Hon David Cunliffe
Minister of Immigration
Associate Minister for Economic Development
RSE POLICY TRANSITIONAL ARRANGEMENTS
GENERAL Q AND A FOR MEDIA
What transitional arrangements have been developed to help horticulture and
viticulture employers get on-board with the RSE policy?
Government and the industries have jointly developed measures to assist employers to
meet their labour requirements while they prepare to recruit under the RSE policy.
This package of arrangements consists of a two-year transitional policy (the TRSE
policy); and longer-term measures to ease the way for employers.
The Transition towards RSE (TRSE) policy:
The TRSE policy is a temporary transitional measure to enable horticulture and viticulture
employers to recruit people from overseas who are already in New Zealand. It comes
into effect on November 26 2007 and will be available for two years.
People from overseas who are already in New Zealand can apply for a permit to work in
the horticulture and viticulture industries for up to four months. Because this policy is a
transitional measure, workers will only be eligible for one TRSE work permit and will not
be able to renew it.
In order to hire workers under the TRSE policy, employers must demonstrate they are
taking practical steps to prepare for recruitment under the RSE policy – either individually
or through a cooperative approach.
Longer-term measures to assist employers meet immediate labour needs:
The following long-term changes will also be in place from November 26 2007.
o
Backpackers who hold working holiday permits can extend their working holidays
to work in the industries:
Backpackers who have worked for three or more months in horticulture or viticulture can
apply to the Department of Labour to have their working-holiday permit extended for an
extra three months.
This option is available to citizens of the 19 countries who currently participate in a
working holiday programme with New Zealand.
o
Visitors from overseas can work in the industries:
Employers can hire visitors to New Zealand to work in the horticulture and viticulture
industries for up to six weeks.
This option is only available to employers if their business is in a region where a labour
market check confirms there is a severe shortage of labour.
Visitors must contact the Department of Labour to vary the conditions on their visitor
permit before commencing work.
Why are transitional arrangements necessary?
The RSE policy was developed in close consultation with industry, to provide the core
labour supply for the industries on a sustainable basis. Take-up of the policy by industry
continues to be positive.
However, industry feedback also indicates that despite their best efforts, some employers
need more time and assistance to get on-board with the policy. This transitional package
eases the way for employers who need this extra help.
The transitional arrangements provide a stepping stone for employers aiming to recruit
under the RSE policy – they are not a long-term solution.
What do employers need to do to show they are moving to recruit under the RSE
policy, in order to recruit workers under the Transition towards RSE (TRSE)
policy?
To hire workers under the TRSE policy, employers must demonstrate they are working to
get on-board with the RSE policy.
While the TRSE policy is available for two years, it is expected that most employers will
move to recruiting under the RSE policy during this time – either individually or through a
cooperative approach.
Employers who need to recruit under the TRSE policy in the 2007/2008 year need to
demonstrate their commitment to recruiting available New Zealanders, and providing
good employment standards before being able to hire overseas people currently in New
Zealand.
Employers who need to recruit under the TRSE policy in the 2008/2009 year must show
they are on the pathway to accessing RSE labour - either individually or through a
cooperative approach.
Assistance for employers to use the transitional policy and move to RSE as soon as
possible will be available through new Regional RSE Transition Facilitators (see further
information below).
Are the current policies available to horticulture and viticulture employers (the
Approval in Principle process and seasonal work permits) still being
discontinued?
As previously announced, from September 30 2007 horticulture and viticulture employers
will no longer be able to recruit workers under the Approval in Principle process or the
Seasonal Work Permit Pilot.
What about employers whose current workers’ permits expire on September 30?
How will they get workers before the start of TRSE policy at the end of November?
Employers who have a real need for workers to remain after 30 September should
contact the Department before the workers’ permits expire, to see if they are able to be
issued a short term general work permit.
What help is available to employers to understand their options and help them
prepare to recruit under the RSE policy?
Assistance for employers will be available through new Regional RSE Transition
Facilitators, who will be based around New Zealand.
These facilitators will work closely with industry bodies, unions and government
agencies. Facilitators are currently being recruited.
How many employers have already signed up for RSE status, and how many
Pacific workers have been recruited under the RSE policy?
As of 31 August, nearly 70 horticulture and viticulture employers had applied for RSE
status; including a co-operative representing over 30 employers.
This group of employers have indicated that they plan to recruit over 5,600 Pacific
workers under the RSE policy.
Changes to Recognised Seasonal Labour Policy and Transitional Arrangements
Scheme
Existing Policy
New Policy
Working Holiday Scheme
(WHS)
People aged 18 to 30,
from 22 countries can
obtain a WHS visa before
they leave their home
country to be in NZ for up
to 12 months (23 months
for the UK), working for up
to 3 months for any one
employer.
