There was feedback from change, migration and growing inequalities – all some Pacific National Societies who were aware intersecting in the RSE sphere. Specifically, the of the support New Zealand Red Cross gave RSE International Federation of the Red Cross and Red workers via VCMM. Crescent (IFRC) notes the importance of seasonal labour opportunities where other climate- related migrant schemes do not exist, citing New Zealand’s labour migration agreements with

239 For more information of RSE employers rights and the obligations of employers, see Immigration New Zealand: https://www. immigration.govt.nz/opsmanual/#34412.htm 240 Inland Revenue Department (2010). Non-resident seasonal workers’ tax rate.’ RIS Pack Supplementary Order Paper No. 187 Taxation (GST and Remedial Matters) Bill, 29 October. https:// taxpolicy.ird.govt.nz/publications/2010-ris-sop-187-gstrm- bill/non-resident-seasonal-workers-tax-rate#:~:text=The%20 RSE%20scheme%20allows%20for,a%20flat%20rate%20of%20 15%25.&text=Given%20the%20time%20constraints%2C%20 243 International Federation of the Red Cross and Red Crescent the,viticulture%20industries%20were%20not%20consulted (2018). Disasters and Displacement in a Changing Climate: The 241 Bedford, C., Bedford, R. & Nunns, H. (2020). RSE Impact Report: Role of Asia Pacific National Societies. https://media.ifrc.org/ifrc/ Pacific stream report. Immigration New Zealand, 12 May. https:// wp-content/uploads/sites/5/2018/12/2018-IFRC-Climate-Change- www.immigration.govt.nz/documents/statistics/rse-impact-study- Disasters-Displacement-Report-LR.pdf pacific-stream-report.pdf 244 International Federation of the Red Cross and Red Crescent (2018). 242 Eder, J. (2020). Opportunity knocks as seasonal workers vacate Addressing the humanitarian consequences of labour migration Blenheim properties. Stuff.21 August. https://www.stuff.co.nz/ and trafficking: The role of Asia Pacific National Societies. 19 June. life-style/homed/real-estate/122411010/opportunity-knocks-as- https://reliefweb.int/report/world/addressing-humanitarian- seasonal-workers-vacate-blenheim-properties consequences-labour-migration-and-trafficking-role-asia-pacific

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costs and the responsibility for the hiring period 5.5 across crops and regions. The first way to group Environmental scan: together is through a joint Approval to Recruit (ATR) which allows employers to submit a joint who is doing what application to Immigration New Zealand. As with in relation to RSE the RSE applications, there are requirements for employers to meet around accommodation, In their recent systematic review of the RSE pastoral care and transport. The second way to scheme, Nunns, Bedford and Bedford describe group together is through a grower cooperative the importance of understanding the complex or member cooperative like Seasonal Solutions system that makes up the RSE scheme. They or Pick Hawke’s Bay. These cooperatives are an note the cultural, economic and situational umbrella for employers that take on responsibility differences between different Pacific island for workers and then contract them out to employees and the range of locations and work employer-members in their region. The main they may be employed in around New Zealand. benefit of these shared approaches is that The vast number of connections and contexts that cooperatives allow smaller employers to access inform the scheme led them to a methodology workers for the periods they need, while splitting that described the RSE as a complex adaptive hiring and flight costs among hiring organisations. system. That observation meant that they were reluctant to describe any causal connections Pacific island countries between policy and outcomes, preferring to As noted in section one, most RSE workers indicate relationships between organisations, come from eight Pacific islands countries, with 245 governments and other actors. Vanuatu, Samoa and Tonga having the strongest representation. Each of these countries has a Industry and Employers degree of control over how recruiting of RSE Horticulture and viticulture industry exports were workers takes place. Most recently, Vanuatu has worth $5.5b to the New Zealand economy in 2017, attempted to reformulate how they select people more than double the $2.7b net receipts in 2007. for the programme, with some concern over the Industry expansion of the sector has been driven way the selection process can be politicised.248 by a consolidation in ownership with many small The government has banned licensed recruiters holdings being bought out and foreign investment and moved the process in-house to try to bring leading to significant expansion in planting.246 recruitment fees in-house and to improve the These industry groups are represented by bodies outcomes for citizens on more remote islands.249 such as the New Zealand Kiwifruit Growers, Summerfruit New Zealand and New Zealand Government Apples and Pears. Industry expansion has had The Labour Inspectorate and INZ (both within important flow on effects for the other businesses MBIE) are the main governmental authorities – examples include irrigation, construction, presiding over the scheme in New Zealand, transport and agricultural services – that service though their counterparts in the Pacific also set this industry. Annual surveys by MBIE give law, negotiate employment relations, lobby for an insight into the views of employers on the greater access and prepare workers for departure. RSE scheme.247 Employers regularly praise the scheme for helping boost productivity and meeting labour 248 Wade, J. (2020). Abolishing recruitment agents in Vanuatu: shortages, as seen in the annual Immigration New really? DevPolicy. 30 October. https://devpolicy.org/abolishing- recruitment-agents-in-vanuatu-really-20201030-2; Curtain, Zealand survey of RSE employers. Employers R. (2020) Reforms to improve Vanuatu’s seasonal labour can also band together in groups to share the recruitment system. DevPolicy. 20 November. https://devpolicy. org/reforms-to-improve-vanuatus-seasonal-labour-recruitment- system-20201120-2 249 Curtain, R., & Howes, S. (2020). Throwing it all away? Vanuatu’s abolition of licensed SWP and RSE agents. DevPolicy. 27 October. 245 Ibid. https://devpolicy.org/throwing-it-all-away-vanuatus-abolition-of- 246 Ibid. licensed-swp-and-rse-agents-20201028; McGarry, D. (2020). How 247 Ministry of Business, Innovation and Employment (2019). 2019 RSE many more workers can Vanuatu get on the next plane? DevPolicy. Survey. https://www.immigration.govt.nz/documents/statistics/ 29 October. https://devpolicy.org/how-many-more-workers-can- rse-2019-survey-report.pdf vanuatu-get-on-the-next-plane-20201028-1

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MBIE is responsible for ensuring employers are who have worked with ni-Vanuatu workers on fulfilling their obligations to workers and are projects as diverse as oral health education and involved in any disputes. As discussed earlier, fundraising around Cyclone Pam. MFAT sees the RSE scheme as contributing towards development goals in the Pacific, as most recently established in the Pacific Reset 5.6 policy of 2018.250 One key role within government is a mediator-like relationship manager position What are the within MBIE. Their role is to help solve any problems between workers and employers needs and gaps? and this function appears to be well regarded Drawing from the documents, studies and reports 251 by employers. MBIE’s counterparts in the – especially the in-depth RSE Impact Study – the Pacific – for example, the Ministry of Commerce following unmet needs have been identified. and Industry and Labour in Samoa – oversee Of note is the lack of any established NGOs the scheme from the sending country end of operating in this space. While church connections the process. offer some of the social and emotional support for workers, ultimately RSE workers seem to NGOs, unions and community groups be defined by their employment relationship Outside of this basic ecosystem of organisations, and this often determines the kinds of support there are numerous governmental and non- they receive. governmental groups that can and do interact with RSE employees and employers such as the Pastoral care and support Inland Revenue Department, Citizens Advice New Zealand Red Cross engagement with RSE Bureau and churches. In addition, some unions employers and employees during the COVID-19 have attempted to organise workers or become affected 2020 season showed that there were involved in cases of mistreatment. However, it acute problems with pastoral support for RSE is thought that some workers may be fearful workers when faced with unforeseen challenges. of the repercussions of joining a union from While Tihei Mauri Ora! was set up in the Hawkes either their employers or home governments, Bay – a collaboration between local iwi and thus there is not a huge amount of involvement. the DHB – to provide mental health support Union groups with an interest in the RSE Scheme during this period, there is a need for this kind include the New Zealand Council of Trade Unions of culturally competent support to be extended and the Central Amalgamated Workers Union. to non-COVID-19 times and to larger population Smaller groups, but with a wider migrant-focused areas. This support is particularly effective when mandate, like the Migrant Workers Association, Pacific health workers can respond to the specific First Union/Unemig’s network of migrant needs of people from the same linguistic and workers and the Migrant Workers Network, are cultural communities. also engaged more broadly in working against the exploitation of migrant workers. Increased There was also concern from VCMM staff that work appears to be underway from First Union’s COVID-19 disruptions would increase pastoral Pasefika FONO to engage with RSE workers, care needs for New Zealand workers (including alongside all workers from Pacific islands. making greater provisions for their movements Finally, some NGOs also work with RSE workers and accommodation, especially across ATR to improve development outcomes in the applicants with multiple employers) and that this Pacific, notably Te Puke-based Fruit of the Pacific might lead to a lack of resources to assist with RSE workers who remain in the country. Others from New Zealand Red Cross noted that some RSE

250 Harvey, J. (2018). The Pacific Reset: The First Year. https://www. communities had strong leaders who were able to mfat.govt.nz/assets/OIA/R-R-The-Pacific-reset-The-First-Year.PDF ensure that issues were addressed; the challenge 251 Curtain, R. (2019). Go-betweens needed to troubleshoot Pacific labour mobility schemes. DevPolicy. 6 February. https://devpolicy. was in areas where this leadership was absent org/go-betweens-needed-troubleshoot-pacific-labour-mobility- schemes-20190206; Curtain, R. (2021). Solving problems quickly to and problems would tend to linger and become safeguard the welfare of seasonal workers. DevPolicy. 29 January. exacerbated rather than solved. https://devpolicy.org/solving-problems-quickly-to-safeguard-the- welfare-of-seasonal-workers-20210129-1

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Independent non-governmental any review and ranking system. The creation oversight and advocacy or funding of an independent “watch-tank” – a watchdog combined with a think tank – was One recurring issue concerns whether the recently suggested as a solution to the RSE government is failing to protect workers under the problems by a University of Waikato academic.255 scheme. While there are relationship managers employed by MBIE, the challenges highlighted Groups that might be able to help employees in the past year – including in the RSE Impact raise issues about their employment are Study – indicate the potential for involvement of also restricted in that process by conflicting non-governmental oversight. While in opposition, motivations about future participation in the Iain Lees-Galloway stated he believed the failures scheme. Additionally, researchers report that derived from “a lack of oversight by the labour most workers come from cultures that are highly inspectorate”. When the coalition government deferential to those in positions of authority. took power, Labour promised to double the This deferral makes complaints rare and those amount of labour inspectors and introduced complaints that are made tend to be minimised the Employment Relations Amendment Bill to at every level of reporting: the team leader, “support good employment practices among Pacific island governments and the RSE worker RSE contractors” which includes the ability all know that if there is a perception that they are to unionise.252 troublemakers then employers can recruit other people, from other communities. There is also a sense from the RSE Impact Study that the design of the scheme as an employer-led Stronger engagement with programme has led to deferral to those employers local communities and industry bodies from MBIE and central government. In making their recommendations While some workers return over many years, there for changes to the system, the authors of the is still a sense within many communities that study repeatedly noted where recommendations they are hosting transient workers who have little to MBIE and the Ministry of Foreign Affairs place in local communities. With the constantly and Trade (MFAT) would not be popular with expanding cap on numbers of participants, it is “certain stakeholder groups” – these groups important to rethink the opportunities to engage were inevitably New Zealand employers and larger numbers of people and establish enduring industry bodies.253 connections. As the RSE Impact Study notes, local communities rarely distinguish between RSE There has also been discussion, linked to the RSE workers and other temporary members of their Impact Study, that industry leaders may wish to communities on other visas. create a gold-silver-bronze ranking system for RSEs and that this system would be influential Of all the organisations that RSE workers connect over increased allocations of workers under to, churches and marae are the most important. expanding employee numbers. The study notes These connections have led to peer-to-peer that those rankings would be determined on a support in natural disaster response, for example wide range of factors including pay, deductions, fundraising for specific communities in Vanuatu training and planting projections.254 However, the after it was devastated by a cyclone.256 On top challenge of any such scheme would be industry of these charity efforts, the dispersal of RSE capture where the benefits to the government are workers across a range of Pacific nations means seen as synonymous with benefits to industry. that the bottom-up benefit of remittances can One way to avoid that problem is through immediately help in a way that other funding non-governmental, non-industry oversight of rarely can. As Bailey and Ng Shiu note in their study of seasonal work as a response to natural

252 Sachdeva, S. (2017). RSE scheme set to expand despite oversight concerns. Newsroom. https://www.newsroom. co.nz/2017/07/05/37520/rse-scheme-set-to-expand-despite- 255 Fonseka, D. (2020). The ‘but’ in ‘least corrupt’. Newsroom. 7 oversight-concerns September. https://www.newsroom.co.nz/nz-must-guard- 253 Nunns, H., Bedford, C. & Bedford, R. (2020). RSE Impact Report: transparent-reputation Synthesis report. Immigration New Zealand, 22 May. 256 Nunns, H., Bedford, C. & Bedford, R. (2020). RSE Impact Report: https://www.immigration.govt.nz/documents/statistics/rse- Synthesis report. Immigration New Zealand, 22 May. https://www. impact-study-synthesis-report.pdf immigration.govt.nz/documents/statistics/rse-impact-study- 254 Ibid. synthesis-report.pdf

54 MIGRATION SCOPING REPORT 5. RECOGNISED SEASONAL EMPLOYER (RSE) SCHEME

disasters, workers are often encouraged to stay in is being constructed, there are still challenges their countries of employment and to send money involved in the cost and quality of dorm room- home, rather than to return themselves.257 style accommodation. Given the acute nature of the housing crisis and the increases in numbers A $240,000 grant for community integration in of RSE workers, even with attention from the Roxburgh has led to it being the standout example government and large RSEs, accommodation of local communities embracing temporary is likely to remain an issue. RSE workers may workers as essential parts of their communities. receive more of the blame than is due for the In contrast, a myriad of complaints about RSE housing shortages according to Bedford, Bedford workers can be found in Hastings, though most and Nunns, who note that the visibility of RSE of these are around perceived favouritism of workers compared to New Zealanders and employers to RSE workers over locals.258 backpackers doing the same work may be the One other case offers interesting insights for source of assumptions about the use of housing. possible future work in the expanding iwi They note the following percentages of RSE business sphere: Morrison studied the interface workers fulfilling seasonal labour requirements: between Tongan RSE workers and the only Māori Bay of Plenty (17 per cent); Central Otago (15 per RSE, Kono in Motueka. This interface appears cent) – meaning that a large majority of workers promising due to the higher cultural similarities in the sector are from outside of the scheme.261 between Māori and Pacific worldviews, such as The cost of housing is one of the ways that framing the migration movements in terms of workers are paying more than might be deemed kāinga in two ways: the work as the production reasonable and, if Sector Agreements regulating and provision of food, and the labour as the the industry go ahead,262 the government is likely provision of food in the workers’ countries of to insist on benefits to RSE groups that can show origin.259 The possibilities of other non-Pākehā an investment in housing for employees that is of bases for pastoral care and connection was also a high quality at a reasonable price. suggested by New Zealand Red Cross VCMM case workers in the Hawke’s Bay, who suggest the fonofale model of health that would also incorporate more modes of well-being.

Accommodation As with the rest of New Zealand, the rising cost and below average quality of housing is causing significant problems for the RSE scheme. Established rules around the need for better accommodation and for that accommodation not to contribute to the housing shortages in other parts of New Zealand has led to changes around the quality and type of accommodation offered.260 While some purpose-built housing

257 Bailey, R. & Ng Shiu, R. (2016).’New Responses to Natural Disasters through Seasonal Labour Mobility Programs’, State, Society and Government in Melanesia: In Brief, 12. http://bellschool.anu.edu. au/sites/default/files/publications/attachments/2016-05/ib-2016- 12-baileyngshiu.pdf 258 See several stories from Dileepa Fonseka on difficulties in Hastings, including: Fonseka, D. (2020). The ‘but’ in ‘least corrupt’. 261 Bedford, C., Bedford, R. & Nunns, N. (2020). RSE Impact Report: Newsroom. 7 September. https://www.newsroom.co.nz/nz-must- Pacific stream report. Immigration New Zealand, 12 May. https:// guard-transparent-reputation; Fonseka, D. (2020). Boss allegedly www.immigration.govt.nz/documents/statistics/rse-impact-study- assaulted seasonal worker. Newsroom. 16 July. https://www. pacific-stream-report.pdf newsroom.co.nz/alleged-assault-of-hawkes-bay-seasonal-worker 262 Sector Agreements are industry wide agreements that provide 259 Morrison, S. (2018). Ako ki he nofo ‘a Kāinga: A Case Study of an agreement between government and industry to ensure Pastoral Care Between Wakatū/Kono and Recognised Seasonal New Zealand citizens are given the best possible chance to be Employment Workers. A Handbook of Indigenous Education. employed in the specific sector. Some more details can be found 260 Bailey, R. (2018). Suitable accommodation for seasonal worker here: https://www.immigration.govt.nz/about-us/what-we-do/ programs. DevPolicy. 13 December. https://devpolicy.org/suitable- our-strategies-and-projects/changes-to-temporary-work-visas/ accommodation-for-seasonal-worker-programs employing-migrant-workers-under-sector-agreement

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6. International and non- resident students

Recent years have seen over 100,000 international students studying in New Zealand per year, with 80 per cent of these in the tertiary sector. As these students are away from their families, despite the university’s focuses on pastoral support, they can lack the social support of domestic students. This lack was most recently evidenced by the high number of students accessing Visitor Care Manaaki Manuhiri (VCMM) support during 2020. Specifically, international tertiary students can be vulnerable to a range of separate issues including labour violations, visa fraud and social isolation. While this section primarily focuses on international students as non-residents who pay international fees to study in New Zealand, it also considers other issues facing non-resident students. For example, there are challenges for Wladimir Muñoz and Franco Busillos non-resident primary and secondary students Rojas, both from Argentina, got stuck in Aotearoa as New Zealand whose parents do not have valid visas. While entered COVID-19 Aert Level 4 technically able, these young people often lockdown. They were supported by do not enrol in schools due to their parents’ New Zealand Red Cross' Visitor Care reluctance to share details of their residence. Manaaki Manuhiri programme.

6.1 The international context

Exploitation and isolation of international students. Researchers have noted that more students is a common occurrence in many attention needs to be placed on the diversity countries. Previous studies cite their vulnerability of international students264 and that COVID-19 to exploitation, but also note a lack of adequate has led to drastic reductions in the number of access to psycho-social support.263 International international students worldwide, with particular students are more likely to suffer psychological challenges for those that remain – in terms of and social distress than domestic students, social isolation and economic pressures.265 including psychological and health problems, though these problems tend to be magnified versions of the challenges faced by domestic 264 Anderson, V. (2014). ‘World-travelling’: a framework for re-thinking teaching and learning in internationalised higher education. Higher Education, 68(5), 637–652; Ramsey, S., Jones, E., & Barker, M. (2007). Relationship between adjustment and support types: Young and mature-aged local and international first year university 263 Sherry, M., Thomas, P., & Chui, W. H. (2010). International students: students. Higher Education, 54(2), 247–265. A vulnerable student population. Higher education; Sawir, 265 Mackie, C. (2020). The Pandemic Drives Unprecedented Decline E., Marginson, S., Deumert, A., Nyland, C. & Ramia, G. (2008). in International Students. World Education News and Reviews. 24 Loneliness and international students: An Australian study. Journal November. https://wenr.wes.org/2020/11/the-pandemic-drives- of studies in international education, 12(2), 148–180. unprecedented-decline-in-international-students

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© New Zeala has provisions for these students to be enrolled 6.2 as domestic students, but part of that process New Zealand context requires students to engage with schools and provide a home address.271 Given that the parents nd Red Cross While numbers of international students of these students are fearful of coming into have risen to nearly 20 per cent of the entire contact with the government, they are often student population in New Zealand, the central reluctant to engage with schools, which leads to government is playing a larger role in the students missing out on education. marketing and regulation of the export education When students come to study in New Zealand, industry.266 The most recent figures show more education providers have a responsibility to than 104,010 international students from 177 ensure that those students are well informed, different countries were studying in New Zealand safe and properly cared for. Despite attempts in 2019, which contributed an estimated NZ$1.2b to standardise pastoral support, fewer than 40 to the economy.267 This figure has remained per cent of the students believe that support roughly the same since a peak of international is available from staff at their institutions for students in 2003/04. The five years from 1998 to dealing with living arrangements, language 2003 saw a five-fold increase in student numbers and communication problems.272 Evidence also from around 25,000 to 125,000.268 According suggests that assistance with emotional issues to the Ministry of Education, international (loneliness, depression) is difficult to access.273 To students created approximately 33,000 jobs support improved pastoral care, the New Zealand in 2017, making international education New government has developed the Education Zealand’s fourth largest export industry.269 Less (Pastoral Care of International Students) Code of than one-fifth of these international students Practice 2016. The Code was amended in 2019 to were in primary or secondary education. Of encourage proactive care.274 The Code will soon the tertiary education providers, 55,000 were undergo another review and may be merged through government subsidised education with the domestic interim Code under the new providers, while 34,000 were through wholly iteration of the Education Act. private providers.270 Examples of a lack of pastoral care were There are also challenges in relation to non- highlighted in early 2020 when the University resident students who come from culturally and of Auckland terminated the enrolment of an linguistically diverse backgrounds. In particular, international student after she attempted the unwillingness of some parents without a suicide following a sexual assault, and she was valid visa to enrol their children in primary and threatened with deportation.275 According to the secondary schools is a significant humanitarian university, she did not make her change of mental challenge. The New Zealand Ministry of Education state clear to authorities.276 The university was widely criticised and legal action has been filed

266 New Zealand International Students Association (2019). Rising international student numbers in New Zealand. Scoop. https:// www.scoop.co.nz/stories/ED1908/S00055/rising-international- student-numbers-in-new-zealand.htm 267 Education Counts (2020). Number of international fee-paying students 2003–2019 July. https://www.educationcounts.govt.nz/ statistics/international-students-in-new-zealand; Professionals in International Education (2020). New Zealand universities 271 Ministry of Education (2020). Enrolling students (as domestic report continued uptick in int’l enrolments. https://thepienews. students) who are living unlawfully in New Zealand. https://www. com/news/new-zealand-unis-report-uptick-in-intl-enrolments- education.govt.nz/school/managing-and-supporting-students/ students-add-nz1-2bn-to-economy enrolling-students/enrolling-students-as-domestic-students-who- 268 Stringer, C., & Michailova, S. (2019). Understanding the Exploitation are-living-unlawfully-in-new-zealand of Temporary Migrant Workers: A Comparison of Australia, 272 Ward, C., & Masgoret, A. M. (2004). The experiences of international Canada, New Zealand and the United Kingdom. Report prepared students in New Zealand. Report on the Results of a National for Ministry of Business, Innovation and Employment. https:// Survey. Wellington: Ministry of Education. www.mbie.govt.nz/dmsdocument/7110-understanding-the- 273 Ibid. exploitation-of-temporary-migrant-workers-a-comparison-of- 274 New Zealand Qualifications Authority (2016). Education (Pastoral australia-canada-new-zealand-and-the-united-kingdom Care Of International Students). Code Of Practice. https://www. 269 Ministry of Education (2018). International student enrolments nzqa.govt.nz/assets/Providers-and-partners/Code-of-Practice/ are down but value holds. https://www.enz.govt.nz/news-and- Code-of-Practice-Amendments-2019.pdf research/media-releases/international-student-enrolments-are- 275 Hutt, K. (2020). Auckland University terminates enrolment after down-but-value-holds alleged rape victim attempts suicide. Stuff.https://www.stuff. 270 Education Counts (2020). Number of international fee-paying co.nz/national/118695850/auckland-university-terminates- students 2003–2019 July. https://www.educationcounts.govt.nz/ enrolment-after-alleged-rape-victim-attempts-suicide statistics/international-students-in-new-zealand 276 Ibid.

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against this decision.277 In the following discussion University of Otago, which has a cap of 15 per cent on New Zealand Red Cross’s work in the sector, we of their enrolments on international students.283 discuss the experience of international students with pastoral care under COVID-19. The problem of exploitation was highlighted 6.3 by Stringer and Michailova, and Collins and Stringer in their overview of temporary Legal basis for labour exploitation.278 In summing up, they international students noted the complicity of some private training establishments that “potentially helped facilitate in New Zealand the exploitation of international students in An international student is classified in the workplaces”.279 They also noted international Education and Training Act (2020) as a student education agents regularly lied about residency studying in New Zealand without a New Zealand pathways leading to students incurring large or Australian passport, a New Zealand residence amounts of debt.280 class visa, or as a New Zealand citizen from the COVID-19 border closures have led to a decrease Cook Islands, Tokelau or Niue.284 All international in international student numbers. An estimated students must apply for a student visa if they 40,000 remained in the country in early 2021, are studying in New Zealand for longer than with half of these visas to expire in March.281 three months.285 The government has put aside 1000 Managed In 2016, the Education (Pastoral Care of Isolation and Quarantine (MIQ) places for new International Students) Code of Practice came students and is considering whether school-run into force (with clarifications added in 2019). The MIQ systems might help increase the number code put in place a raft of measures to ensure of places available.282 So far, 700 job losses in that international students are treated fairly the sector have been attributed to COVID-19 by standardising the expectations of service restrictions, though none have been lost at the providers (though these do not cover academic quality). Being a signatory to this code is a prerequisite for enrolling international students and NZQA oversees the process and deals with any shortcomings.286 277 Fyfe, J. (2020). University of Auckland student launches legal action over enrolment termination after suicide attempt.Newshub. iStudent Complaints was created in 2016 as the https://www.newshub.co.nz/home/new-zealand/2020/02/ government funded mediation service to deal university-of-auckland-student-launches-legal-action-over- enrolment-termination-after-suicide-attempt.html; New Zealand with financial and contractual disputes between International Students Association (2020a). Milking international students until their mental health becomes a liability. https:// international students and their education nzisa.co.nz/2020/01/10/milking-international-students-until-their- providers, replacing the International Students mental-health-becomes-a-liability 278 Stringer, C. & Michailova, S. (2019). Understanding the Exploitation Appeal Authority. of Temporary Migrant Workers: A Comparison of Australia, Canada, New Zealand and the United Kingdom. Report prepared In 2018, the government tightened regulations for Ministry of Business, Innovation and Employment. https:// www.mbie.govt.nz/dmsdocument/7110-understanding-the- for international students enrolled in lower- exploitation-of-temporary-migrant-workers-a-comparison-of- level qualifications, making it more difficult for australia-canada-new-zealand-and-the-united-kingdom; Collins, F., & Stringer, C. (2019). Temporary Migrant Worker exploitation in New Zealand. Report for Ministry of Business, Innovation and Employment. https://www.mbie.govt.nz/dmsdocument/7109- temporary-migrant-worker-exploitation-in-new-zealand 279 Ibid. 283 Gerritsen, J. (2021). International student downturn costs 700 280 Ibid. university jobs. Radio New Zealand. 1 March. https://www.rnz. 281 Radio New Zealand (2021). Foreign students prepare to leave co.nz/news/national/437379/international-student-downturn- country as study visas expire. Radio New Zealand. 8 February. costs-700-university-jobs https://www.rnz.co.nz/news/national/435974/foreign-students- 284 Which merged the Education Act of 1964 and 1989, including prepare-to-leave-country-as-study-visas-expire; Menchin, J. updates as per Ministry of Education (2020). (2021). 10,000 international students “best case” for NZ HE 285 Immigration New Zealand (n.d.). OfferingA Place To International campuses this year. The PIE News. 28 January. https://thepienews. Students. https://www.immigration.govt.nz/assist-migrants- com/news/10000-intl-students-best-case-for-new-zealand-he-this- and-students/assist-students/understand-your-obligations/ year bringing-international-students-to-new-zealand/offering-a-place- 282 Hutt, K. (2021). Covid-19: Proposal for school-run MIQ for to-international-students international students ‘under consideration’. Stuff.9 February. 286 NZQA (2016). The Education (Pastoral Care of International https://www.stuff.co.nz/national/education/124168570/covid19- Students) Code of Practice 2016 (including Amendments 2019) proposal-for-schoolrun-miq-for-international-students-under- https://www.nzqa.govt.nz/providers-partners/education-code-of- consideration practice

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them to work in New Zealand once their study aspirations of migrants and building partnerships had finished. At the same time, they increased with migrants.290 Similarly, international students work rights for others by introducing a three- are of interest to the Movement due to the high year post study work visa for people graduating proportion of students being young people, who from postgraduate degrees. According to former make up half of the Movement’s volunteers.291 Minister of Immigration Iain Lees-Galloway, “the New Zealand Red Cross has a strong focus on removal of employer-assisted post-study work youth engagement and international students rights at all levels will help reduce the risk of are at a clear intersection of this demographic. migrant exploitation, and better protect New There is a match with the organisation’s priorities Zealand’s international reputation.287 The move on migration, international development was welcomed by the New Zealand International and – directly – youth. As such, engaging with Students Association as reflective of their international students could fall under numerous lobbying efforts.288 policies and roles for New Zealand Red Cross. Regarding unlawful students – the official term for For example, while international students non-resident students – the Ministry of Education, might be vulnerable to particular kinds of in a 2020 Circular, clarifies that if a “student is employment challenges and exploitations (as ordinarily resident in New Zealand, living with noted above) they might also be volunteers that their parents, legal guardians or family in New help to lead New Zealand Red Cross into stronger Zealand for more than six months, they may be international connections, particularly in regions able to enrol as a domestic student, even if they of concern to the organisation. are not legally entitled to be here.” A previous While the as-yet unpublished results of New Circular, from 2017, had mentioned that the Zealand Red Cross’s Youth Engagement Survey292 school could share information with Immigration does not solely look at international students, New Zealand. This has been removed in the 2020 there is some crossover in both the demographics update, and replaced by an explicit comment that in those surveyed by age and by their self- information will not be shared with Immigration identification as immigrants (eight per cent), New Zealand.289 former refugees (five per cent) and international students (two per cent). The immigrant, refugee and international student categories were 6.4 not analysed due to them not being discrete categories – that is, that many people identified The International Red across a range of these groups. Nevertheless, Cross and Red Crescent key themes emerged that non-Pākehā felt more social isolation than Pākehā, international Movement policy students were among the least likely to claim and role in relation to to have witnessed discrimination (behind only refugees, though there are potential reasons for international students this seeming anomaly) and Pākehā and Māori reported higher levels of belonging than any of The International Red Cross and Red Crescent the other ethnic groups.293 Movement focuses on the humanitarian needs of vulnerable migrants, but included in these commitments is a focus on supporting the

290 International Federation of the Red Cross and Red Crescent Societies (2009). Policy on Migrants. November. https://www.ifrc. org/PageFiles/89395/Migration%20Policy_EN.pdf 291 International Federation of the Red Cross and Red Crescent 287 Davison, I. (2018). Government tightens rules for foreign students. Societies (2021). What we do Red Cross and Red Crescent Youth. New Zealand Herald. https://www.nzherald.co.nz/nz/news/article. https://media.ifrc.org/ifrc/what-we-do/red-cross-and-red- cfm?c_id=1&objectid=12103471 crescent-youth 288 New Zealand International Students Association (2018). 292 See https://www.redcross.org.nz/stories/new-zealand/youth- Immigration New Zealand adopts NZISA’s recommendations in survey for the original survey form; the data analysis and findings recent post-study work rights changes. 21 August. https://nzisa. are yet to be published. co.nz/wp-content/uploads/2018/08/NZISA-Immigration-Changes- 293 Similar observations have been made by New Zealand academics Media-Statement.pdf in this field. See, for example, Anderson, V. (2012). Homes’ and 289 Ministry of Education (2020). Circular 2020/08 Eligibility to enrol in being ‘at home’ in New Zealand: women’s place-making in New Zealand schools. https://www.education.govt.nz/our-work/ internationalised higher education. Gender, Place and Culture, publications/education-circulars/latest-circulars/circular-202008 19(3), 327–343.

