Worst Forms of Child Labour Convention, 1999 (No. 182) - New Zealand (Ratification: 2001)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of Business New Zealand communicated with the Government’s report.

Articles 3(d) and 4(1) of the Convention. Hazardous work. Minimum age for admission to hazardous work. The Committee previously noted the Government’s indication that children under 18 years cannot work in any restricted areas of licensed premises such as bars, licensed restaurants or clubs. However, it noted that by virtue of section 54(d) of the Health and Safety in Employment Regulations of 1995 (HSE Regulations), hazardous work was prohibited for children under 15 years of age. Moreover, sections 43–48 of the Health and Safety at Work (General Risk and Workplace Management) Regulations, 2016 require the person conducting a business or undertaking (PCBU) to ensure that no worker under the age of 15 years carries out or be present in any area of the workplace where: goods are manufactured or prepared for trade or sale; construction work is carried out; work related to logging or tree-felling is carried out; hazardous substances are manufactured, used or generated; or to lift heavy weights or perform other harmful tasks, or work at or with machinery.

The Committee notes the Government’s information in its report that measures to assess options for raising the minimum age for engagement in certain types of hazardous work from 15 to 16 were initiated in 2018. However, the issue was then delayed due to various factors including the need to address COVID-19 pandemic situation. The Government indicates that the matter is still under consideration and efforts will be continued to raise the minimum age for participation in certain types of hazardous work to 16 years. In this regard, the Committeeonce again draws the Government’s attention to Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190) which addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. While acknowledging the difficulties imposed by the COVID 19 pandemic, the Committee expresses the hope that the discussions to which the Government refers will continue with the aim to ensure that the current review of the regulatory frameworks for young persons will take into consideration the requirement that employment or work in certain types of hazardous work by young persons between 16 and 18 years may be authorized only under strict conditions that their health, safety and morals be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity  The Committee requests the Government to provide information on any progress made in this regard.

Article 4(1) and (3). Periodic revision of the types of hazardous activities. Following its previous comments, the Committee notes the Government’s indication that the matter concerning the revision of the list of types of hazardous work for young persons is still under consideration and that efforts to revise the list of types of hazardous work shall continue. The Committee once again reminds the Government that, pursuant to Article 4(1) and (3) of the Convention, the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children under 18, shall be determined by national laws or regulations, and that this list shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee therefore expresses the firm hope that the Government will take the necessary measures to ensure that the revision of the regulatory framework for young persons,carried out in consultation with the organizations of employers and workers concerned, will result in the adoption of a concrete list of types of hazardous work prohibited to young persons under 18 years, including work in plants, work with machineries and vehicles used for agricultural purposes as well as certain types of work in the agricultural, construction and hospitality industries, as identified by the report of the Department of Labour. The Committee requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms and application of the Convention in practice. The Committee notes the Government’s information that the COVID-19 pandemic situation has significantly impacted the delivery of the Youth Health and Wellbeing Survey. The data collection has been completed and is expected to be published in the second half of 2022. The Committee also notes the Government’s information that no marked reduction in the rate of work-related injuries for young workers has been observed from 2018-2020. According to the data provided by the Government in this regard, 19 incidents of work-related fatal injuries of children between 4 to 17 years were reported from 2018 to 2020. Of these, in four incidents children were employed, including one child of 15 years, while the rest of the incidents involved members of the public. In this regard the Committee also notes the observations made by the Business New Zealand that the workplace child fatalities are recorded as workplace accidents because they occur in a workplace but that in many instances, the child concerned lives on the premises and is not necessarily there as a paid employee.The Government further indicates that the overall work-related acute injury rates have reduced by 25 per cent from 2013 to 2020. The Committee expresses the firm hope that the findings of the Youth Health and Wellbeing Survey will be published in the near future, and to provide a copy of the same so as to better understand the working conditions of young persons and health and safety outcomes.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of Business New Zealand and the New Zealand Council of Trade Unions (NZCTU), communicated with the Government’s report.

