Read The Times Australia

Daily Bulletin

Previous governments blocked it, but anti-slavery law should now be an urgent priority for New Zealand

  • Written by: Kris Gledhill, Professor of Law, Auckland University of Technology

The call by New Zealand business leaders for an inquiry into the need for a modern-day slavery law is welcome but long overdue.

As a recent investigation of New Zealand business and political links to the oppression and exploitation of China’s Muslim Uighur population showed, the issue is increasingly urgent.

At the centre of the problem modern slavery law seeks to address is the globalisation of business supply chains. Exploitation by forced labour or slavery can happen at any stage, from mining, fishing and harvesting to manufacturing and packaging.

Proper audits of supply chains would help ensure businesses are not complicit (wittingly or unwittingly) in that exploitation.

Given New Zealand prides itself on being an early proponent of human rights such as women’s suffrage and social security, this should be taken seriously. As the business leaders’ letter put it, “Modern slavery goes against our Kiwi values.”

NZ has fallen behind

International prohibition of forced labour goes back to an International Labour Organisation treaty from 1930, the Forced Labour Convention, which New Zealand agreed to in 1938.

Moreover, all multinational companies operating in New Zealand should be taking steps to support human rights generally and ensuring they guard against forced labour.

This is required under OECD guidelines going back two decades, which New Zealand has agreed to implement.

On modern slavery, however, New Zealand now sits behind the US, the UK and Australia. What’s worse, our parliament rejected previous opportunities to make progress.

Read more: Global supply chains link us all to shame of child and forced labour

Failed attempts at reform

Section 54 of the old Customs and Excise Act 1996 prohibited the import into New Zealand of various items, including those produced “wholly or in part by prison labour”.

In 2009, then-Labour MP Maryan Street introduced a Customs and Excise (Prohibition of Imports Made by Slave Labour) Amendment Bill. This proposed that goods produced by slave labour be added to the act’s statutory list.

The bill also defined slave labour as “labour by persons over whom any or all of the powers attaching to the right of ownership are exercised”. Street noted she was following a lead set in 1930 by the USA.

International human rights treaties prohibit slavery, servitude and forced labour. But forced labour is defined in such a way that work required under a prison sentence can be permissible.

So, it seemed reasonable that a country like New Zealand, which already prohibited imports produced by prison labour, should adopt at least as strict a rule for imports linked to slavery or forced labour.

Protestors wearing yellow masks Popular pressure: a 2017 protest in London against modern slavery. GettyImages

A history of political opposition

The National-led government of the day disagreed, arguing it was simply too difficult to establish which imports might have involved slave labour. The complexity of supply chains meant this would be an overly onerous task for businesses.

The combined votes of the National and ACT parties rejected further discussion at select committee level.

In 2016, then-oppostion Labour MP Peeni Henare attempted to reintroduce the bill, but the government position remained the same. The combined votes of National, ACT and United Future prevented further consideration.

No one from the government benches was able to explain why it was any more difficult to define or audit imports produced by slave labour than those produced by prison labour.

Read more: Five ways to work out if a company is serious about tackling modern slavery

Time to catch up

Things have changed. Last year, the Ministry of Business, Innovation and Employment released a draft plan of action against forced labour, people trafficking and slavery.

It contains many proposals, but perhaps the simplest solution lies within the new Customs and Excise Act 2018. Like its 1996 predecessor, this allows legislative orders in council to be issued that identify categories of prohibited imports. These include goods made by prison labour.

Since orders in council are much easier to pass than conventional legislation, it is now a simple task to add the much-needed ban on the import of goods made by slave labour. This should be extended to cover all forms of forced labour.

If and when this happens, many New Zealand companies will have to audit their supply chains. But companies doing business in Australia (if they have annual revenue over AU$100 million) already have to provide a modern slavery statement.

This requires an audit of the risks in their operations and supply chains, and a statement of what has been done to address those risks.

Read more: How UK asylum system creates perfect conditions for modern slavery and exploitation to thrive

New South Wales is planning a similar requirement for corporations with a turnover of AU$50 million or more. California has equivalent legislation, as does the United Kingdom (with a global turnover threshold of £36 million).

It is a pity the business group speaking up now was not as organised in 2009 and 2016. Had things been different, New Zealand could have built up the auditing skills needed and could even have been exporting that expertise and best practice as an industry in itself.

The political parties that supported change in 2009 and 2016 are now in government. But nothing has changed since those failed attempts to reform the law — other than that New Zealand is falling further behind its competitors.

Authors: Kris Gledhill, Professor of Law, Auckland University of Technology

Read more https://theconversation.com/previous-governments-blocked-it-but-anti-slavery-law-should-now-be-an-urgent-priority-for-new-zealand-157497

Business News

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

Turning Your Empty Tables into Revenue

The rise of AI demand tools in hospitality, the EatClub–CommBank partnership, and seven trends reshaping Australian dining  A growing number of Australian venues are turning to AI-powered demand mana...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...