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The New Zealand Red Cross Youth Engagement Strategy 2020-2030 highlights the role of young 6.5 people in leading social change, and connects Environmental scan: who this to issues like climate change, migration and humanitarian crises that motivate them to act.294 is doing what in relation Of particular relevance to international students to international students is the focus on inclusion, though it is also worth noting that there will be plenty of opportunities As with many immigration categories, the for international students who are thriving to international student environment is host to take leadership roles in other areas by building a complex mix of organisations. Interested community resilience, activating voice and hope parties include origin and destination states, and mobilising the values of humanitarianism for educational institutions, education agents, and local and global impact. the students along with their families, friends and 296 Perhaps the greatest engagement that New communities. Zealand Red Cross has had with international students came as part of supporting these Political parties and foreign nationals during the COVID-19 VCMM government agencies response. New Zealand Red Cross had specific While most international students are studying at staff dealing with universities and international a tertiary level and come under the remit of the students on campuses and noted how particular Tertiary Education Commission, there are also challenges were exacerbated, such as failing numerous other government agencies concerned courses, difficulty when courses end and no work with international students. Education New is available, and challenges dealing with being Zealand (ENZ) is the Crown agency responsible far from home when a health crisis emerges. One for ensuring that international education benefits common challenge was that the compulsory New Zealand. They work across all education levels health insurance usually only covered medical and attract international students to New Zealand issues and students reported that this did not at the same time as promoting opportunities for allow for access to mental health services or New Zealand citizens to study abroad. ENZ are pregnancy services.295 Finally, there were concerns also responsible for administering the Recognised from international students that the stress on Agency accreditation process to ensure quality education systems would lead to diminished of Education Agents. NZQA, in contrast, works in pastoral care for international students and validating overseas qualifications (and, in turn, does more of a focus on the strains for domestic the same for New Zealanders studying overseas). students. These concerns were compounded for A recent policy study of the international student international education institutions with a high sector – the International Education Strategy number of international students that had already (IES) – has highlighted future directions including seen staff cuts and diminished student numbers. moving to a focus on “quality education” and moving away from tying work rights to studying, especially in lower-level private training establishments. With the decimation of international student numbers due to COVID-19, Minister Chris Hipkins signalled an opportunity to reset along the lines of the IES strategy.297

296 Collins, F. (2012). Organizing Student Mobility: Education Agents and Student Migration to New Zealand. Pacific Affairs 85 (1) 135–158. 297 Gerritsen, J. (2020). NZ international student sector: More focus 294 New Zealand Red Cross (2020). New Zealand Red Cross Youth on quality education than work rights Cabinet papers. Radio New Engagement Strategy 2020-2030. https://www.redcross.org.nz/ Zealand. 4 August. https://www.rnz.co.nz/news/national/422694/ documents/652/RC_Youth_Engagement_Strategy_2020_A4_ nz-international-student-sector-more-focus-on-quality-education- v6.pdf than-work-rights-cabinet-papers; Ministry of Education (2020). 295 One reviewer noted that mental health is covered by the University Cabinet paper: A Strategic Recovery Plan for the International of Otago’s recommended provider and that there may be some Education Sector. 22 June. https://www.education.govt.nz/assets/ communication issues around what can be covered. Uploads/R-285-288-Cabinet-Paper-Pack-International-Education- Recovery-Redacted2.pdf

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As part of the 2017 Labour–New Zealand First on staff and resources, while also expecting coalition agreement, the government was to international students desire to study in a COVID- consider the exploitation of migrants with a 19-free environment to be what returns the sector particular focus on international students. to profitability.301 This change of government resulted in several ISANA NZ, or the International Education literature reviews of exploitation of migrant Association of Aotearoa New Zealand, is a workers in New Zealand298 and Cabinet agreement national association that aims to professionalise to implement a raft of measures to prevent the provision of education to international exploitation, protect those at risk and to enforce students by enhancing the capacity of penalties on exploitative employers.299 teaching and academic staff. They work across Networks and agencies primary, secondary and tertiary levels, offering events and resources to allow professional The New Zealand International Students development of all people associated in the Association (NZISA) is an umbrella organisation industry of international education. Recent work representing students from seven of the eight has included a micro-course in international universities in New Zealand. The main work of education recovery in a COVID-19 environment NZISA is conducting research and advocating and work on intercultural risk and opportunities best practice for government departments and through their CI model.302 education institutes. Several other associations work in this space, including relevant tertiary and Universities New Zealand is the sector voice secondary education providers (including halls of for the eight New Zealand-based universities, residence), the New Zealand Union of Students’ with key roles including quality assurance and Association (NZUSA) who represent most of scholarship administration. The organisation the student unions of the major universities was previously known as the Vice Chancellors’ (excluding Canterbury, at present), and other Committee, before a 2010 rebrand. tertiary education establishments. NZISA are developing changes to the Code of Practice for a forthcoming amendment to the Education Act. 6.6 NZISA are working on several issues within this What are the community that need to be addressed to ensure improved well-being for all international students. needs and gaps? These issues include a lack of representation for international students, inadequate education Despite being mandated in the Education on tenancy rights, policies that lead to poor (Pastoral Care of International Students) Code integration between domestic and international of Practice, there remain challenges in ensuring students and a lack of support staff.300 They noted adequate access to support and relevant that these issues were particularly acute when information about New Zealand, including New Zealand universities are reducing spending resources for vulnerable students. This unmet need extends to providing suitable and effective pastoral care for all students (and for these

298 For examples, see Collins, F. & Stringer, C. (2019). Temporary support networks to not be limited by regions). Migrant Worker exploitation in New Zealand. Report for Ministry of Business, Innovation and Employment. https://www.mbie.govt. As per the New Zealand Red Cross Youth nz/dmsdocument/7109-temporary-migrant-worker-exploitation- in-new-zealand; Stringer, C. & Michailova, S. (2019). Understanding Engagement Strategy 2020–2030 focus on the Exploitation of Temporary Migrant Workers: A Comparison of increased engagement with diverse communities, Australia, Canada, New Zealand and the United Kingdom. Report prepared for Ministry of Business, Innovation and Employment. there is an opportunity for more functional https://www.mbie.govt.nz/dmsdocument/7110-understanding- the-exploitation-of-temporary-migrant-workers-a-comparison-of- programmes – or partnerships with grassroots australia-canada-new-zealand-and-the-united-kingdom organisations – that engage international 299 Ministry of Business, Innovation and Employment (2020). Temporary migrant worker exploitation review –final proposals. https://www.mbie.govt.nz/dmsdocument/11801- temporary-migrant-worker-exploitation-review-final-proposals- proactiverelease-pdf 301 New Zealand International Students Association (2020b). The 300 New Zealand International Students Association (2019). Rising hypocrisy of New Zealand universities capitalising on Covid-19. international student numbers in New Zealand. Scoop. https:// https://nzisa.co.nz/2020/05/06/the-hypocrisy-of-new-zealand- www.scoop.co.nz/stories/ED1908/S00055/rising-international- universities-capitalising-on-covid-19 student-numbers-in-new-zealand.htm 302 See https://www.isana.nz/online-micro-course

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students to reduce their feelings of social exclusion. This exclusion is most acutely noted RIGHT: Sofia Cecchini and her partner Felipe Di in response to the challenges of studying in a Giacinti were travelling COVID-19 affected environment but was still from Argentina to New of note and concern in the pre-COVID-19 New Zealand when COVID-19 Zealand Red Cross Youth Survey. Local studies reached Aotearoa. Based in Queenstown, have also noted the benefit of volunteering the couple were on for international students in terms of temporary working employment pathways.303 visas and benefited from New Zealand Red Cross' As for non-resident students, recent changes from Visitor Care Manaaki the Ministry of Education have sought to ensure Manuhiri support. that every 5–19-year-old in New Zealand can enrol in school, regardless of their immigration status. However, it is still difficult to ascertain exactly how many people in precarious visa situations take up this process. One New Zealand study said the perception of international students as universally wealthy was an inaccurate and damaging assessment.304 One way to give a more accurate representation would be by providing actual evidence on statistics and data to show that hardship support can be needed for international students, too. VCMM has shown that while students have sufficient resources to travel to New Zealand to study, they can also be reliant on part-time work and support from their home countries, both of which are subject to change. University student associations are also seeing a rise in hardship grant applications from international students, indicating that while there are stringent requirements around the funds students need to have, there appear to be numerous challenges to those systems in times of international economic turmoil.

303 Anderson, V., McGrath, T. & Butcher, A. (2014). Asia-born New Zealand-educated business graduates’ transition to work. Asia Pacific Journal of Education, 34(1), 65–79. 304 Butcher, A. & McGrath, T. (2004). International students in New Zealand: Needs and responses. International Education Journal, 5(4), 540–551.

62 MIGRATION SCOPING REPORT 7. TEMPORARY MIGRANT WORKERS © New Zeala nd Red Cross

7. during COVID-19 as part of their broad focus on Temporary vulnerable migrants. It is also worth noting the overlap between this migrant workers section and others already considered in this paper: section five pays particular attention This section considers migrants to New Zealand to Recognised Seasonal Employer category who do not have permanent residency. While workers, section six covers international this section does include migrant workers who students – who have had work rights, and have a residence visa, it focuses mostly on section two covers asylum seekers and issues for workers on temporary visas. Those convention refugees who have work rights temporary visas may or may not have a path to but are often unable to access them. Those residency – and permanent residency – but it is discussions will not be repeated here, except the specific vulnerabilities around the precarity to gesture to previous discussions. Similarly, of visa status that are of interest, along with section eight deals with the conditions facing the humanitarian needs that arise from these people who do not have a valid visa, and, while situations. those people could be considered as temporary Regionally, the welfare of temporary migrants migrant workers, they have specific challenges is of increasing interest to National Societies. which will be addressed in their own section; For example, Australian Red Cross has recently section ten deal with trafficking and modern published a report on the safety and well- slavery, the latter of which affects many being of people on temporary work visas temporary migrant workers.

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people on temporary work visas do not have 7.1 automatic rights to healthcare.311 The international context

There are an estimated 164 million migrant workers in the world, comprising roughly 64 per 7.2 cent of all international migrants.305 Oceania New Zealand context is the region with the highest proportion of international migrants globally.306 Though Increases in temporary migrants have been permanent migration flows remain relatively substantial enough that Carey, writing for the stable across OECD countries, temporary labour OECD, described them as having “soared”.312 migration flows have substantially increased over Recent years have also seen no corresponding the previous decade (though interrupted in 2020 increase in the number of new residency by COVID-19 border measures).307 decisions being made. This gap can partially be explained by the tightening criteria for residency, A reliance on low-wage migrant workers is an but also by systemic issues facing the processing almost universal theme in the present age and of residency decisions, with claims from this means that exploitation is also a common numerous groups that this is an ad hoc approach factor. Common forms of exploitation in all to reducing permanent migrant numbers.313 countries, including New Zealand, include wage theft, excessive recruitment fees, and unlawful In New Zealand, temporary migrants work across contracting practices. Concurrently, issues all industries, but there are concentrations of excessive working hours, unsafe working of workers across several main industries: conditions, and unsuitable accommodation are agriculture, horticulture, hospitality, also recognised.308 telecommunication, and construction. Traditionally many of these workers have Further complexities and vulnerabilities for come from Pacific islands, but increasingly temporary visa holders came to light during employers choose to recruit temporary workers the COVID-19 pandemic response. There were from India, China and the Philippines.314 These safety, financial and legal concerns as people workers, along with a handful of others,315 were stranded, lost jobs, and had limited or no are specifically allocated special temporary access to social services.309 Many migrants work work visas to encourage their filling in gaps in in essential services, contributing meaningfully to host country pandemic responses, but they have also faced higher risks of infection and increased 310 discrimination during this time. Of particular 311 Collins, F. (2020). Caring for 300,000 temporary migrants in New Zealand is a crucial missing link in our coronavirus response. concern in a pandemic is the fact that many https://www.waikato.ac.nz/news-opinion/media/2020/caring-for- 300000-temporary-migrants-in-new-zealand-is-a-crucial-missing- link-in-our-coronavirus-response 312 Carey, D. (2019). Improving well-being in New Zealand through migration. Organization for Economic Co- operation and Development (OECD) Economics Department Working Papers No 1566. https://www.oecd.org/ officialdocuments/publicdisplaydocumentpdf/?cote=ECO/ 305 International Organization for Migration (2020). World Migration WKP(2019)35&docLanguage=En Report 2020, https://publications.iom.int/system/files/pdf/ 313 See Collins, F., & Stringer, C. (2019). Temporary Migrant Worker wmr_2020.pdf exploitation in New Zealand. Report for Ministry of Business, 306 Ibid. Innovation and Employment. https://www.mbie.govt.nz/ 307 Organisation for Economic Co-operation and Development (2020). dmsdocument/7109-temporary-migrant-worker-exploitation- Executive Summary. In International Migration Outlook. https:// in-new-zealand; Hickey, B. (2019). The dirty little secret in this www.oecd-ilibrary.org/sites/ec98f531-en/index.html?itemId=/ migration debate. Newsroom. 11 November. content/publication/ec98f531-en https://www.newsroom.co.nz/2019/11/11/899072/the-dirty-little- 308 Stringer, C. & Michailova S. (2019). Understanding the exploitation secret-about-this-migration-debate; Fonseka, D. (2020). ‘Scary’ of Temporary Migrant Workers: A Comparison of Australia, Canada, residency queue gets worse. Newsroom. 20 July. https://www. New Zealand and the United Kingdom, p. 66. https://www.mbie. newsroom.co.nz/residency-backlog-not-right govt.nz/dmsdocument/7110-understanding-the-exploitation-of- 314 Stringer, C. & Michailova, S. (2019). Understanding the exploitation temporary-migrant-workers-a-comparison-of-australia-canada- of Temporary Migrant Workers: A Comparison of Australia, Canada, new-zealand-and-the-united-kingdom New Zealand and the United Kingdom. https://www.mbie.govt. 309 Australian Red Cross (2020). Covid-19 Impacts Us All. https:// nz/dmsdocument/7110-understanding-the-exploitation-of- www.redcross.org.au/getmedia/0a4ca4bb-c5b9-4b6b-89e9- temporary-migrant-workers-a-comparison-of-australia-canada- ff90df3a01fc/Australian-Red-Cross-COVID-19-TempVisa-Report- new-zealand-and-the-united-kingdom web.pdf.aspx 315 See New Zealand Government (2021). Visas for workers from 310 United Nations News (2020). Uncertain future for migrant specific countries. 22 February. https://www.govt.nz/browse/ workers, in a post-pandemic world. https://news.un.org/en/ immigration-and-visas/get-a-visa-to-work-in-nz/visas-for-workers- story/2020/09/1072562 from-specific-countries/

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essential industries. Advocates have increasingly migrant workers may only stay in New Zealand raised their voices about the exploitation that is for a maximum of three years and do not have a occurring through these visa programmes.316 pathway to residence.321 Work visas are primarily granted under Employer- Recent years have seen a steady increase in the Assisted schemes, but a significant number number of temporary work visas issued, but are also granted as Family visas, Student or with no corresponding increase in the number of Post-study visas (see section six) and Working new residency decisions being made. This gap Holiday visas. A small number are also granted can partially be explained by the tightening of under the Recognised Seasonal Employer (RSE) criteria for residency, but also by systemic issues scheme (see section five) and for other specific facing the processing of residency decisions, circumstances, such as on humanitarian grounds with claims from numerous groups that this (see section two).317 In March 2020, before is an ad hoc approach to reducing permanent border measures were changed in response to migrant numbers.322 the COVID-19 outbreak, a new height of 221,226 A 2019 study commissioned by MBIE on people were in New Zealand on temporary work temporary migrant worker exploitation in visas. There were also 81,948 people on student New Zealand found that exploitation occurs visas and 190,608 people who were recently most frequently for those on student visas and granted resident visas. Temporary work visa employer-assisted visas. It also suggests that holders surpassed residence visa holders in early temporary migrant exploitation is endemic and 2019, which appears to be part of a trend towards a serious issue in New Zealand. The nature of reliance on temporary workers and diminishing temporary migrant work – especially in terms opportunities for turning these temporary visas of the hope for residency in the future – means into residency.318 that workers will often be complicit in their own There are multiple categories of temporary exploitation. This exploitation has an oversized work visas in New Zealand, though few provide effect on migrant workers and their families pathways to residency.319 The Talent and Long with overwork common, an inability to settle in Term Skill Shortage visas have pathways to communities and strains on family ties.323 residency, but these options will end in 2021. Key instances of employer exploitation include Following this change, migrant workers will underpaying employees, not complying have a pathway to residence if they meet two with employment contracts, denying leave, requirements: they must earn over 200 per cent and leveraging immigration assistance of the median wage (calculated yearly) and they as compensation for substandard work must work in a highly paid job in New Zealand arrangements. Vulnerability to exploitation is for two years. There are also business and exacerbated when employers have the power investment visas (Entrepreneur, Investor, and the to threaten visa cancellations either overtly, Global Impact work visas) that offer pathways to or through more deceptive claims about the residence based on capital and skill contributions business – and the visa – not being able to to the New Zealand economy.320 Low-paid

316 Kilgallon, S. & Xia, L. (2021). ‘It’s all fake’: Chinese migrant builders 321 Immigration New Zealand (n.d.). Employing migrant workers — sold a dream, left exploited and hungry.Stuff. 21 February. https:// what is changing. https://www.immigration.govt.nz/about-us/ www.stuff.co.nz/business/industries/124279195/its-all-fake- what-we-do/our-strategies-and-projects/changes-to-temporary- chinese-migrant-builders-sold-a-dream-left-exploited-and-hungry work-visas/employing-migrant-workers-changes 317 Ministry of Business, Innovation & Employment (2019), A New 322 See Collins, F. & Stringer, C. (2019). Temporary Migrant Worker Approach to Employer-Assisted Work Visas and Regional Workforce exploitation in New Zealand. Report for Ministry of Business, Planning: Paper One Employer Gateway System and Related Innovation and Employment. https://www.mbie.govt.nz/ Changes, p. 8. https://www.mbie.govt.nz/dmsdocument/7007- dmsdocument/7109-temporary-migrant-worker-exploitation- a-new-approach-to-employer-assisted-work-visas-and-regional- in-new-zealand; Hickey, B. (2019). The dirty little secret in this workforce-planning-paper-one-employer-gateway-system-and- migration debate. Newsroom. 11 November. https://www. related-changes-proactiverelease-pdf newsroom.co.nz/2019/11/11/899072/the-dirty-little-secret-about- 318 The Ministry of Business, Innovation & Employment (n.d.). this-migration-debate; Fonseka, D. (2020). ‘Scary’ residency queue Migration Data Explorer. Accessed 8 December 2020: https:// gets worse. Newsroom. 20 July. https://www.newsroom.co.nz/ mbienz.shinyapps.io/migration_data_explorer/# residency-backlog-not-right 319 Immigration New Zealand (n.d.). Temporary work visas. https:// 323 Collins, F. & Stringer, C. (2019). Temporary Migrant Worker www.newzealandnow.govt.nz/move-to-nz/new-zealand-visa/ exploitation in New Zealand. Report for Ministry of Business, work-visa/temporary-work-visa Innovation and Employment. https://www.mbie.govt.nz/ 320 Immigration New Zealand (n.d.). Visas to invest and innovate. dmsdocument/7109-temporary-migrant-worker-exploitation-in- https://www.newzealandnow.govt.nz/investing-in-nz/visas new-zealand

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exist if legal conditions were met.324 In short, by mid-2021.329 Currently, Immigration New employees can often become partners to their Zealand offers assistance to exploited workers own exploitation in service of the greater goal of a on a case-by-case basis.330 However, recent legal residency visa. The impacts of this exploitation on decisions highlight inconsistencies between the people are profound and can include subsequent treatment of migrants on different work visas. effects such as mental and physical exhaustion In 2018, the coalition government allowed some through overwork, and exclusion from basic people to switch their employer-assisted visas to rights of the state when workers feel they also open work visas, but people on these open work need to be invisible to service providers. In visas did not receive the six-month visa extension short, exploitation leads to people living in a granted to employer-assisted visa holders during society as second-class citizens without the the COVID-19 response.331 Instances such as these rights to freedom and resources that others take may factor negatively into workers’ decisions for granted. to report exploitation and lose their employer- assisted pathways in future.332 Starting in October 2019, Immigration New Zealand began rolling out changes to temporary work visas with the goal of implementing these changes fully in 2021. Most temporary work visas 7.3 will be affected by these changes, but a few – including RSE, Working Holiday, Humanitarian, Legal basis for temporary and Partnership work visas – will not change.325 migrant workers Though one of the goals for these changes is to better screen exploitation and immigration The International Labour Organization (ILO), a misuse,326 the Migrant Workers Association United Nations agency, provides conventions criticised the decision to continue attaching and protocols that countries are encouraged to migrants’ visas to employers instead of industries ratify for the protection of workers. New Zealand or regions as insufficiently addressing migrant currently has 33 of these conventions in force, workers’ vulnerability to exploitation.327 many of which provision protections for migrant workers, including: C155 on occupational safety During the 2018 New Zealand Migrant Survey, and health, C097 on migration for employment, eight per cent of temporary migrants reported C059 on the minimum working age, C047 on the exploitation; though likely an underestimate, this 40-hour week, C017 on worker’s compensation for extrapolates to the exploitation of at least 20,000 accidents, and C098 on the right to organise and temporary workers.328 To combat this worker collective bargaining.333 However, New Zealand exploitation, the government is implementing $50 is not yet party to the International Convention million worth of changes, including a free-phone on Protection of the Rights of All Migrant Workers line for reporting cases and a new visa option for 1990.334 Numerous other statutes and conventions those with visas tied to an exploitative employer have been discussed in previous chapters, but

324 Collins, F. & Stringer, C. (2019). Temporary Migrant Worker 329 Ministry of Business, Innovation & Employment (n.d.). Temporary Exploitation in New Zealand. https://www.mbie.govt.nz/ migrant worker exploitation review. https://www.mbie.govt. dmsdocument/7109-temporary-migrant-worker-exploitation-in- nz/immigration-and-tourism/immigration/temporary-migrant- new-zealand worker-exploitation-review; Lock, H. (2020). Concerns efforts to 325 Immigration New Zealand (n.d.). Employing migrant workers — stop migrant exploitation don’t go far enough. Radio New Zealand. what is changing. https://www.immigration.govt.nz/about-us/ 28 July. https://www.rnz.co.nz/news/national/422168/concerns- what-we-do/our-strategies-and-projects/changes-to-temporary- efforts-to-stop-migrant-exploitation-don-t-go-far-enough work-visas/employing-migrant-workers-changes 330 Immigration New Zealand (n.d.). Migrant exploitation. https:// 326 Immigration New Zealand (2019). Changes to employer-assisted www.immigration.govt.nz/about-us/policy-and-law/integrity-of- temporary work visas: overview, p. 6. https://www.immigration. the-immigration-system/migrant-exploitation govt.nz/documents/about-us/changes-employer-assisted- 331 Fonseka, D. (2020). Migrant exploitation moved ‘too little, too late. temporary-work-visas-overview.pdf Newsroom. 10 September. https://www.newsroom.co.nz/migrant- 327 Scotcher, K. (2019). Migrant Workers Association criticises New exploitation-journey-continues Zealand work visa overhaul. Radio New Zealand. 18 September. 332 Ibid. https://www.rnz.co.nz/news/political/398994/migrant-workers- 333 International Labour Organization (n.d.). Ratifications for New association-criticises-new-zealand-work-visa-overhaul Zealand. https://www.ilo.org/dyn/normlex/en/f?p=1000:11200:0:: 328 Ministry of Business, Innovation & Employment (2020). Temporary NO:11200:P11200_COUNTRY_ID:102775 migrant worker exploitation review final proposals. p. 6. https:// 334 New Zealand Foreign Affairs & Trade (n.d.).Human rights. https:// www.mbie.govt.nz/dmsdocument/11801-temporary-migrant- www.mfat.govt.nz/en/peace-rights-and-security/human- worker-exploitation-review-final-proposals-proactiverelease-pdf rights/#actionplan

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especially relevant are those in chapter ten on modern slavery. 7.4 Employee minimum rights in New Zealand do not The International Red change based on visa status. All workers have the Cross and Red Crescent right to a written employment contract, minimum wage (if at least 16 years old), holiday pay, Movement policy and role protection from unlawful discrimination, and to in relation to temporary work in a safe environment with proper training, supervision and equipment.335 The Health and migrant workers Safety at Work Act 2015 regulates minimum workplace health and safety obligations for all The International Red Cross and Red Crescent businesses, employers and employees. These Movement provides support based on need with standards include the right to refuse hazardous a focus on upholding the dignity of people based 340 work, protection against discrimination based on on the principles of humanity and impartiality. work health and safety involvement and the right Drawingfrom these principles, the International to a safe workplace.336 Red Cross and Red Crescent Movement does not discriminate based on visa status, a principle The fundamental rules around temporary worker often used in relation to temporary migrants who visas are defined in the Immigration Act 2009, may not have a valid visa, or specific groups such including temporary entry visa instructions (22), as asylum seekers. conditions on temporary entry class visas (52 and 53) and provisions applying to temporary entry class The primary means that New Zealand Red Cross visas (76–79).337 These provisions include extensions engages with migrant workers is through the of temporary visas by special direction 78A (1) which Pathways to Employment programme. Pathways was recently enacted to extend temporary work to Employment helps former refugees plan their visas during the COVID-19 pandemic.338 employment, education, training and career goals and, ultimately, find work. In working in The Immigration Amendment Act (No 2) 2015 this sector, New Zealand Red Cross inevitably brought amendments to address the exploitation comes across other employment issues related of migrant workers. Previously, it was only an to migrants as well as the public. While the offence to exploit unlawful workers in New engagement with temporary migrant workers Zealand, but this offence was extended to the is very limited, there is a tendency to work exploitation of temporary workers to ensure they alongside some of the sectors with the greatest were provided minimum wage payment and risk of exploitation. In the limited occasions to prevent other employer abuses of control. where concerns have been raised, Pathways to Punishments for these employer offences Employment have referred issues to the labour include up to seven years of jail and fines of up inspectorate and MBIE. to $100,000, as well as deportation if the offence took place within ten years of the employer Concerns about migrant exploitation in New gaining residence.339 Zealand raised by the Pathways to Employment team during COVID-19 led to New Zealand Red Cross writing to the Minister of Immigration. Following on from this, the organisation was 335 Employment New Zealand (2019). Know your employment rights. involved in the VCMM delivery. As a crisis https://www.employment.govt.nz/assets/Uploads/tools-and- resources/publications/09ab9b05c6/employment-rights-new- intervention, New Zealand Red Cross delivered zealand.pdf VCMM with the Department of Internal Affairs – Te 336 Employment New Zealand (n.d.). Health and safety at work. https://www.employment.govt.nz/workplace-policies/health-and- Tari Taiwhenua from 1 July to 30 November 2020 safety-at-work 337 For the full document see: Immigration Act 2009. http:// to provide support for temporary visa holders www.legislation.govt.nz/act/public/2009/0051/latest/whole. unable to return to their home countries because html?search=sw_096be8ed81a01543_61_25_se&p=1#DLM1440614 338 For this and other short-term changes made to temporary work visas in New Zealand on 7 July 2020, see: https://www. immigration.govt.nz/about-us/media-centre/news-notifications/ the-government-has-made-short-term-changes-to-nz-temporary- work-visas 340 New Zealand Red Cross (2020). New Zealand Red Cross scaling up 339 New Zealand’s National Plan of Action (2015). Pass the Immigration to assist foreign nationals affected by COVID-19. 1 July. https:// Amendment Bill (No.2) to address gaps in the compliance regime www.redcross.org.nz/stories/new-zealand/visitor-care-manaaki- and introduce measures to address the exploitation of migrant manuhiri-release workers. https://npa.hrc.co.nz/actions/21 67 NEW ZEALAND RED CROSS

of the COVID-19 pandemic.341 This programme organisations, unions, migrants, education helped more than 12,000 temporary migrants providers and other community organisations access essential goods and services including for effective intervention.346 While it is unclear accommodation, utilities, food, medication and whether this review will be sufficient to address warm clothing.342 Since the end of the VCMM exploitation, there are significant challenges programme there have also been concerns that around how entrenched these systems are that temporary migrant workers are not getting access will take more than one term of government to to the benefits to which they were entitled.343 address. The centrality of temporary migrants to the coming term of government can be seen in two of the four priority areas in the MBIE Briefing 7.5 to the Incoming Minister of Immigration. These areas focus on improving the skill level of those Environmental scan: migrants and residents that are accepted and who is doing what in decreasing their exposure to exploitation.347 June 2020 saw the establishment of 15 Regional relation to temporary Skills Leadership Groups (RSLGs) tasked with the migrant workers role of identifying and predicting labour needs across different regions. Migration is seen as one Government of the key tools to be able to address regional skills shortages.348 MBIE is currently leading a policy and operational The government also currently enforces a stand- review of temporary migrant worker exploitation down period in which employers that breach with the aim of preventing exploitation, employment standards cannot support migrant protecting temporary migrant workers and work visas. This stand-down may come by way enforcing immigration and employment of an infringement notice issued by a Labour law through penalties and deterrence. The Inspector, a penalty ordered by the Employment government is investing $50 million dollars to Relations Authority, or a sanction ordered by the implement these changes over the upcoming Employment Court.349 However, these regulatory years.344 As part of these changes, a new 0800 agencies have recently been reported as under- phone line and online system for reporting resourced and insufficiently proactive.350 exploitation and a new visa to enable migrants to leave exploitative employment without Industry and Employers compromising their immigration status are expected to be in place by mid-2021.345 The The largest single category of temporary workers review has also involved significant international are employer-assisted visa holders, amounting and local research highlighting the key role to roughly 34 per cent of temporary workers the government plays in addressing this issue within New Zealand, as well as the necessary collaboration of employers, industry

346 Collins, F. & Stringer, C. (2019). Temporary Migrant Worker 341 New Zealand Red Cross (2020). Visitor Care Manaaki Manuhiri. Exploitation in New Zealand. https://www.mbie.govt.nz/ https://www.redcross.org.nz/stories/new-zealand/visitor-care- dmsdocument/7109-temporary-migrant-worker-exploitation-in- manaaki-manuhiri new-zealand 342 Bonnett, G. (2020). Govt, Red Cross spend $15m helping 347 The other two priorities are (i) the reopening of the border immigrants stranded in NZ. 11 November. Radio New Zealand. and the internal financial budget balance of INZ with reduced https://www.rnz.co.nz/news/national/430331/govt-red-cross- visa applications. See Ministry of Business, Innovation and spend-15m-helping-immigrants-stranded-in-nz Employment (2020). Briefing for the Incoming Minister 343 Bonnett, G. (2021). Migrant says unjustified benefit refusals and of Immigration. November. https://www.mbie.govt.nz/ delays keeping numbers down. Radio New Zealand. 22 March. dmsdocument/12539-briefing-for-the-incoming-minister-of- https://www.rnz.co.nz/news/national/438876/migrant-says- immigration unjustified-benefit-refusals-and-delays-keeping-numbers-down 348 Ibid. 344 The Ministry of Business, Innovation & Employment (n.d.). 349 Employment New Zealand (n.d.). Employers who have breached Temporary migrant worker exploitation review. https://www. minimum employment standards. https://www.employment. mbie.govt.nz/immigration-and-tourism/immigration/temporary- govt.nz/resolving-problems/steps-to-resolve/labour-inspectorate/ migrant-worker-exploitation-review/ employers-who-have-breached-minimum-employment-standards 345 Ibid.; The Ministry of Business, Innovation & Employment (n.d.). 350 Collins, F. & Stringer, C. (2019). Temporary Migrant Worker The temporary migrant worker exploitation review: a summary of Exploitation in New Zealand. https://www.mbie.govt.nz/ changes. https://www.mbie.govt.nz/assets/temporary-migrant- dmsdocument/7109-temporary-migrant-worker-exploitation-in- worker-exploitation-review-summary-of-changes.pdf new-zealand

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or 65,000 people as of March 2019.351 Industry to “improve the lives of working people and their responses to the anticipated temporary work families” through active campaigning.356 visa changes announced in 2019 were generally Workers can also seek help from community positive.352 Federated Farmers and Horticulture organisations such as the Union Network of New Zealand praised the streamlining of the Migrants (Unemig, part of FIRST Union) or visa process and further changes that they the Migrant Workers Association of Aotearoa believe provide additional advantages to rural (MWA).357 Unemig is a migrant-led network for the communities.353 protection of migrant worker rights and welfare Collins and Stringer found in their review of in New Zealand. It offers employment advice, temporary migrant worker exploitation that a representation for migrants experiencing illegal number of industries, companies and employers or discriminatory work conditions, immigration have taken steps to reduce exploitation. These advice, employment relations seminars, measures include technological advancements and referrals to other relevant agencies and (linking ID cards to timesheets and fingerprint community organisations. It also campaigns on sign-in systems) and procedural changes issues affecting migrant workers.358 For instance, (standardised employment agreements, they were involved in the recent, successful push random audits, training programmes, translated to extend emergency benefits to migrant workers educational materials on employment rights and through the Social Securities Act after the VCMM stricter regulations). Other industry measures programme came to an end in November 2020.359 noted for mitigating exploitation were using The MWA began as the Indian Workers intermediary companies that interview people Association, but now advocates for the rights of after placements to ensure positive future all migrant workers. They proactively educate experiences and obtaining product certifications people about migrant rights and responsibilities such as GlobalGAP that indicate certain standards through public meetings, seminars, and of welfare.354 weekly radio shows, while also protesting and Unions and community organisations campaigning in support of migrant worker equality.360 Recently, Anu Kaloti from MWA has The Immigration New Zealand website directs appeared in the news campaigning on behalf workers to the Council of Trade Unions (CTU) of temporary migrant workers, who have so that workers know their right to join a union valid visas, but are stuck overseas because of and can find a union that encompasses their COVID-19 restrictions.361 Another recent campaign particular occupation.355 There are 27 unions supported by Unite Union, One Union and the listed on the CTU website united under the goal MWA urges the government to set up a “Pathways to Residency” visa option for temporary workers who have made New Zealand their home for five years or more.362 351 The Ministry of Business, Innovation & Employment (2019). A new approach to employer-assisted work visas and regional workforce planning: Paper One Employer Gateway system and related changes, p.6. https://www.mbie.govt.nz/assets/a-new-approach- to-employer-assisted-work-visas-and-regional-workforce- planning-paper-one-employer-gateway-system-and-related- 356 New Zealand Council of Trade Unions (n.d.). About us. https:// changes.pdf www.union.org.nz/about/ 352 Business Central Wellington (2019). Temporary work visa 357 Community Law (n.d.). Migrant workers. https://communitylaw. improvements a welcome start. Scoop Business. 17 September. org.nz/community-law-manual/chapter-20-starting-and-leaving-a- https://www.scoop.co.nz/stories/PO1909/S00232/temporary- job/migrants-and-other-vulnerable-workers/ work-visa-improvements-a-welcome-start.htm 358 First Union (n.d.). Union network of migrants. https://www. 353 Federated Farmers (2019). Streamlined temporary work visa firstunion.org.nz/our-union/union-networks/unemig. process is a real positive. Scoop Business. 17 September. https:// 359 Harris, C. (2020). Migrant workers to receive emergency benefits. www.scoop.co.nz/stories/BU1909/S00429/streamlined-temporary- 20 November. Stuff.https://www.stuff.co.nz/business/123455880/ work-visa-process-is-a-real-positive.htm; Horticulture NZ (2019). migrant-workers-to-receive-emergency-benefits Horticulture NZ welcomes temporary work visa changes. Scoop 360 Migrant Workers Association (n.d.). Who we are. https://www. Business. 17 September. https://www.scoop.co.nz/stories/BU1909/ migrantworkers.org.nz/about-us/ S00430/horticulture-nz-welcomes-temporary-work-visa-changes. 361 Kumar, A. (2020). Offshore work visa holders need ‘statement of htm reassurance’, says Migrant Workers’ Association. 24 November. 354 Collins, F. & Stringer, C. (2019). Temporary Migrant Worker Stuff.https://www.stuff.co.nz/tarana/123494217/offshore-work- Exploitation in New Zealand, 59 61. https://www.mbie.govt.nz/ visa-holders-need-statement-of-reassurance-says-migrant- dmsdocument/7109-temporary-migrant-worker-exploitation-in- workers-association new-zealand 362 Unite Union (2020). Unions Launch A “Pathways To Residency” 355 Immigration New Zealand (n.d.). Support in the workplace. Campaign For Migrant Workers. 7 November. Scoop Politics. https://www.newzealandnow.govt.nz/work-in-nz/support-in-the- https://www.scoop.co.nz/stories/PO2011/S00072/unions-launch- workplace a-pathways-to-residency-campaign-for-migrant-workers.htm.

