Red Alert

Archive for the ‘Immigration’ Category

Money talks

Posted by Darien Fenton on April 27th, 2012

Today we learn that the government caved into another demand from Sir Peter Jackson and Warner Bros which involved bending immigration rules in their favour.

In 2010, Peter Jackson told Government Ministers that Warners were worried about our employment law, because the distinction between “contractors” and “employees” established five years earlier in the Bryson case required employers to treat him as an employee.

Bryson was not an actor, yet we changed the law because Warners said so and in doing so, removed rights for a whole category of workers.

Turns out, it was just one of their demands.

Official Information finally released, shows that the government was only too happy to fall into line with other concerns, such as the alleged visa “blockages” for overseas performers.

And hey presto : changes have been made. And they don’t only apply to actors – they apply to everyone working in the industry.

I seem to recall John Key saying this was about New Zealand jobs.

But secret deals in immigration processes like this completely undermine our immigration systems and are unfair to Kiwi workers.

The integrity of our immigration system stands or falls on transparency, but this latest revelation adds to a trend of giving privileges to the better off and a willingness to bend the rules when money is involved.

Update: You can view the OIA request here.


Shhhh – that wasn’t the real BIM

Posted by Darien Fenton on March 5th, 2012

National is planning a raft of changes around immigration that somehow seem to have been ‘left out’ of last month’s Briefing to the Incoming Minister of Immigration (BIM).

There’s a post-BIM BIM – a secret Briefing titled Issues and decisions for the first 100 days, which was prepared for new Immigration Minister Nathan Guy and Associate Minister Kate Wilkinson.

It reveals, among other things, Government plans to tighten up requirements for family members seeking residency in New Zealand, with preference to be given to the better off. Parents seeking residency in New Zealand to be with their children will face tougher tests according to the income levels of both themselves and their children. Parents whose families have higher incomes will go straight to the front of the queue in a  ‘Tier One’ category and face less stringent eligibility tests, while those less well off will be ranked ‘Tier Two’ and will face tougher conditions and longer waiting times.

There are already tough measures around the parent category.  They have to be sponsored and supported for at least five years. There’s a waiting list and defined numbers.  National made it even harder last year with its new “Parent Retirement Categories” which allows rich people to retire in New Zealand and be given preference over others.

The Adult Child and Sibling Category will be abolished altogether. These changes were signed off by Cabinet in May 2011, yet there was no mention of them in the publicly released Briefing to the Incoming Minister.

It  seems that only those with pot loads of money are welcome in our country.  We roll out the red carpet for people for them, to the extent we are prepared to change our laws and sell off our land.

There’s much more required for family reunification and good settlement outcomes than money, but that’s becoming the only criteria that matters.

But shhhh, it’s a secret, and you will only be told when the Minister decides you should be.


Paying attention

Posted by Darien Fenton on January 29th, 2012

The government has been asked to explain the inconsistency between the decision in Kim Dotcom’s residency application (which was granted) and his application to buy more than five hectares of New Zealand land (which was denied). Some might say that Jonathan Coleman should have paid more attention when  he was advised by Immigration NZ of their decision to waive the good character requirements for Mr Dotcom’s Investor Plus residency application. Others might say that alarm bells should have rung when Ministers Maurice Williamson and Simon Power overturned the decision by the OIO to enable Mr Dotcom to purchase properties in New Zealand because he didn’t meet the good character test.

John Key says it’s an “anomaly” and he’s looking into that.  Okay.

But here we see Key telling us in this video that the first time he’d heard of Kim Dotcom (who lives in John Key’s electorate) was when the Solicitor General advised him of the pending raid the night before.

However, some of his constituents, who live on the same road as Kim Dotcom say they contacted John Key’s Huapai office several times to complain about the dangerous driving of  Kim’s mates on their road and to express concerns about his residency and the OIO approval. Another neighbour of Mr Dotcom’s requested a meeting with John Key to discuss his concerns, but got absolutely nowhere. They’re a bit confused about John Key’s response.  Either their concerns weren’t passed on, or they were ignored.

I know our Prime Minister’s a busy and important man, but he also has responsibilities to his constituents and they were entitled to expect his interest.

Sometimes paying attention matters, even when you are the Prime Minister.


New portfolio – tell me what you think

Posted by Darien Fenton on January 2nd, 2012

As you will have seen from Labour leader David Shearer’s recent reshuffle, all MPs, ranked or not, have been given significant portfolios.

I’ve got two portfolios – one I’ve had for the past year (labour) and a new one (immigration), both of which I am pleased to have been given.

