Recognised Seasonal Employer

Inter-Agency Understanding 2010: Solomon Islands

Inter-Agency Understanding between the Department of Labour of New Zealand and the Ministry of Foreign Affairs and External Trade of Solomon Islands in support of New Zealand’s Recognised Seasonal Employer Work Policy

1. PARTIES

1.1 This Understanding is between:

• the Department of Labour of New Zealand (“the Department”) acting on behalf of its Secretary, with responsibility for the administration of the New Zealand Immigration Act 1987
  and
• the Ministry of Foreign Affairs and External Trade of Solomon Islands (“the Ministry”)
  hereinafter referred to as (“the Parties”).

2. PURPOSE

2.1 The purpose of this Understanding is to set out the arrangements to facilitate access of Solomon Islands citizens to seasonal work in the horticulture and viticulture industries under New Zealand’s Recognised Seasonal Employer Policy.

2.2 Facilitative arrangements specific to Solomon Islands are set out in the Schedule of this Understanding.

3. DEFINITIONS

3.1 For the purposes of this Understanding, the following definitions apply:

3.2 Agreement to Recruit (“ATR”) means an approval for a Recognised Seasonal Employer (“RSE”) to offer employment (in planting, maintaining, harvesting, and packing crops) to non-New Zealand national or resident workers;

3.3 RSE Establishment Director means RSE Establishment Director of the Department;

3.4 Recognised Seasonal Employer (“RSE”) means a New Zealand employer, whose core area of business is horticulture or viticulture, who has had an application for RSE status approved by Immigration New Zealand (“INZ”);

3.5 The Labour Mobility Oversight Committee (“LMOC”) is the body responsible for overseeing the regulation of international labour mobility programmes for Solomon Islands;

3.6 The Labour Mobility National Coordinator (“LMNC”) chairs the LMOC and oversees the day to day work of the Labour Mobility Unit;
3.7 The Labour Mobility Unit (“LMU”) is responsible for the operational administration of the RSE in Solomon Islands;

3.8 Licence to recruit means a licence, issued by the LMU to an individual or company, which indicates that that individual or company has satisfied all criteria laid down by the LMOC and may conduct recruitment activities in Solomon Islands on behalf of RSEs;

3.9 Agent means an individual or company granted a Licence to recruit by the LMU.

4. PRINCIPLES

4.1 The facilitative arrangements will be designed and implemented consistent with the following principles:

• equity of access and opportunity
• transparency of process and decision making
• accountability
• development focused, and
• mitigation of risk.

5. CRITICAL SUCCESS OUTCOMES

5.1 The Department enters into this Understanding with a view to achieving the following outcomes, notably:

• achieving the objectives of the RSE Policy
• avoiding: overstaying and exploitation of workers; displacement of New Zealand’s workforce; and suppression of wage growth in the horticulture and viticulture industries
• securing at least 50% of the available places under the RSE Policy, over the first five years, from eligible Forum Island Countries. To help achieve this goal specific Forum Island Countries will be assisted to establish facilitative arrangements, and
• contributing to the development objectives of the Pacific by fostering economic growth and regional integration under the RSE Policy.

5.2 The Ministry enters into this Understanding with a view to achieving the following outcomes, notably:

• Solomon Islands secures a fair proportion of seasonal work opportunities under the RSE Policy
• Solomon Islands workers are able to generate savings and relevant experience which may contribute to the development of Solomon Islands
• Solomon Islands laws provide adequate protection for its workers and intending workers within its jurisdiction
• Solomon Islands cooperates effectively with New Zealand to maintain the integrity of its arrangements to administer the RSE policy, and
• The cost of transport does not act as a barrier for Solomon Islands’ citizens to access opportunities under the RSE Policy.

6. CRITICAL SUCCESS FACTORS

6.1 Facilitative arrangements will be effective if:

• RSEs establish productive relationships with Solomon Islands and obtain a supplementary workforce to sustain their industries
• objectives of the RSE Policy are achieved and principles set out in this Inter-Agency Understanding are adhered to
• The Parties have specific and timely information to enable Solomon Islands to effectively participate in the RSE Policy, and can actively participate in monitoring and evaluating the measures of success and resulting outcomes, and
• Solomon Islands citizens enjoy fair access to the RSE Policy, fair and reasonable treatment by RSEs, adjust to New Zealand conditions, derive income and skills, have successful re-entry into their home community and heighten the prospect of return employment in New Zealand.