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After interviewing nine union representatives and know how enduring the changes from this review 18 community participants, Collins and Stringer will be, but there appears to be enough interest report that exploitation is perceived within from academics and unions that wage and these groups as more pervasive than the media exploitation issues are generally well represented or government acknowledge. They identified in advocacy and the media. international students and post-study work visa The Australian Red Cross’s report on the safety holders as those most often exploited; however, and well-being of people on temporary visas the most vulnerable migrant populations were during COVID-19 highlighted the precariousness Filipino, Indian and Chinese workers.363 of temporary visa holders regarding financial, An international NGO, Talent Beyond Boundaries, housing, and health insecurities because of the is also working to provide pathways for refugees pandemic.368 These insecurities, they noted, are to migrate outside of traditional settlement only exacerbated by the current global health programmes. They are interested in working in crisis, not caused by it. Similarly, people in New New Zealand, having established the programme Zealand on temporary visas granted for less than in Australia, and are seeking to use skilled migrant 24 months have limited access to health and pathways to increase these complementary social services.369 While unions are making the protection pathways. Given the UNHCR has case for the rights of workers, there is still a gap sought to increase these pathways in their refugee for the humanitarian needs that exist irrespective settlement plans for the coming decade, this is an of employment, as exemplified by the challenges area that may gain some traction.364 of COVID-19 and related sudden unemployment. Another concern is the dangerous nature of many occupations that rely on migrant workers. In 7.6 New Zealand, the primary sector has the highest recorded incidents of injuries and fatalities, with What are the the highest rates reported within the occupational needs and gaps? groups of agriculture and fishery.370 Furthermore, higher work-related mortality rates have been While the government is taking steps to address recorded for those with non-native English the exploitation of migrant workers with a policy skills.371 More should be done to ensure workplace and operational review and roll out of changes, safety across these sectors, particularly as it exploitation remains an issue of concern in relates to educating workers in a language they New Zealand.365 understand. MWA pointed out that the government’s choice People whose ability to work and live in New to provide the option of an open work visa Zealand based on their partnership status also for exploited workers does nothing to protect face vulnerabilities around domestic abuse. If workers from getting exploited in the first place.366 they contact the police or leave their partner, Further unaddressed issues include the burden their right to remain in the country changes. of proof migrants currently face in accessing legal Though there is a residency visa for victims of help, a problem likely to also make obtaining the open work visa difficult for many.367 It is difficult to 368 Australian Red Cross (2020). Covid-19 Impacts Us All. https:// www.redcross.org.au/getmedia/0a4ca4bb-c5b9-4b6b-89e9- ff90df3a01fc/Australian-Red-Cross-COVID-19-TempVisa-Report- web.pdf.aspx 363 Collins, F. & Stringer, C. (2019). Temporary Migrant Worker 369 Immigration New Zealand (n.d.). Getting public health care in New Exploitation in New Zealand, p. vii, 37 41. https://www.mbie.govt. Zealand. https://www.immigration.govt.nz/new-zealand-visas/ nz/dmsdocument/7109-temporary-migrant-worker-exploitation- apply-for-a-visa/tools-and-information/medical-info/getting- in-new-zealand public-health-care-in-new-zealand 364 United Nations High Commissioner for Refugees (2019). The Three 370 Yuan, S., Cain, T. & Spoonley, P. (2014). Temporary migrants as Year Strategy (2019-2022) on resettlement and complementary vulnerable workers: a literature review. Report prepared for pathways. June 2019. https://www.unhcr.org/5d15db254.pdf the Ministry of Business, Innovation and Employment. https:// 365 The Ministry of Business, Innovation & Employment (n.d.). The ndhadeliver.natlib.govt.nz/delivery/DeliveryManagerServlet?dps_ temporary migrant worker exploitation review: a summary of pid=IE52095177 changes. https://www.mbie.govt.nz/assets/temporary-migrant- 371 Ibid. worker-exploitation-review-summary-of-changes.pdf 366 Fonseka, D. (2020). Migrant exploitation moved ‘too little, too late’. Newsroom. 10 September. https://www.newsroom.co.nz/migrant- exploitation-journey-continues 367 Ibid.

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domestic abuse, the criteria for this visa is very strict, leaving many migrant women particularly vulnerable.372 This lack is especially complicated when they have children with their abuser and do not have the right to take these children with them once their visa ends.373 In 2018, the United Nations Committee on the Elimination of Discrimination Against Women expressed concern about these issues and recommended that New Zealand revise its immigration laws to include a permanent residency pathway for mothers of children with New Zealand nationality, increase shelters, provide free legal and psychological services for migrant women, and provide information about legal rights in a language migrants can understand.374 As of 19 March 2020, the New Zealand border has been closed to almost all temporary visa holders. Around 10,062 temporary migrants were stuck overseas as of June 2020,375 and though changes in October 2020 opened the border to some temporary visa holders, this exemption is expected to amount to only 850 people.376 Some temporary visa holders have reached out to the media to express the significant stress and financial losses, as well as employment and visa insecurity brought on by New Zealand’s strict border response to COVID-19.377

372 Duff, M. (2020). The impossible choice for migrant women who are abused by their partners. 13 November. Stuff.https://www.stuff. co.nz/national/300156998/the-impossible-choice-for-migrant- women-who-are-abused-by-their-partners 373 Ibid. 374 Committee on the Elimination of Discrimination against Women (2018). Concluding observations on the eighth periodic report of New Zealand. https://women.govt.nz/sites/public_files/ CEDAW_C_NZL_CO_8_31061_E%20%283%29.pdf 375 Fonseka, D. (2020). The immigration toss-up. 16 September. Newsroom. https://www.newsroom.co.nz/a-humanity-vs-industry- immigration-toss-up 376 Fonseka, D. (2020). Temporary visa holders can return. 9 September. Newsroom. https://www.newsroom.co.nz/temporary- visa-holders-can-return 377 Bonnett, G. (2020). Graduate international students locked out of New Zealand plead for exemption. 19 November Radio New Zealand. https://www.rnz.co.nz/news/national/431017/graduate- international-students-locked-out-of-new-zealand-plead-for- exemption; Bonnett, G. (2020). New Zealand partnership visa two- tier system frustrating for couples split by Covid-19. 27 November. Radio New Zealand. https://www.rnz.co.nz/news/national/431616/ new-zealand-partnership-visa-two-tier-system-frustrating-for- couples-split-by-covid-19

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African migrants saved from the sea play football with Tunisian Red Crescent volunteers in front of a newly refubished dormitory, a former chicken farm.

8. extensions to visas, this section will tend People to focus on people who have been in New Zealand in the medium to long term and do not without valid visas intend to leave. This section covers foreign nationals (and Across the International Red Cross and Red stateless people) who are in New Zealand Crescent Movement, the principle of not without a valid visa – just under 14,000 people discriminating is applied in migration by by the most recent Ministry of Immigration “not discriminating due to visa status”. This assessments.378 Although It is incorrect, principle seeks to ensure that vulnerable people these people are often referred to as “illegal receive assistance regardless of legal status. immigrants”. While COVID-19 has produced The principle of Independence is also applied challenges and confusion around automatic in these situations to ensure that government requirements do not limit the Red Cross Red Crescent humanitarian response.

378 Fonseka, D. (2020). Calls for an overstayer amnesty for the good of all. Newsroom. 10 September. https://www.newsroom.co.nz/ be-kind-dont-deport

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for Migration in 2018.381 One of the key medium- 8.1 term goals of PICUM was the establishment of the The international context Firewall Principle that creates “a clear separation between immigration enforcement and access One of the core measures of what limits and to services (including health care, shelter and delimits a nation state is the ability to regulate the education), protection and justice.”382 people who reside within its borders. In practice, With no overland border to another country, however, there are numerous possible challenges Australia is in the most similar situation to New to this absolute sovereignty, many of which are Zealand in terms of people living in the country based on normative adherence to international without a visa. While there remain challenges in laws such as the 1951 Refugee Convention accurately knowing the number of people who and the related 1967 Protocol that, if acceded remain without a visa, the Australian statistics are to, grants foreign nationals the rights to claim more comprehensive than many other countries, protection. However, there are also the practical including data on how many years people tend challenges of maintaining the sovereignty to remain in the country.383 Described by the of borders and this leads to a population of government as “unlawful non-citizens”, a recent people – interchangeably referred to as irregular, estimate by the Department of Home Affairs put undocumented or unauthorised migrants – living those without a visa at 62,900 people.384 Much in nations without valid visas. It is also worth of the attention on people in Australia without a noting that there are a range of ways that people visa is on working and exploitation. In contrast, can find themselves in a situation without a valid Singapore’s COVID-19 outbreak among migrant visa – they might have entered without a valid workers, has led to questions on how to ensure visa, it may have lapsed, or they may have had this community is not a vector for the spread residency that has lapsed. of the virus.385 While there are somewhat reliable data estimates In the United States of America there has on irregular migration for many countries in North been particular attention on anticipating and America, Australasia and Europe – as well as for restricting overland migrants from Mexico and nations with a strong UNHCR presence – there is Central America (though the numbers of people a lack of solid evidence on irregular movements without a valid visa decreased from 12.2 million in Latin America, Asia and Africa.379 The difficulty in 2005 to 10.5 million in 2017).386 Though this of coming to a global figure (and the associated attention has been more focused on border practical questions of how these figures are used security, there have also been policies focused and misused) was highlighted in the IOM’s 2020 on reducing the number of people who are in the Global Migration Report where they highlighted USA without valid visas who do not enter through the shortcomings in a “What Not To Do” section on irregular migration statistics.380 For this section, we will focus on Anglo- and Euro-sphere countries due to both the similarities in reasons for migration and the media environment that affects how people without valid visas are viewed. 381 United Nations (2018). Global Compact for Safe, Orderly and The Platform for International Cooperation on Regular Migration. https://refugeesmigrants.un.org/sites/default/ files/180713_agreed_outcome_global_compact_for_migration. Undocumented Migrants (PICUM) is a network pdf 382 Platform for International Cooperation on Undocumented of organisations working towards guaranteeing Migrants (2016). Strategic Plan 2016-2020. https://picum.org/wp- minimum human rights regardless of migration content/uploads/2019/10/StrategicPlan_2016-2020_EN.pdf 383 See Coyne, J. (2019). Australia’s other border security problem: status. The need for these rights was highlighted visa overstayers. ASPI Strategist. 6 March. https://www. aspistrategist.org.au/australias-other-border-security-problem- as a guiding principle in the non-legally binding visa-overstayers objectives of the United Nations Global Compact 384 ibid. 385 Segrave, M. (2020). The coronavirus risk Australia is not talking about: testing our unlawful migrant workers. The Conversation. 7 May. https://theconversation.com/the-coronavirus-risk-australia- is-not-talking-about-testing-our-unlawful-migrant-workers-137268 379 Migration Data Portal (2020). Irregular Migration. 22 June. https:// 386 Kamarck, E. & Stenglein, C. (2019) How many undocumented migrationdataportal.org/themes/irregular-migration immigrants are in the United States and who are they? Brookings 380 International Organization for Migration (2019). World Migration Institute. 28 November. https://www.brookings.edu/policy2020/ Report 2020. https://publications.iom.int/system/files/pdf/ votervital/how-many-undocumented-immigrants-are-in-the- wmr_2020.pdf united-states-and-who-are-they

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the southern border with Mexico.387 The rhetorical focus on keeping migrants out of the USA will be 8.2 considered in section 12 on the public perception New Zealand context of migrants. People without a valid visa in New Zealand have A combination of the Schengen visa free broadly been considered under the category movements in the European Union and a lack of of irregular migration.393 The number of people research by the Home Office has meant that there overstaying their visa’s duration peaked at 21,000 is no official tally of the number of people without in 2004,394 while the most recent figures have a valid visa in the United Kingdom.388 This lack the number at 13,895.395 On a per capita basis, of official information has also led to a situation this is roughly proportional to the estimates of where very different estimates of the number people overstaying visas in Australia. The top five of people without a visa are made, including by countries in order of the number of people who some seeking to overestimate for political gain. 389 do not have a valid visa are Tonga, Samoa, China, Some other countries have responded to India and the United Kingdom.396 New Zealand challenges around movement and COVID-19 hosts very few stateless people, with just two by regularising the status of some migrants. As cases in a recent overview.397 noted in the second annual review of the Global There are many ways that people end up in New Compact on Migration, France, Italy, Portugal and Zealand without a valid visa, and while this means Zambia all made moves in this direction.390 they are outside of legal migration channels, In summary, populist political leaders have the cases observed were never with criminal found people without valid visas to be an easy intent. For example, some people may have political target. This rhetoric will often skip over misunderstood or been actively misled about the official and legal status of all migrants and the path to obtaining a work visa. That process refugees, including those who have been citizens leads to debts, but the migrant has expectations for generations. In the Asia-Pacific region, more that legal employment will allow them to pay off of the focus has been on asylum seekers than these debts. Once they realise they are unable to people overstaying visas391 and that has meant pay off this debt, many stay in New Zealand – like more opportunities for nuanced understandings Sia, in a recent New Zealand Herald profile398 – of why someone might find themselves without a with the hope they will be able to become legal, valid visa.392 or at worst, pay off the outstanding debts before returning home. These debts tend to lead to increased vulnerability of migrants to exploitation which does not just affect them, but any dependants and offshore family. One anomaly of this system was brought to the public attention in 2021, when the widow of a Chinese worker who died working in New Zealand but without a valid

387 Sacchetti, M. & Urhmacher, K. (2019). Nations targeted by U.S. for high rates of visa overstays account for small number of violators. Washington Post. 25 April. https://www.washingtonpost.com/ immigration/nations-the-white-house-is-targeting-for-visa- overstay-rates-account-for-small-number-of-violators-omit- brazil-venezuela-china/2019/04/24/956ef970-65d7-11e9-82ba- 393 McMillan, K. (2008). Irregular Migration: New Zealand’s experience fcfeff232e8f_story.html and response. New Zealand International Review. 33(4) 1–6. 388 BBC (2020). Illegal immigration: No recent figure for UK, report 394 Ibid. finds. BBC. 17 June. https://www.bbc.com/news/uk-53075318 395 Fonseka, D. (2020). Calls for an overstayer amnesty for the good 389 Reuters (2020). Fact check: It is not known how many illegal of all. Newsroom. 10 September. https://www.newsroom.co.nz/ immigrants are in the UK. Reuters. 1 October. https://www.reuters. be-kind-dont-deport com/article/uk-factcheck-immigrants-idUSKBN26L2F4 396 Ibid; Hunt, T. (2017). Overstayers estimated at almost 11,000, of 390 United Nations (2020). Global Compact for Safe, Orderly and whom 2100 were deported last year. Stuff.30 October. https:// Regular Migration www.stuff.co.nz/national/98349601/overstayers-estimated-at- Report of the Secretary-General. Seventy-fifth session: agenda items almost-11000-of-whom-2100-were-deported-last-year 14 and 122. 26 October. https://migrationnetwork.un.org/sites/ 397 Lewis, O. (2018). ‘Legally they don’t exist’: New Zealand’s default/files/docs/english.pdf stateless population of two. Stuff.14 April. https://www.stuff. 391 Coyne, J. (2019). Australia’s other border security problem: visa co.nz/national/102973303/legally-they-dont-exist-new-zealands- overstayers. The Strategist. 6 March. https://www.aspistrategist. stateless-population-of-two org.au/australias-other-border-security-problem-visa-overstayers 398 Tan, L. (2020). New Zealand overstayer on what it’s like living a 392 See, for example, Blakkerly, J. (2018). What it’s like to be an secret life’ New Zealand Herald. 10 October. overstayer in Australia. SBS. 4 June. https://www.sbs.com.au/ https://www.nzherald.co.nz/nz/new-zealand-overstayer-on-what- news/what-it-s-like-to-be-a-visa-overstayer-in-australia its-like-living-a-secret-life/Y6I4JFGV36AQVWFJRDDYZ3YOQ4

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visa was paid out by ACC.399 Commentators noted relationships by Immigration New Zealand tying that the no-fault, no lawsuit system required that their visa status to their partner.404 A recent ACC had to offer universal coverage regardless of review by MBIE on the effectiveness of a Family employment status.400 Violence Visa noted some large gaps for migrant women, especially around the lack of an option While people remaining in the country after for those whose partners were not citizens or their visas have expired are still sporadically residents yet. On top of these challenges were invoked for political, anti-migrant gains – see difficulties in accessing information about the the discussion of Behrouz Boochani401 and the visa, concerns about the slowness of processing, occasional parliamentary question402 – New a lack of consistency, use of translators by Zealand does have a recent history of intense Immigration New Zealand staff and the need for politicisation of this group of people. In the 1970s, specialised legal assistance which was not readily with an increase in Pacific migrants staying here available.405 In early 2021, one case of exploitation after their visas had expired, and an increase in of Tongans without a valid visa were discovered domestic unemployment, the Kirk government when a church was investigated for a scam that launched a highly publicised series of dawn was supposed to lead to citizenship.406 Media raids of houses in Auckland to find “overstayers” noted that the scam could target over 100 people and deport them. The terms “dawn raid” and because they were concerned about coming “overstayer” are complex signifiers, both forward with their concerns in case they would reclaimed by Pacific communities (see Dawn Raid be deported.407 Records for example) but also retaining the marks of institutionalised racism.403 COVID-19 has led to numerous challenges for people in New Zealand without a visa. These While there is significant attention on how challenges have led to at least two anonymous exploited workers can be persuaded to contact people without a visa talking to the media408 and labour inspectors or the Ministry of Business, have culminated in a call from the Race Relations Innovation and Employment (MBIE), there Commissioner and community advocates for has been less attention on the challenges for an amnesty for people who have overstayed individuals who are reliant on partners to their visas and a path to permanent residency.409 maintain their visa status. In essence, advocates argue, women are being kept in abusive

404 Duff, M. (2020). The impossible choice for migrant women who are abused by their partners. StuffNovember 13. https://www.stuff. 399 Fisher, D. & Tan, Q. (2021). Illegally working overstayer dies on the co.nz/national/300156998/the-impossible-choice-for-migrant- job ACC payment made to widow in China. New Zealand Herald. women-who-are-abused-by-their-partners 18 January. https://www.nzherald.co.nz/nz/illegally-working- 405 Ministry of Business, Innovation and Employment (2019). Recent overstayer-dies-on-the-job-acc-payment-made-to-widow-in- Migrant Victims of Family Violence Project 2019: Final Report. china/OWADEJMGCUYM36WLF6YNKUA2SE https://www.mbie.govt.nz/dmsdocument/12138-recent-migrant- 400 Rennie, D. (2021). ACC Payout For Illegal Overstayer. Scoop. 21 victims-of-family-violence-project-2019-final-report January. https://www.scoop.co.nz/stories/PO2101/S00065/acc- 406 Dreaver, B. (2021). Elaborate passport scam involving small payout-for-illegal-overstayer.htm Tongan church in South Auckland under investigation. 1 News. 401 Williams, P. (2019). Peter Williams: Behrouz Boochani is an 15 January. https://www.tvnz.co.nz/one-news/new-zealand/ overstayer and he should leave New Zealand immediately. elaborate-passport-scam-involving-small-tongan-church-in-south- Newshub. 20 December. https://www.newshub.co.nz/home/ auckland-under-investigation new-zealand/2019/12/peter-williams-behrouz-boochani-is-an- 407 Dateline Pacific (2021). Akld church overstayers afraid to come overstayer-and-he-should-leave-new-zealand-immediately.html forward to immigration. Radio New Zealand. 26 January. https:// 402 Pugh, M. (2016). Oral Question to Immigration Minister Michael www.rnz.co.nz/international/programmes/datelinepacific/ Woodhouse. Hansard New Zealand Parliament. 16 April. audio/2018780892/akld-church-overstayers-afraid-to-come- https://www.parliament.nz/en/pb/hansard-debates/rhr/ forward-to-immigration document/51HansS_20160412_00000638/pugh-maureen-oral- 408 Tan, L. (2020). New Zealand overstayer on what it’s like living a questions-questions-to-ministers secret life. New Zealand Herald. 10 October. https://www.nzherald. 403 See, for example, Grainger, A. (2006). From immigrant to co.nz/nz/new-zealand-overstayer-on-what-its-like-living-a-secret- overstayer: Samoan identity, rugby, and cultural politics of race life/Y6I4JFGV36AQVWFJRDDYZ3YOQ4/; Sadler, R. (2020). Pacific and nation in Aotearoa/New Zealand. Journal of Sport and Social Island overstayer urges Prime Minister Jacinda Ardern to grant Issues, 30(1), 45–61; Bartley, A. & Spoonley, P. (2004). Constructing residency to others living illegally in New Zealand. The Project. 29 a Workable Multiculturalism in a Bicultural Society. In Waitangi June. https://www.newshub.co.nz/home/new-zealand/2020/06/ Revisited: Perspectives on the Treaty of Waitangi, edited by M. pacific-island-overstayer-urges-prime-minister-jacinda-ardern-to- Belgrave, 136–148. Auckland: Oxford University Press; Simon- grant-residency-to-others-living-illegally-in-new-zealand.html Kumar, R. (2015). Neoliberalism and the new race politics of 409 Fonseka, D. (2020). Calls for an overstayer amnesty for the good migration policy: Changing profiles of the desirable migrant of all. Newsroom. 10 September. https://www.newsroom.co.nz/ in New Zealand. Journal of Ethnic and Migration Studies, 41(7), be-kind-dont-deport; Pailate, M. (2020). Petition of Makahokovalu 1172–1191; Sadler, R. (2020). Pacific Island overstayer urges Prime Pailate for Pacific Leadership Forum: Provide pathways for Minister Jacinda Ardern to grant residency to others living illegally overstayers to gain permanent residency in NZ on compassion. in New Zealand. The Project. 29 June. https://www.newshub.co.nz/ New Zealand Parliament. https://www.parliament.nz/en/pb/ home/new-zealand/2020/06/pacific-island-overstayer-urges- petitions/document/PET_99196/petition-of-makahokovalu- prime-minister-jacinda-ardern-to-grant-residency-to-others-living- pailate-for-pacific-leadership?fbclid=IwAR2xR61yB1tqSnoeK3prrsT illegally-in-new-zealand.html R4kQ1pgJoav-vUihrfq76recOVrbycwYcKAs

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The challenges of COVID-19 have also seen two In New Zealand, there are fewer informal systems people without a visa attempt to claim refugee for people without a valid visa to participate status around fear of returning to India with its in everyday life than in many of the other relatively high COVID-19 numbers.410 The New countries considered above. Without a valid visa, Zealand government, in turn, has tried to assure employment must take place “under the table” people without a visa that they are able to get a or off the business records and be paid in cash. test for COVID-19 and their information will not This situation means that the legal issues of not be shared with Immigration New Zealand or other having a valid visa can cascade into other legal authorities.411 These discussions were particularly issues around employment, exploitation and acute in August 2020 when immigration advocates abuse. In June 2018, the New Zealand Police and and advisors noted that people without a valid Immigration New Zealand began an information visa who attended the Mount Roskill Evangelical sharing scheme that was designed to give police church would not trust the Ministry of Health and access to a person’s immigration status in real would have no incentive to come forward unless time which is likely to increase the number of there was a complete amnesty for people who deportations.413 had overstayed their visas.412 People without a People who are without a visa can make a case valid visa are also concerned that they will not be for a Special Visa under s61 of the Immigration eligible for a vaccine. Act 2009, described by Community Law as a last resort for people who have a good reason for remaining in the country. For these cases, 8.3 Immigration has absolute discretion over whether to accept the reasoning or not.414 It is also possible Legal issues for people to make an appeal on humanitarian grounds without a valid visa against the requirement to leave New Zealand to the Immigration and Protection Tribunal (IPT).415 Not having a valid visa causes multiple and While Immigration New Zealand notes that it significant challenges for a person attempting to wants to stop the exploitation of workers without participate in everyday life in any manner that a valid visa, any protection offered for contacting involves working with the government. These them about exploitation is highly provisional and challenges result in an inability to meet basic while their advice comes in numerous languages, needs and have a significant humanitarian impact it makes no guarantees about being able to on individuals and family well-being such as a remain in the country up to or beyond when a lack of shelter, safe education opportunities and prosecution takes place against an employer.416 food supply. COVID-19 has led to some changes in this space In countries with many people without a valid with a COVID-19 Short Term Visitor Visa allowing visa, informal systems tend to arise that allow stays of two months to bridge visas for people participation in precarious employment and housing. Some states and cities will attempt to get around these challenges of exclusion by making their services not contingent on national or federal identification, fixed addresses or other 413 One News (2018). Most read story: Over 10,000 overstayers in NZ, registration. Immigration not actively looking for most. TVNZ. 26 March. https:// www.tvnz.co.nz/one-news/new-zealand/most-read-story-over-10- 000-overstayers-in-nz-immigration-not-actively-looking 414 Community Law (n.d.). Applying for a visa as a special case (“section 61” visas). https://communitylaw.org.nz/communitylaw-manual/chapter-29-immigration/if-youre-here-illegally- understanding-your-options/applying-for-a-visa-as-a-special- case-section-61-visas/#:~:text=The%20full%20range%20of%20 410 Tan, Q. (2020). Jailed overstayers claim Covid refugee status in bid visas,that%20particular%20type%20of%20visa.&text=Note%3- to remain in NZ. New Zealand Herald. 20 November. https://www. A%20Section%2061%20visas%20can,t%20been%20made%20 nzherald.co.nz/nz/jailed-overstayers-claim-covid-refugee-status- against%20you in-bid-to-remain-in-nz/WJ4SAKVEPAMT3A6CWHFRQJN3DM 415 Community Law (n.d.). Appealing on special humanitarian 411 Raman, V. (2020). Minister assures no link to immigration. grounds. https://communitylaw.org.nz/community-law-manual/ Indian Newslink. 27 August. https://www.indiannewslink.co.nz/ chapter-29-immigration/if-youre-here-illegally-understanding- overstayers-can-take-covid-19-test-without-fear-of-repercussions your-options/appealing-on-special-humanitarian-grounds 412 Fonseka, D. (2020). Calls for an overstayer amnesty for the good 416 Immigration New Zealand (2020). Migrant exploitation. https:// of all. Newsroom. 10 September. https://www.newsroom.co.nz/ www.immigration.govt.nz/about-us/policy-and-law/integrity-of- be-kind-dont-deport; the-immigration-system/migrant-exploitation