Immigration is closely associated with labour market issues, so there are many questions.  For example  :

  1. Have we got the balance right between the need for skilled workers, and the growing skills gap among New Zealanders?
  2. When we bring skilled migrants to New Zealand, do we treat them fairly? (Lianne wrote an excellent piece on this last year)
  3. Are we taking the easy option in cases when it seems too hard to get Kiwis to work in low wage jobs – ie aged care and other caregiving work?
  4. Are our schemes, such as the RSE scheme working well, or are there things we could do better?
  5. Have the government’s schemes such as Immigration Plus or the Immigration Retirement Package for wealthy immigrants delivered?
  6. And the biggie : why does Australia continue to attract skilled migrants from New Zealand and what should be done about it?

Let me make it clear.  I’m not into attacking immigrant communities, or doing a Winston Peters. Immigration has been an essential part of New Zealand history and the building of our nation. We all came from somewhere else, whether it was in the last two centuries, or hundreds of years ago.  We all have family stories, some recent and some from times past.  They all contributed to who we are as Kiwis today, and will continue to do so.

But I am interested in how we do things better, more openly, more fairly and more transparently.

So your views are very welcome.


Are you a lazy and unmotivated NZ worker?

Posted by Darien Fenton on August 8th, 2011

Because this farmer says you are.

According to Mr Bloem, who is a long term pig farmer, productivity has soared since he employed Filipino workers at its Highcliff piggery and his operation is producing an extra 1500 pigs a year from the same number of sows.

He had become frustrated with New Zealand workers who were “lazy, unmotivated and didn’t want to go the extra mile to learn anything”.

“In the end, I had nothing to lose,” he said.

This farmer was given a contact in the Phillipines through his pig-breeding company, and the contact’s uncle, brother-in-law and nephew came to work on the property about 2007.

Two of the Filipino workers remain on the property, while a third has moved on but has been replaced. Mr Bloem says they were all quick learners and very motivated to get excellence performance.

Mr Bloem says that in all his years as a pig farmer, there were probably only four or five staff that he would previously have considered worthwhile to send for further training. He encouraged training and one of his Filipino workers, Jimmy Malit, recently achieved a herd manager qualification through industry training organisation AgITO.

I don’t doubt Mr Bloem’s claim that the  Pork Industry is tough going. And I have no doubt that Filipino workers are motivated to work hard and do well so they can stay in New Zealand.

But additional questions for Mr Bloem I have include :

  • How much do you pay your workers?
  • How do you treat your workers?
  • How do you help ensure they have a future in the industry they can be part of, and proud of?

I’m not prejudging the answers.  I’m just saying that in my experience, NZ (and all) workers are only “lazy and unmotivated” where they are paid poorly and treated badly.

Or have I got that wrong?  Should they just be grateful to have a job?

I have no problem with skilled overseas workers coming to work in New Zealand.  But we need to ask questions where workers from other countries are doing the work no New Zealander will do because of low wages and poor treatment.


Immigration for innovation, lessons from NY

Posted by David Shearer on July 5th, 2011

Here’s some smart thinking by the Mayor Bloomberg of New York City. Something I think we should copy.

…”The Mayor proposed green cards for graduates with advanced degrees in essential fields; a new visa for entrepreneurs with investors ready to invest capital in their job-creating idea; more temporary and permanent visas for highly skilled workers…The Mayor also announced the results of a study conducted by the Partnership for a New American Economy – a bipartisan group of business leaders and mayors from across the country – that found more than 40 percent of Fortune 500 companies were founded by immigrants or the children of immigrants and those companies employ more than 10 million people worldwide and have combined revenues of $4.2 trillion.”

A resident permit for every foreign graduate with qualifications that we value and need, especially those who complete studies here. Not only smart, educated immigrants with skills we want who have also gotten to know NZ while here, but those with valuable links back to their home countries. A no brainer?


It’s a cracker

Posted by Clare Curran on June 25th, 2011

Come home John Clarke. If I say it often enough will he hear me?


Big Australia

Posted by Brendon Burns on April 30th, 2011

You may have heard of the Big Australia policy – a push for Australia’s population to stretch from 22m to 35m by 2050. One of its key advocates is demographer Bernard Salt who yesterday addressed ACPAC, the conference of Australasian public accounts committees, meeting in Perth, which as an FEC member I am attending with chair Craig Foss.

Salt peppered his address with plenty of NZ references. How we parallel Australia in farm aggregation pushing us to increasingly live on or near the coast, how we face a ‘man drought’ – from about age 22 there are more females than males, peaking at age 35 with a 12% disparity. ( A key part of that being more young Kiwi men than women heading to Australia, in particular, for higher paid work. Salt noted that we have around 550,000 NZers living in Australia and if you tote up the rest, the thick end of one million Kiwis living overseas.

Meanwhile, 2011 sees the first baby boomers turning 65 and able to retire with a pension.  For Australia that means while last year it had a net gain of 250.000 people coming into the workforce, this year it’s only at best 150,000. Maintaining any net gain of workers vs retirees each year can only be maintained if Australia keeps up its acceptance of migrants.