Articles 3(d) and 4(1) of the Convention. Hazardous work. Minimum age for admission to hazardous work. The Committee previously noted the Government’s indication that children under 18 years cannot work in any restricted areas of licensed premises such as bars, licensed restaurants or clubs. However, it noted that, by virtue of section 54(d) of the Health and Safety in Employment Regulations of 1995 (HSE Regulations), hazardous work was prohibited for children under 15 years of age. It further noted the Government’s statement that although according to the existing law, the specific legal restrictions on certain types of work were only applicable to children under the age of 15, children between the ages of 16 and 18 were protected by the general requirements of workplace health and safety legislation, which provides protection to all workers, regardless of age. The Committee also noted the reference made by the NZCTU to the findings of the Youth 2000 National Youth Health and Wellbeing Survey (Youth’12 survey), indicating the work-related accidents and injuries, some of which were fatal, caused to young persons under 18 years. Moreover, it noted the data of workplace fatalities from 2013 to 2015 of WorkSafe New Zealand, which indicated that of the 119 fatalities, 14 were children under the age of 18 with the majority occurring in the agricultural sector. The Committee recalled that Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), addresses the possibility of authorizing the employment or work of young persons in certain types of hazardous work as from the age of 16 under strict conditions that their health and safety be protected and that they received adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee, referring to the 2012 General Survey on the fundamental Conventions, paragraph 380, emphasized that measures should be taken to raise the minimum age for admission to hazardous work to 16 years, even if the required protective conditions were adequately provided.

The Committee notes the statement made by Business New Zealand that the statistics on workplace injuries and fatalities do not necessarily relate to the employment of children and young persons. On the contrary, in a number of instances the injured person was not an employee but someone present at the workplace to whom an accident occurred. It also notes the NZCTU’s statement that it maintains its previous comments as there has been no change in the position of the law.

The Committee notes from the Government’s report that the Health and Safety at Work Act 2015 (HSW Act) has been adopted and came into effect in April 2016 along with nine sets of supporting regulations on health and safety in specific sectors. The Committee observes that the HSW Act and some of its regulations apply to workers in general and do not contain any specific provisions for the health and safety of young workers while some others provide for specific restrictions on certain types of work for children under the age of 15 or 16 years. For example, sections 43–48 of the Health and Safety at Work (General Risk and Workplace Management) Regulations, 2016 (which amended the Health and Safety in Employment Regulations, 1995), require the person conducting a business or undertaking (PCBU) to ensure that no worker under the age of 15 years carries out or be present in any area of the workplace where: goods are manufactured or prepared for trade or sale; construction work is carried out; work related to logging or tree-felling is carried out; hazardous substances are manufactured, used or generated; or while night work is prohibited to persons under 16 years of age. Furthermore, workers under the age of 15 years shall not be required to lift heavy weights or perform other harmful tasks, or work at or with machinery. The Committee also notes the statistical information provided by the Accident Compensation Corporation which indicated that a total of 5,985 work related claims were recorded for persons between 15 and 18 years in 2016 and 6,448 such claims were recorded in 2017.

The Committee further notes the Government’s information that it is in the process of undertaking an extensive multi-year work programme to reform New Zealand’s health and safety system, aimed at reducing workplace injury and death by 25 per cent by 2020, recognizing that young workers are more vulnerable to health and safety risks. In this regard, the Committee notes with interest the Government’s statement that, within the framework of this reform, it is envisaged to review the regulatory frameworks for young persons in relation to hazardous work, while considering raising the current age for admission to hazardous work from 15 to 16 years and to assure the safety of young persons below 18 years by seeking to provide training and supervision for young persons of 16 years in high risk work. The Committee expresses the firm hope that the Government will continue to take the necessary measures, without delay, to ensure that the current review of the regulatory frameworks for young persons will take into consideration relevant international standards, in particular Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), relating to the requirement that employment or work as from the age of 16 be authorized on condition that the health, safety and morals of the children concerned are fully protected, and that the children have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to provide information on any progress made in this regard.

Article 4(1) and (3). Periodic revision of the types of hazardous activities. In its previous comments, the Committee had noted that the report of the Department of Labour (DoL) entitled Schoolchildren in paid employment – A summary of research findings identified the construction, agriculture and hospitality industries as posing the most risk to young workers, as well as some other types of work which are dangerous to young persons by volume, such as working in shops (including petrol stations and supermarkets) and working in restaurants, takeaway outlets and other eateries. It also noted the statement made by the NZCTU, with reference to a report by the Child and Youth Mortality Review Committee of 2014, that hazardous work on farms, including riding and using quad bikes and agricultural machinery, must be restricted in the interests of the safety and welfare of children.