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unable to go home.417 People without valid the legal status of migrants.418 Though much of visas were not eligible for Visitor Care Manaaki the International Red Cross and Red Crescent Manuhiri (VCMM). Those without visas were in Movement policy focuses on irregular migrants that situation often due to financial issues or needing short term assistance with the actual travel timing issues. Not being eligible meant migration movement regularly focussed on, when that people in hardship were not able to access describing other services provided by National support to meet their basic needs. Societies it is also emphasised that there should New Zealand Red Cross needs to be aware as be active steps taken to avoid discrimination on 419 it engages with the government to partner to the basis of migration status. The irrelevance deliver services in the future the exclusion of of migration status for assistance was underlined this vulnerable group puts both the organisation in the IFRC COVID-19 response where both health 420 at risk of conflicting with the fundamental and dignity of migrants was foregrounded, as principles and could mean that government well as in Australian Red Cross advocacy around responses may not be providing support to those the rights of this group to access healthcare and 421 most vulnerable. have their status resolved. As noted in section seven on temporary migrant workers, New Zealand Red Cross VCMM work 8.4 came into contact, and had anecdotal feedback on, foreign nationals who did not have a valid The International Red visa. The challenges of COVID-19 changes to Cross and Red Crescent visas meant that many clients faced uncertain visa statuses and quickly changing rules and Movement policy and processes. These changes meant that the organisation was often on the front lines of role in relation to people assisting people who found themselves without without a valid visa a valid visa and at risk of discriminating based on visa status. New Zealand Red Cross has argued As noted in the previous chapter’s section on for a firewall between VCMM and Immigration the International Red Cross and Red Crescent New Zealand to reduce concern for foreign Movement policy on temporary migrant workers, nationals about their visa being affected that the Red Cross principle of impartiality means would hamper distributing aid. This area was of the organisation does not discriminate based particular concern given the commitments of on visa status or nationality. People who do the International Red Cross and Red Crescent not have a current valid visa are particularly Movement to provide aid regardless of the vulnerable to exploitation and lack access to nationalities of the people who are affected. the basic services of a society. As such people without a valid visa must be seen as a key concern for the International Red Cross and Red Crescent Movement. The 30th International Conference of the Red Cross and Red Crescent centred humanitarian concerns generated by international migration, declaring humanitarian assistance should be 418 International Federation of the Red Cross and Red Crescent (2009). provided by National Societies to vulnerable Policy on Migration. https://www.ifrc.org/Global/Governance/ Policies/migration-policy-en.pdf migrants should be provided irrespective of 419 Ibid; Red Cross European Union (2016). Position Paper: Protecting the dignity and rights of migrants in an irregular situation. https:// www.ifrc.org/Global/Governance/Policies/migration-policy-en.pdf 420 International Federation of the Red Cross and Red Crescent (2020). Least Protected, Most Affected: Migrants and refugees facing extraordinary risks during the COVID-19 pandemic. https://media. ifrc.org/ifrc/wp-content/uploads/sites/5/2020/09/IFRC-report- COVID19-migrants-least-protected-most-affected.pdf 421 Australian Red Cross (2020). COVID-19 impacts us all: Ensuring the 417 See Immigration New Zealand (2020). Information about Covid-19 safety and well-being of people on temporary visas during COVID-19. Short Term Visitor Visa. https://www.immigration.govt.nz/new- August. https://www.redcross.org.au/getmedia/0a4ca4bb-c5b9- zealand-visas/apply-for-a-visa/visa-factsheet/covid19-short-term- 4b6b-89e9-ff90df3a01fc/Australian-Red-Cross-COVID-19-TempVisa- visitor-visa Report-web.pdf.aspx

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amnesty for people on expired visas in relation to 8.5 COVID-19 to ensure widespread testing.424 Environmental scan: who is doing what NGOs, advocacy groups and individuals Many of the advocates for the rights of people in relation to people without a visa come from the communities most without a valid visa represented. For example, Kennedy Maeakafa Fakana’ana’a-ki-Fualu and Makahokovalu Pailate, representing the Pacific Leadership Forum Immigration and Legal advisors launched the petition to the Prime Minister for an As a non-profit organisation, Community Law amnesty for people who had overstayed visas.425 helps all people in New Zealand with legal advice. They also worked to provide food to families As they do not have a profit motive, and are jointly affected by the COVID-19 lockdown, noting the staffed by lawyers and community volunteers, increased risk of exploitation. they have fewer conflicts about accepting clients. Both Shama Ethnic Women’s Trust and the In contrast, immigration lawyers and advisors nationwide Shakti network offer migrant-women are often in a difficult position between a client specific assistance with domestic violence, whose only interest is in finding some way to and the subsequent visa problems that can stay in the country, the fees from this work, and result from decoupling from a partnership the cases that some describe as drawing from visa. Women’s Refuge has also been active in 422 irrational hope. Immigration advisors and lobbying for a change to the way victims of lawyers can sometimes be blamed for not finding domestic violence are treated by Immigration a way for people without a valid visa to stay in the New Zealand.426 country, even when there appears to be no clear path for that to happen.423

Government 8.6 Immigration New Zealand, within MBIE, is the What are the main government agency charged with ensuring that people without a valid visa are either issued needs and gaps? a deportation notice or a visa that will allow them People without valid visas are vulnerable to both to stay in the country. In their enforcement role exploitation in the labour market and to increased they are much more direct about the lack of rights domestic violence with no path of escape. These of non-citizens than organisations tasked with challenges are significant humanitarian issues assisting migrants for both those without valid visas as well as their While noting the limits on their ability to help dependents. In the case of domestic violence with immigration matters, the Human Rights there are challenges for the safety of women who Commission has been active in making sure that are not the primary visa applicant or who are people are treated fairly by immigration New partnered to New Zealand citizens or residents Zealand, including their staff, and have regularly and have their status determined by these people. advocated for the rights of migrants, even if In the recent review by MBIE, reviewers were these are not presently legal rights that people without a visa have in New Zealand law. Auckland Councillor Efeso Collins backed calls for an 424 Radio New Zealand (2020). Auckland councillor Efeso Collins calls for amnesty for people with expired visas. Radio New Zealand. 20 August. https://www.rnz.co.nz/news/covid-19/424564/auckland- councillor-efeso-collins-calls-for-amnesty-for-people-with- expired-visas 425 Moala, R. (2020). Pacific Leadership Forum petitions MPs on behalf 422 See, for example, Lakshman, K. (2018). Overstayers In New of overstayers in New Zealand’ Pacific Media Network. 25 June. Zealand. Idesi Legal. https://www.immigrationlawyersauckland. https://pmn.co.nz/articles/pacific-leadership-forum-petitions- co.nz/overstayers-in-new-zealand/ and comments from Tuariki mps-on-behalf-of-overstayers-in-new-zealand-1 Delemare in Fonseka, D. (2020). Calls for an overstayer amnesty for 426 Duff, M. (2020). The impossible choice for migrant women who are the good of all. Newsroom. 10 September. https://www.newsroom. abused by their partners. Stuff November 13. https://www.stuff. co.nz/be-kind-dont-deport co.nz/national/300156998/the-impossible-choice-for-migrant- 423 Ibid. women-who-are-abused-by-their-partners

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told, “visas were commonly used as a tool of Labour with 8,000 of 20,000 people eligible to control, with abusers threatening women with sign up to a two-year work visa that could then deportation and separation from their children if be turned into permanent residency.430 There has they left.”427 been public support for this being repeated from MWA as well as the Human Rights Commission, While there has been recent attention on the and there could be a space for a strong case for need to focus on the victims of domestic violence the benefits of another amnesty to be made in the and ensure that migration settings help them wake of COVID-19. to break from abusive relationships, there does not appear to be traction on making changes to these policies. There is a need for a well-informed advocacy campaign to insist that the protection of people from domestic abuse is not hindered by visa settings. In 2018, the former Minister of Immigration said that a change to this law was not a priority for his government.428 At a practical level, there is a need for a clear and widely understood minimum set of rights for people without a valid visa. While the United Nations’ Global Compact for Migration sought to establish these, that agreement was opposed in New Zealand by the opposition, and internationally, by a group of far-right groups. Another approach might be to follow international recommendations by PICUM to create the same kind of firewall around some services and sharing of information between these departments and Immigration New Zealand and the New Zealand Police. This firewall, if consistent, should improve levels of trust held by people without a visa that they can participate to a certain level in New Zealand society. The best example of this was the challenge around COVID-19 health tests where this group were reluctant to seek help around testing due to fear of being deported. New Zealand also has not had an amnesty for people without a valid visa in more than 20 years, though these were regular in preceding decades, starting with Norman Kirk in 1974.429 The most recent amnesty was in 2000 and initiated by

427 Duff, M. (2020). Immigration NZ ‘facilitating abuse’ of migrant women who can’t leave abusive partners without being deported. Stuff. 7November. https://www.stuff.co.nz/national/300152207/ immigration-nz-facilitating-abuse-of-migrant-women-who-cant- leave-abusive-partners-without-being-deported?rm=a 428 Duff, M. (2020). The impossible choice for migrant women who are abused by their partners. Stuff November 13. https://www.stuff. co.nz/national/300156998/the-impossible-choice-for-migrant- women-who-are-abused-by-their-partners 429 Sadler, R. (2020). Pacific Island overstayer urges Prime Minister Jacinda Ardern to grant residency to others living illegally in New Zealand. The Project. 29 June. https://www.newshub.co.nz/home/ new-zealand/2020/06/pacific-island-overstayer-urges-prime- 430 NZPA (2000). Overstayers amnesty to cost $12.4m. New Zealand minister-jacinda-ardern-to-grant-residency-to-others-living- Herald. 10 November. https://www.nzherald.co.nz/nz/overstayers- illegally-in-new-zealand.html amnesty-to-cost-124m/3WXGE3D2DKFICUX73Y33NGFIJ4/

79 NEW ZEALAND RED CROSS © Corrinne

Bangladesh, Sirajganj district, Adere Begum, aged 34, was one of those who received Ambler/ IFRC food and safe drinking water from Bangladesh Red Crescent Society during a distribution on a small island on the Jamuna River following the devastating floods which impacted the region in 2017.

80 MIGRATION SCOPING REPORT 9. MOBILITY, DISASTERS AND DISPLACEMENT IN A CHANGING CLIMATE

9. Part two Mobility, Disasters and Displacement in Emerging a Changing Climate

The projected mass displacement of people in the coming decades due to increased abnormal Issues weather events will be a defining theme of the century.431 On average, more than 20 million In part two of this report, we consider people are newly displaced every year by climate and environmental disasters, with a raft of emerging issues that do not the vast majority of cases in the Asia-Pacific fit neatly into any one visa type, or region.432 The humanitarian impact of climate change will be extreme as people will not only which may affect migrants in general. be displaced but will often have no ability to These issues have been chosen due return to their homes; at some threshold of climate change some may even be unable to to a combination of their relevance remain living in their country. Climate change to the priorities of Strategy 2030 – will undermine necessities essential to the in both the International Red Cross enjoyment of the basic rights of life: destroying places of shelter, upending food supply locally, and Red Crescent Movement and regionally and internationally, and denying the New Zealand Red Cross approaches rights of citizenry including access to health, – as well as the likelihood of their education and welfare. The expected humanitarian impacts of these continued global and domestic disasters have led to human mobility as a result importance in coming years. of climate change becoming a Red Cross and Red Crescent Movement priority. This priority is based on the broad humanitarian devastation that accompanies the loss of homes, lands, livelihoods and, potentially, citizenship. As such, a proactive human mobility response to climate change and disasters has a central place in both the Disaster Risk Management Strategy and New Zealand Red Cross Strategy 2030, as well as a central place in the planning of National Societies throughout the Pacific. This section will deal with a particular type of human mobility in the context of disasters and climate change. This positioning can be read in parallel with how migrants who are already in New

431 This chapter focuses on human mobility as a result of environmental and climate related phenomena. This position does not imply that climate change is a direct cause of disasters, but that it multiplies already existing phenomena. 432 International Federation of the Red Cross and Red Crescent (2018). Disasters and Displacement in a Changing Climate: The Role of Asia Pacific National Societies. https://media.ifrc.org/ifrc/ wp-content/uploads/sites/5/2018/12/2018-IFRC-Climate-Change- Disasters-Displacement-Report-LR.pdf

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Zealand respond to disasters – see section 11 – lands, ability to support families and any hope including preparedness and prevention. for a stable future. Since that report, the scientific evidence on the effects of climate change (including sea-level rise and how climate change 9.1 is a “threat amplifier”) has increased.435 In 2007, the International Federation of the Red The international context Cross and Red Crescent (IFRC) – and 190 National Human mobility as a result of climate change Societies – agreed to develop a humanitarian and disasters is a fairly new area of study and response to climate change. Proactive pledges the language in this section tends to be less resulting from this conference were also agreed to settled than in the others. Because of this, it by eight governments, including New Zealand. In is worth making a quick note on language. 2015, the IFRC was describing climate change as “Climate refugee” is not a legally or academically the ultimate threat multiplier in the 21st century recognised term, though it is often used and may, – showing that climate change is not just a risk for despite its shortcomings, come into common extreme weather events but will make many other 436 usage due to the ease of understanding the term already occurring disasters much worse. as a shorthand for displacement of people. The Climate-related human mobility is an inordinately UNHCR notes, “the term ‘climate refugee’ is not complex issue and difficult to define. Population endorsed by the UNHCR, and it is more accurate movement in response to climate change does to refer to ‘persons displaced in the context of and will look different across the globe. As disasters and climate change’”.433 For this report, climate change impacts will vary depending on we have used the term mobility as an umbrella the geographic context, so too will movement category, under which a range of movements of people.437 In addition, some people will move exist, including displacements that are short term voluntarily, some will be forcibly displaced or permanent, and other types of regular and and others will fall on a spectrum between forced migration. For now, we will merely note the two (for example, pre-emptively move).438 that there will need to be continued thought put Accordingly, depending on the situation, into how different levels of documents – public- people who move for climate-related reasons facing communication compared to strategy and will look different from each other: they could research, for example – may need to consider resemble migrants seeking better opportunities the terminology of human mobility and climate elsewhere, or refugees and internally displaced displacement. Given the ongoing terminological persons who have fled situations beyond their discussions, we have attempted to find a middle control.439 Most individuals displaced for climate- ground between the passivity of neutral language related reasons are displaced within their own and the more active terms required for framings countries. However, the number of people that encourage humanitarian action. moving across borders can be expected to also In 2012, the United Nations Secretary-General’s increase, including situations where “climate, report to the United Nations General Assembly on environmental degradation and natural disasters Human Rights and Migration predicted that, by 2050, up to 250 million people may be displaced by the effects of climate change.434 The impacts on humanity of any permanent displacement will be profound and prolonged – while many will lose 435 Allen, M., Babiker, M., Chen, Y., de Coninck, H., Connors, S., van Diemen, R. & Ferrat, M. (2018). Global warming of 1.5 C, summary their lives trying to find safety, millions will also for policy makers. Intergovernmental Panel on Climate Change, 6, 32. become alienated from their cultures, traditional 436 International Federation of the Red Cross and Red Crescent (2015). Climate change and the Red Cross and Red Crescent. November. https://www.climatecentre.org/downloads/files/1297200-IFRC- climate%20change%20report-EN-MD.pdf 437 Nishimura, L. (2015). ‘Climate Change Migrants’: Impediments to a 433 United Nations High Commissioner for Refugees (2020). Climate Protection Framework and the Need to Incorporate Migration into change and disaster displacement. https://www.unhcr.org/ Climate Change Adaptation Strategies. International Journal of climate-change-and-disasters.html Refugee Law. 434 Crépeau, F. & Atak, I. (2016). Global migration governance: 438 Ibid. Avoiding commitments on Human Rights, yet tracing a course 439 McAdam, J. (2011). Swimming against the tide: why a climate for cooperation. Netherlands Quarterly of Human Rights, 34(2), change displacement treaty is not the answer. International 113–146. Journal of Refugee Law, 23(1), 2–27.

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increasingly interact with the drivers of refugee for alleviating the losses and damages from movements.”440 climate change to Pacific nations.445 It is uncertain what level of global warming will occur and, consequently, so too is the extent of any related movement of persons.441 Attempts 9.2 to quantify the estimated number of people “are fraught with numerous methodological New Zealand context 442 problems and caveats”. Nor is the problem While this section is based on the New Zealand evenly spread. The Intergovernmental Panel on response, it is also primarily concerned with Climate Change (IPCC) Fifth Assessment Report challenges for climate change and disaster identified that displacement risks associated with displacement in the Pacific. As explained above, climate change are “regionally differentiated” there is currently no legal basis to recognise 443 and “unevenly distributed”. Large-scale climate-related mobility. However, New migration will mainly occur in the Global South Zealand, as a developed nation in the Pacific, and developing regions, with the Pacific at the has an interest and role to play with Pacific forefront of challenges in Asia-Pacific. island nations446 that are low-lying states and A 2018 report on disaster and displacement in the particularly vulnerable to sea level rise and Asia-Pacific by the IFRC noted that most climate extreme sea-level events such as storm surges.447 displacement occurs in the Asia-Pacific at present, Affected nations are also at risk of salt-water and much of that is in East Asia and involves contamination of fresh-water sources and cyclical weather events that cause internal salination of arable soil. These vulnerabilities displacement. On a per capita basis, the smaller mean many people in the Pacific may be Pacific island states have some of the highest displaced by climate change. rates of displacement in the world. In the future, The current government has looked at climate- these Pacific nations are likely to see permanent related migration in the Pacific as part of its 444 displacement due to sea level rises. While some refreshed approach to the Pacific islands, known temporary migration and limited humanitarian as the “Pacific Reset”. On 2 May 2018, a Paper programmes already exist between many Pacific went to the Environment, Energy and Climate island states and larger countries like New Committee of Cabinet, entitled Pacific climate Zealand’s Samoan Quota and Pacific Access change-related displacement and migration: a Category, these are not sufficient to manage the New Zealand action plan. The Paper “built a case movement of people, nor do they account for for early, calibrated and transparent New Zealand the kinds of cultural loss that could be suffered action on Pacific climate-related displacement through permanent relocation. Recent studies and migration”. The Paper recognised Pacific indicate that there remains no useful mechanism island countries’ expressed desire to have their people remain in their own countries but noted “there is more that New Zealand can do to assist Pacific island countries to adapt to the impacts 440 United Nations General Assembly (2018). Report of the United of climate change and prepare for internal or Nations High Commissioner for Refugees-Part II: Global Compact on Refugees. Also, see Weerasinghe, S. (2018 In cross-border climate migration”. As to the long- Harm’s Way: International protection in the context of nexus term actions, the Paper stated acting for Pacific dynamics between conflict or violence and disaster or climate change. UNHCR. December. https://www.unhcr.org/protection/ climate migration “would involve a long-term, globalconsult/5c1ba88d4/39-harms-way-international-protection- concerted policy effort across New Zealand context-nexus-dynamics-conflict-violence.html 441 Nishimura, L. (2015). ‘Climate Change Migrants’: Impediments to a agencies. Initial actions would sit within the Protection Framework and the Need to Incorporate Migration into Climate Change Adaptation Strategies. International Journal of Refugee Law. 442 Biermann, F. & Boas, I. (2010). Preparing for a Warmer World: Towards a Global Governance System to Protect Climate Refugees Global Environmental Politics 10(1), 67. 445 Nand, M. & Bardsley, D. K. (2020). Climate change loss and damage 443 Field, C. B. (ed.) (2014). Climate change 2014 – Impacts, adaptation policy implications for Pacific Island Countries. Local Environment, and vulnerability: Regional aspects. Cambridge University Press. 25(9), 725–740. 444 International Federation of the Red Cross and Red Crescent 446 Farquhar, H. (2015). Migration with dignity: towards a New Zealand (2018). Disasters and Displacement in a Changing Climate: The response to climate change displacement in the Pacific. Victoria Role of Asia Pacific National Societies. https://media.ifrc.org/ifrc/ University of Wellington Law Review, 46. wp-content/uploads/sites/5/2018/12/2018-IFRC-Climate-Change- 447 Field, C. B. (ed.) (2014). Climate change 2014 – Impacts, adaptation Disasters-Displacement-Report-LR.pdf and vulnerability: Regional aspects. Cambridge University Press.

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foreign policy and development portfolio, but through increased financial aid.452 The authors questions would inevitably arise around New of the study concluded that those opposed to Zealand’s domestic immigration settings”. The climate refugees correlated to (a) people with a Paper recommended “further consideration of general anti-egalitarian world view and (b) those immigration options, including any humanitarian who expressed economic concerns over cultural visa category, for instance, be addressed in this or social norms and values. longer-term approach”.448 On 15 May 2019, a Ministry of Business Innovation and Employment Briefing Paper went to Cabinet 9.3 seeking endorsement on a proposed immigration work programme to improve Pacific migration Legal basis for policies. With respect to climate-related environmental and displacement, the Paper noted it is a “possible … phase of work (likely post-2024), as indicated in climate migrants the Minister of Foreign Affair and Trade’s paper: Currently, international human rights Pacific climate change-related displacement law, including the Refugee Convention, and migration: a New Zealand action plan to complementary protection and the Statelessness investigate the need for, and design of, changes Convention, do not cover most climate-related to visa setting for people displaced by climate displacements. In most cases, individuals will change”.449 More recently, Australian researchers not fall under any of the existing agreements. have begun putting forward policy documents Accordingly, despite this looming crisis, that include an Australasian response and international law provides insufficient protection advocating for a Pacific Access visa, drawing from to those who will be forced to migrate, and it is existing categories in New Zealand such as the not clear what such protection should look like. Samoan Quota and Pacific Access Category.450 Climate and environmental displacement can be In September 2019, the Ministry for the considered in the following protection options Environment released A Framework for the (albeit in a limited capacity): National Climate Change Risk Assessment [NCCRA] for Aotearoa New Zealand. This NCCRA Framework ɠ a refugee or protected person claim acknowledges New Zealand will be affected by ɠ a humanitarian appeal against liability for international influences arising from climate deportation change, including climate-related migration and states that the “NCCRA and National Adaptation ɠ introduction of a specific visa category. Plan will, over time, need to adapt to these influences”.451 Refugee and protected person claims A recent academic survey found that New With the recognition in the Global Compact Zealanders were more supportive of climate on Migration that climate change is a driver refugee policies than of addressing these issues of migration, there are likely to be increased moves in the coming years to adjust refugee and protected people status to account for forced migration that is driven by climate change. New 448 Ministry of Foreign Affairs and Trade (2018).Pacific climate change- Zealand recognises its protection obligations related displacement and migration: A New Zealand Action Plan. https://www.mfat.govt.nz/assets/Uploads/Redacted-Cabinet- under the Immigration Act 2009, which provides Paper-Pacific-climate-migration-2-May-2018.pdf 449 Ministry of Business, Innovation and Employment (2018). Final that an individual can be granted refugee or Cabinet Paper proposed immigration work programme to improve protected person status, assuming they can Pacific Migration. https://www.mbie.govt.nz/assets/897e7e39bc/ final-cabinet-paper-proposed-immigration-work-programme-to- establish they meet the requisite tests.453 improve-pacific 450 McAdam, J. & Pryke, J. (2020). Climate Change, Disasters and Mobility: A Roadmap for Australian Action. Kaldor Centre for International Refugee Law. Policy Brief 10. https://uploads.guim. co.uk/2020/10/21/Policy_brief_10_Climate_Change.pdf 452 Stanley, S. & Williamson, J. (2021). Attitudes towards climate 451 Ministry for the Environment (2019). A Framework for the National change aid and climate refugees in New Zealand: an exploration Climate Change Risk Assessment for Aotearoa New Zealand. https:// of policy support and ideological barriers. Environmental www.beehive.govt.nz/sites/default/files/2019-09/National%20 Politics. Pre-publication. https://www.tandfonline.com/doi/ Climate%20Change%20Risk%20Assessment%20Framework%20. full/10.1080/09644016.2021.1892982?scroll=top&needAccess=true pdf 453 Immigration New Zealand (2009). Immigration Act.

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The most relevant legal precedent remains the In addition to refugee status, New Zealand case Teitiota v Chief Executive of the Ministry has “protected person status”, a form of of Business, Innovation and Employment.454 Mr “complementary protection” (complementary Teitiota applied for refugee status based on protection is used to describe the situation changes to the environment in Kiribati caused by where an individual is not protected by the sea-level rise and storms associated with climate Refugee Convention, but nonetheless requires change. In 2015, Teitiota and his family were sent protection under another international human back to Kiribati by the New Zealand government rights instrument). In New Zealand, the after his refugee and protection claims were Immigration Act provides a person will be granted unsuccessful. “protected person status” if they are at risk of arbitrary deprivation of life, or cruel, inhuman, While the Immigration and Protection Tribunal or degrading treatment, or at risk of torture, (IPT) acknowledged natural disasters and if deported from New Zealand. However, the environmental degradation can involve level of harm required to establish a protected significant human rights issues, there was no person claim is essentially the same as that in a acceptance in this case that the environmental refugee claim.457 conditions were such that Mr Teitiota’s life would be in jeopardy or he would live without dignity, Humanitarian appeal if returned. Nor was there any evidence that the harm that would be caused to him was related It is also possible for a person to appeal their to one of the Convention grounds (race, religion, liability against deportation on humanitarian nationality, membership of a particular social grounds to the IPT. In such appeals, liability group or political opinion). The Tribunal decision will be cancelled if the appellant can establish was upheld by the High Court, Court of Appeal they have “exceptional circumstances of a and Supreme Court. This decision marked the first humanitarian nature” such that it would be time New Zealand’s higher courts considered the “unjust or unduly harsh to deport the appellant”, issue of “climate refugees”. and that it is not contrary to the public interest to allow the appellant to remain in New Zealand.458 After being deported from New Zealand, Mr The IPT has accepted that exposure to the impacts Teitiota took his case to the United Nations of natural disasters, including climate change, can Human Rights Committee. The majority be considered as part of the context of a decision, response found that while Mr Teitiota did not but not determinative. However, while climate sufficiently demonstrate the imminent nature change is a factor that may be considered, at this of the threat posed by effects of climate change, stage it appears the impacts of climate change it acknowledged the impact of climate change alone will not be sufficient.459 needed to be considered before deporting an asylum seeker. The committee found that, in the Introduction of a specific visa category future, the effects of climate change may trigger the non-refoulement obligations of sending New Zealand does not have a visa category states.455 This ruling put countries on notice specific to those affected by climate change. that the situation was under review and that While in 2017 there were discussions about nations should adopt appropriate policies around New Zealand introducing “an experimental maintaining the right to life with dignity, or courts humanitarian visa” category for people from may need to step in.456 Pacific islands displaced by the effects of climate change, New Zealand is not currently pursuing this option. These “climate refugee” visas plans were dropped because Pacific island leaders

454 Teitiota v Chief Executive of the Ministry of Business Innovation and Employment (2013). New Zealand High Court. 455 Lyons, K. (2020). Climate refugees can’t be returned home, says landmark UN human rights ruling. The Guardian. 20 January. https://www.theguardian.com/world/2020/jan/20/climate- 457 See AC (Syria). (2011). NZIPT 800035, New Zealand: Immigration refugees-cant-be-returned-home-says-landmark-un-human- and Protection Tribunal, 27 May. https://www.refworld.org/ rights-ruling cases,NZ_IPT,4e0485582.html 456 United Nations Human Rights Committee (2020). Views adopted 458 Immigration New Zealand (2009). Immigration Act. s207. by the Committee under article 5 (4) of the Optional Protocol, 459 AD (Tuvalu), (2014). NZIPT 501370-371, New Zealand: Immigration concerning communication No. 2728/2016. January. https://www. and Protection Tribunal, 4 June. https://www.refworld.org/ refworld.org/cases,HRC,5e26f7134.html cases,NZ_IPT,585152d14.html

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did not want them. Instead, these leaders the provision of Movement services in increasing called on the New Zealand government to complex disasters, and protracted crises and will institute a stepwise approach: reduce emissions, be key focuses within the International Red Cross support adaptation efforts, provide legal and Red Crescent Movement Strategy 2030. The migration pathways, and finally, if all fails, grant Movement’s Green Response Working Group – refugee status.460 chaired by the Swedish Red Cross – has also been working to make sure that the internal policies of participating National Societies are sustainable. 9.4 The 2020 Red goes Green report is the latest overview of how the organisation implements The International Red sustainability policies.462 Cross and Red Crescent The regional implementation of global Movement strategies is also highlighted in the Asia Pacific Movement policy Migration and Displacement Framework for and role in relation to Action.463 This framework is a high-level approach, but in combination with the 2018 IFRC Climate environmental and Change Disasters and Displacement Report,464 climate migrants cited in the international context above, shows the already established links between Climate change has already taken a central place international approaches, regional networks in the International Red Cross and Red Crescent and the activities of National Societies. The Asia Movement over the previous decade with climate Pacific Regional Office is currently finalising change considered to be a risk multiplier in many a guide to planned relocation of Asia Pacific high level IFRC and International Committee national societies. of the Red Cross strategies and documents, The Asia Pacific Migration Network (APMN) plays establishment of the dedicated Red Cross Climate a key regional role for Red Cross and Red Crescent 461 Centre and the recent Climate:Red Summit. National Societies in responding to the migration At the international level, the IFRC Climate, challenges in the region, as well as anticipating Migration and Resilience Unit within the future migration issues related to climate change Disasters, Climate and Crises (Prevention, and environmental degradation.465 These types Response and Recovery) Department in Geneva, of regional networks will be essential to both Switzerland, working via regional IFRC offices, responding to the movement of people as well provide technical support and guidance to the as developing the communication and advocacy National Societies dealing with migration and skills to highlight the risk and help these countries displacement. New tools and structures are being engage in preventive behaviours and policy put in place to show the links between migration, changes. At present New Zealand Red Cross is a health, climate and displacement including a co-lead of the APMN Climate Change, Migration new training resource on climate and migration and a newly launched Migration Lab hosted by Australian Red Cross. Another strength of this 462 Hartilus, J. (2020). Red Goes Green Barriers and enablers for work is in the Red Cross International Disaster effectively greening practices and strengthening environmental sustainability across the International Red Cross and Red Crescent Law team who are focussed on prevention Movement. December. https://www.rodakorset.se/globalassets/ of, and preparation for responses to, disaster. rodakorset.se/dokument/om-oss/fakta-och-standpunkter/ rapporter/red-goes-green_report_2020.pdf Migration, inequality and climate change are 463 International Federation of the Red Cross and Red Crescent Asia also recognised to be central drivers influencing Pacific (2018). Migration and Displacement: Framework For Action Reducing Vulnerability, Enhancing Resilience | 2017–2022. http:// media.ifrc.org/wp-content/uploads/sites/5/2018/06/2018-IFRC-AP- Migration-Displacement-Framework-LR.pdf 464 International Federation of the Red Cross and Red Crescent (2018). Disasters and Displacement in a Changing Climate: The 460 Dempster, H. & Ober, K. (2020). New Zealand’s ‘Climate Refugee’ Role of Asia Pacific National Societies. https://media.ifrc.org/ifrc/ Visas: Lessons for the Rest of the World. Center for Global wp-content/uploads/sites/5/2018/12/2018-IFRC-Climate-Change- Development. https://www.cgdev.org/blog/new-zealands-climate- Disasters-Displacement-Report-LR.pdf refugee-visas-lessons-rest-world 465 Asia Pacific Migration Network (2019). General Meeting Report, 461 See the website, hosted by the Netherland Red Cross and the 25 July 2019, Bangkok, Thailand. https://www.rcrc-resilience- International Federation of the Red Cross and Red Crescent southeastasia.org/wp-content/uploads/2019/10/APMN-AGM-2019- https://www.climatecentre.org Full-Length-Report.pdf