Overseas visitors with a
WHS visa who have
already worked for 3
months in the
horticulture/viticulture
industry in NZ can extend
their permit for a further 3
months.
This is ongoing and not
linked to RSE.
Variation of Conditions
(VOC)
Transition to RSE Scheme
Year One, Oct 07 to Sept 08
Visitors or students
already in NZ who have
been offered work can
apply for a ‘variation of
conditions’ to get a
temporary work permit for
one month. A shortage of
NZ labour must be
declared.
People in NZ on a valid
visitor permit with an offer
of work can apply for a
VOC, which can be for up
to 6 weeks. It is linked to
one employer – no
regional movement.
Did not exist
Growers moving towards
RSE can become TRSE.
This requires a
commitment to become
RSE.
A shortage must be
declared, but there will be
‘express’ turnaround for
permits. Ongoing.
Must offer employment
contract (average of 30
hours work/week for
duration of employment,
access to ACC). Can then
employ people on a valid
visitors permit for four
months with an additional
two weeks training time on
an exceptions basis.
This policy utilises work
permit policy.
Year Two, Oct 08 – Sept 09
Did Not Exist
As for Year One, but must
have a transition plan in
place.
BACKGROUND ON THE RSE POLICY:
What is the RSE policy?
From September 2007, the Recognised Seasonal Employer policy will be the main
avenue for horticulture and viticulture employers to recruit seasonal labour off-shore.
The cornerstone of the RSE policy is to ensure New Zealanders have first opportunities
at jobs. Once it has been determined that there are no workers available locally,
employers can apply to recruit from the Pacific.
Successful applicants can stay in New Zealand for seven months during any 11 month
period. They cannot transfer to another permit while they are in New Zealand and must
leave at the end of their stay.
The RSE policy is initially capped at 5,000; however, the number of available places can
be varied by the Minister of Immigration depending on the forecast of New Zealanders
available and industry demand, generated by the Department of Labour and the Ministry
of Social Development.
Why is the Recognised Seasonal Employer policy necessary?
New Zealand’s low unemployment and global competition for low skilled labour has led to
an increase in labour shortages – especially in the horticulture and viticulture industries.
In order to remain competitive with the rest of the world with quality, innovation and
productivity, the horticulture and viticulture industries require an ongoing supply of labour
to fill seasonal shortages.
The RSE policy is about creating a sustainable labour supply for the industries – and
reflects the aims of the Seasonal Labour Strategy for the Horticulture and Viticulture
industries, developed between industry and government.
How does the Recognised Seasonal Employer policy work?
Employers can apply to recruit overseas workers under the Recognised Seasonal
Employer policy only when there are no New Zealanders available to do the work.
To recruit overseas workers, an employer must apply for Recognised Seasonal Employer
status through the Department of Labour. To gain recognition, an employer must provide
evidence of good workplace practices, the ability to pay market rates and a commitment
to providing pastoral care for workers. Once an employer gains recognition, it initially
lasts for two years.
Once an employer has recognition, they can submit an Agreement to Recruit application
to the Department of Labour, which outlines how many workers they need, where they
plan to recruit from, and other details around the employment of overseas workers and
how they can meet responsibilities. Although employers must submit a new application
each season, they are likely to choose to recruit workers they have employed (and
upskilled) in previous seasons.
The next step is for workers to apply for work visas. Applicants must meet health and
character requirements, and show evidence of arrangements to leave New Zealand at
the end of their stay.
Which Pacific countries will employers be able to recruit from?
Employers will be able to recruit from the Federated States of Micronesia, Papua New
Guinea, Kiribati, Nauru, Palau, the Republic of Marshall Islands, Solomon Islands,
Tonga, Tuvalu, Samoa and Vanuatu.
In order to kick-start the scheme, to help employers access Pacific labour quickly, New
Zealand is helping some Pacific countries to develop special facilitative measures to
prepare workers and arrange pastoral care for their time in New Zealand. These
countries are Kiribati, Samoa, Tonga, Tuvalu and Vanuatu.
What are the benefits for employers?
Employers will benefit from an increasingly skilled and productive group of Pacific
workers – as employers will be able to recruit the same workers year after year.
In addition, employers will be able to plan for their upcoming labour needs, instead of
being reliant on labour being available at the time they need it.
How many employers have signed up for RSE status to date?
As of 31 August 2007, the Department of Labour had either approved or was considering
nearly 70 RSE status applications. This figure includes a co-operative representing over
30 employers.
Early indications from this group of employers are that they are looking to employ around
5,600 seasonal workers under the RSE policy.
ENDS