Watch live: Migrant exploitation could be rife, Epidemic Response Committee hears

Simon Bridges is the chair of the Epidemic Response Committee

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The Government's Immigration Amendment bill being fast-tracked through Parliament is being examined by the Epidemic Response Committee.

It will later hear from representatives from the business sector about the Covid-19 Response (Further Management Measures) Legislation Bill.

Community Law today warned there could be a looming migrant welfare crisis as many are now without work but unable to access a benefit.

That could lead to migrant exploitation, said Community lawyer Sarah Croskery-Hewitt.

Community Law broadly supported the Immigration Amendment bill but was concerned there was nothing in it stating migrants' current rights couldn't be taken away, she said.

The New Zealand Law Society also called for more safeguards and cautioned against "granting extraordinarily broad powers to the minister" without them.

Law Society spokesperson Debra Angus told the committee yesterday the bill was being passed very quickly, with little opportunity for considered scrutiny.

"The minister will have absolute discretion to issue 'special directions' which potentially could affect many thousands of people and will also be able to vary sections of the Immigration Act that would otherwise apply.

"These are extraordinary powers and need to be very carefully scrutinised," Angus said.

It was preferable for the new powers to be exercised through regulations or Orders in Council, which is a more considered process that can still be responsive and flexible in times of emergency, she said.

The Law Society also recommended other changes to the bill to ensure the new immigration powers can be exercised in the public interest, but not at the expense of the rights held by migrants, refugees and visa applicants.

The bill, introduced to Parliament on Tuesday, temporarily amends immigration law to make it more flexible and responsive to the challenges posed by Covid-19.

The bill introduces eight time-limited powers allowing it to:
• Impose, vary or cancel conditions for classes of temporary-entry visa holders
• Vary or cancel conditions for classes of resident-class visa holders
• Extend the expiry dates of visas for classes of people
• Grant visas to individuals and classes of people in the absence of an application
• Waive any regulatory requirements for certain classes of application
• Waive the requirement to obtain a transit visa
• Suspend the ability to make applications for visas or submit expressions of interest in applying for visas by classes of people
• Revoke the entry permission of people who arrive either on private aircraft or marine vessels (to align them with people who arrive on commercial flights, who can already be refused entry)

Yesterday, New Zealand Association for Migration & Investment director Peter Moses said while they supported the bill it needed to have additional safeguards.

He said there are about 350,000 temporary visa holders in New Zealand, of which about 75,000 of those are student visa holders and a little more than 200,000 are work visa holders.

Roughly 50,000 businesses employ the migrant workers and needed urgent requirements to their immigration status.

"As a result of the Covid-19 pandemic, many if not most face serious difficulties."

New Zealand Winegrowers said they were facing a "fairly critical" labour shortage despite many migrant workers being out of work because the current visa conditions didn't allow them to change jobs.

A lot of workers were "languishing" without anything to do so they supported the flexibility provided by the bill, representatives for the organisation said.

"We very much see this bill as a win-win," they said.

Later the committee will hear from representatives from BusinessNZ, Ngāti Whātua Ōrākei Trust, New Zealand Law Society, Commerce Commission, New Zealand Society of Local Government Managers, Restructuring and Insolvency & Turnaround Association New Zealand, Local Government Association and the Institute of Directors.