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and Displacement group in the stream focussed also feeds into the London School of Economics on Knowledge and experience exchange, and Climate Laws database as part of the Grantham Capacity Strengthening Initiatives stream. Research Institute on Climate Change and the Environment which is part of the Flood Resilience From a New Zealand perspective, the Alliance Aotearoa Project. Another example is International Red Cross and Red Crescent the development of the New Zealand Red Cross Movement has been noted in a recent report Statement of Intent to Respond to Climate Change for the Ministry of Foreign Affairs and Trade on and the establishment of the Red Cross Green Climate Change and Disaster Risk Reduction Team to progress climate change action within for the role of the IFRC and National Societies the organisation. in highlighting how different communities experience disasters and disaster preparation in different ways.466 New Zealand Red Cross signed off on a statement 9.5 of intent noting that climate change was the Environmental scan: single greatest threat to the livelihood, security and well-being of people in the Pacific. The who is doing what in statement noted that more work must go into relation to environmental supporting vulnerable communities affected by climate change as well as building community and climate migrants resilience.467 The core aims of New Zealand Red As highlighted above, climate-related migration Cross approach to Strategy 2030 are strongly is extremely complex and occurring on a vast linked to climate change and migration in the scale. There are therefore many agencies working following ways: in the area, both internationally, regionally and ɠ reducing vulnerability and enhancing resilience domestically. Given that, this is just a summary of of temporary migrants the key agencies and groups involved. ɠ offering a practical way to strengthen community connection to people affected by International climate change Internationally, multiple United Nations agencies are involved in examining these issues, such ɠ diversifying Red Cross membership in New as the United Nations High Commissioner for Zealand and creating stronger connections to Refugees and the International Organisation for the Pacific. Migration. The latter is particularly active in the New Zealand Red Cross has a unique chance to Pacific in the area of climate and disaster-related directly link migration, inequality and climate mobility. For example, it assisted Vanuatu to change in advocacy work that spans strategic draft its 2018 National Policy on Climate Change priorities of migration, disaster risk management and Disaster Induced Displacement. The United and international programmes. For example, Nations Human Rights Committee has also New Zealand Red Cross agreed to work with recently ruled, as noted in the Teitiota case, that the Flood Resilience Alliance Aotearoa project, governments must consider the human rights including reviewing policy work to review gaps in violations that can be caused by the climate legislation and community resilience work that crisis when considering deportation and non- can prevent cyclical displacement.468 This work refoulement of individuals. In 2012, the Nansen Initiative was set up to look specifically at people displaced due to 466 Hay, J.E, Manley, M., Lal, P., Bennett, C., Chong, J., Campbell, J. natural hazards, including climate change. The & Thorp, W. (2018). Climate Change and Disaster Risk Reduction: Research Synthesis Report. Submitted to the New Zealand Ministry initiative was a bottom-up, state-led consultative of Foreign Affairs and Trade.https://www.mfat.govt.nz/assets/Aid- Prog-docs/Research/Climate-Change-and-DRR-Synthesis-Report- process that conducted extensive regional Final-v6.4.pdf intergovernmental consultations and civil 467 New Zealand Red Cross (2019). Statement of Intent: Responding to Climate Change. https://www.redcross.org.nz/documents/574/ society meetings, the first of which was held in Statement_of_Intent_Climate_Change_FINAL.pdf 468 Flood Resilience project (2020). New Zealand. https:// Rarotonga in 2013. The focus was on building floodresilience.net/countries#newzealand

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consensus among states on the principles that to “Minimize the adverse drivers and structural would underlie a soft-law protection agenda factors that compel people to leave their country going forward.469 of origin” and explicitly references climate change and disasters as a driver of migration. During a Global Consultation in October 2015, 109 government delegations endorsed the Nansen New Zealand Initiative’s “Protection Agenda”. The Agenda offers states a “toolbox” to better prevent and prepare While there are many groups in New Zealand for displacement before a disaster strikes and working on climate change and migration to better respond to situations when people are separately, it is rare for any one group to combine forcibly displaced, either within their own country an interest in the two. At the same time, there or across an international border. It recommends, has also been a flourishing in reports, theses and among other things, that states ensure there studies that seek to anticipate the impacts of are appropriate laws and policies in place to climate change on the Pacific, with a special focus address the needs of internally and cross-border on displacement. In 2018, Oxfam held a series of displaced persons.470 Its successor, the Platform public meetings around the country – Readying on Disaster Displacement, has been assisting the Waka: New Zealand’s Response to Climate states to implement the Protection Agenda which Change-Induced Displacement in the Pacific – has led to the development of regional guidance, on climate displacement featuring a range of endorsed by states in Latin and South America. speakers including Evelyn Marsters, Teanau It is currently examining the scope for similar Tuiono (now a Green Party MP) and Nathan development in the Pacific. Ross. Ross has also recently graduated with a PhD focused on self-determination and climate The United Nations Framework Convention change induced migration.473 Previously, climate- on Climate Change’s (UNFCCC) 21st session of focused groups like 350 Aotearoa have included the Conference of the Parties (COP 21) adopted issues of displacement to highlight the need for the Paris Agreement which in its preamble more climate action with a faux-refugee camp set acknowledges that “…climate change is a up outside one ANZ bank branch in 2015.474 common concern of humankind, Parties should, when taking action to address climate change, Within parliament, the Green Party has been respect, promote and consider their respective relatively active: the idea of the humanitarian visa obligations on human rights […] (and that specifically for those in the Pacific affected by of) migrants […].”471 The Parties mandated climate change came from the party475 and they the Warsaw International Mechanism for Loss also led the public explanation in the previous and Damage to establish the Taskforce on government as to why it would not take place.476 Displacement to “develop recommendations for integrated approaches to avert, minimize and address displacement related to the adverse impacts of climate change”.472 The 2018 Global Compact for Safe, Orderly and Regular Migration (GCM) is the first inter- governmentally negotiated agreement, prepared under the auspices of the United Nations. It holistically addresses all dimensions of international migration by means of 23 objectives, 473 Ross, N. (2020). Low-Lying States, Climate Change-Induced followed by a range of actions. Objective 2 refers Relocation, and the Collective Right to Self-Determination. PhD dissertation. https://nathanrossconz.files.wordpress. com/2020/02/nathan-jon-ross-phd-thesis-final.pdf 474 350 Aotearoa (2015). Future Climate Refugee Camp. 25 September. https://www.scoop.co.nz/stories/PO1509/S00338/future-climate- 469 Philip, T. (2018). Climate change displacement and migration: An refugee-camp.htm analysis of the current international legal regime’s deficiency, 475 Ministry of Foreign Affairs and Trade (2018).Pacific climate change- proposed solutions and a way forward for Australia. Melbourne related displacement and migration: A New Zealand Action Plan. Journal of International Law. 19. https://www.mfat.govt.nz/assets/Uploads/Redacted-Cabinet- 470 Ibid. Paper-Pacific-climate-migration-2-May-2018.pdf 471 Decision 1. CP/21 FCCC/CP/2015/10/Add.1 (29 January 2016) 476 Dempster, H. & Ober, K. (2020). New Zealand’s ‘Climate Refugee’ At: https://unfccc.int/resource/docs/2015/cop21/eng/10a01. Visas: Lessons for the Rest of the World. Center for Global pdf#page=2. Accessed 7 March 2021. Development. https://www.cgdev.org/blog/new-zealands-climate- 472 Para 49. refugee-visas-lessons-rest-world

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cross-border climate displacement. Specifically, 9.6 the Pacific leaders’ views that they do not want What are the to migrate and that this must be a last resort has meant that the issue is now rarely talked about, needs and gaps? though it has been suggested that enhancing pathways under existing migration schemes Despite the challenges of climate and may be the best way forward.477 For example, environmental migration exacerbated by climate Bruce Burson and Richard Bedford, in a report change, New Zealand Red Cross is uniquely commissioned by the Nansen Initiative has placed at the intersection of Disaster Risk suggested a “cluster” or “hub” approach, which Management (DRM), International Programmes looks at existing migration links between states (including our connection to National Societies (such as the links between New Zealand and in Asia-Pacific) and our Migration Programmes. certain Pacific states) and argues that responses These connections have already been made in to climate migration could be at a bilateral or internal New Zealand Red Cross and international regional level rather than global level.478 If any IFRC strategies, which are now being supported advocacy or research was to be done in this by programmes such as the Flood Resilience area, it would need to be in concert with other Alliance Aotearoa, and through Red Cross Climate proactive climate change prevention work. Centre delegates. For work in this area to be successful, due to the There is currently a lack of explicit climate disaster complexity and long-term needs, New Zealand and migration scenarios and examples to help Red Cross would need to find stronger ways to the New Zealand public to understand the local work collaboratively so efforts are not doubled effects of climate change. In the communication up. This need for collaboration is particularly and research function, especially within the New important when we consider that climate change Zealand Red Cross Green Team, these techniques is both a multiplier of existing disasters, as well as could help draw out the challenges of climate and creating new disasters such as sea-level rise. environmental migration for New Zealand. Offering these scenarios for internal displacement in New One key and emerging challenge is that those Zealand would help climate and environmental displaced by climate change in New Zealand are migration to be seen as local issues affecting the not yet fully recognised as needing protection. rights of New Zealanders to access shelter, safe While there have been advances, such as the food and water and the sustained provision of focus on climate change in the Global Compact on essential services. Migration, the protection frameworks have not yet been fully established across legal mechanisms. While there is plenty of public discussion on This lack is exacerbated by the complexity of the “climate refugees”, this often focuses on a problem, the rapidly evolving situations and the catastrophic scenario that overshadows the fact that migration remains a contentious public realpolitik of dealing with already existing issue for many. movements of people. The extreme “climate refugee” scenarios rarely touch on the actual This issue is not New Zealand-specific, as no migration issues – the majority of which are clear mandate or consensus has been reached currently internal – with a humanitarian lens. on how to best manage climate-related migrants. While the New Zealand Red Cross could be However, given the complexity of the problem, well placed to do that kind of work through, it is not at all clear how best to approach any for example, the Climate Centre, it is worth discussing how this could be collaborative with other climate-related NGOs. It is also worth considering how other NGOs, especially INGOs, 477 Philip, T. (2018). Climate change displacement and migration: An may be developing resources and working on this analysis of the current international legal regime’s deficiency, proposed solutions and a way forward for Australia. Melbourne as part of their own internal focus. Journal of International Law. 19. 478 Burson, B. & Bedford, R. (2013). Clusters and Hubs: toward a With the demise of the Climate Change visa regional architecture for voluntary adaptive migration in the Pacific. https://www.pacificclimatechange.net/sites/default/ there also appears to be little public appetite files/documents/DP_Clusters_and_Hubs_Toward_a_Regional_ Architecture_for_Voluntary_Adaptive_Migration_in_the_Pacific. for discussing migration as part of a response to pdf

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resolution. Nor will it be possible to find a “one size fits all” solution. One option for meeting this need is to revise the Refugee Convention to include climate-related RIGHT: The Bangladesh 479 Red Crescent Society's displacement. The main advantage for such an community centre in Cox's amendment is that the framework already exists – Bazar, Bangladesh, offers both in terms of the jurisprudence (the human rights women at risk and who framework) and the legal infrastructure (including have experienced violence to meet in a safe place with international and national decision-making bodies, other women who have legislation and other legal instruments). lived similar experience. The centre teaches women to sew However, there are several reasons not to amend and make finishing next. The the definition. Extending the definition of refugee camps of Cox's Bazar hosts internationally is not recommended by the close to 1 million people who have fled violence from UNHCR because the organisation is already under Rakhine State, Myanmar. significant pressure dealing with 22.5 million refugees that clearly fall within its ambit.480 Also, while the Convention is widely ratified, it is not being implemented as effectively or fairly as it could be. While the international community has recently agreed that states should take collective responsibility, this agreement is not legally binding. In such circumstances, amending the definition could be problematic. Another alternative lies in the tools developed by the Nansen Initiative. The focus there was on building consensus among states on the principles that would underlie a protection agenda going forward.481 As noted above, a Protection Agenda was developed in October 2015. While the Nansen Initiative has ended, the Platform on Disaster Displacement has picked up where it left off. Enhancing existing migration schemes may also assist in avoiding the negative impacts of migration that can stem from emergency mass movements.482 For example, negative impacts can arise if the receiving communities are unprepared to absorb large numbers of migrants, and, conversely, more positive impacts occur when migration is voluntary and planned strategy.483

479 Philip, T. (2018). Climate change displacement and migration: An analysis of the current international legal regime’s deficiency, proposed solutions and a way forward for Australia. Melbourne Journal of International Law, 19, 639. 480 Fiennes, L. (2019). New Zealand’s Climate Refugee Visa, a Framework for Positive Change. Honours dissertation. University of Otago. 481 McAdam, J. (2011). Swimming against the tide: why a climate change displacement treaty is not the answer. International Journal of Refugee Law, 23(1), 2–27. 482 Martin, S. (2010). Climate change, migration, and governance. Global Governance, 397–414. 483 Ibid.

90 MIGRATION SCOPING REPORT 10. TRAFFICKING AND MODERN SLAVERY © Elodie B erthe / IFRC

the past five years, human traffickers exploit 10. domestic and foreign victims in New Zealand.”487 Media stories, NGO reports and legal cases have Trafficking and also demonstrated there are cases of people being trafficked in New Zealand, though the modern slavery government has downplayed the extent of these occurrences.488 Globally this is an area Red While statistics are scarce, researchers at the Cross Red Crescent National Societies are often Walk Free Foundation estimate 45.8 million involved in. For example, Australian Red Cross people are subject to some form of modern has a programme working with people who have slavery, with 71 per cent being women and girls. been trafficked. To date, New Zealand Red Cross Africa has the highest prevalence of modern has had no engagement in this space except slavery, followed by Asia and the Pacific.484 on the fringes of Pathways to Employment Included in these statistics are 25 million people where labour violation concerns are referred to who have been trafficked.485 Following COVID-19, Labour Inspectors. these estimates are expected to increase.486 With only two trafficking prosecutions, The extent of human trafficking and modern it is difficult to assess New Zealand’s slavery in New Zealand is highlighted in the implementation of the plan for protection of USA’s Department of State 2020 Trafficking in victims. The reasons for a lack of prosecutions Persons Report, which notes, “As reported over are wide and varied, from a lack of resourcing to monitor, investigate and prosecute, to the unwillingness of those exploited to report and 484 Walk Free Foundation (2018). The Global Slavery Index 2018. the fact that the victims often get deported/ https://www.globalslaveryindex.org/resources/downloads; International Labour Organisation (2016). Global Estimates of are overseas and cannot testify easily. The Modern Slavery. https://www.ilo.org/wcmsp5/groups/public/--- pragmatic approach taken by the Crown then dgreports/---dcomm/documents/publication/wcms_575479.pdf 485 United States of America Department of State (2020). 2020 Trafficking in Persons Report. https://www.state.gov/reports/2020- trafficking-in-persons-report 486 Szablewska, N. (2020). Human Trafficking and Modern Slavery 487 United States of America Department of State (2020). 2020 in a Time of COVID-19. In Georgeou, N., & Hawksley, C. (eds) Trafficking in Persons Report. https://www.state.gov/reports/2020- State Responses to COVID-19: A Global Snapshot at 1 June 2020. trafficking-in-persons-report/new-zealand https://researchdirect.westernsydney.edu.au/islandora/object/ 488 See, for example, Keogh, B. (2019). ’Human trafficking in NZ: uws%3A56288/datastream/PDF/download/citation.pdf Government accused of having ‘its head in the sand. Stuff.26 June.

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leads to other charges being pursued that fall if they seek assistance.494 Furthermore, victims short of trafficking or modern slavery. may struggle to access support because of language barriers, isolation, coercion, fear of Modern slavery, contrasted with more colloquial authorities, cultural barriers and unawareness understandings of slavery, is possessing or of how or where to find help.495 controlling another person for your own benefit or to make a profit.489 This extreme exploitation is as opposed to the imagery of slavery in colloquial use but can be just as difficult to get 10.1 accurate figures on, due to its hidden place in global supply chains. The international context Much of the dialogue around trafficking The trafficking of persons is an industry that concerns issues of border security, and not continues to thrive despite the international human safety. The issue has usually been and regional state responses and conventions. framed as criminal, rather than a human rights Since the 1990s, the agreements and legislation breach, and the effect of this has been to reduce have become more comprehensive in response the protections available for victims and to to rising numbers.496 In 2003, the United Nations focus on the prevention and prosecution of published the most significant response to criminal networks. One of the main sources the issue, known colloquially as the Palermo for information on trafficking comes in the Principles. These principles comprise the United form of the USA Department of State,490 though Nations Convention against Transnational there have been recent conflicts over whether Organized Crime and two accompanying criticisms from that source are accurate and New protocols: the Protocol to Prevent, Suppress Zealand does maintain a tier-one ranking.491 and Punish Trafficking in Persons, Especially Women and Children and the Protocol against Human trafficking and modern slavery are the Smuggling of Migrants by Land, Sea and Air hidden crimes and many of these crimes remain (most of which were drafted and agreed in 2000 unreported, meaning statistics around these and became effective in 2003/4). The gendered issues are highly under-representative.492 Since basis of much international discourse on 2009, there have been 51 recorded victims trafficking can lead to a public misconception that of trafficking within New Zealand but the trafficking for sexual exploitation is the only form government acknowledges that there are likely of human trafficking, or that trafficking solely more victims yet to be identified.493 Because affects women. However, trafficking is a broad there is often a degree of consent involved – term and includes forced marriage and labour especially in cases where visas and residency exploitation, the latter of which also affects men are likely to be earned – victims may not know in a significant proportion. that they will be protected rather than punished The Palermo Principle documents have been the foundation for subsequent bilateral agreements, regional treaties and other state responses. In 489 Stringer, C. (2017). Christina Stringer: Why NZ needs a Modern Slavery Act. New Zealand Herald. 3 July. https://www.nzherald. 2004, a whole-of-government response was co.nz/nz/christina-stringer-why-nz-needs-a-modern-slavery- act/6FJJRZNVUSI2RMGNOOBQLZEBCQ launched by the Australian government, followed 490 United States of America Department of State (2019). 2019 by the first National Action Plan to Combat Trafficking in Persons Report: New Zealand. https://www.state. gov/reports/2019-trafficking-in-persons-report-2/new-zealand Human trafficking and Slavery 2015–2019. In 491 Keogh, B. (2019). Human trafficking in NZ: Government accused 2016, the Australian government established the of having ‘its head in the sand’. Stuff.https://www.stuff.co.nz/ national/crime/113722839/human-trafficking-in-nz-government- Migrant Workers Task Force to protect vulnerable accused-of-having-its-head-in-the-sand; Tan, L (2019). NZ Government failing in anti-trafficking duties: US State Department annual report. New Zealand Herald. https://www.nzherald.co.nz/ nz/nz-government-failing-in-anti-trafficking-duties-us-state- department-annual-report/TXDV475UD2H5E3NYZE4OVS2UA4 494 Immigration New Zealand (n.d.). People trafficking. https://www. 492 United States of America Department of State (2019). Trafficking immigration.govt.nz/about-us/policy-and-law/integrity-of-the- in Persons Report June 2019. https://www.state.gov/wp-content/ immigration-system/people-trafficking uploads/2019/06/2019-Trafficking-in-Persons-Report.pdf 495 Department of Labour (2009). Plan of Action to Prevent People 493 Ministry of Business, Innovation & Employment (2020). Combating Trafficking. https://www.immigration.govt.nz/documents/about- Modern Forms of Slavery: Draft Plan of Action against Forced us/plan-of-action-to-prevent-people-trafficking.pdf Labour, People Trafficking and Slavery 2020–25. https://www.mbie. 496 McNevin, A. (2014). Forced Migration in Australia, New Zealand, govt.nz/dmsdocument/11888-draft-plan-of-action-against-forced- and the Pacific. In The Oxford handbook of refugee and forced labour-people-trafficking-and-slavery migration studies.

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workers. This work was followed by the Inquiry into Establishing a Modern Slavery Act in 2017 10.2 and the introduction of the Modern Slavery New Zealand context Bill in 2018.497 In New Zealand, concerns about irregular Regionally, the Bali Process (formed in 2002) is migration have resulted in a range of responses the major platform in place to coordinate states’ beyond legislation, including participation in responses to the irregular movement of people regional migration initiatives and changes to across borders. In New Zealand, concerns about legislation. The country plays an active role in the irregular migration have resulted in a range of “Bali Process on People Smuggling, Trafficking responses including participation in regional in Persons and Related Transnational Crime”’ migration initiatives and changes to legislation. regional dialogue, but many of the actions The Bali Process focuses on information sharing, have largely been focused on deterring asylum building capacity among its 49 members, seekers from arriving via people smuggling.502 developing policy guides and achieving regional Alongside Malaysia, New Zealand is the co-chair consensus on policy. The Process aims to of the Working Group on the Disruption of People contribute “to the eradication of trafficking in Smuggling and Trafficking in Persons Networks. persons, forced labour, modern slavery and the New Zealand has also been an active member worst forms of child labour.”498 in the Joint Period of Action exercises, the most The United Nations, via the Office of the High recent in 2018.503 These responses have been Commissioner of Human Rights (OHCHR), has considered as largely reactive and, like many agreed on a set of guiding principles on Business other states, have focused primarily on deterrence and Human Rights.499 This work has helped over the protection of victims.504 to centre business in discussions about their Researchers in the field have tended to see responsibilities on human rights in addition to a lack of proactive steps in New Zealand to those of states and individuals. address issues of smuggling and trafficking. International finance is another key sector High-profile cases include the exploitation of in opposing the exploitation of migrants and Filipinos workers during the Canterbury rebuild, modern slavery. Numerous nations and finance academic research on the fishing industry and groups have worked alongside the Finance coverage of high-profile fishing exploitation Against Slavery and Trafficking (FAST) to create when workers have walked out on arrival,505 the Liechtenstein Initiative which incorporates numerous liquor store workers,506 and Chorus five goals.500 Citigroup has also been a leader broadband subcontractors.507 While these public in the financial sector in working with a raft of exposures have led to legislative changes, the International Labour Organisation and United Nations frameworks on finance and human rights, both within their organisation and with 502 Curley, M. & Vandyk, K. (2017). The securitisation of migrant 501 smuggling in Australia and its consequences for the Bali their clients. Process. Australian Journal of International Affairs, 71(1), 42–62. 503 Bali Process on People Smuggling, Trafficking in Persons and Related Transnational Crime (2018). Co-chairs Statement, Senior Officials’ Meeting. 504 Stringer, C. (2016). Worker exploitation in New Zealand: a troubling landscape. Prepared for the Human Trafficking Research 497 Stringer, C. & Michailova, S. (2019). Addressing the Exploitation of Coalition; Carville, O. (2016). Exposed: The dark underbelly of Temporary Migrant Workers: Developments in Australia, Canada, human trafficking in New Zealand.New Zealand Herald. https:// and the United Kingdom. www.nzherald.co.nz/nz/exposed-the-dark-underbelly-of-human- 498 Bali Process (2018). Declaration Of The Seventh Ministerial trafficking-in-new-zealand/4WLQWPUXXOCMIOTQQF4K44HB64 Conference Of The Bali Process On People Smuggling, Trafficking 505 Stringer, C. (2016). Worker exploitation in New Zealand: a troubling In Persons And Related Transnational Crime (Bali Process). https:// landscape. Prepared for the Human Trafficking Research Coalition. www.baliprocess.net/UserFiles/baliprocess/File/BPMC%207%20 506 Piper, D. (2020). Worker exploitation: Auckland bottle store Ministerial%20Declaration-Final(2)(2).pdf ordered to pay $46,000. Stuff.24 December. https://www.stuff. 499 Office of the High Commissioner of Human Rights (2011). co.nz/business/300192174/worker-exploitation-auckland- Guiding Principles on Business and Human Rights: Implementing bottle-store-ordered-to-pay-46000; Kilgallon, S. (2021). Thirsty the United Nations ‘Protect, Respect and Remedy. Framework’. Liquor Tokoroa loses licence after ‘systemic’ non-compliance 16 June. https://www.ohchr.org/documents/publications/ with labour laws. Stuff.10 February. https://www.stuff.co.nz/ guidingprinciplesbusinesshr_en.pdf business/124197155/thirsty-liquor-tokoroa-loses-licence-after- 500 United Nations University (2019). A Blueprint for Mobilizing systemic-noncompliance-with-labour-laws Finance Against Slavery and Trafficking. September. https://www. 507 Foxcroft, D. (2019). Chorus blacklists sub-contracting companies fastinitiative.org/the-blueprint/download-report after scathing report into migrant exploitation.Stuff. 8 October. 501 Citigroup (2018). Statement on Human Rights. November. https:// https://www.stuff.co.nz/business/116371860/chorus-blacklists- www.citigroup.com/citi/citizen/data/citi_statement_on_human_ subcontracting-companies-after-scathing-report-into-migrant- rights.pdf?ieNocache=62 exploitation

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reactive approach has undermined New Zealand’s commitment to preventing these crimes.508 10.3 One key change in onshore attitudes to modern Legal basis for combating slavery is that businesses maintain a risk if their subcontractors are exploiting workers, even if human trafficking and businesses do not know about it.509 Trafficking of modern slavery people into labour exploitation in New Zealand has been identified in multiple industries In New Zealand, there is no one statute that deals including construction, dairy, fishing, hospitality, specifically with anti-trafficking. To comply with international students and prostitution.510 obligations under the Palermo Principles, in 2002, So far, there have only been two people- New Zealand made changes to the Crimes Act, trafficking prosecutions in New Zealand. The Prostitution Reform Act, and Immigration Act. Employer Investigation Unit, part of the Ministry As there is no specific Anti-Trafficking Statute, of Business, Innovation and Employment (MBIE) different Acts are required to be read together Migrant Exploitation Prevention Strategy, was which has resulted in a lack of clarity for ruling 513 responsible for the first trafficking conviction judges. The maximum penalty for trafficking in with over 5,000 hours put into the investigation people is 20 years imprisonment and a $500,000 that resulted in the first conviction.511 A former fine, which is equivalent to a murder conviction. Immigration New Zealand Trafficking in Persons Similar obligations to allow New Zealand programme manager has said cases of trafficking companies to export are being developed around have been prosecuted under different legislation the world and, even though these are not New in an effort to secure a conviction, noting: “We Zealand law, will have business improving don’t want to get caught up in laying people their standards to comply. For example, at the trafficking charges when the end goal is to put the moment, the EU has committed to implementing perpetrator behind bars.”512 a Mandatory Due Diligence reporting law, derived 514 March 2021 saw a two-day conference in from the Guiding Principles of the OHCHR, Wellington that began with the delivery of a which will place requirements on New Zealand letter to the Minister of Workplace Relations with companies doing business in the European 515 a focus on banning modern slavery through a Union. Though it has been in draft stage for Modern Slavery Act, with particular focus on seven years, there is still progress on the United supply side issues – both in New Zealand and Nations’ binding treaty on business and human overseas. Included in this conference were unions, rights, which may also form part of the trans- NGOs, MBIE, industry representatives – such as national corporations and other businesses who 516 Chorus, the NZ Super Fund and DB Breweries – operate from and within New Zealand. and academics. The New Zealand Plan of Action to Prevent People Trafficking (Plan of Action) was developed in 2009 with a whole-of-government approach to meet obligations under the Palermo Principles. The initiative was led by the Department of Labour (which merged with three other Departments

508 Stringer, C. (2016). Worker exploitation in New Zealand: a troubling landscape. Prepared for the Human Trafficking Research Coalition. 509 See the case of Chorus, for example, as described in Martin Jenkins 513 Thorburn, N. (2017). Practitioner knowledge and responsiveness (2019). Independent review of Chorus’ Next Generation Network to victims of sex trafficking in Aotearoa/New Zealand. Women’s Connection Contracting Model. April. https://www.martinjenkins. Studies Journal, 31(2). co.nz/assets/Uploads/Client/Final.Independent.Review.of.Chorus. 514 Business and Human Rights Resource Centre (2020). Towards EU Contracting.Model-April.2019.pdf Mandatory Due Diligence Legislation: Perspectives from Business, 510 Ibid. Public Sector, Academia and Civil Society 11 November. https:// 511 Ministry of Business, Innovation and Employment (2017). Briefing www.business-humanrights.org/en/from-us/briefings/towards- for the Incoming Minister of Immigration.; Carville, O. (2016). eu-mandatory-due-diligence-legislation Guilty: First human trafficking convictions in New Zealand. New 515 Evans, A. (2020). Kiwi firms urged to address any human rights Zealand Herald. https://www.nzherald.co.nz/nz/news/article. abuses in supply chains. National Business Review. https://www. cfm?c_id=1&objectid=11710423 nbr.co.nz/story/push-new-zealand-companies-take-greater- 512 Carville, O. (2016). Exposed: The dark underbelly of human responsibility-human-rights-abuses-their-supply trafficking in New Zealand.New Zealand Herald. https://www. 516 Business and Human Rights Resource Centre. (2020). 6th session nzherald.co.nz/nz/exposed-the-dark-underbelly-of-human- of the IGWG. https://www.business-humanrights.org/en/big- trafficking-in-new-zealand/4WLQWPUXXOCMIOTQQF4K44HB64 issues/binding-treaty

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and Ministries to become MBIE in March 2012) work, either coerced or by choice. Critics have through the Inter-agency Working Group on been quick to point out that people are less likely People Trafficking (Immigration New Zealand). to access help or protection if they are engaging In line with these Conventions, the Plan of in illegal activities and it essentially drives the Action identifies goals for prevention, protection practice underground.520 and prosecution of people trafficking. Since People traffickers and smugglers may also be its inception, there had been criticism that liable under other legislation. For example, the plan only functioned across international s351 of the Immigration Act 2009 provides the borders. A new 2020–25 Plan to Combat Modern offence of exploitation of unlawful employees Forms of Slavery was formally released in March and temporary workers. Under civil law, there 2021 to acknowledge that people trafficking are also likely to be breaches of minimum could also occur without international borders employment standards enforceable by the Labour being crossed.517 Inspectorate. Similarly, with gendered trafficking, Domestically, New Zealand criminalises human there can be a connection to legislation trafficking through a combination of statutes. S98 preventing domestic and family violence, as well of the Crimes Act 1961 criminalises slave-dealing as with sexual and gender-based violence. and s98AA specifically criminalises dealing in In 2015, the Ministry of Justice released a Victims people under 18 for sexual exploitation, removal Code to provide guidance for agencies on how of body parts, or engagement in forced labour. victims of crime can expect to be treated by Sections 98B, D, E and F specifically criminalise government organisations and agencies. MBIE trafficking in people. Section 98C of the Crimes links to this code, though there is no specific Act prohibits smuggling migrants. The Minimum mention of trafficking in it.521 One particularly Wage Act 1983, and subsequent amendments, salient point from the literature was that victims stipulate the framework for the minimum of sexual assault are accorded standardised standards of pay. In 2015, New Zealand made protections that are not established for an amendment to the Crimes Act to remove the trafficking victims in the process of testifying.522 transnational element and extend the definition There are special work visa and permanent of trafficking to include domestic cases of residency categories specifically for victims of trafficking.518 Some critics are concerned that trafficking.523 The limitations of existing legislation this action was only taken in response to USA in preventing and prosecuting, indicates that pressure influencing global attitudes towards sex victims’ rights are also not adequately protected work, which were out of step with New Zealand’s under legislation.524 already established legislation.519 New Zealand is a signatory on several New Zealand was the first country to international obligations to end forced marriage, decriminalise prostitution with the Prostitution including the Universal Declaration of Human Reform Act 2003 (PRA). To prevent sex trafficking, Rights, the International Covenant on Civil s19 of the PRA prohibits anyone with a temporary and Political Rights and Convention on the visa from performing sexual services. While this Elimination of All Forms of Discrimination exemption had the intention of being a safeguard Against Women. In 2018, the government passed for migrant workers, it has resulted in protection legislation to prevent forced marriage, and while concerns for migrants who are engaging in sex

520 Armstrong, L. (2017). Decriminalisation and the rights of migrant 517 Ministry of Business, Innovation and Employment (2020). sex workers in Aotearoa/New Zealand: Making a case for change. Combatting Modern Forms of Slavery: Plan Of Action Against Forced Women’s Studies Journal, 31(2), 69–76. Labour, People Trafficking And Slavery.December. https://www. 521 Ministry of Justice (2015). Victims Code. http://www.victimsinfo. mbie.govt.nz/dmsdocument/13568-combatting-modern-forms-of- govt.nz/assets/Publications/VictimsCode.pdf slavery-plan-of-action-against-forced-labour-people-trafficking- 522 Harré, T. (2012). Confronting the challenge of human trafficking slavery for forced labour in the pacific: Some thoughts from New 518 Parliamentary Counsel Office (2015).Crimes Amendment Act Zealand. New Zealand Yearbook of International Law, The, 10, 173. Section 98D replaced (Trafficking in people by means of coercion 523 Community Law New Zealand (2018). Victims of Human or deception), Public Act 2015, No 95, Date of assent 6 November Trafficking.http://communitylaw.org.nz/community-law-manual/ 2015. chapter-28-immigration/family-violence-and-vulnerable-migrants/ 519 Showden, C. R. (2017). From human rights to law and order: The victims-of-human-trafficking changing relationship between trafficking and prostitution in 524 Lambert, S. (2014). Modern day slavery and human trafficking, Are Aotearoa/New Zealand policy discourse. Women’s Studies Journal, the recent charges in Nelson just the tip of the iceberg? New Zealand 31(1). Law Society.

