"Toward a Modern Slavery Act in New Zealand - Legislative landscape and steps forward", September 2021

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Recommendations

New Zealand’s business landscape is dominated by small and medium-sized enterprises (SMEs), not by large companies and/or multinational corporations. It is unclear to what extent domestic consumer awareness of offences in supply chains will act as a stimulant to remedial action. Thus, to simply graft even the “best” of international initiatives and practices onto New Zealand law would likely be simplistic and would not guarantee fitness for purpose. Instead, the objective should be to take account of the distinct features of the New Zealand context, and develop a bespoke solution which ensures an appropriate degree of harmonization with other states. In making these recommendations, we take the view that New Zealand’s criminal law largely encapsulates offences of modern slavery, and does not need urgent reform. To do so would risk introducing unnecessary confusion and uncertainty, for little gain.

Recommendation 1: Introduce due diligence legislation, not United Kingdom- or Australia-style transparency [...]

Recommendation 2: Define “modern slavery” in the context of New Zealand and specify the core criteria of modern slavery legislation [...]

Recommendation 3: Consider the global context of modern slavery legislation [...]

Recommendation 4: New Zealand should criminalise forced labour more completely, like Australia and United Kingdom [...]

Recommendation 5: New Zealand should emulate Australia in capturing transnational forms of debt bondage [...]

Recommendation 6: New Zealand should consider implementing a statutory defence of [being a victim] of human trafficking [...]

Recommendation 7: Consider ratification of additional ILO instruments and additional regional engagement [...]