Context
1.
On 4 March 2021, you received a briefing that sought your agreement to progress policy
work to address modern slavery in supply chains (briefing 2021-1964 refers). This reflects
the 2020 Labour manifesto commitment to explore the implementation of modern slavery
legislation in New Zealand. You confirmed this commitment publicly at the
Tango i Te
Kaupae Muri conference on modern slavery and worker exploitation on 16 March where you
also launched the Plan of Action. You were also presented with an open letter signed by 85
businesses calling for a Government inquiry into modern slavery legislation for New Zealand.
2.
On 10 March you met with officials and agreed to progress policy work and to a set of policy
objectives to guide the work. s 9(2)(g)(i)
You indicated that
you wanted to set up a group of business leaders to support the work and intended to
discuss the proposed approach with relevant portfolio Ministers.
3.
Further decisions are now needed on the approach to stakeholder and business engagement
for the policy work, including on the scope, purpose and membership of any advisory or
consultation group. We also seek to clarify the scope of the policy work to ensure it is aligned
with wider Government priorities, initiatives and policy levers.
We propose to set up a wider advisory group to support policy
development
4.
Following conversations with key stakeholders, we propose set ing up a broad group that can
provide a range of perspectives and expertise to support our policy advice. Modern slavery
legislation is a new area of policy for New Zealand and a relatively recent phenomenon
globally. Therefore, it wil be important that we make use of a range of stakeholders with
experience in this area to ensure we can develop an s 9(2)(f)(iv)
that address the challenges of modern slavery in supply chains and are
implementable for New Zealand businesses.
The group would include representatives from business, unions, academia and civil
society
5.
The proposed group would consist of key stakeholders from business, unions, academia and
civil society, and incorporate Māori perspectives. We expect that the group would have
around ten members. This will ensure that the group includes a wide range of expertise in
supply chains and modern slavery while providing individual members the opportunity to
engage substantively in the policy discussions.
6.
We propose to include business leaders who have established practices to combat modern
slavery, as well as those with experience of working within different legislative frameworks.
For example, this may include businesses which are already reporting under the Australian
and UK Modern Slavery Acts, who may be able to advise how any New Zealand reporting
can be aligned with existing international requirements. A range of businesses presented on
their approaches to these issues at the recent modern slavery conference.
7.
Including unions and civil society representatives wil ensure that we are able to get a range
of different perspectives, including from groups that work directly with survivors of modern
slavery and those with expertise in overseas supply chain regimes. A key commitment in the
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In Confidence
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Plan of Action was for Government to take a victim-centric approach. Unions and civil society
groups have also been active public advocates for modern slavery legislation.1
8.
Academic representatives are also important partners, particularly as the evidence and
knowledge in this area is stil being developed. This wil help the policy development to be
informed by the latest information and research in the modern slavery space, particularly with
regards to supply chains.
The group would meet regularly to provide input into the policy process
9. The group would be set up and supported by MBIE to provide input into the policy
development and options analysis. We expect that the group would meet regularly during the
policy development phase. We propose to take an open and transparent approach to
working with the group. This wil include seeking early input on the policy options and
approach so that the group’s expertise and perspectives can be included in our advice to
you.
s 9(2)(g)(i)
s 9(2)(g)(i)
Establishing the group would have a number of benefits for the policy development
and implementation and any risks can be managed
12. As well as improving the quality of our policy advice, the group would have some additional
benefits. These include ensuring that s 9(2)(g)(i)
has as much support and buy-in from the public and
the private sector as possible. The members of this group wil be able to advise how we can
achieve this. They may also become spokespersons for the legislation and promote it within
their own networks.
13. There are potential risks inherent in this approach. s 9(2)(g)(i)
1 TradeAid and World Vision have started a public petition calling for modern slavery legislation in New Zealand.
2021-3010
In Confidence
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