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instances have been recorded, little statistical involved in supporting the aspirations of migrants information exists on forced marriage.525 In in the region.527 December 2019, New Zealand ratified the Australian Red Cross acknowledges that the Protocol to the Forced Labour Convention which Australian response to human trafficking and reaffirmed the country’s commitment to combat slavery is characterised by strong political the interlinked problems of human trafficking, commitment, but research demonstrates that slavery and forced labour.526 there is an urgent need to do more, especially with low rates of investigation, prosecution and conviction.528 Out of 841 referrals to Australian 10.4 Federal Police for human trafficking and slavery from 2004 to 30 June 2017, there were only 20 The International Red successful prosecutions.529 As of June 2017 (the Cross and Red Crescent most recent report available), 13 cases were Movement policy and role before the Australian courts.530 In the past decade, Australian Red Cross has in relation to trafficking supported 426 people, with the majority and modern slavery being women and girls (355). The reasons for exploitation were comparable to international The International Red Cross and Red Crescent causes: “38% [of women] were referred for Movement (IFRC) is active in the human sexual exploitation, 30% for forced marriage trafficking and modern slavery sphere. National and 25% for labour exploitation. From the 71 Societies are involved in a range of work that men supported to date, 88% were referred for includes prevention and awareness-raising labour exploitation.”531 The Australian Red Cross activities around safe migration and restoring works alongside government agencies – often family links, facilitating regional dialogues and across multiple years – and aims to offer flexible, networks, delivering support programmes and responsive and specialised services in a strengths- assisting people who have experienced trafficking based casework approach.532 and forced marriage. The Movement broadly In Europe, IFRC focuses on three forms of undertakes advocacy on these issues as part of a action: (1) raising awareness; (2) assistance and commitment to humanitarian diplomacy. protection; and (3) humanitarian diplomacy.533 IFRC considers the consequences of trafficking Internationally, a focus on people trafficking alongside labour migration in their most recent is central to many other National Societies, study of the Asia-Pacific region. In that study, New including Australian Red Cross and British Red Zealand is considered primarily as a destination Cross. In 2015, Australian Red Cross undertook country, similar to others in the region like Australia. Alongside their analysis of other Red Cross Red Crescent National Societies, IFRC notes 527 International Federation of the Red Cross (2018). Addressing The that New Zealand Red Cross is most actively Humanitarian Consequences Of Labour Migration and Trafficking: the Role Of Asia Pacific National Societies. https://media.ifrc.org/ ifrc/wp-content/uploads/sites/5/2018/05/23052018-Labour- Migration-and-Trafficking-Guidance-for-Asia-Pacific-National- Societies_Spread_lores.pdf 528 Ibid. 529 Interdepartmental Committee on Trafficking and Slavery (2020). Trafficking in Persons: the Australian Government response July 2016-June 2017. Australian government. https://www.homeaffairs. gov.au/criminal-justice/files/interdepartmental-committee- human-trafficking-and-slavery-07-2016-06-2017.pdf 530 Ibid. 531 Australian Red Cross (2019). Support for Trafficked People Program 525 Bennett, L. (2018). Changes to Family Violence (Amendment). Act Data Snapshot: 2009 to 2019. https://www.redcross.org.au/ in effect from Monday.New Zealand Herald. https://www.nzherald. getmedia/7a957782-a7a1-4b25-97c0-86930dbf0f53/Australian Red co.nz/nz/changes-to-family-violence-amendment-act-in-effect- Cross-Support-For-Trafficked-People-Program-Data-Snapshot- from-monday/BB5PDZNUNT6VRLVJAI2SYQDDWA/; Radhakrishnan, 2009-to-2019-small.pdf.aspx P. (2012). Unholy Matrimony: Forced Marriage in New Zealand. 532 Ibid. 526 Ministry of Business, Innovation and Employment (2020). 533 International Federation of the Red Cross (2017). Action To Assist Combatting Modern Forms Of Slavery: Draft Plan Of Action Against And Protect Trafficked Persons: Guidance for European Red Cross Forced Labour, People Trafficking And Slavery.September. https:// National Societies on Assistance and Protection to Victims of Human www.mbie.govt.nz/dmsdocument/11888-draft-plan-of-action- Trafficking.https://media.ifrc.org/ifrc/wp-content/uploads/ against-forced-labour-people-trafficking-and-slavery sites/5/2018/06/Guidance-Note-Trafficking.pdf

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a nationwide Labour Migration Scoping of Auckland.537 HTRC started with five small Study based on the growing awareness that organisations: Stand Against Slavery, the Préscha temporary labour migrants are more vulnerable Initiative, Hagar New Zealand, Justice Acts and to exploitation in Australia than other labour Raising Hope.538 The current members include migrants and Australian workers. Australian World Vision, the Préscha Initiative, Child Alert Red Cross has dedicated significant effort since (ECPAT NZ),539 Tearfund and HAGAR.540 Rebekah 2015 to developing resources for both forced Armstrong, who previously led this work with marriage534 and modern slavery.535 British Red the Human Rights Commission and as chair of Cross also runs the Trafficking Response hub, HTRC,541 is currently working via her Business connecting National Societies to a range of and Human Rights consultancy542 as well as resources in a range of languages. British Red with World Vision on advocacy around slavery Cross and Australian Red Cross jointly manage in international supply chains, particularly in a page on the ICRC Communities of Practice the Asia-Pacific region, with a focus on child website about Protection in relation to human exploitation.543 trafficking, while IFRC published a fact sheet and Community Law provides guidance on their guidance note on the impact of COVID-19.536 website for survivors of human trafficking and forced marriage. Additionally, the Salvation Army has helped initiate several “Prevent People 10.5 Trafficking” conferences. Women’s Refuge has also spoken up on a lack of focus on the Environmental scan: exploitation of women in the government’s recent who is doing what in strategies on modern slavery.544 There is limited information about organisations that provide relation to trafficking support or information for survivors of forced and modern slavery marriage in New Zealand, though several media organisations have published stories about 545 Local and international NGOs potential legislative pitfalls. The Human Rights Commission is undertaking community consultation on modern slavery over the coming year and advocacy for the creation of legislation based on similar work in Australia. 537 Though much of this work overlaps with that on exploitation more generally as per the more recently commissioned review by the In March, a two-day event was held by MBIE, Ministry of Business, Innovation and Employment. the New Zealand Embassy of the United States 538 See a roundup of media coverage at https://www. workerexploitation.com/media-published of America and the Anglican Church, bringing 539 ECPAT had included the words “Child Prostitution” in its name, but due to a move away from that terminology, they now just go by the together key people from business, government acronym without a corresponding explication. and NGOs to focus on modern slavery. 540 Human Trafficking Research Coalition (2021). About Us.Worker Exploitation.com. https://www.workerexploitation.com/contact 541 Armstrong, R. (2018). Rebekah Armstrong: What the Australian The Human Trafficking Research Coalition (HTRC) Modern Slavery Act will mean for big Kiwi businesses. New Zealand has released some research on the boundary of Herald. 12 December. https://www.nzherald.co.nz/business/ rebekah-armstrong-what-the-australian-modern-slavery-act-will- exploitation and modern slavery, particularly mean-for-big-kiwi-businesses/A4C6XNUHGPUAYFAYKOZNJCCJHM through Christina Stringer from the University 542 Business and Human Rights Consultant (2021). Who We Are. BHR https://www.bhr.co.nz/page/who-we-are/ 543 World Vision (2021). Advocacy. World Vision https://www. worldvision.org.nz/causes/advocacy 544 Johnston, K. (2021). Women are the primary victims of human trafficking. New Zealand’s plan to stop slavery forgot them.Stuff. 19 January. https://www.stuff.co.nz/national/crime/123976551/ 534 Australian Red Cross (2018). Forced Marriages: Community Voices, women-are-the-primary-victims-of-human-trafficking-new- Stories and Strategies. Consultation with community. https:// zealands-plan-to-stop-slavery-forgot-them www.redcross.org.au/getmedia/ad745e1b-c62f-4831-b8c3- 545 Chan-Green, M. (2016). New Zealand forced marriage victims a389b3037c34/Forced-Marriage-Community-Voices-Stories-and- young as 10. Newshub. https://www.newshub.co.nz/home/ Strategies-Australian-Red-Cross.pdf.aspx new-zealand/2016/12/new-zealand-forced-marriage-victims- 535 Australian Red Cross (2020). Addressing Modern Slavery: A young-as-10.html; Chan-Green, M. (2018). Parliament passes Guide for Australian Businesses. https://www.redcross.org.au/ Bill to protect teens from forced marriage. Newshub. https:// getmedia/49f34bf5-d438-4aa4-bd9e-d2412ff8b08a/Addressing- www.newshub.co.nz/home/politics/2018/08/parliament-passes- Modern-Slavery-Report-Final.pdf.aspx bill-to-protect-teens-from-forced-marriage.html; Carville, O. 536 International Federation of the Red Cross and Red Crescent (2020). (2016). Exposed: The dark underbelly of human trafficking in COVID-19 Impact on Trafficking in Persons Factsheet. https:// New Zealand. New Zealand Herald. https://www.nzherald.co.nz/ media.ifrc.org/ifrc/document/covid-19-impact-trafficking-persons- nz/exposed-the-dark-underbelly-of-human-trafficking-in-new- factsheet zealand/4WLQWPUXXOCMIOTQQF4K44HB64

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Overall, there has been a lack of resources in Jan Logie will present a raft of bills to Parliament this space and a proliferation of small NGOs later this year that will, among other things, seek and inconsistent interest from larger groups. to improve the conditions for woman migrants. While coalitions like the HTRC have occasionally brought resources together, the involvement Business of World Vision, the Human Rights Commission With the expansion of interest and legislation on and Tearfund indicate extra support has business and human rights, several organisations already coalesced around public-oriented have emerged that can offer services to New campaigning. The release of a letter supported Zealand organisations. For example, Tuhana by 85 businesses, World Vision and Trade Aid in consulting has employed former Chief March 2021, to combat modern slavery, marked Commissioner of the Human Rights Commission, a watershed moment in NGO and industry David Rutherford, to work in this space. From 546 collaboration. The timing was especially strong an independent investigations position, AIM as it came at the same time as a focus on the use CRI offers businesses help in identifying and of slavery in supply chains from China that use eradicating labour exploitation in New Zealand, 547 Uyghur labour. with employees who were formerly in New In the university space, the Centre for Research Zealand Police. They use similar methodologies on Modern Slavery at the University of Auckland to investigate labour practices, with a particular Business School has become a hub for research focus on opaque subcontractors who regularly into temporary migrant workers.548 A new report used new company names, addresses and stand- from Christina Stringer, who leads the Centre, in directors to avoid regulations. An example of is due out later this year, with a focus on the AIM CRI’s work is their 2020 collaboration with liquor industry. Zespri to try to stop exploitation of migrants through unfair subcontracting contracts, which Government they estimated as being in the hundreds.550 Human trafficking now involves an all-of- government response with numerous government agencies involved in this issue including MBIE 10.6 and the New Zealand Police. In their 2020–25 document Combatting Modern Forms of Slavery, What are the MBIE lists ten government agencies that are needs and gaps? tasked with reducing trafficking including, for example, Oranga Tamariki, the Ministry of Health It is clear that human trafficking and modern and the Ministry for Women. The plan will be forms of slavery, or extreme exploitation, exist updated and re-released in the first half of 2021 in New Zealand and that the numbers of these after feedback that indicated the focus on forced crimes are large enough to be of concern. labour had the unintended consequence of While there is crossover with the exploitation putting less focus on the gendered side of human of temporary migrant workers, there is enough trafficking. 549 There are indications that Green MP evidence of egregious cases that more work needs to be done researching and advocating for taking this matter seriously. The government response has been limited and it has a low priority, with 546 World Vision (2021). World Vision & Trade Aid Welcome Government Action Towards A Modern Slavery Act. Scoop. 16 a preference from Immigration New Zealand for March. https://www.scoop.co.nz/stories/PO2103/S00126/world- getting convictions for lesser offences rather than vision-trade-aid-welcome-government-action-towards-a-modernslavery-act.htm pursuing human trafficking convictions. The lack 547 Clear, L. & Penfold, P. (2021). NZ business and political links to of prosecutions feed back into claims that there blacklisted Chinese company iFlytek. Stuff.16 March. https://www. stuff.co.nz/national/stuff-circuit/300253078/nz-business-and- are no issues with trafficking in New Zealand. political-links-to-blacklisted-chinese-company-iflytek 548 Wong, G. (2021). The insidious return of ‘slavery’. University of Auckland https://www.auckland.ac.nz/en/news/2021/02/16/the- insidious-return-of-slavery.html 549 Johnston, K. (2021). Women are the primary victims of human trafficking. New Zealand’s plan to stop slavery forgot them.Stuff. 19 January. https://www.stuff.co.nz/national/crime/123976551/ 550 Shepherd, N. (2020). Zespri helped bring migrant exploitation case, women-are-the-primary-victims-of-human-trafficking-new- further charges possible. AIM CRI. 8 October. https://www.aimcri. zealands-plan-to-stop-slavery-forgot-them co.nz/post/manage-your-blog-from-your-live-site

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While other NGOs are involved to a limited extent (many focusing on the more prevalent exploitation offshore), there is no consistent group focused on extreme forms of exploitation and trafficking. There are also concerns regarding insufficient or infrequent training, resource constraints and staffing/funding issues for NGOs and government agencies that deal with trafficking. Australian Red Cross research shows the response among service providers and frontline officials is marked by an unclear understanding of referral pathways and intervention criteria across agencies and jurisdictions. Recognising indicators of trafficking and slavery at the community level also remains difficult, with low awareness of the issue or what to do about it. Existing immigration procedures could also have the potential to create barriers to identification in instances where the emphasis placed on visa status and compliance may be greater than further exploration into trafficking indicators. Migrants placed in detention due to their immigration status (such as an expired visa or for working in breach of visa conditions) need time to recover before being likely to disclose evidence of trafficking. Some of this work will require legal expertise and, if New Zealand Red Cross is to be involved, there will need to be collaboration with other National Societies – like Australian Red Cross – that already monitor and advocate in this area. It is important to recognise that migrants are particularly vulnerable to human rights breaches. These risks are further pronounced if migrants arrive through irregular channels.551 The very nature of being a non-national means a migrant worker may not speak the language, understand the legal system, and may have limited communication with family, which can further isolate them. There do not appear to be organisations providing support to trafficked peoples in any coordinated manner. With New Zealand Red Cross experience in translation and culturally focused support, there are opportunities to assist with some of the most exploited peoples.

551 United Nations (2015). The Economic Social and Cultural Rights of Migrants in an Irregular Situation. https://www.ohchr.org/ Documents/Publications/HR-PUB-14-1_en.pdf

A nurse at the Canadian Red Cross mobile clinic in Kutupalong camp, Bangladesh, uses a MUAC tape to check a baby for symptoms of malnutrition. Recent surveys condiucted in the camp indicate that almost one in five children aged between 6 and 59 months suffers from acute alnutrition.m

11.

Migrants in the Migration Programmes, this work draws from, and intersects with, strategic objectives emergencies from disaster risk management, youth and and disasters international sections of New Zealand Red Cross. Though this section focuses on all migrants This section considers how migrants fare before, in emergencies and disasters, there is an during and after a disaster, drawing on both established, though changing, convention academic and public policy research as well as of describing the issues focused on the New Zealand Red Cross experience in a range vulnerability of migrants. While that framing of disasters across New Zealand. The past two does fit well with the International Red years have seen a wide range of challenging Cross and Red Crescent Movement’s focus disasters and emergencies – the March 15 Terror on humanitarian aid and assistance to those Attacks in Christchurch, COVID-19 and the most in need, it also excludes the focus on the Whakaari White Island eruption – all of which strengths of migrants in preparing for, and included foreign nationals and/or migrants avoiding the worst effects of, disasters and requiring assistance. New Zealand Red Cross emergencies. Note that the previous section work in each of these areas touched on migrants dealt with climate change and environmental who had significantly different needs from degradation, so these issues are not covered in more established populations. In addition to full in this section.

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reduction, Guadagno offers a useful list of 11.1 factors that can increase vulnerability in migrant The international context populations: ɠ limited language proficiency As there are an almost limitless number of examples of global emergencies and disasters to ɠ limited knowledge of local environmental draw from, and a correspondingly large quantity conditions, including natural hazards, legal of migrants (79.5 million displaced people;552 framework and institutions, and markets 553 272 million migrants), this overview will be ɠ limited social networks limited to a range of studies on risk preparedness and vulnerability in situations that are similar to ɠ lack of trust in authorities those likely to be found by migrants in Aotearoa ɠ restrictions on mobility New Zealand. ɠ and discrimination, hostility, and There is no widely accepted and shared xenophobia.557 definition of vulnerable migrants in the international human rights discourse. Instead, The trend towards a strength-based approach the International Organization for Migration to Culturally and Linguistically Diverse (CALD) notes that organisations and institutions tend communities can be seen in a number of recent to list some examples of vulnerable situations – academic works that seek to better analyse children at risk, asylum seekers, or people who vulnerability and resilience within CALD are ill, for example – without offering a definitive communities. Of note is the metric developed by overview of what constitutes vulnerability.554 A Ogie and Pradhan via their Strengths-based Social key set of clarifications on the vulnerable are Vulnerability Index (SSVI) that attempts to include made by Sutherland who focuses on those who some of the benefits of multilingual speakers fall outside of the 1951 Refugee Convention, with in sufficient quantity, drawing on empirical and 558 a relevant emphasis on the need for protection quantitative work from Wollongong. They for those excluded from asylum processes. His conclude that this more intensively analytic analysis is mostly concerned with failed states, approach will help communities (a) focus on but there are useful discussions on the need for strengths, (b) deploy resources to specific temporary protection for people in the aftermath communities and (c) become empowered to of disaster. That protection would allow both the manage risk in their own ways. safety and security of the vulnerable migrant, but also allow for migrants to play a proactive part in the recovery from disasters and emergencies.555 11.2 UNHCR makes the important distinction between vulnerability as a result of the situation leading New Zealand context to migration (situational vulnerability) and an There have been several large-scale disasters in inherent vulnerability based on the migrant the past decade with significant loss of life in New (individual vulnerability).556 In arguing for an Zealand: earthquakes centred on Canterbury all-of-government/society approach to risk (2010/11 with numerous significant aftershocks) and Kaikōura (2016), water contamination in Hawke’s Bay (2016), the eruption on Whakaari 552 United Nations High Commissioner for Refugees (2020). Global Trends Report 2019. https://www.unhcr.org/globaltrends2019 553 United Nations (2019). International Migrant Stock 2019. https:// www.un.org/en/development/desa/population/migration/ publications/migrationreport/docs/MigrationStock2019_ TenKeyFindings.pdf 557 Guadagno, L. (2015). Reducing Migrants’ Vulnerability to Natural 554 International Organization for Migration (2017). Protection Of The Disasters through Disaster Risk Reduction Measures. MICIC issue Human Rights And Fundamental Freedoms Of Migrants And The brief. https://micicinitiative.iom.int/resources-and-publications/ Specific Needs Of Migrants In Vulnerable Situations. https://www. reducing-migrants%E2%80%99-vulnerability-natural-disasters- iom.int/sites/default/files/our_work/ODG/GCM/IOM-Thematic- through-disaster-risk Paper-Protection-of-Human-Rights-and-Vulnerable-Migrants.pdf 558 Ogie, R. & Pradhan, B. (2020). Social vulnerability to natural 555 Sutherland, P. (2017). Report of the Special Representative of the hazards in Wollongong: comparing strength-based and traditional Secretary General on Migration, United Nations General Assembly, methods. Australian Journal of Emergency Management, 35(1), A/71/728, 3 February. 61–68; Ogie R. & Pradhan, B. (2019). Natural Hazards and Social 556 United Nations High Commissioner for Refugees (2017). Migrants Vulnerability of Place: The Strength-Based Approach Applied in vulnerable situations: UNHCR’s perspective. https://www. to Wollongong, Australia. International Journal of Disaster Risk refworld.org/pdfid/596787174.pdf Science. 10, 404–420.

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White Island (2019), the March 15 Terror Attacks obviously, the strategy has been produced in both on two mosques in Christchurch (2019), several simplified English forms, as well as Simplified floods, and forest fires in the Port Hills of Chinese, Gagana Sāmoa, Korean and Hindi (plus Christchurch and the Tasman region. Though audio and large print, te reo Māori and New COVID-19 is a pandemic and an emergency, and Zealand sign language). has qualitative differences from those disasters The most recent overview from CDEM on already cited, it has also presented numerous CALD communities was published in June challenges for migrants. In this subsection, we 2013, drawing from lessons learned from the will discuss a selection of the tools and plans Canterbury earthquakes. The Including culturally already in place in the New Zealand context to and linguistically diverse (CALD) communities help vulnerable migrants cope in the aftermath of document is notable for the wide range of disasters and emergencies. departments (15) required to collaborate on The New Zealand government’s National good outcomes for CALD communities and the Emergency Management Agency (NEMA) was focus on both CDEM personnel and broader established on 1 December 2019, replacing communities.562 This focus has led to an allocation the Ministry of Civil Defence and Emergency of resources for CALD relevant projects within Management (MCDEM) and providing leadership CDEM such as funding for Foreign Language on nationwide responses to disasters and Emergency Messaging for Radio, produced by emergencies. Though NEMA replaces MCDEM, the Plains FM and Christchurch City Council, to be term Civil Defence and Emergency Management offered for all foreign language radio stations (CDEM) remains in place as a descriptor of the across New Zealand.563 broader sector. The widespread devastation of Canterbury The 2019 National Disaster Resilience Strategy in the 2010 and 2011 earthquakes has led to is the first new CDEM strategy in a decade to significant government and academic interest in formulate a nationwide, forward-thinking strategy how vulnerable migrants experienced response for a holistic response to disasters. The strategy is and recovery. In the immediate aftermath of the built around the 4Rs: Risk Reduction, Readiness, February 2011 earthquakes, a cross-sector group, Response, and Recovery.559 The strategy promotes Community Languages Information Network a holistic approach to resilience that connects Group (CLING), was formed to unite agencies with a range of agencies and sectors, representing and media to connect to CALD communities.564 more of an all-of-nation, than an all-of- These collaborations laid the groundwork for government approach. This holistic approach has Christchurch City Council, in collaboration with been favoured for at least 15 years with a focus on Partnership Health Canterbury, to develop social and environmental well-being alongside an extensive best practice guideline for CALD more traditional concerns for the economic and communities.565 The key message from the the built environment.560 report was that the best recoveries would occur in communities that were already connected The 2019 strategy builds on many of the lessons before a disaster. The Christchurch Migrant Inter- from the Canterbury and Kaikōura earthquakes Agency (CMIA) group also produced an extensive and expands on delivery of information for CALD communities. CALD communities can be defined as people who do not speak English or te reo 562 Civil Defence (2013). Including culturally and linguistically Māori as their primary language, or who have diverse (CALD) communities. April. https://www.civildefence. govt.nz/assets/Uploads/publications/is-12-13-including-cald- been raised in a culture that is different from the communities.pdf one in which they predominantly live.561 Most 563 Civil Defence (2018). Strengthening CALD Communities Foreign Language Emergency Messaging for Radio. Application for funding. https://www.civildefence.govt.nz/assets/Uploads/CDEM- Resilience-Fund/2018-19/2018-04.pdf 564 Immigration New Zealand (2016). Lessons from the Christchurch 559 Civil Defence and Emergency Management (2019). National quake. Settlement Actionz 6. July. https://www.immigration. Disaster Resilience Strategy: Rautaki a-Motu Manawaroa Aitua. govt.nz/about-us/media-centre/newsletters/settlement-actionz/ April. Ministry of Civil Defence. actionz6/lessons-christchurch-earthquake 560 See, for example, Norman S. (2006). New Zealand’s holistic 565 Wylie, S. (2012). Best Practice Guidelines Engaging with framework for disaster recovery. Culturally and Linguistically Diverse (CALD) Communities in The Australian Journal of Emergency Management, 21 (4). 16–20. Times of Disaster. Christchurch City Council. July. https:// 561 see Civil Defence (n.d.). Information Accessibility. https://www. ccc.govt.nz/assets/Documents/Services/Civil-Defence/ civildefence.govt.nz/assets/Uploads/publications/dgl-14-13- BestPracticeGuidelinesofDiverseCommunitiesDisasterMarch2012. information-accessibility.pdf pdf

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report on how migrant communities responded discussed by Marlowe and Lou’s evaluation of to the earthquakes with a set of significant how refugee communities fared after the major recommendations566 Canterbury earthquakes in 2010 and 2011.573 They pointed out that Maori Wardens were particularly Since the Canterbury earthquakes, several useful in identifying when cultural needs were not other entities have been practising readiness being met, which was especially important given for likely future disasters. In 2015, Wellington a reported lack of cultural training for recovery Regional Emergency Management Office centre staff. Marlowe has also shown the way (WREMO) partnered with New Zealand Red Cross refugee communities conceptualise belonging to produce information in 15 languages.567 This and how this identification informs both collaboration also brought in European Union responses and recovery to disasters.574 translation specialists to help provide an overview for how citizen-led translation might be rapidly The specific challenges for communicating produced in a disaster response scenario.568 with Auckland’s large Pacific population Civil Defence has also produced earthquake forms the basis for Marlowe’s expansion of and tsunami pamphlets in 22 languages to aid the risk reduction theory to four sub-pillars of in readiness.569 A number of other departments engagement: Reach, Relevance, Receptiveness have translated some of their key preparedness and Relationships.575 The International Journal of advice. For example, the Earthquake Commission Disaster Risk Reduction has also featured regular has “Quake Safe Your Home” documents in five overviews drawing from New Zealand experience additional languages570, while Civil Defence’s including work on short-term migrants and Get Ready website hosts seven additional international students,576 language translation language overviews of preparing a grab bag with (comparing New Zealand to Ireland, the United emergency survival items.571 Kingdom, the USA and Japan) – described as “cursory” in CDEM overviews from 2015 The scale of devastation in the Canterbury region documents and over-reliant on volunteers.577 has led to significant academic research into both migrants’ responses to the disaster as well as CDEM has also recognised significant theorising on what it can teach people in terms shortcomings in preparedness for Asian of preparedness. A key lesson from Zhuravsky identifying communities, people who have been and Harada’s study on culturally safe nursing in in New Zealand for less than ten years and people times of disaster was the role played by Māori for whom English is not their first language. In and the potential for further work in Māori their annual Colmar Brunton survey of New disaster resilience.572 This point was more broadly Zealanders, these three groups regularly showed either a lack of actions to prepare for disasters or a lack of knowledge about what to do in case of a disaster or emergency. While the data did 566 CMIA (2012). Lessons learned following the earthquakes of 22 not go much deeper into the CALD groups that February 2011. https://docs.google.com/file/d/0BxbzKqZEYFl- alIyVXFNamZnM00/preview this represents, it does show some attention 567 Wellington Regional Emergency Management Office (n.d.). Earthquake Planning Guide (language versions). https:// getprepared.nz/households/earthquake-planning-guide- language-versions/; Shackleton, J. (2018). Preparedness in diverse communities: Citizen translation for community engagement. Work in Progress Insight Paper Understanding Risk, Risk Reduction, Consequences and Forecasting Track Proceedings of ISCRAM Asia Pacific (K. Stock & D. Bunker, eds). http://idl.iscram.org/files/ 573 Marlowe, J. & Lou, L. (2013). Canterbury Earthquakes and jamieshackleton/2018/1652_JamieShackleton2018.pdf Resettled Refugee Communities. Aotearoa Social Work Review, 568 See also Federici, F.M. & Cadwell, P. (2018). Training citizen 25(2), 58–68. translators: design and delivery of bespoke training on the 574 Marlowe, J. (2015). Belonging and Disaster Recovery: Refugee- fundamentals of translation for New Zealand Red Cross. Background Communities and the Canterbury Earthquakes. British Translation Spaces, 7 (1), 20–43. Journal of Social Work, 45 (supplement 1),188–204. 569 Civil Defence (n.d.). Translated Resources. https://www. 575 Marlowe, J., Neef, A., Tevaga, C. & Tevaga, C. (2018). A New Guiding civildefence.govt.nz/cdem-sector/public-education/ Framework for Engaging Diverse Populations in Disaster Risk public-education-resources/tsunami-public-education- Reduction: Reach, Relevance, Receptiveness, and Relationships. resources/#translated International Journal of Disaster Risk Science, 9, 507–518. 570 EQC (n.d.). Quake Safe Your Home. https://www.eqc.govt.nz/be- 576 Thorup-Binger, C. & Charania, N. (2019). Vulnerability and prepared/resources capacities of international students in the face of disasters 571 Civil Defence (n.d.). Translated information about emergency in Auckland, New Zealand: A qualitative descriptive study. survival items and your grab bag. https://getready.govt.nz/ International Journal of Disaster Risk Reduction, 39. prepared/household/supplies/#e1279 577 O’Brien, S., Federici, F., Cadwell, P., Marlowe, J. & Gerber, B. (2018). 572 Zhuravsky, L. & Harada, N. (2019). Providing culturally safe nursing Language translation during disaster: a comparative analysis of care in disaster: Japanese and New Zealand perspectives. Journal five national approaches. International Journal of Disaster Risk of the National Institute of Public Health, 68(4), 334–342. Reduction, 31 (2018), 627–636

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at the national level of difference among the these will expire two years after being put into population.578 place if not renewed. In 2003, CDEM’s Regulations offered additional oversight including the terms Though the COVID-19 pandemic is ongoing, the by which a national or local state of emergency success of New Zealand in minimising community would be declared, extended and terminated. transmission is also likely to lead to studies in CDEM also noted 14 other key pieces of how a super-diverse community was included legislation relevant to disaster and emergencies in the all-of-government response. As with in New Zealand, including legislation around the work on citizen translators with WREMO, earthquakes, biosecurity, Greater Christchurch New Zealand Red Cross VCMM work is already regeneration and hazardous substances.580 leading to discussions of best practice responses to migrant well-being, with the researchers While many of the disasters that have affected being in contact with New Zealand-based RSE New Zealand are one-off events that do not researchers who are comparing this response to necessarily impact migrants’ visa status, there the Australian response. have been exceptions and changes made to visa and social welfare eligibility around the aftermath Finally, it is worth noting that the concepts of of the March 15 Terror Attacks and COVID-19. After vulnerability and migrant are not solely derived the March 15 Terror Attacks, the Christchurch from being vulnerable in New Zealand. Many Response Visa allowed for people who were migrants in New Zealand are made vulnerable by present at the mosque and the immediate family being away from their families, in search of the of those injured or killed in the attacks to gain economic resources to improve lives at home. permanent residency in New Zealand, with 153 When a disaster or emergency strikes at home, people having been accepted (and 22 rejected) migrants in New Zealand become vulnerable as of the latest statistics.581 Though COVID-19 did to health and mental health pressures – as well not lead to a new permanent residency category, as pressures from wider family. Researchers there were a raft of extensions to already existing have spent considerable effort in highlighting visas, and the notable creation of a two-month the role that remittances from New Zealand COVID-19 Short-Term Visitor Visa that could can play in assisting family members struck by cover anyone still in New Zealand whose visa has disasters offshore.579 expired and is unable to return home.582 In addition to visa changes, COVID-19 also saw the 11.3 creation of a large set of legislative frameworks and ministry policies (which do not require Legal issues for passing through the Cabinet). In the Ministry of Health alone, legislation relevant to vulnerable migrants in disasters migrants stretched across the COVID-19 Public and emergencies Health Response Act 2020 to border notices, and managed isolation and quarantine orders. One The main legislation covering the aftermath area of contention in migrant communities was of disaster is the Civil Defence Emergency the reluctance of the government to invoke s64 Management Act (2002) which is a framework of the Social Securities Act (2018) that would designed to facilitate both preparation for, and allow an emergency benefit to be granted to recovery from, emergencies at the local, regional and national levels. This Act was amended during the COVID-19 response to allow consistent 580 Civil Defence and Emergency Management (n.d.). Legislation. nationwide approaches to the pandemic, though https://www.civildefence.govt.nz/cdem-sector/legislation 581 Immigration New Zealand (2020). Residence decisions by financial year. https://www.immigration.govt.nz/documents/statistics/ statistics-residents-decisions-financial-year Also see Lewis, O. (2019). Wider family groups excluded from Christchurch terror 578 Civil Defence and Emergency Management (2019). Civil Defence response visa. Stuff.7 August. https://www.stuff.co.nz/national/ Preparedness Survey 2019. https://www.civildefence.govt.nz/ christchurch-shooting/114804849/wider-family-groups-excluded- assets/Uploads/public-education/2019-Civil-Defence-Disaster- from-christchurch-terror-response-visa for a wider discussion of Preparedness-report.pdf those excluded from the visa. 579 Pairama, J. & Le De, L. (2018). Remittances for Disaster Risk 582 Immigration New Zealand (2020). Information about Covid-19 Management: Perspectives from Pacific Island Migrants Living Short-term Visitor Visa. https://www.immigration.govt.nz/new- in New Zealand. International Journal of Disaster Risk Science, 9, zealand-visas/apply-for-a-visa/visa-factsheet/covid19-short-term- 331–343. visitor-visa