Salt notes that when Japan’s demographic fault line occured in 1994 – more retiring than starting work – the Japanese economy stalled and has never recovered. Baby boomer Australians can now expect to live till 85 on average; 40 years ago it was 72. NZ figures will be similar. My dad died last year at 91; he had been retired 30 years.

Salt argues that Australia needs to actively boost its acceptance of migration to meet increasing life expectancy, to prop up the tax base, fill gaps in the skills base,  meet some humanitarian obligations – and bluntly, because taking 20-somethings that some other country has educated means getting 40 years of work for no earlier costs. (And yes, while this can be seen as “robbing’ third world countries, he maintains that the world is going to get more brutal in competition for resources, and many who chose to live in Australia will repatriate funds home.)

Some big issues here for us to consider. Immigration has long been a key driver of maintaining NZ’s economic growth. I’ve long thought one of the problems is that too many migrants head for Auckland and put infrastructure, the environment and housing costs under further pressure. If there were a mechanism to encourage more migrants into the areas where NZ is depopulating – rural communities, some provincial cities – we would get a win/win; population growth where it’s more needed and better use of public assets at some risk, such as schools and hospitals. I put this to Salt after his address. Turns out he has written recently on the issue and believes there is a case for encouraging migrants who agree to live for a few years in rural/provincial areas. Sure, once they gained permanent residence or citizenship they would be free to live anywhere – but some are likely to have put down roots. Personally there are few parts of NZ which I couldn’t see myself living, if for example, family connections drew me to it.  

I’m not convinced we need a ’Big New Zealand’ policy. I’d prefer to see us drawing back some of those near 1 million expatriate Kiwis. We did get a boost when the global recession happened but frankly, it’s a big ask with wage rate differentials of 30% across the Tasman. Migration tailed off as a result of the recession but will undoubtedly pick up at some point.  

Steering more new arrivals into areas other than Auckland, especially some of our rural towns and cities, would seem to make sense.


How is closing the gap with Aussie going John

Posted by Trevor Mallard on February 20th, 2011

Bernard Hickey has good piece pointing to serious problems if we can’t reverse the drain of our best qualified most highly productive people offshore.

A hole has quietly opened up in our population and economy. That hole should make home builders, shopkeepers, economists, politicians and elderly voters very nervous.

If it remains New Zealand’s economy faces some ugly choices within the next 10 to 20 years.

Demography expert Professor Natalie Jackson from Waikato University identified this population gap at a symposium for chief financial officers this week in Auckland.

She showed how a significant proportion of those aged 15 to 19 in 2006 had left the country in the past four years.

Jackson displayed a bar chart showing how a chunk of the age group that should have flowed through unchanged from one era to the next has simply upped and left.

The signs are many more are leaving than is usual and they are returning at a much reduced rate than in the past.


Here’s an Idea Minister – sort the muddle

Posted by Darien Fenton on December 22nd, 2010

Thousands of carers employed by Idea Services will have to wait until February for the Court of Appeal’s decision on the sleepover case, where the Attorney General and IHC are appealing an Employment Court decision that ruled that sleeping over on an employer’s premises and being on call was “work” and should be paid the hourly minimum wage of $12.75 per hour.

But while the appeal drags on, there’s confusion between government departments about how to apply the Employment Court ruling.

On the one hand, existing workers continue to perform sleepovers at the fixed allowance of $34 a night, while the Department of Labour keeps its head down.

On the other hand, Immigration NZ is refusing to allow overseas workers  to work for Idea Services because they are “not complying with New Zealand employment laws” – specifically the Minimum Wage Act. They are applying this to both work permits and residency applications.

One young woman who has been in New Zealand for ten years studying and working as a Mental Health and Disability Support worker  had her application for residence turned down for this very reason.  She had a job offer from Idea Services, but her residency application based on her qualifications and job offer from Idea Services was rejected because “Idea Services is not complying with employment laws and therefore her employment creates unacceptable risks to the integrity of New Zealand’s laws and policies.”

Technically, Immigration NZ are correct.  Under policy SM7.20 : requirements for employers, all employers wishing to employ non-New Zealand citizens or residents must pay employees no less than the appropriate adult minimum wage or other contracted industry standard.”  I support this policy strongly, but how bizarre that one arm of government (Immigration NZ) says it’s not okay for Idea Services to employ workers in breach of the law, yet the other (Department of Labour) appears to think it is.

I’ve written to the Minister about the young woman’s case because either Idea Services is breaking the law, or it isn’t and there needs to be consistent application by government departments. She needs to sort this muddle out.

As for the government –  it’s joined the appeal and is poised to amend the Minimum Wage Act should the appeal fail, to avoid having to cough up the millions that will be needed for the backpay owed to New Zealand workers who continue to work for less than minimum wage.

