By Laura Scampion and Gemma Livingston
In December 2024, a group of leading human rights advocates released an important report “'Building Consensus: A comprehensive Framework for Combating Trafficking in Persons and Modern Slavery in New Zealand.” The report introduces the Combating Trafficking in Person and Modern Forms of Slavery Bill (Modern Slavery Bill).
The Bill is an important step to overcome stalled progress on modern slavery legislation in New Zealand. If successful, the legislation will establish a comprehensive legal framework to combat trafficking in persons and broader forms of modern slavery, aligning with international standards including a framework for modern slavery reporting for certain New Zealand entities.
The Bill has been proposed by leveraging a 2023 amendment to the Standing Orders of the House of Representatives that allows non-executive bills with majority support (61 endorsements by non-executive members) to bypass the ballot and go directly to first reading. The intention is for it to be introduced as a bipartisan private member's bill to go through a select committee process enabling thorough consultation. The proposed Bill has been drafted as a consensus Bill combining views expressed throughout the public consultation, Labour's proposal, National's understood position and international best practice.
The Labour caucus has indicated their support for the Bill. We are awaiting confirmation on whether National will fully endorse the Bill. In January 2025, Responsible Investment Association Australasia (RIAA) and the Investors Against Slavery and Trafficking Asia Pacific, representing over $95 trillion in assets under management, released a public statement supporting the introduction of the Bill.
Overview of the proposed Bill
The Bill enhances New Zealand's ability to combat trafficking in persons and modern slavery. The proposal:
- Mandates private and public entities with revenue exceeding NZD50 million to report via a modern slavery statement on how they identify, address, mitigate and remediate risks of trafficking in persons and broader forms of modern slavery within their operations and supply chains. A clause relating to high-risk entities allows for threshold adjustment for businesses operating in high-risk sectors.
- Establishes an Independent Anti-Slavery Commissioner to monitor progress and provide accountability.
- Strengthens legal provisions related to trafficking in persons (updates to s98B and 98D of the Crimes Act) to align with the Palermo Protocol. In particular, the Bill would resolve a particular issue in prosecuting child trafficking cases so that the 'means' element for children is removed reflecting the vulnerability of children.
- Enhances victim protection and support.
- Creates penalties for non-compliance.
Consistent with other jurisdictions, it is proposed that a government-operated, publicly accessible register be created for reporting entities' modern slavery statements, enhancing transparency and accountability. Once legislated, there should be a full review of the Act every three years to evaluate effectiveness and ensure alignment with evolving international standards.
Alignment with other jurisdictions
The proposed Bill looks to align with international best practice with the report providing comparison with existing legislation in other jurisdictions. Many New Zealand companies are already reporting on their business operations and supply chains in other countries with 238 New Zealand headquartered companies reporting in Australia last year.
In 2023, a review was undertaken of the Australian Modern Slavery Act (Commonwealth Act). 30 recommendations were made to enhance the legislation. On 2 December 2024, coinciding with the International Day for the Abolition of Slavery, the Australian Government responded to the review agreeing in full, in part or in-principle with 25 of the 30 recommendations. While mandatory due diligence and imposing penalties for non-compliance with the Act have not been adopted, the Government has committed to consultations with stakeholders on these points. The proposed reporting threshold change (from AUD100 million to AUD50 million) was not accepted. The first Australian Anti-Slavery Commissioner, Chris Evans, began his five-year term on 2 December 2024.
The proposed New Zealand Bill anticipated the responses from the Australian Government review and incorporated those insights to ensure consistency for New Zealand businesses also reporting in Australia.
For further details on the current landscape of modern slavery in New Zealand, the proposed Bill and how it aligns with modern slavery legislation in other jurisdictions, see DLA Piper's full article on the proposed Bill here.
ABOUT DLA PIPER
DLA Piper is a global law firm with a presence in over 40 countries, providing comprehensive legal services to organisations worldwide. The firm is known for its innovative approach, commitment to diversity and inclusion, and extensive pro bono work.
Laura Scampion is the Country Managing Partner for DLA Piper in New Zealand and the Head of Employment. She has over 20 years’
experience assisting large organisations with a broad range of employment and health and safety issues in the UK and New Zealand. Laura is recognised as a Leading Individual for Employment by Chambers & Partners and Legal 500 Asia Pacific, and has received numerous accolades for her contributions to the legal profession.
Gemma Livingston is a Special Counsel in DLA Piper's New Zealand Litigation & Regulatory team. Specialising in modern slavery, Gemma provides advice on global legislation and due diligence, assisting clients to effectively identify, address, prevent, mitigate, and remedy negative human rights risks. Gemma has been involved in significant pro bono efforts and supported clients during the implementation of modern slavery legislation in Australia. Her work focuses on addressing worker exploitation and promoting human rights.