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those not normally eligible.583 This reluctance New Zealand Red Cross plays a role in disaster was eventually overcome with the establishment management in New Zealand with the Disaster of the collaboration between the Department Risk Management (DRM) team leading New of Internal Affairs (DIA) Foreign National Zealand Red Cross contributions in a number of support programme and the New Zealand Red CDEM welfare services sub-functions as described Cross VCMM fund.584 in the National Civil Defence Emergency Management Plan Order 2015. DRM includes 400 volunteers working in 19 Disaster Welfare and 11.4 Support Teams located across the country. The focus of these teams is on supporting disaster The International Red response (during and immediately following a disaster), and they are also trained to provide Cross and Red Crescent support in the disaster readiness and recovery Movement policy and role phases (i.e., before and after). in relation to migrants in COVID-19 lockdowns and the subsequent loss of work and inability to return home showed disasters and emergencies that some migrant communities are both vulnerable and hard to reach in terms of providing The International Red Cross and Red Crescent assistance. New Zealand Red Cross drew expertise Movement focuses on the most vulnerable and – from its unique nexus connecting three areas in the aftermath of disasters – these often include of operations – International humanitarian those who are isolated either by not speaking assistance (delegates), DRM and Migration – to the dominant language or not being aware of work alongside the Department of Internal cultural norms around receiving help. The IFRC Affairs in establishing the VCMM programme to 2020 World Disaster Report highlights these ensure the basic needs of migrants were met. challenges faced by migrants and those already VCMM delivered $20 million of assistance to over displaced and points to the lack of – and need for 12,00 people. This work ensured that foreign – involvement of these communities in disaster nationals who had lost their ability to support risk reduction efforts.585 themselves and who were also unable to go home While most of the disasters and emergencies were supported with in-kind payments for food discussed in this section affect all people, there and other needs. Though formal evaluations of have also been emergencies that are more the VCMM programme remain to be completed, specific to migrant and refugee communities, anecdotal evidence and New Zealand Red Cross such as the drowning of migrants in the policy indicate that uptake of the service was Mediterranean586 and the recent fires in refugee linked to New Zealand Red Cross’s ability to act camps in Moria, Greece.587 as a recognised and trusted entity by applicants who might otherwise be wary of how applications for assistance could hinder future applications for permanent residency.588 583 Hayle, M. (2020). ‘Give us some hope’: Stranded visa holders beg for more government help. The Spinoff. 30 July. https://thespinoff. Prior to VCMM, New Zealand Red Cross also co.nz/society/30-07-2020/give-us-some-hope-stranded-visa- holders-beg-for-more-government-help supported refugees and asylum seekers during 584 Bonnett, G. (2020). Govt, Red Cross spend $15m helping lockdown through the Pathways to Settlement immigrants stranded in NZ. Radio New Zealand 11 November. https://www.rnz.co.nz/news/covid-19/430331/govt-red-cross- programme. Pathways to Settlement is the central spend-15m-helping-immigrants-stranded-in-nz 585 International Federation of the Red Cross and Red Crescent (2020). programme in New Zealand Red Cross to help International Federation of the Red Cross and Red Crescent 2020 resettled refugees in their first six months in World Disaster Report https://media.ifrc.org/ifrc/world-disaster- report-2020 the country. The challenges of settlement were 586 International Federation of the Red Cross and Red Crescent (2017). A response plan to meet the humanitarian needs of vulnerable migrants: A Movement coordinated approach focusing on the Mediterranean and neighbouring regions. https://media.ifrc.org/ ifrc/wp-content/uploads/sites/5/2017/04/Response-plan-for- Mediterranean-min.pdf 588 These concerns were often raised by groups like the Migrant 587 International Federation of the Red Cross and Red Crescent (2020). Workers Association. See Robson, S. (2020). Benefits for migrant Residents of Moria camp must be moved now Red Cross head. workers to match standard dole rate. Radio New Zealand. 22 September. https://media.ifrc.org/ifrc/press-release/residents- November. https://www.rnz.co.nz/news/national/431197/benefits- moria-camp-must-moved-now-red-cross-head for-migrant-workers-to-match-standard-dole-rate

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exacerbated by New Zealand Red Cross workers In response to the events mentioned, New and volunteers not being able to meet with clients Zealand Police has recently developed an in- in a face-to-face setting. During the COVID-19 Alert house platform for “Persons Inquired for” to level 4 lockdown periods, Pathways to Settlement be launched in an emergency response. This workers were considered essential workers platform includes use of the 105 non-emergency and maintained their connection, via phone, number for enquiries, dedicated lines to receive to recently settled refugees. They also ensured enquiries, and a website to register people as that official health and safety information was “I am Alive” or “I am looking for” which, while translated into 15 key languages.589 still in the testing phase, will be accessible in many languages. In the event of an emergency, The March 15 Terror Attacks on two mosques the Restoring Family Links service would share in Christchurch, which killed 51 people, led to a information on how overseas enquiries can access combined response from New Zealand Red Cross the service across the Red Cross Red Crescent migration and DRM teams. In addition, migration Family Links Network and provide situation teams from around the country provided support updates to the Movement. Any requests which to new arrivals – particularly from the Muslim are not easily resolved may become tracing community – who were affected by the attacks. requests for the Restoring Family Links service. One of the core skills offered by New Zealand Additionally, New Zealand Red Cross RFL service Red Cross has been translation and interpreting may receive enquiries if the enquirer prefers not services in the aftermath of all the disasters to interact with the New Zealand authorities. The focused on in this section. As noted earlier, this Letter of Agreement between New Zealand Red key skill has also been put to use in collaboration Cross and New Zealand Police will be reviewed with WREMO to develop the community skills early in 2021. around rapid translation that are often required in Regionally, New Zealand Red Cross works with the aftermath of disasters. These collaborations the Asia Pacific Migration Network (APMN) to continue in collaboration with Jay Marlowe of collaborate on the Movement Leadership model Asia Pacific Centre for Refugee Studies. for migration. As co-lead of the Climate Change, Another area where New Zealand Red Cross Migration and Displacement stream, New Zealand supports migrants in a time of disaster is in Red Cross is focused on feeding into regional managing Restoring Family Links (RFL) as part knowledge sharing and capacity building for of the inquiry sub-function of the National CDEM National Societies responses to emergencies and Plan. New Zealand Red Cross works closely with disasters. These forums assist with improving the New Zealand Police, who have requested the individual National Societies responses to activation of the Family Links website twice – for migrants in times of disaster as well as ensuring Whakaari White Island and the March 15 Terror that individual Societies contribute to global Attacks in 2019. This website allowed relatives aims of the International Red Cross and Red and friends to register people as “missing” and Crescent Movement. for people to register themselves, in turn, as being alive. However, there were problems with this as some journalists used names on the “missing” list as if they were missing rather than people who were sought and used this information to contact families before any official process had begun, which distressed families. “Missing” was then amended to “I am looking for”.

589 New Zealand Red Cross (2020). Leaving No-One Behind. https:// www.redcross.org.nz/stories/new-zealand/leaving-no-one- behind; See also Checkpoint (2020). Covid-19: How volunteers are helping refugees in New Zealand lockdown. Radio New Zealand. 7 April. https://www.rnz.co.nz/national/programmes/checkpoint/ audio/2018741881/covid-19-how-volunteers-are-helping-refugees- in-nz-lockdown

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populations. The impact of the Canterbury 11.5 earthquakes led to the best practice on CALD Environmental scan: who (described above) while also influencing the willingness of WREMO to work with New Zealand is doing what in relation Red Cross on earthquake preparedness for to migrants in disasters speakers of non-official languages. and emergencies Migrant and faith communities Migrant communities play a key part in response Government(s) and recovery efforts. While these efforts can The key government department in responding often be undocumented acts of mutual aid from to emergencies is NEMA – as such, they are those within the same cultural and linguistic also the most important department in terms communities, it is also necessary to acknowledge of vulnerable migrants, especially in terms the role of community leaders, who take on of coordinating risk reduction, readiness and positions that are rarely paid, and bridge response. In terms of recovery, many other official positions and funds from government to parts of government play a role in assisting those in need. vulnerable migrants, from Immigration New One good example of community-based Zealand providing visa assistance, to the Ministry mutual aid came in March and April 2020 when of Social Development and the Department COVID-19 led to a lockdown in New Zealand. of Internal Affairs looking after well-being (as Gaurav Sharma, editor of the Multicultural per the COVID-19 responses). As noted in the Times, describes how both the Sikh and other previous section, there are numerous legislative Indian community groups rallied together in and governmental responsibilities for disaster April and May to offer food and support to response and so a holistic response is required. Indian communities as well as to other New While NEMA is central to those holistic responses, Zealanders.591 This support – including other there is also a central communication and community groups from across South Asia – also decision-making role for the Prime Minister and included donations to other groups such as the the Department of Prime Minister and Cabinet Downtown Community Ministry and Wellington (DPMC). A 2019 Briefing Paper to the Incoming Night Shelter.592 Minister noted that work was underway on a communication strategy for CALD communities.590 As noted by researchers looking at Pacific community support in Auckland, the role of When a disaster has struck or an emergency is churches must not be overlooked as sites of in place, foreign governments are often quick to organisation, dissemination of information and become involved to make sure their citizens are mutual aid.593 Similar benefits from working with protected and assisted. In this space, the New faith groups was also noted in the above analysis Zealand Ministry of Foreign Affairs liaises with of RSE workers and, while the two mosques were these governments in the same way that they the site of attacks in the March 15 Terror Attacks, work together if a New Zealand citizen requires other mosques around the country acted as sites assistance overseas. Depending on the country, of support, solidarity and connection. their capacity and number of citizens affected, assistance can be as simple as ensuring verified flows of information, or (as we have seen in COVID-19) as extensive as providing repatriation flights and short-term economic support. Local government has also shown a willingness to advance the support of vulnerable migrant 591 Sharma, G. (2020). How Indian communities stepped up in lockdown New Zealand. The Spinoff. 17 May. https://thespinoff. co.nz/society/17-05-2020/how-indian-communities-stepped-up- in-lockdown-new-zealand 592 Ibid. 590 Ministry of Civil Defence and Emergency Management (2019). 593 Marlowe, J., Neef, A., Tevaga C. & Tevaga, C. (2018). A New Guiding Briefing to the Incoming Minister. June. https://www.civildefence. Framework for Engaging Diverse Populations in Disaster Risk govt.nz/assets/Uploads/publications/Briefing-to-the-Incoming- Reduction: Reach, Relevance, Receptiveness, and Relationships. Minister-of-Civil-Defence-June-2019.pdf International Journal of Disaster Risk Science, 9, 507–518.

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broadly, questions remain around equity of 11.6 access to translations and translator services What are the across the regions of the country. As one New Zealand Red Cross member noted, Civil Defence needs and gaps? is funded by rates rather than on an as-needed basis. This funding model means that some There is no one NGO or part of the government regions with high-risk but low populations may be that is the point of contact for migrants in a particularly under-resourced to assist with CALD disaster. New Zealand Red Cross has contributed communities. to this space in the last couple of disasters, but there is a need for resourcing and investment to On top of producing documents in a range of make sure that migrants are not ignored in any of relevant languages, there is a need for more the readiness, response and recovery stages of an proactive knowledge of how ethnic communities emergency or disaster. respond to disasters. For example, instead of setting up a centralised disaster response space While gaps in response to disaster are often and expecting all people to know about and clear, there is also a significant lack of broad come to this spot, decision-makers may need connections around the country to migrant to pay more attention to where vulnerable communities ahead of disasters. As research migrant communities go for assistance. Similarly, noted earlier has shown, the best response to producing material so that community groups disaster comes from situations where there is high can effectively use these translated documents, trust between migrant communities and those or pointing to places where people can go for tasked with responding. information in their own languages would likely Due to the closeness of New Zealand Red Cross increase uptake. with disaster responses, there are a range to Finally, the challenges of COVID-19 have needs to be addressed: exacerbated already existing inequalities ɠ A clear lead for coordinating engagement with between migrant and non-migrant populations. vulnerable migrants – particularly refugees Inequalities relate to labour market restrictions and asylum seekers/convention refugees (who can work when and for whom?), information during a disaster accessibility, limited community connections and technology issues, especially for linguistically ɠ Government departments not using diverse communities. These inequalities produce interpreting and translation services on a challenges that have affected not only onshore regular basis migrants, but relatives who rely on remittances ɠ Lack of vertical connections between offshore, and migrants who have relationships or government and migrant groups pre-disaster other commitments in New Zealand but who were ɠ Better understanding of how transnational not able to return to the country, even when they 594 media networks inform migrants during a had a valid visa. Some NGOs are already acting disaster and how these can be worked with. in this area, though these are often small and under-resourced, with occasional assistance from ɠ There is a need for a specific preparedness the Race Relations Commissioner. Relationships strategy for CALD communities and networks with these migrant communities While much work to have accessible information need to be better maintained outside of the for migrant communities has been undertaken specific disaster response space, to build trust since the Canterbury earthquakes, there remain and resilience. gaps and challenges for rapid dissemination. More risk-reduction work could be carried out in translating official documents that anticipate likely disasters within New Zealand Red Cross as well as for local Civil Defence more generally.

At the same time, lessons from the WREMO/ 594 Robson, S. (2020). Benefits for migrant workers to match standard New Zealand Red Cross citizen translator project dole rate. Radio New Zealand. 22 November. https://www.rnz. co.nz/news/national/431197/benefits-for-migrant-workers-to- can be shared throughout New Zealand. More match-standard-dole-rate

Naing Naing Tun, who fled Mynmar many years ago and now works at Wellington's famous Monsoon Poon restaurant, is being interviewed by TVNZ One News.

on the benefits of migrants to the country 12. across economic, cultural and political metrics. This section deals primarily with the public Public perceptions perception of migrants, and while this will necessarily touch on experiences of racism of migrants and discrimination, it does not seek to be a full catalogue of the experiences of migrants in and refugees response to the New Zealand public.596 To consider the public perception of migrants Public perceptions directly affect how well and refugees in New Zealand is also to consider migrants settle in New Zealand, so ensuring contentious questions around infrastructure, that these discourses are accurate is important. identity, religion and place. The last decade has For example, these perceptions can reduce seen record levels of new permanent migrants opportunities to migrants and refugees (such to New Zealand, with related questions around as increasing barriers to employment) and the degree of planning for both new and existing serve to validate discrimination and other populations, the role of tangata whenua and the manifestations of racism. support systems in place to welcome these new communities. While New Zealand often ranks near the highest in the world in welcoming attitudes 596 For a grounding, wider overview of migrants’ experiences of New 595 Zealand, see Butcher, A., Spoonley, P. & Trlin, A. (2006). Being to migrants, there remain divided opinions Accepted: The Experience of Discrimination and Social Exclusion of Migrants and Refugees in New Zealand. Working Paper. https:// www.researchgate.net/publication/270884434_Being_Accepted_ The_Experience_of_Discrimination_and_Social_Exclusion_by_ Migrants_and_Refugees_in_New_Zealand; or Immigration New 595 For a widely reported, international quantitative study, see Ipsos Zealand (2018). Recent migrants experiences of settling and (2016), Ipsos International Immigration, Refugee & Brexit Poll. adjusting to life in New Zealand. National Migrant Consultations https://www.ipsos.com/en-nz/ipsos-international-immigration- 2018. https://www.immigration.govt.nz/documents/about-us/ refugee-brexit-poll national-migrant-consultations-2018.pdf

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Asylum seekers are one of the most often vilified existing population, but the underlying material and least understood migrant groups, especially circumstances that drive those perceptions. in response to international media coverage and This section considers, first, a range of surveys discussion around the southern border of the and studies on national-level attitudes to USA, the 2015 movement of asylum seekers into migrants and migration. Second, the section Europe from the Middle East and North Africa, covers broad theories of prejudice that shape and the ongoing detention of asylum seekers attitudes and looks at how different parts of attempting to reach Australia by boat. the population are more, or less, supportive of New Zealand Red Cross has played a role in migrant and refugee settlement. It also considers combating some of the negative stereotypes factors that may impact the host community’s about refugees through sharing the stories of willingness to support integration, including many resettled refugees doing good work in the use of political narrative and perceptions of their communities. Some of this work has been “good” and “bad” refugees and migrants. through linking media to positive stories, while the #KiwiLegends and #EssentialKiwiLegends Surveys on public perceptions projects were more sustained promotions of a of migration 597 dozen former refugees’ contributions. Prior to the refugee crisis of 2015, Gallup and the International Organisation for Migration (IOM) conducted a multi-year set of 183,000 qualitative 12.1 interviews on what people’s views were on migration in over 140 countries.599 This study The international context was unique in its depth compared to many of the usual polls that focus on ranking countries The history of the world could be written as in terms of a range of questions around fears, the story of the movement of people. As such, welcoming attitudes and perceptions of threat. any attempt to describe the international The key finding was that Southern Europe and context for migration is bound to fall short of a the United Kingdom were alone in wanting comprehensive study of reasons and outcomes. immigration to decrease, whereas other countries This section will focus less on what those wanted it to stay the same or increase. They movements have been and more on the recent also saw a strong correlation between a high surveys and theories that help explain public self-reported economic optimism about the perceptions of migration. future and an individual’s likeliness to want more While it is clear from the literature that migration migration. Oceania had the lowest percent of leads to economic growth, it is also clear that the people who suggested migration should decrease benefits of that growth have not been shared by (26 per cent) and a corresponding greatest all. Over the past decade, the austerity policies percent who said that it should stay the same (41 implemented by many countries, driven by per cent) or increase (28 per cent). neo-liberal economic orthodoxy, have seen A more recent study by Pew suggests that there public services truncated or abandoned.598 In have been some significant changes in recent that climate of underinvestment, migrants and years to these European attitudes. For example, refugees are often scapegoated as the cause France and the United Kingdom have been of problems. While much anti-immigration increasingly welcoming, while Germany and sentiment can be traced to conscious and Greece have seen the proportion of welcoming subconscious xenophobia, it is worth looking at citizens drop by double-digits.600 Ipsos notes that a wide range of causes so that we can genuinely deal with not just the perceptions of the

599 Esipova, N. Ray, J. Pugliese, A. & Tsabutashvili, D. (2015). How the World Views Migration. International Organisation for Migration. https://publications.iom.int/system/files/how_the_world_gallup. 597 New Zealand Red Cross (2020). #KiwiLegends. https://www. pdf redcross.org.nz/what-we-do/in-new-zealand/migration- 600 Gonzalez-Barrier, P. & Connor, P. (2019). ’Around the World, More programmes/kiwilegends Say Immigrants Are a Strength Than a Burden. Pew Research 598 Clark, D. (2016). The global financial crisis and austerity: A basic Centre. https://www.pewresearch.org/global/2019/03/14/around- introduction. Bristol: Bristol University Press. the-world-more-say-immigrants-are-a-strength-than-a-burden

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only three countries had less than a majority the queue” or are “illegal”, there is significantly of those surveyed in favour of the protections higher animosity towards asylum seekers than to afforded by the 1951 Refugee Convention.601 refugees in Australia.606

Dennison offers a recent, macro-overview of Theories of prejudice seven key public perception indexes of migration, including those described above. He concludes The public is not a homogenous group and that many of them offer only a limited view of numerous studies have shown how migrants migration categories, ought to focus more on why are perceived differently by different groups. these beliefs are held and should also discuss For example, those less likely to be personally emigration in the same context.602 affected by perceived competition for resources are more likely to identify symbolic threats such At the level of the state, specific policies can also as changing group norms and a concern about be a very public demonstration of a nation’s retaining cultural norms.607 Historical context approach to migration. Policies that demonstrate also influences social attitudes and can often inclusive integration policies have been shown be a reason for deeply rooted racial prejudice. to be linked to lower levels of perceived threat. In the European Union, colonial pasts have For example, Canadian Prime Minister Justin been identified as factors in racist views and Trudeau’s inclusive messaging about refugees perceived superiority over refugee arrivals.608 Age was identified as one reason for an increase and education have been shown to be a factor, in public support from 42 per cent to 52 per with older demographics more likely to identify cent for the refugee settlement programme.603 a threat from migrants. These predispositions However, negative political leadership can also are likely for several reasons including that lead to increased stereotyping around migrant education provides people with opportunities communities. One particularly prominent issue to think critically, exposure to diverse views has been terror attacks in the global north that and engagement with diverse teaching and have resulted in misguided fear of assailants student bodies.609 hiding within refugee communities. Policies that limit or create barriers to economic Media plays a role in dehumanising refugees, or social integration will inevitably result in which leads to contempt and using incorrect worse integration outcomes for both individuals labels such as “illegal” that influence public and families. The degree to which the state is attitudes.604 Much of this type of political rhetoric active in building social integration depends on is linked to security or crisis framing, which both the type of migrant (refugees are likely to DeBono argues enables authorities to undertake receive more support than students or people actions that have dehumanised people seeking on working visas) and the capacity and attitude protection.605 While terms such as “asylum seeker” of the receiving state. For instance, limiting and “refugee” are legal definitions, these terms access to financial support to enable refugees have strongly associated stereotypes that result in to “gain economic independence” may restrict different threat perceptions. Due to the incorrect their opportunity to develop local language skills arguments that asylum seekers have “jumped and limit their ability to integrate, even though

601 IPSOS (2019). Global Attitudes towards Refugees. June 2019. https://www.ipsos.com/sites/default/files/ct/news/ documents/2019-06/World-Refugee-Day-2019-Ipsos.pdf 602 Dennison, J. (2019). Public opinion on migration. Data Bulletin: Informing the implementation of the Global Compact for 606 Verkuyten, M. (2004). Emotional Reactions to and Support for Migration. https://cadmus.eui.eu/bitstream/handle/1814/63124/ Immigrant Policies: Attributed Responsibilities to Categories of data_bulletin_16.pdf Asylum Seekers. Social Justice Research, 17(3), 293–314. 603 Pedersen, A., Watt, S., & Hansen, S. (2006). The role of false beliefs 607 Hynie, M., & Moghaddam, F. (2018). Refugee Integration: Research in the community’s and the Federal Government’s attitudes and Policy. Peace and Conflict: Journal of Peace Psychology, 24(3), toward Australian asylum seekers. Australian Journal of Social 265–276. Issues, 41(1), 105–124. 608 Mestheneos, E., & Ioannidi, E. (2002). Obstacles to Refugee 604 Esses, V., Medianu, S., & Lawson, A. (2013). Uncertainty, Threat, Integration in the European Union Member States. Journal of and the Role of the Media in Promoting the Dehumanization of Refugee Studies, 15(3), 304–320. Immigrants and Refugees. Journal of Social Issues, 69(3), 518-536. 609 Bohman, A. (2015), It’s who you Know. Political Influence on 605 DeBono, D. (2018). In Defiance of the Reception Logic: The Case for Anti-Immigrant Attitudes and the Moderating Role of Intergroup Including NGOs as Human Rights Monitors in the EU’s Policies of Contact. Sociological Research Online, 20(3), 1-17; Pettigrew, First Reception of Irregular Migrants. Peace and Conflict: Journal of T. (1997). Generalized Intergroup Contact Effects on Prejudice. Peace Psychology, 24(3), 291–295. Personality and Social Psychology Bulletin, 23(2), 173–185.

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the concept is couched as an initiative aimed at building independence.610 12.2 Most theories on racial prejudice are founded New Zealand context in group threat theory which originated from New Zealand has grown in the past 50 years from Blumer’s hypothesis that the social positioning one focused on the needs of a monoculture to of different racial groups affects intergroup one that is beginning to address biculturalism interactions. He theorised that groups’ self- while also emerging as a multicultural society. definition automatically occurs and is reinforced With few exceptions, New Zealand operated when building concepts of a different group – a “white New Zealand policy” with a strong essentially, what is it about “them” that makes preference for British, European and North them different from “us”.611 American migrants. It was not until the mid-1980s Realistic threats are threats from the out-group that immigration policy widened to include non- that may impact on the in-group’s economic, traditional countries of immigration, particularly political or physical situation. This threat is with the 1987 Immigration Act.615 founded in the idea of scarcity of resources that According to the 2018 census, New Zealand is results in competition.612 An example of a realistic home to 200 ethnic groups and 160 languages. threat and how it plays out in the community Significant growth of specific groups has and in the political sphere is the argument that occurred, most notably the Asian population refugees take jobs or housing from the host which, in a 30-year period, grew from 48,000 in community. In contrast, symbolic threats are 1983 to 707,598 in 2018.616 This speed of change based on a perceived threat of how differences in has been identified as providing challenges to the values, beliefs, and customs of the out-group New Zealand to maintain inclusiveness and may impact the in-group’s own cultural norms. harmony,617 with 27.4 per cent of people who This threat is most prominent when there is a filled in the most recent census not born in host community preference for assimilation as New Zealand.618 opposed to multiculturalism. Surveys have shown that New Zealanders are Allman’s intergroup contact theory seeks ways more positive about immigration than our closest to counter these threats. He thinks that while neighbour Australia and significantly more so these threats are often articulated as collective than our European counterparts. New Zealanders struggles, racial prejudice is socialised at an are more likely to see immigration as positive for individual level, and, in the same way it is learnt, the economy, want to prioritise immigrants who it can be changed through contact between can fill job shortages and value an integration groups.613 Intergroup contact has been shown to approach as opposed to assimilation. Immigrants reduce prejudice or anti-immigration attitudes.614 are generally seen as making the country more interesting, while it is also recognised that immigration can place pressure on services. However, there is still discrimination in how “mainstream” New Zealand perceives different immigrant groups, with preferences for cultures

610 Hynie, M. & Moghaddam, F. (2018). Refugee Integration: Research and Policy. Peace and Conflict: Journal of Peace Psychology, 24(3), 265–276. 611 Blumer, H. (1958). Race Prejudice as a Sense of Group Position. Pacific Sociological Review, 1(1), 3–7. http://search.proquest.com/ docview/1310932368 615 Beaglehole A. (2013). Refuge New Zealand: a nation’s response to 612 Croucher, S. (2013). Integrated Threat Theory and Acceptance of refugees and asylum seekers. Dunedin: Otago University Press. Immigrant Assimilation: An Analysis of Muslim Immigration in 616 Statistics New Zealand (2019) 2018 Census ethnic group summaries. Western Europe. Communication Monographs, 80(1), 46–62. https://www.stats.govt.nz/tools/2018-census-ethnic-group- 613 Allport, G. (1954). The Nature of Prejudice. Garden City, NY: summaries#Statistics%20New%20Zealand%202018%20 Doubleday Anchor Books. Census%20ethnic%20group%20summaries 614 Bohman, A. (2015). It’s who you Know. Political Influence on 617 Department of Internal Affairs (2017).Briefing to the Incoming Anti-Immigrant Attitudes and the Moderating Role of Intergroup Minister for Ethnic Communities, New Zealand Government. Contact. Sociological Research Online, 20(3), 1-17; Pettigrew, 618 Statistics New Zealand (2019). New Zealand’s population reflects T. (1997). Generalized Intergroup Contact Effects on Prejudice. growing diversity. 23 September. https://www.stats.govt.nz/news/ Personality and Social Psychology Bulletin, 23(2), 173–185. new-zealands-population-reflects-growing-diversity

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that are perceived as most like New Zealand’s year.622 The 2016 Ipsos poll showed only 14 per majority Pākehā culture.619 cent knew the correct number of refugee arrivals and those who overestimated the number of A 2016 MBIE survey identified that 36 per cent refugee arrivals were more likely to be concerned of Māori respondents and 49 per cent of New about terror activity through the refugee quota Zealand European respondents held positive and less confident that refugees integrate.623 views of migrants. Those with higher education People who hold false beliefs about immigration or who spoke a second language were more likely have been shown to have higher negative beliefs to be positive about immigration than other about asylum seekers and refugees, so correcting population groups. There is a large undecided misinformation is important in decreasing middle ground. In a 2017 UMR Market Research negative attitudes towards refugees.624 survey, 31 per cent of New Zealand citizens viewed immigration positively, however, 44 per Ipsos surveys on what issues New Zealanders cent were undecided. Younger people (18–29) were concerned with and how political parties were more likely to view immigration positively were best placed to perform saw two significant (51 per cent) with older people (45–59 and 65+) changes pre and post the March 15 Terror Attacks. the least likely to see positives in immigration In a list of the top 20 issues, New Zealanders’ (34 per cent). In line with other international concern with “racism” moved from 17th place surveys, right wing voters (in this case, New to 8th – a 14 per cent increase and “defence Zealand First who are no longer in parliament, and terrorism” also rose from 20th to 17th place. followed by National) and immigrants who are In contrast to similar international surveys well established in New Zealand are less likely to conducted by Ipsos, New Zealand is one of the be pro-immigration.620 A recent study conducted most open and welcoming towards refugees and during the first months of COVID-19 offered some migrants.625 Though New Zealand is not always more data on these issues, however, it is hard included in the Ipsos surveys, parallel local to disentangle the results from the heightened versions of the survey have been completed in circumstances of 2020.621 both 2017 and 2018, with very positive attitudes being shown to refugees and their ability to The size of the refugee quota programme is not integrate by comparison to the international well known in New Zealand and consequently norm.626 In 2017 – a year when New Zealand was there is a perception that New Zealand is included in one global overview – a few key points accepting more refugees than are actually being emerged: the main concerns of New Zealanders resettled. The 2017 UMR Market Research survey were material (jobs, infrastructure) rather than showed that only 26 per cent of respondents ideological issues (fitting in) and almost half saw knew the correct number of annual refugee immigration as having a net cultural benefit.627 arrivals with 24 per cent selecting over 10,000 per