Not much Xmas cheer for Idea Services workers.


Silly idea number 10 – what do you think?

Posted by Pete Hodgson on August 26th, 2010

Come up with the idea that lots of rich people would like to retire to Godzone and bring their money with them. Ignore strong official advice to the contrary.

Announce with due fanfare. Wait 3 months. Discover that only 12 have applied (of whom 7 were coming anyway), and that none have yet been granted.

 

I think this idea is –

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Migrant Workers & Economic Recession

Posted by Lianne Dalziel on August 22nd, 2010

I attended a session at the NZ Diversity Forum in Christchurch today and am a panellist at one of the sessions tomorrow.  Today’s session was organised by Migrante Aotearoa and was called “Migrant Workers & The Recession – the South Island Experience.  There were a number of excellent speakers and they raised some very important issues.  These issues are not new to Christchurch MPs as we have been very well-briefed about the impacts of the recession on skilled migrants who were still in the process of working their way to residence when the recession hit.  Jim Anderton & I wrote to Minister Jonathan Coleman requesting a meeting to discuss the situation and he refused to meet, because he knows everything.  The result of the government’s policies is that skilled migrants are not having their permits renewed (having been subjected to a fresh labour market test) and are being forced to leave New Zealand even though they have a job and are on a pathway to residence.  This means we are losing these people, despite the fact that we know we will need them again.

The session included Mike Bell from Move2NZ, giving an overview of the problems that occur when policies change after people are already in NZ. He made very good points about the link between residence and work permit policies and how changes in one impacts on the other and it is simply unfair to do that when people have quit their job and sold their house to come here. I totally agree.   I think the Minister is wrong to think that his department doesn’t encourage people to come on visitor visas, so they can look for the job that will support their skilled migrant application for residence.  It is sophistry to argue that they couldn’t expect their work visa to be automatically renewed as it is only a temporary visa.  Mike made the point that close to 40% of permanent residents were on a temporary visa in New Zealand when they applied for residence.  It’s not good enough to ignore the reality of the situation and treat them as temporary visa holders when the government knows they were planning to get residence.

We also heard from a dairy worker, Roberto Bolanos, who described the difficulties Fillipino workers faced and some of the barriers that are put in their way by Immigration requirements that they cannot easily address from Ashburton.  He also spoke about the discrimination at work – some subtle, some not so subtle, including having to speak in English with each other even on their breaks. I actually couldn’t believe this was still happening – it happened in the hospital kitchen 30 years ago where the kitchen staff were told they had to speak English – probably because the supervisors (who only spoke English) were worried that the Samoan cooks were talking about them behind their backs.  I took the case up as the union delegate and made the point that they most definitely had much more interesting things to talk about.  I also said that I would go to The Truth newspaper (that used to be useful in those days) if they didn’t take the notice off the wall – it was gone the next day!  

The session included two EEO advisers from the Human Rights Commission who talked about the migrant issues that arose in the National Conversation on Work.  This is well worth looking at as it debunks some of the myths around work, as well as identifying the issues that need addressing.  And finally we had Bill Rosenberg, an economist from the CTU, who gave an excellent overview of the current economic situation and how that impacted on the prospects & challenges for migrants – locally and globally. I have linked to the CTU’s Economic Bulletins.

I am glad that these issues are being debated, because we will always need skilled migrants, and we cannot afford to see NZ’s reputation for having a well-balanced immigration programme undermined just because we are in recession and expectations have changed.  These changed expectations should be managed from the front end – not at the point of no return for those who had a legitimate expectation they were working their way to residence.  It isn’t fair and it’s damaging to our future.


Letting in Riff-Raff- and its great!.

Posted by Grant Robertson on August 3rd, 2010

Riff Raff

Richard O’Brien, creator of the cult classic the Rocky Horror Show appears to have being granted residency in New Zealand, so Sue Moroney and I took a few minutes out in Hamilton today to celebrate with his alter-ego, Riff-Raff who has been immortalised by the city.

He has been granted an exception to policy, and while some people might have concerns, on the face of it seems reasonable. O’Brien lived in New Zealand for about 12 years during his adolesence and early twenties. He returned to NZ often as his parents remained here until they passed away a few years ago. His siblings still live here, and he owns property.

The Rocky Horror Show was a huge part of my growing up. Along with a group of friends we were kind of obsessed with the show, and to this day I can just about remember almost all the words (sad I know). We saw sit live a couple of times in the 80s with Rob Muldoon and Billy T James fulfilling the roles of the Narrator. I also remember a particularly boisterous screening of the film one Friday evening, that culminated in a mass confetti and water fight both inside and outside the theatre.

It is a total classic, and fantastic that it was written by a New Zealander. Richard O’Brien once said it was based on his experiences in Hamilton and Tauranga in the 1960s. Who knew they were that interesting….