The Committee notes the Government’s information that as part of the review of the regulatory frameworks for young persons, types of hazardous work for young persons will be assessed and a revised list, including work in plants, work with machineries and vehicles (including tractors and quad bikes), will be established. The Government further indicates that the review will be carried out in consultation with the representative organizations of employers and workers and that the formal consultations are expected to begin by mid-2018. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the revision of the regulatory framework for young persons will result in the adoption of a concrete list of types of hazardous work prohibited to young persons, including work in plants, work with machineries and vehicles used for agricultural purposes as well as certain types of work in the agricultural, construction and hospitality industries, as identified by the report of the Department of Labour. The Committee requests the Government to provide information on any progress made in this regard.

Article 5. Monitoring mechanisms and application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that all work-related fatalities are investigated with the objective to establish the key facts relating to the cause of the event as well as to determine the immediate and underlying causes of the event, ensure action by the duty holder(s) concerned in order to prevent a recurrence of the event, and to determine any breach of the relevant law. The Committee notes from the Government’s report that according to the statistics from Worksafe New Zealand, nine incidents of work-related fatalities of children were notified from 2015 to the present including children from the age of 3 to 17 years. However, the Government states that these cases include not only children who are at work but also children present as bystanders in a workplace at the time of the incident. The Committee further notes the Government’s information that it is currently working towards the next Youth Health and Wellbeing Survey on the types of work, hours, employment conditions and workplace safety covering all children and young people. The Committee expresses the firm hope that the Government will undertake the Youth Health and Wellbeing Survey in the near future, covering all children and young persons so as to better understand their working conditions and health and safety outcomes. It requests the Government to provide information on the results of the survey which, to the extent possible, should be disaggregated by age and gender.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s report. It also notes the comments made by Business New Zealand, as well as the comments made by the New Zealand Council of Trade Unions (NZCTU) and the Government’s reply thereto.

Article 3(d) of the Convention. Hazardous work. Minimum age for admission to hazardous work. The Committee previously noted that, by virtue of section 54(d) of the Health and Safety in Employment Regulations of 1995 (HSE Regulations), hazardous work was prohibited for children under 15 years of age, but was not prohibited for all children under 18 years of age, as required under Article 3(d) of the Convention. It also noted the reference made by the NZCTU to the number of work-related accidents and injuries, some of which were fatal, caused to young persons under 18 years. The Committee further noted the Government’s statement that while it shared the concerns raised by the NZCTU with regard to workplace injuries of children and young persons, which in some cases proved fatal, legislative protections existed to protect young persons. The Government stated that these legislative protections generally ensured that young people were not exposed to hazardous work and that employers had an obligation to ensure a healthy and safe working environment, as well as duties related to training and supervision.

However, the Committee noted that according to a report of the Department of Labour (DoL) entitled “School children in paid employment – A summary of research findings” of September 2010 (DoL report of 2010), a third of the secondary-school students surveyed indicated that their employers had not provided them with any information about workplace hazards. The DoL report of 2010 also indicated that children aged 15–16 were more likely to have had an injury than children aged 13–14 and that 20 per cent of working children of 16 years of age had an employment injury. In this regard, the Committee noted from the DoL report of 2010 that the legislative protections in place, which rely on the employer to protect children under the age of 18 from workplace hazards, did not, in practice fully and effectively protect children from hazardous work. The Committee further noted that the Committee on the Rights of the Child, in its concluding observations of 11 April 2011, expressed concern that children between the ages of 15 and 18 were allowed to work in dangerous workplaces (CRC/C/NZL/CO/3-4, paragraph 41). The Committee expressed its concern that children between 15 and 18 years of age were allowed, in law and in practice, to perform the types of work which are clearly hazardous.

The Committee notes the statement made by Business New Zealand that the Committee’s conclusion that young persons in New Zealand are engaged in work that is clearly hazardous which is based solely on statistical evidence of accidents and injuries cannot be supported. Business New Zealand states that accidents and injuries happening in certain areas is probably not the reflection of the work but the fact that those are the areas in which most young people work.