619 Ward, C. & Masgoret, A. (2008). Attitudes toward Immigrants, 622 Hall, D. (2017). With the election looming, a new poll reveals New Immigration, and Multiculturalism in New Zealand: A Social Zealanders’ views on immigration. The Spinoff. 12 June. https:// Psychological Analysis 1. International Migration Review, 42(1), thespinoff.co.nz/society/12-06-2017/as-we-gear-up-for-an- 227–248; Ipsos, (2016), Ipsos International Immigration, Refugee election-a-new-poll-reveals-nzers-views-on-immigration & Brexit Poll. https://www.ipsos.com/en-nz/ipsos-international- 623 Ipsos, (2016). Ipsos International Immigration, Refugee & immigration-refugee-brexit-poll; International Migration, Brexit Poll. September. https://www.curia.co.nz/wp-content/ Settlement & Employment Dynamics Research (2011). Attitudes uploads/2016/10/Ipsos-New-Zealand-Immigration-Refugees-and- towards Immigrants and Immigrant Experiences: Predictive Brexit-Survey-Report-2016.pdf models based on regional characteristics, Department of Labour. 624 Pedersen, A., Watt, S. & Hansen, S. (2006). The role of false beliefs https://www.mbie.govt.nz/dmsdocument/2724-predictive- in the community’s and the Federal Government’s attitudes models-based-on-regional-characteristics-pdf; Ministry of toward Australian asylum seekers. Australian Journal of Social Business, Innovation and Employment (2015). Community Issues, 41(1), 105–124. Perceptions of Migrants and Immigration, Colman Brunton 625 Ipsos (2018). What New Zealanders think of Refugees and research. https://www.mbie.govt.nz/assets/c3c87370d1/ Immigration. Scoop. https://www.scoop.co.nz/stories/PO1809/ community-perceptions-migrants-immigration-2015.pdf S00232/what-new-zealanders-think-of-refugees-and-immigration. 620 UMR Research (2017). New Zealand’s views on Immigration. 20 htm June. https://umr.co.nz/new-zealands-views-immigration 626 Ibid. 621 Refugees as Survivors New Zealand (2020). New Zealanders’ 627 Ipsos (2017). Global Views on Immigration and the Refugee Perceptions of Refugees: Survey Report 2020. https://rasnz.co.nz/ Crisis. https://www.ipsos.com/sites/default/files/ct/news/ wp-content/uploads/2020/06/New-Zealanders-Perceptions-of- documents/2017-09/ipsos-global-advisor-immigration-refugee- Refugees.pdf crisis-slides_0.pdf

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made to the Universal Periodic Review on New 12.3 Zealand in 2013.630 Legal issues for public As a civil matter, complaints on the grounds of perception of migrants breaches of the Human Rights Act are dealt with by the HRC. Complaints received by the HRC and refugees must be considered in reference to the freedom of expression protected in the BORA. Where New Zealand has adopted the Convention intent can be proven a criminal prosecution can on Elimination of Racial Discrimination, the be undertaken but only with the approval of the International Convention on Civil and Political Attorney General. To date only one conviction Rights and the International Convention on for hate speech has occurred when Colin King- Economic, Social and Cultural Rights. New Ansell was prosecuted for distributing anti- Zealand has not signed the International Jewish pamphlets.631 Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. These provisions in the Human Rights Act are New Zealand does not currently have specific hate considered in relation to the BORA. Few human crime legislation but hate speech is addressed rights are exclusionary and the balance of rights in the Human Rights Act (1993), and the Harmful such as the freedom of expression and the right Digital Communications Act (2015) which are of safety and security of person are an example of considered in reference to the Bill of Rights Act this need for balance. S14 of the BORA states “that (BORA) 1990. S61 of the Human Rights Act (1993) everyone has the right to freedom of expression, makes hate speech illegal, stating it is unlawful including the right to seek, receive, and impart 632 “to publish or distribute written matter which information and opinions of any kind”. While is threatening, abusive, or insulting, … words the freedom of expression is not absolute any which are threatening, abusive, or insulting ... or limit on it must demonstrate significant detriment 633 words likely to excite hostility against or bring to the community. into contempt any group of persons … on the Since the 1980s, a significant number of western ground of the colour, race, or ethnic or national countries have adopted hate crime legislation 628 origins.” S131 of the Human Rights Act states including Canada, the USA, the United Kingdom that it is unlawful to incite racial disharmony and Germany.634 The term “hate crime” can be “with intent to excite hostility or ill-will against, a highly emotive and subjective word and it is or bring into contempt or ridicule, any group of difficult to establish one definitive definition. persons in New Zealand on the ground of the The concepts of hate crime and hate speech colour, race, or ethnic or national origins of that can be controversial with polarising opinions 629 group of persons.” on limiting freedoms and rights, the thresholds The lack of specific hate crime legislation also between crime and hate crime, and appropriate results in a lack of data and statistics so the scale punishment. In the United Kingdom, hate crime of the problem in New Zealand is unknown. is defined as “any criminal offence which is Unlike the per cent, Germany and the United perceived by the victim or any other person, Kingdom, New Zealand does not currently to be motivated by hostility or prejudice based record or report on hate or racially motivated on a person’s race or perceived race; religion or crimes. The absence of recording of hate crime in New Zealand has long been an issue primarily advocated against by the Human Rights 630 O’Connor, R. (2013). Kirikiriroa Human Rights Network HRC affiliated, speech,Civil Society Briefing for the Universal Periodic Commission (HRC) which included submissions Review on New Zealand, December 2013, Geneva. 631 Cormack, T. (2019). Freedom of speech vs Hate speech. New Zealand Law Society. https://www.lawsociety.org.nz/practice- resources/practice-areas/human-rights/freedom-of-speech-vs- hate-speech 632 New Zealand Government. New Zealand Bill of Rights Act 1990, Public Act 1990, No 109, Date of assent 28 August 1990, Section 14. 633 Human Rights Commission (n.d.). Enquiries and Complaints. https://www.hrc.co.nz/enquiries-and-complaints/faqs/racially- 628 New Zealand Government. Human Rights Act 1993, Public Act 1993 offensive-comments No 82, Section 61, New Zealand 634 Mason, G. & Macintosh, K. (2014). Hate Crime Sentencing Laws in 629 New Zealand Government. Human Rights Act 1993, Public Act 1993 New Zealand and Australia: Is there a Difference?New Zealand Law No 82, Section 131, New Zealand Review, 647–709.

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perceived religion; sexual orientation or perceived sexual orientation; disability or perceived 12.4 disability and any crime motivated by hostility or The International Red prejudice against a person who is transgender or perceived to be transgender”.635 Cross and Red Crescent The current laws in New Zealand are limited Movement policy and in that they do not protect minority groups in role in relation to public relation to religion, gender, sexual orientation or disability. Also, while existing defamation perception of migrants laws provide protection to individuals, it does not provide protection to groups. An exploration The International Red Cross and Red Crescent of New Zealand’s hate speech laws by the Movement values of neutrality and impartiality HRC, Netsafe and United Nations Educational, are important and grounding positions which Scientific and Cultural Organization (UNESCO) require National Societies not to discriminate on began exploring their strength in the current the basis of nationality. This lack of discrimination changing world. A lack of support for the means that the Movement maintains a strong discourse saw the project halted. After the March commitment to the humanitarian rights of 15 Terror Attacks, Justice Minister Andrew Little migrants, regardless of how states consider an committed to fast-tracking a pre-planned review individual’s status. A key position is that the of existing legislation governing hate speech, in National Society is not for or against migration recognition that the law is very narrow. He stated, but will speak to the humanitarian impacts “It applies to inciting racial disharmony, it doesn’t of migration and work to provide assistance relate to expressions that incite discrimination on and protection in these areas. As part of this religious grounds or identity or a range of other commitment to migrants, the Movement pays grounds.”636 This review will cover the Human particular attention to working with host Rights Act, Harmful Digital Communications Act communities and initiatives that promote and the Crimes Act. understanding, interaction and social inclusion. With no current legislation identifying hate Recent New Zealand Red Cross advocacy and crime as an offence, New Zealand’s primary legal communication strategies – in place since 2015 mechanism to address hate crime is sentencing – have focused on building public confidence in legislation.637 Police Minister Stuart Nash said, settlement both as an existing process as well “We don’t actually prosecute for hate speech as in new settlement locations. This work is per se. We can for offensive behaviour or assault undertaken through working with media to share and hate speech or a hate crime actually is an stories of the successes of, and contributions aggravating consideration when determining to communities made by former refugees. what charge a person will face.” He also said, if These stories have been regularly published in police do decide to charge a person for reported newspapers, online, on television and on the hate crime or hate speech, “then the hate version radio since public interest in refugee movements of that is an aggravating feature in terms of grew during the 2015 refugee crisis. 638 determining the charge the person will face.” Alongside this media work, New Zealand Red Cross has also run numerous campaigns to counter stigma against refugees by showing the diverse backgrounds, contributions to the community and everyday lives of refugees 635 United Kingdom Crown Prosecution Service (n.d.) Hate Crime. https://www.cps.gov.uk/hate-crime resettled in New Zealand. In 2016, the Get to 636 Radio New Zealand (2019). Current hate speech law ‘very narrow’ Know Me campaign sought to highlight the Justice Minister Andrew Little. Radio New Zealand. https://www. rnz.co.nz/news/political/386237/current-hate-speech-law-very- similarities of resettled refugees, in contrast to narrow-justice-minister-andrew-little dominant media narratives about hardship which 637 Mason, G. & Macintosh, K. (2014). Hate Crime Sentencing Laws in New Zealand and Australia: Is there a Difference?New Zealand Law stressed the differences between New Zealanders Review, 647–709. 638 One News (2019). Police Minister open to strengthening laws around hate speech. TVNZ, 26 March, https://www.tvnz.co.nz/ one-news/new-zealand/police-minister-open-strengthening-laws- around-hate-speech

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and refugees.639 The #KiwiLegends campaign from to frequently asked questions, and a suite of 2020, and the COVID-19 #EssentialKiwiLegends media links. campaign from 2020, maintained the themes New Zealand Red Cross has also worked with of focusing on individuals doing great things in media and journalists to try to refine how former the community, with the most recent version refugees are described in the media and, by highlighting those former refugees who extension, how the public thinks of the process were essential workers during the COVID-19 of settlement. While “refugee” has often been lockdown period.640 used as a shorthand for people who have been These campaigns combine a range of resettled in New Zealand, New Zealand Red Cross communication methods from street posters Communications team has also had success at to the same posters being put up across New modelling more accurate terminology such as Zealand Red Cross public-facing sites across “person with a refugee-background” or, simply, the country, to social media and mainstream “former refugee”. This focus on language goes a media placements and partnerships. For long way towards helping people see the refugee example, a full selection of stories about the experience as something that does not define #EssentialKiwiLegends was shared across The an individual but is, rather, something that an Spinoff website in the lead up to World Refugee individual has lived through. Paying attention Day (WRD).641 New Zealand Red Cross staff also to this language – and influencing media where take advantage of the opportunity to write possible – is core to implementing a strengths- Opinion Editorials on a range of refugee-related based approach to settlement. issues. Some of these are written as team-wide collaborations, including refugee-background staff members using their lived experience, 12.5 especially in the lead up to WRD. Work with new settlement locations continues, Environmental scan: with stakeholder and community workshops, who is doing what scheduled for 2020 but then cancelled, set to begin again in February 2021. These workshops in relation to public help build capacity in these regions through perception of migrants three overviews: an introduction to the refugee journey, a discussion of working cross culturally In this section we will consider those who are in settlement practice, and background to working to improve public perception of migrants strengths-based integration theories. Central to and those who are in a position of influence. It this work is a Communication Pack that gives is easy enough to find anti-migrant voices from seven key messages around issues people are a range of justifications. They range from those often asked about (why we resettle refugees; with genuine concerns about a lack of investment how employment works; housing issues), a in infrastructure to match increased numbers background to how refugees arrive in New of permanent residents – to those who are Zealand, a basic glossary of language, answers unapologetic racists. While we will not survey those people, it is worthwhile that these views are understood and captured by media monitoring at both a communication and strategic level. 639 New Zealand Red Cross (2016). Get to know me. https://www. redcross.org.nz/stories/new-zealand/get-know-me; Dooney, L. (2016). Refugee campaign wants Kiwis to get to know the truth behind the stereotypes. Stuff.11 April. https://www.stuff.co.nz/ NGOs and unions dominion-post/news/78641835/refugee-campaign-wants-kiwis- to-get-to-know-the-truth-behind-the-stereotypes Asia New Zealand has been tracking the attitudes 640 New Zealand Red Cross (2020). #KiwiLegends. https://www. of New Zealanders towards Asia and Asian redcross.org.nz/what-we-do/in-new-zealand/migration- programmes/kiwilegends people since 1997. Their most recent surveys 641 See for example, Berthe, E. (2020). Essential Kiwi Legend: The Afghan refugee who became an emergency nurse. The Spinoff. 16 have shown increased reports of understanding June. https://thespinoff.co.nz/society/16-06-2020/essential-kiwi- of Asia, connections through travel and work legend-the-afghan-refugee-who-became-an-emergency-nurse; Timmings, J. (2020). Essential Kiwi Legend: The Bhutanese refugee opportunities and a positive attitude towards driving trucks in Nelson. The Spinoff. 19 June. https://thespinoff. co.nz/society/19-06-2020/essential-kiwi-legend-the-bhutanese- refugee-driving-trucks-in-nelson

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developing newer connections in the COVID-19 of the March 15 Terror Attacks if it were created influenced world.642 online today.646 The refugee crisis of 2015 led to a proliferation of The Office of Ethnic Communities, established public-facing campaigns on the representation in 2000, is the lead government department of refugees and reflection on New Zealanders on ethnic diversity in New Zealand, providing attitudes to refugees. For example, Amnesty information, advice and services to ethnic International Aotearoa New Zealand produced communities with the aim of supporting the “Our Voices” overview of New Zealanders’ community development and social cohesion. attitudes to welcoming refugees. Migrant Workers After the March 15 Terror Attacks, the Department Association with Unite Union and others have received an additional $1.8 million for its portfolio also combined to run the “Love Aotearoa, Hate and $9.4 million over four years in the budget. Racism” campaign, supporting a number of The Ethnic Communities Development Fund migrant and refugee campaigns and issues. also received an immediate $1 million increase. In December 2020, as part of the government’s The Islamic Women’s Council – in particular response to the Royal Commission of Inquiry into Anjum Rahman – has been a prominent voice the Terrorist Attack on Christchurch Mosques, after the March 15 Terror Attacks. For example, it was announced that the Office of Ethnic recently she has been speaking on the need for Communities would become the Ministry for investment in deradicalisation programmes for Ethnic Communities.647 any citizens returning from supporting ISIS in Syria.643 As noted in section three, above, Third Alongside the New Zealand Refugee Resettlement Culture Minds has been active across refugee Strategy (NZRRS) is the New Zealand Migrant youth mental health work with a particular Settlement and Integration Strategy, developed strength in engaging with the media.644 in 2014, which has five key outcome areas: Employment, Education and Training, English Government language, Inclusion, and Health and Wellbeing. In response to the March 15 Terror Attacks In 2019, MBIE restructured New Zealand in Christchurch in 2019, the New Zealand Immigration Services to bring these together as a government launched the Christchurch Call new team called Refugee and Migrant Services. which sought to ensure that an open and free The “Welcoming Communities” initiative has internet was not used by extremists to organise passed through a pilot phase and will now be and share their messages. The Christchurch Call rolled out to 30 centres and regions in addition also aimed to encourage governments to make to the original ten.648 The initiative is led by sure that existing legislation was followed and Immigration New Zealand in partnership with the enforced and to create industry standards around OEC and the HRC. The Welcoming Communities extremist content.645 The government, along with initiative aims to support the development French President Emmanuel Macron, considered of “Communities that make newcomers feel the programme to be a success and suggested it welcome,” which “are likely to enjoy better social would stop the sharing of a similar video to that outcomes, greater social cohesion and stronger economic growth. In this environment, everyone can fully participate in the economic, civic and social life of the community. Building connections between locals and newcomers means everyone

642 Asia New Zealand (2020). New Zealanders’ perceptions of Asia and 646 Radio New Zealand (2019). Christchurch terror attacks: Ardern and Asian peoples: 2019 Annual Survey. https://www.asianz.org.nz/ Macron hail success of Christchurch Call. Radio New Zealand. 15 assets/Perceptions-of-Asia-2019.pdf May. https://www.rnz.co.nz/news/political/416678/christchurch- 643 One News (2021). Calls for deradicalization programme in NZ amid terror-attacks-ardern-and-macron-hail-success-of-christchurch- debate over NZ-born accused terrorist. TVNZ. 20 February. https:// call www.tvnz.co.nz/one-news/new-zealand/calls-deradicalization- 647 New Zealand Government (2020). Making New Zealand Safer for programme-in-nz-amid-debate-over-born-accused-terrorist Everyone. 8 December. https://www.beehive.govt.nz/release/ 644 See Third Culture Minds (2020). Racism and Islamophobia are a making-new-zealand-safer-everyone mental health issue. Re: News. 23 June. https://www.renews.co.nz/ 648 Ministry of Business, Innovation and Employment (2020). Briefing racism-and-islamophobia-are-a-mental-health-issue for the Incoming Minister of Immigration. November. 645 Christchurch Call (2020). The Call. https://www.mbie.govt.nz/dmsdocument/12539-briefing-for-the- https://www.christchurchcall.com/call.html incoming-minister-of-immigration

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feels included and knows they belong.” The Political parties pilot locations included two new settlement Migration has become significantly politicised locations (Whanganui and Ashburton) and two in recent years, especially around the United existing settlement locations (Invercargill and Nations Global Compact on Migration, foreign Palmerston North). buyers of housing, a growth in immigration and The HRC has informally recorded racially the post-March 15 Terror Attacks calls for stronger motivated crime by collating what was reported hate speech legislation. While we will not go into through mainstream media. As recently as a year the positions or rhetoric of political parties here, before the March 15 Terror Attacks, the HRC was it is worthwhile noting that while leadership on calling for New Zealand Police to collect statistics these issues can come from representatives, so on hate crimes.649 After the March 15 Terror can division. Attacks, former race relations commission Joris De Bres said that during his term he repeatedly Tangata whenua asked the government and police to create a There are a wide range of views on New Zealand’s central system for recording details about crimes migrant and refugee settings expressed by motivated by hatred and racism.650 The HRC different Māori politicians and political groups, reports on the number of complaints it receives iwi, public commentators and scholars. While and identified that there had been an increase in some link migration to housing shortages, leading complaints about racial disharmony. In 2018, over to proposals for a total halt to migration,653 400 complaints were received, which included there are plenty of other thinkers parsing complaints about hate speech, an increase of the differences in migration settings with the 26 per cent since 2014. After the March 15 Terror challenges to infrastructure and inequality.654 Attacks, the Islamic Women’s Council highlighted One clear theme from pro-migration advocates how they had been aware of the growing threat is that the structures of colonialism are often towards their community and their frustration the same as those that seek to blame migrants in telling the government and not receiving any for contemporary problems and that settlers support to address this.651 of colour and Māori need to strengthen The HRC’s 2017 “Give Nothing to Racism” their relationships to allow for non-colonial campaign has also been a recent high-profile approaches to welcoming migrants.655 success, attracting celebrity and public endorsement, as well as being well received internationally, for example, by the recent West Indies cricket team.652 A second iteration of the campaign was launched in 2020, focusing on the voices of racism.

653 Radio New Zealand (2020). Māori Party housing policy includes immigration halt, homes on ancestral land. Radio New Zealand. 649 Human Rights Commission (2017). We need to collect hate crime 24 September. https://www.rnz.co.nz/news/political/426797/ data. https://www.hrc.co.nz/news/we-need-collect-hate-crime-data maori-party-housing-policy-includes-immigration-halt-homes-on- 650 Greenfield, C. & Menon, P. (2019). Before mosque attacks, New ancestral-land Zealand failed to record hate crimes for years, Reuters. https:// 654 For example, see Rata, A. (2020). 5 reasons the Māori Party’s www.reuters.com/article/us-newzealand-shooting-intelligence- anti-immigration stance is kaka. eTangata. 3 October. https://e- anal/before-mosque-attacks-new-zealand-failed-to-record-hate- tangata.co.nz/comment-and-analysis/5-reasons-the-maori-partys- crimes-for-years-idUSKCN1RB0PW anti-immigration-stance-is-kaka; Stoddart-Smith, C. (2020). My 651 Rahman, A. (2019). We warned you. We begged. We pleaded. And beloved Māori Party has let me down with its immigration policy. now we demand accountability. The Spinoff, 17 March. https:// The Spinoff. 3 October. https://thespinoff.co.nz/atea/03-10-2020/ thespinoff.co.nz/society/17-03-2019/we-warned-you-we-begged- my-beloved-maori-party-has-let-me-down-with-its-immigration- we-pleaded-and-now-we-demand-accountability policy 652 Voerman, A. (2020). Black Caps, West Indies take a knee in support 655 See, for example, Rata, A. & Al-Asaad, F. (2019). of Black Lives Matter before first Twenty20. Stuff.27 November. Whakawhanaungatanga as a Māori Approach to Indigenous– https://www.stuff.co.nz/sport/cricket/black-caps/123525318/ Settler of Colour Relationship Building. New Zealand black-caps-west-indies-take-a-knee-in-support-of-black-lives- Population Review, 45, 211–233. https://population.org.nz/app/ matter-before-first-twenty20 uploads/2019/12/NZPR-Vol-45_Rata-and-Al-Asaad.pdf

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12.6 What are the needs and gaps?

While stronger connections to tangata whenua approaches to immigration and refugees are slowly emerging, specific approaches to multiculturalism based on the bi-cultural Te Tiriti o Waitangi foundations are still to be developed. From 2008 to 2019, Te Runanga o Kiririroa, alongside other key partners, welcomed each group of refugee arrivals with a pōwhiri in Hamilton, and occasional pōwhiri still occur. One good example of evolving work is the bi-annual welcome of new migrants and refugees onto Araiteuru marae in Dunedin.656 In Auckland, Ngāti Whātua have recently been working to welcome new migrants, including refugees, onto the marae. A partnership to make a marae visit part of the welcome to all new refugees in the region they are settled could increase Māori/migrant connections and relationships. While public sentiment is more positive to migrants in New Zealand than in many other countries, there are still basic misunderstandings around what differentiates types of refugees and migrants. More work could also be done to highlight how migrants solve some of the infrastructure problems in New Zealand rather than simply exacerbating them. For example, refugees are regularly criticised for taking up state housing, but few people know that many of the iconic post-World War Two architects, and hence people who were helping to solve housing issues, were refugees.657 There is a need to show the productive side of new migrants, rather than seeing the quota or new migrants as simply numbers.

656 Harwood, B. (2020). Call for community to gather for powhiri. The Star. 19 November. https://www.odt.co.nz/the-star/call- community-gather-powhiri 657 Fitzpatrick, C. (2016). Diaspora by Design: Jewish Refugee Architects and Wellington City. https://www.holocaustcentre.org. nz/uploads/1/2/2/4/122437058/jewish_architects_2.pdf

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Community Organisation 13. Refugee Sponsorship Additional This report does not include discussion on the Community Organisation Refugee Sponsorship categories and issues (CORS) as the category remains small and is still in pilot phase. Four NGOs and 24 refugees participated in the CORS pilot, which began in 2018. The 2020 government budget included 13.1 funding to extend the programme for a further three years with 50 refugee places available per Categories annum and a collaborative design process is During the preparation of this report, several currently being tendered. Depending on COVID-19 additional visa pathways were considered. border restrictions, this second pilot is scheduled Desktop research using the structure described to begin in July 2021. A group based out of South above has not been carried out on these issues, West Baptist Church is leading the sponsor but we have highlighted them to show the range side of the expanded pilot and is operating as 660 of other categories and issues that might become Refugee Sponsor Hub. A similar programme a focus of New Zealand Red Cross in the future or in Canada was a world-leading example of this which will have a significant enough public profile kind of scheme, with places being in addition to 661 that some response or position from New Zealand the government assisted quota. In contrast, Red Cross may be required. Australia now maintains a 1,000-person strong community sponsorship category within the Pacific Access Category annual humanitarian, refugee quota.662 The Irish and Samoan Quota Red Cross and British Red Cross have played a key role in the expansion of community As part of the international/humanitarian sponsorship.663 intake, 1,750 Pacific people are granted residency in New Zealand every year. Recent Sponsored visa categories work commissioned by the Ministry of Business, Innovation and Employment (MBIE) has focused Though not a migration category, sponsorship on the disjunct between expectations and the is a requirement for particular visas for people reality of everyday life in New Zealand, with in particular circumstances and/or for particular a review of these processes being recently countries. This category is of particular interest completed and published.658 However, as with to New Zealand Red Cross after sponsored visa other humanitarian intakes, the registration for holders were ineligible for VCMM. both ballots have been suspended until a time Sponsored visitor visas are routinely used by when the international border is able to open. New Zealand’s Pacific communities as no Pacific As of publication, there is no news on when this country is eligible for the visa-waiver programme: category will resume.659 to visit New Zealand, family members, for example, need to sponsor their relatives and guarantee their welfare and health while in the country.

660 Refugee Sponsor Hub (2021). Homepage. https://www. kiwiswelcomerefugees.com 658 Kantar (2019). Evaluation of the Samoan Quota and Pacific 661 Stephens, M. (2020). Expanding Community Sponsorship in Access Category pre-settlement information pilot Phase 1 Report: Aotearoa New Zealand. February. https://www.swbc.org.nz/wp- Findings to inform development of resources. July. Report content/uploads/2020/02/PDF-B.pdf commissioned by the Ministry of Business, Innovation and 662 Refugee Council of Australia (2021). The Community Support Employment. https://www.mbie.govt.nz/dmsdocument/11520- Programme. 22 February. https://www.refugeecouncil.org.au/ evaluation-of-the-samoan-quota-and-pacific-access-category-pre- community-support-program settlement-information-pilot-phase-1-report 663 European National Red Cross and Red Crescent Societies (2021) 659 Immigration New Zealand (2021). Information about Pacific Access PERCO handbook on Safe Avenues to access protection across Category Resident Visa. https://www.immigration.govt.nz/new- Europe. Platform for Red Cross and Red Crescent European zealand-visas/apply-for-a-visa/about-visa/pacific-access-category- Cooperation on Refugees, Asylum Seekers and Migrants. resident-visa Forthcoming. See: https://www.ifrc.org/perco

120 MIGRATION SCOPING REPORT 13. ADDITIONAL CATEGORIES AND ISSUES

There are also potential challenges in the in the organisation. In June 2019 Volunteer New work sponsorship visa, where the balance of Zealand’s national strategy to support migrant power between employer and employee is volunteering was released. This document aims to unintentionally skewed by the requirement both improve migrant experiences volunteering to remain with one employer. As Collins as well as to increase the numbers of migrants in and Stringer note, being tied to a particular volunteer work.667 employer makes the worker more vulnerable to exploitation and less likely to report violations of Alternative employment opportunities 664 employment law. While there must remain an absolute humanitarian focus when it comes to the refugee Parent Resident visas quota and other established pathways, there are Recent years have seen numerous changes emerging opportunities to work with groups like to the conditions under which permanent Talent Beyond Boundaries (TBB) to offer refugee residents are able to sponsor their parents protection through non-humanitarian visas. on a pathway to permanent residency in New New Zealand Red Cross has been one participant Zealand. In 2016, temporary restrictions were in conversations with TBB in 2019 and 2020 placed on this category. In October 2019, the about replicating the successful programmes category was reinstated but with much higher in Australia and the United Kingdom. This income thresholds for the children of applicants. involvement has extended to discussing how Immigration New Zealand suggested this would programmes like Pathways to Employment or disqualify 85 per cent of those on the waiting other settlement support could be tied into an list.665 The visa would also be capped at 1,000 emerging TBB programme. As of January 2021, places per year, though there is also a Parent there are some challenges with changes to visa Retirement Resident Visa that allows those with programmes, but TBB is evaluating options to $1 million to invest in New Zealand, and a regular trial the programme with existing visa categories income to gain permanent residency.666 while post-COVID-19 visa categories are being developed by Immigration New Zealand. 13.2 Emerging Issues

During the preparation of this report, several emerging migration issues were identified. Desktop research using the structure described above has not been carried out on these issues.

Migrant volunteering Volunteering creates an opportunity for former refugees and migrants to participate, develop new skills and knowledge, meet people, integrate, and contribute to society. New Zealand Red Cross has a strategic theme of reimagining volunteering

664 Collins, F., & Stringer, C. (2019). Temporary Migrant Worker exploitation in New Zealand. Report for Ministry of Business, Innovation and Employment. https://www.mbie.govt.nz/ dmsdocument/7109-temporary-migrant-worker-exploitation-in- new-zealand 665 McCulloch, C. (2019). New parent visa to retain skilled migrants pushing some to leave NZ. Radio New Zealand. 8 October. https:// www.rnz.co.nz/news/national/400508/new-parent-visa-to-retain- skilled-migrants-pushing-some-to-leave-nz 667 Volunteer New Zealand (2019). Te Rautaki mō Whanaungatanga: 666 Immigration New Zealand (n.d.). Parent Retirement Resident Visa. A National Strategy to Support Volunteering for Recent Migrants. https://www.immigration.govt.nz/new-zealand-visas/apply-for-a- June. https://www.volunteeringnz.org.nz/wp-content/uploads/ visa/about-visa/parent-retirement-resident-visa VNZ-RMStrategy-DIGITAL.pdf

121 NEW ZEALAND RED CROSS

Note: As the chapters of this document are intended to be able to be read separately, each new chapter will reintroduce abbreviations. While this might not help with the flow of the Glossary entire document, it is necessary for readers who may see only one chapter.

APMN — Asia Pacific Migration Network FAST – Finance Against Slavery and Trafficking

APOD — Alternative Place of Detention HRC — Human Rights Commission

APRRN — Asia Pacific Refugee Rights Network HSP — Humanitarian Settlement Program

ASST — Asylum Seeker Support Trust ICCI — Inter Church Commission on Immigration and Refugee Resettlement ATCR — Annual Tripartite Consultations on Resettlement ICRC — International Committee of the Red Cross

ATR — Approval To Recruit IFRC — International Federation of the Red Cross and Red Crescent BORA — Bill of Rights Act ILO — International Labour Organization CALD — Culturally and Linguistically Diverse INZ — Immigration New Zealand CDEM — Civil Defence and Emergency Management IOM — International Organization for Migration

CLING — Community Languages Information IPCA — Independent Police Conduct Authority Network Group IPCC — Intergovernmental Panel on CMIA — Christchurch Migrant Inter—Agency Climate Change

CORS — Community Organisation IPT — Immigration and Protection Tribunal Refugee Sponsorship LIM — Land Information Memorandum CTU — Council of Trade Unions MBIE — Ministry of Business, Innovation DIA — Department of Internal Affairs and Employment

DHB — District Health Board MCDEM — Ministry of Civil Defence and Emergency Management DPMC — Department of Prime Minister and Cabinet MFAT — Ministry of Foreign Affairs and Trade

DRM — Disaster Risk Management MIQ — Managed Isolation and Quarantine

ENZ — Education New Zealand MP — Member of Parliament

ESOL — English for Speakers of Other Languages MSD — Ministry of Social Development

122 MIGRATION SCOPING REPORT GLOSSARY

MRRC — Mangere Refugee Resettlement Centre – PRA — Prostitution Reform Act (2003) Te Āhuru Mōwai RASNZ — Refugees as Survivors New Zealand MWA — Migrant Workers Association of Aotearoa RCOA – Refugee Council of Australia NCCRA — National Climate Change Risk Assessment RFL — Restoring Family Links

NEMA — National Emergency RFRT — Wellington Refugee Family Management Agency Reunification Trust

NGO — Non—governmental organisation RFSC — Refugee Family Support Category

NPM — National Preventive Mechanism RMA — Refugee Medical Assistance

NZISA — New Zealand International RMS — Refugee and Migrant Service Students Association ROMI — Returning Offenders (Management and NZUSA — New Zealand Union of Information) Students’ Association RRC — Resident and Reporting Conditions

OEC — Office of Ethnic Communities RSE — Recognised Seasonal Employer

OECD — Organisation for Economic Co—operation RSLG — Regional Skills Leadership Groups and Development RTR — Refugee Trauma Recovery OHCHR — Office of the High Commissioner of Human Rights SSVI — Strengths—based Social Vulnerability Index OIA — Official Information Act (1982) SWP — Seasonal Worker Programme PARS — Prisoners Aid and Rehabilitation Society TBB — Talent Beyond Boundaries PICUM — Platform for International Cooperation on Undocumented Migrants UNESCO — United Nations Educational, Scientific and Cultural Organization

UNHCR — United Nations High Commissioner for Refugees, or the United Nations Refugee Agency

VCMM — Visitor Care Manaaki Manuhiri

WOC – Warrant of Commitment

WRD — World Refugee Day

WREMO — Wellington Regional Emergency Management Office

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