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Work Permits—Ministerial Special Directions

Tuesday 1 August 2006 Hansard source (external site)

Smith6. Dr the Hon LOCKWOOD SMITH (National—Rodney) Link to this
to the Minister of Immigration

What procedures, if any, are in place to check, following the issuing of ministerial special directions for work permits, that recipients of those permits are not exploited by employers?

CunliffeHon DAVID CUNLIFFE (Minister of Immigration) Link to this

New Zealand employment law provides protection for all people in employment relationships working in New Zealand, including those on work permits.

SmithDr the Hon Lockwood Smith Link to this

Is the Minister concerned that the MP making representations for a special direction on a work permit for long-time illegal overstayer Mr Chaikhunpol, paid Mr Chaikunpol $1,500 for painting the entire interior of the house the MP owned at 51 Church Street, Ōtāhuhu—less than one-third the market rate for such labour, according to the Ingram report—if so, what action has he taken to ensure that the other 261 special directions made by the Associate Minister, in response to the 438 representations by Taito Phillip Field between January 2003 and October 2005, do not involve other cases of immigrant exploitation?

CunliffeHon DAVID CUNLIFFE Link to this

Employment law relates to those in employment relationships, not in contracting relationships. I note that the member’s colleague Mr Mapp, on Radio New Zealand, opposed a member’s bill that seeks to extend the law in that direction.

SmithDr the Hon Lockwood Smith Link to this

Is the Minister concerned that the MP who made representations for a ministerial special direction for a work permit for Mr Chaikhunpol, paid Mr Chaikhunpol $350 for painting work at his house at 2A Prangley Avenue, Māngere—only a quarter the market rate for such labour, as revealed by the Ingram report—if so, what action has he taken to ensure that the 261 other special directions made by the Minister in response to representations on immigration matters by Taito Phillip Field do not involve other cases of immigrant exploitation?

CunliffeHon DAVID CUNLIFFE Link to this

In 2005-06 there were approximately 100,000 work permits issued. I hope that that member is not suggesting we exercise differential standards of responsibility in favour of members of Parliament’s cases.

SmithDr the Hon Lockwood Smith Link to this

When the Minister wrote to me yesterday advising that his department had taken no specific steps to check on the special directions issued by the Associate Minister in response to representations by Taito Phillip Field, why did the Minister state: “I would note that the figure of 261 relates to all cases where Mr Field made a representation, and that not all such cases were successful.”, when in answer to a parliamentary question on 25 November 2005 the Minister advised the House that Taito Phillip Field had, in fact, made 438 representations over the 3 years to October 2005, not 261; or does the Minister’s letter confirm that his office has failed to come to terms with the enormity of the issues raised by the Ingram report?

CunliffeHon DAVID CUNLIFFE Link to this

I can tell the member that that letter to him was provided on the basis of advice that will be checked—along with, I might say, checks on this Government’s ongoing efforts around strengthening the Employment Relations Act, raising the minimum wage, and introducing paid-parental leave, 4 weeks’ annual holiday, and work-life balance.

SmithDr the Hon Lockwood Smith Link to this

If the Minister is so concerned about legislation to do those things he just described, why is his Government so unconcerned that a former ministerial colleague of his should not only pay workers at a quarter the market rate for work but actually pay them cash to avoid tax being paid and to exploit the cash economy—something that would be outrageous for any member of Parliament to do?

CunliffeHon DAVID CUNLIFFE Link to this

It is by now very old news that the member concerned did not exercise good judgment. The member concerned has sought to apologise to this Chamber, and the Green Party has sought a motion of censure. Both actions have been blocked by that member’s party, just as Mr Mapp has blocked attempts to extend the law to contractors, which would solve the problem to which the member refers.

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