The Committee notes the reference made by the NZCTU to the findings of the Youth 2000 National Youth Health and Wellbeing Survey (Youth’12 survey), conducted every 5–6 years and funded by the Health Research Council of New Zealand in order to provide up-to-date information to policy-makers, educators, health providers and communities working to improve the opportunities for healthy development for all young people in New Zealand. The NZCTU states that it is alarming that only 50.7 per cent of the school children in the Youth’12 survey indicated that their employer provided information regarding safety at work, while 10 per cent of school children stated that they have been injured at work. The Youth’12 survey also indicates that a total of 450 work-related injuries were reported in 2012 concerning children and young persons under 18 years, including 240 injuries to young persons aged 16–17 years; 155 injuries to young persons aged 14–15 years; and 55 injuries to children below 13 years of age. Moreover, the data of workplace fatalities from 2013–15 of WorkSafe New Zealand, which was established in December 2013 to be New Zealand’s new workplace health and safety regulator with the aim of achieving a 25 per cent reduction in the incidence of workplace death and injury by 2020, indicates that of the 119 fatalities, 14 were children under the age of 18 with the majority occurring in the agricultural sector.

The Committee notes the Government’s statement that although according to the existing law, the specific legal restrictions on certain types of work are only applicable to children under the age of 15, children between the ages of 16 and 18 are protected by the general requirements of workplace health and safety legislation, which provides protection to all workers, regardless of age. The Committee also notes from the Government’s report that a new Health and Safety at Work Act is being enacted and new regulations on health and safety at work are being finalized. It notes, however, that no changes from the existing regulations with regard to the health and safety of children and young persons have been proposed.

The Committee notes with deep concern that children under 18 years of age continue to be engaged in work which is clearly harmful to their health and safety, as reflected by the injuries and fatalities suffered by children and young persons while engaged in such work. It notes with regret that the Government has not taken any specific measures, either in law or in practice, to prohibit the employment of children and young persons under the age of 18 years in hazardous work as required by the Convention. Moreover, the Committee notes that the Government has not taken any measures, in law or in practice, to provide for specific workplace health and safety measures for young persons between 16 and 18 years of age as recommended under Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190) The Committee therefore once again draws the Government’s attention to Article 3(d), read in conjunction with Article 2 of the Convention, which states that work which, by its nature and the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18, constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to ensure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee also recalls that Paragraph 4 of Recommendation No. 190 addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. In this regard, the Committee must emphasize that measures should be taken to raise the minimum age for admission to hazardous work to 16 years, even if the required protective conditions are adequately provided (2012 General Survey on the fundamental Conventions (paragraph 380)). The Committee, therefore, once again urges the Government to take immediate and effective measures to comply with Articles 1 and 2 of the Convention, read with Article 3(d), to prohibit children under 18 years of age from engaging in hazardous and dangerous work. However, where such work is performed by young persons between 16 and 18 years of age, the Committee urges the Government to take the necessary measures to ensure that such work is only carried out in accordance with the strict conditions set out in Paragraph 4 of Recommendation No. 190, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in that activity. The Committee requests the Government to provide information on the progress made in this regard.

Article 4(1) and (3). Periodic revision of the types of hazardous activities prohibited to persons under 18 years of age. The Committee previously noted the Government’s indication that children under 18 years cannot work in any restricted areas of licensed premises, such as bars, licensed restaurants or clubs. However, it also noted that, pursuant to sections 54–58 of the HSE Regulations 1995, only employees under 15 years of age are prohibited from working in a number of high-hazard workplaces, such as in construction, logging and tree-felling operations, in work where goods are being manufactured and prepared for sale, in work with any machinery, lifting heavy loads or performing other tasks likely to be injurious to the employee’s health, night work and driving or riding any tractor or heavy vehicles. The Committee also noted the information from the Government’s report that research indicated that children represent a significant proportion of farm injuries, with nearly one fifth of all injuries on farms occurring involving children aged 15 and younger. The Government indicated that the majority of child fatalities on farms, most typically with regard to children aged 10–14 years riding in vehicles to shift stock, and that this was being addressed through a safety campaign. The Committee further noted that the DoL report of 2010 identified the construction, agriculture and hospitality industries as posing the most risk to young workers, as well as some other types of work which are dangerous to young persons: by volume, working in shops (including petrol stations and supermarkets) and working in restaurants, takeaway outlets and other eateries. These types of activities were the largest contributors to workplace injuries and accounted for 60 per cent of injuries to schoolchildren in regular part-time work. The Committee, therefore, requested the Government to take the necessary measures to periodically examine and revise the existing list of types of hazardous work, in consultation with the organizations of employers and workers concerned.