7. FACILITATIVE ARRANGEMENTS

7.1 The facilitative arrangements under this Understanding will be consistent with the principles and outcomes set out in Sections Four and Five above. The facilitative arrangements will be mutually determined in writing by the Parties, and will be appended as a Schedule to this Understanding.

7.2 The facilitative arrangements will assist RSEs to recruit from Solomon Islands, enable citizens to access opportunities under RSE Policy, allocate responsibilities and actions to the Parties for mitigating risks and ensure compliance, and outline cooperation between the Parties for information sharing, marketing and other facets important to the success of the RSE Policy.

7.3 The facilitative arrangements will always be consistent with the current RSE Policy.

8. IMMIGRATION DECISIONS

8.1 The decision to grant a work visa or permit under the RSE Policy remains the prerogative of the Department with decisions being made on a case by case basis in accordance with requirements laid down in New Zealand immigration legislation, regulations and any applicable New Zealand Government immigration policy.

9. MARKETING

9.1 The need for Solomon Islands to market itself to RSEs as a source of reliable seasonal labour is recognised. Where possible, the Department will assist marketing initiatives initiated by the Ministry.

10. INFORMATION COLLECTION

10.1 The Parties will cooperate in the collection and sharing of information in a manner consistent with their respective applicable laws and regulations.

10.2 The Parties will cooperate to monitor and evaluate the RSE Policy and facilitative arrangements under this Understanding. Monitoring and evaluation mechanisms will enable the Parties to assess progress against the Parties’ critical success outcomes (Section Five) and critical success factors (Section Six), identify successes and inform areas for improvement in the facilitative arrangements. The Parties will in particular cooperate to conduct random surveys of stakeholders to assess efficiency and transparency of recruitment procedures.

10.3 For the purposes of evaluation under Paragraph 10.2, participation by Solomon Islands workers in an evaluation about their experience will be voluntary. The Parties will only use such information for statistical or research purposes and will not publish such information in a form that could reasonably be expected to identify any individuals.

11. PUBLICITY

11.1 The Parties will make reasonable efforts to increase awareness and understanding of the RSE Policy in Solomon Islands and in New Zealand.

11.2 The Parties will act promptly to correct any false or misleading information about the RSE Policy.

11.3 The Parties determine that this Understanding and its Schedule will be made publicly available on the Department’s website. Information contained in this Understanding can be shared with RSEs.

12. REVIEW

12.1 This Understanding may be reviewed at any time by the mutual decision of the Parties.

12.2 The Parties acknowledge that facilitative arrangements under this Understanding are likely to evolve with experience. The Parties will consult as necessary to promptly address and endeavour to resolve any issues arising out of this Understanding or the operation of the facilitative arrangements. Such issues may include the need for capacity building through institutional strengthening and/or improvement in co-ordination among government agencies.

13. VARIATIONS/AMENDMENTS/ADDITIONS

13.1 This Inter-Agency Understanding and the appended Schedule may be amended at any time by mutual determination in writing by the Parties.

14. COMMENCEMENT AND TERMINATION

14.1 This Understanding will come into effect upon signature by both Parties and may be terminated by either Party upon one month’s written notice to the other Party.

14.2 Any evidence of corruption or unethical practice that is not dealt with effectively and immediately will jeopardise participation in the RSE Policy and potentially result in the termination of this Understanding.

15. CONTACT POINTS

15.1 The address for correspondence to the Department for matters related to this Understanding is:

RSE Establishment Director Workforce
Department of Labour
PO Box 3705
Wellington, New Zealand

The address for correspondence to the Ministry for matters related to this Understanding is:

Labour Mobility National Coordinator
Labour Mobility Unit
Ministry of Foreign Affairs and External Trade
PO Box G10
Honiara, Solomon Islands

Signed at on 2010,
in two copies in the English language.

HE Mark Ramsden
High Commissioner to Solomon Islands
For the Department of Labour
New Zealand

Hon. William Haomae
Minister of Foreign Affairs and
External Trade
For the Ministry of Foreign Affairs and External Trade, Solomon Islands