The Committee notes the reference by the NZCTU to a report by the Child and Youth Mortality Review Committee of 2014 which focused on deaths caused to children and young persons under 18 from quad bikes and motorized agricultural vehicles and suggested that a multifaceted approach, including legislative interventions, could be helpful in reducing quad bike deaths. The NZCTU states that hazardous work on farms, including riding and using quad bikes and agricultural machinery, must be restricted in the interests of the safety and welfare of children.

The Committee notes the Government’s indication that it has been proposed by the Ministry of Business, Innovation and Employment that the new regulations on health and safety will carry over the existing Health and Safety Regulations of 1995, with an additional provision prohibiting work involving the use of hazardous substances in respect of young persons under 15 years. The Committee reminds the Government that, pursuant to Article 4(1) and (3) of the Convention, the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children under 18, shall be determined by national laws or regulations, and that this list shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee, therefore, requests the Government to take the necessary measures, during the finalization of the new regulations on health and safety, to review the list of types of hazardous work to be prohibited to children under 18 years, as provided for in Article 4(3) of the Convention, including measures to regulate the types of hazardous work identified by the Child and Youth Mortality Review Committee and in the DoL report of 2010, such as certain types of work in the agriculture, construction and hospitality industries.

Article 5. Monitoring mechanisms and application of the Convention in practice. The Committee previously noted the Government’s statement that the Department of Labour was continuing to investigate workplace practices relating to persons between 16 and 18 years of age engaged in hazardous work.

The Committee notes from the Government’s report that the findings of the Youth’12 survey indicates that of the 10,000 secondary school students involved in part-time jobs who have been surveyed, one in ten students had been injured at the workplace. However, the Government indicates that there had been some serious technical issues that have affected the validity and usefulness of some of the results of this survey and hence it was not possible to correlate injury to where students were working. The Committee notes the information provided by the Government concerning the number of claims of work-related injuries by persons under 18 years of age. According to this data, in 2012 there were a total of 5,190 claims for work-related injuries, including 70 by under 14s; 150 by under 15s; 580 by under 16s; 1,500 by under 17s; and 2,900 by under 18s. Noting the significant number of work-related injury claims made by young persons under 18, the Committee requests the Government to provide information regarding subsequent investigations carried out concerning these accidents, violations detected, and penalties applied. The Committee also expresses the firm hope that the Government will undertake, in the near future, another survey on the health and well-being of students involved in part-time jobs so as to better understand their working conditions and health and safety outcomes. It requests the Government to provide information on the results of the survey which, to the extent possible, should be disaggregated by age and sex.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. Children living in poverty. The Committee previously noted the New Zealand Council of Trade Unions’ contention that poverty had been an issue for New Zealand for some years and had increased with the recession. In this regard, the Committee noted the Government’s statement that a wide range of social assistance support measures were available for families at risk, including specific programmes in response to the economic downturn. The Government further stated that New Zealand law and practice provided adequate protection for children and young persons.

The Committee notes the Government’s statement that, in June 2012, it announced a new Job Streams programme, which will consolidate work and income employment programmes. The Government indicates that this programme will give priority to children who are at high risk of long-term benefit dependence, as well as single parents. The Government also states that this new programme includes the Job Ops with Training programme, which combines wage subsidies with a training component to ensure young people gain skills for future employment.

The Committee further notes the Government’s statement, in its reply to the list of issues of the Committee on Economic, Social and Cultural Rights of 26 January 2012, that it believes that paid work for families is the best way for low-income families to improve their situation and move children out of poverty. In this regard, the Government states that it continues to provide support to low-income households with dependent children through the Working for Families package, which includes tax credits to families of lower incomes (E/C.12/NZL/Q/3/Add.1 paragraphs 75, 77 and 78).

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the Government’s report. It also notes the comments made by Business New Zealand, as well as the comments made by the New Zealand Council of Trade Unions (NZCTU) concerning the application of the Minimum Age (Industry) Convention (Revised), 1937 (No. 59), and the Government’s reply thereto.

Article 3(d) of the Convention. Hazardous work. Minimum age for admission to hazardous work. The Committee previously noted that, by virtue of section 54(d) of the Health and Safety in Employment Regulations of 1995 (HSE Regulations), hazardous work was prohibited for children under 15 years of age, but was not prohibited for all children under 18 years of age, as specified under Article 3(d) of the Convention. The Committee also noted the allegation of the NZCTU that in 2006, about 300 children under 15 years visited their doctor for a work-related injury, and that accident compensation and rehabilitation assistance was provided to between 1,000–2,000 children between the ages of 15 and 19. In this regard, the Government stated that while it shared the concerns raised by the NZCTU with regard to workplace injuries of children and young persons, which in some cases proved fatal, legislative protections existed to protect young persons. The Government stated that these legislative protections generally ensure that young people are not exposed to hazardous work and that employers have an obligation to ensure a healthy and safe working environment, as well as duties related to training and supervision. The Committee also noted Business New Zealand’s statement that the existing legislative framework provides effective age thresholds for entry into work, particularly when read together with the obligation on all employers to provide their employees of whatever age, with a safe and healthy working environment.

However, the Committee noted the information in a Department of Labour (DoL) research paper entitled “School children in Paid Employment – A summary of research findings” of September 2010 (DoL Report of 2010) according to which employers are not effective in raising school children’s’ awareness of hazards, nor their rights, in the workplace as expected under the Health and Safety in Employment Act. The DoL Report of 2010 referenced a study which found that a third of secondary-school students indicated that their employers had not provided them with any information about workplace hazards. Moreover, this DoL Report of 2010 indicated that inadequacies in training and supervision of children in workplaces were also frequently reported. Additionally, the DoL Report of 2010 indicated that injuries are a common and occasionally serious occurrence in school children’s’ workplaces, with one sixth of secondary school students in part-time work reportedly being injured at work in the previous year. The DoL Report of 2010 indicated that children aged 15–16 were more likely to have had an injury than children aged 13–14, and that 20 per cent of working children of 16 years of age had had an employment injury. The Committee further noted that the Committee on the Rights of the Child, in its concluding observations of 11 April 2011, expressed concern that children between the ages of 15 and 18 are allowed to work in dangerous workplaces (CRC/C/NZL/CO/3-4, paragraph 41).

The Committee notes the statement by Business New Zealand that, in the New Zealand context, it is required that work hazards be eliminated, isolated or minimized, as appropriate. Business New Zealand states that employers must provide training and supervision for anyone engaging in any activity capable of being considered hazardous, as well as protective clothing and equipment, regardless of the age of the employee, but with specific prohibitions applying with respect to young persons under the age of 16. Business New Zealand further states that work for children that is excessively difficult or hazardous is neither condoned nor encouraged in the country.

The Committee notes the statement by the NZCTU, in its comments submitted concerning the application of Convention (Revised) No. 59, that in the country there is little attention given to the nature of work undertaken by children and young people working before or after school, on weekends or during school holidays, nor any direct provisions to ensure that children and young people are not exploited or exposed to unsafe work practices or workplaces. The NZCTU states that while the Government provides some information on the rights of young workers on the website of the Department of Labour, it is up to young people, or their families, to act on this information. The NZCTU also states that accidents records indicated that two 17 year old workers were employed in mines in 2010, and one of the fatalities of a mine disaster in 2010 was a child of 17 years of age. The NZCTU further references a study which found that a quarter of students working in manufacturing report injuries. Moreover, the NZCTU indicates that according to information from the Accident Compensation Corporation, the number of injuries reported by children aged 10–14 in industry was 77 in 2008–09, 72 in 2009–10 and 58 in 2010–11. For the age group 15–19, the number of injuries reported was 4,373 in 2008–09, 2,784 in 2009–10 and 2,548 in 2010–11. However, the NZCTU states that records of injury claims is a poor proxy and that research indicated that young workers were discouraged by employers from reporting their injuries.

The Committee notes the Government’s statement, in its reply to the comments of the NZCTU, that the Ministry of Labour is taking a strategic approach to reducing work-related injuries and fatalities under a National Action Agenda, released in March 2011, which highlights the five sectors which have the highest risks of ill health, injury or death. The Government states that each of these five sectors has a three-year Sector Action Plan in place. Under the Manufacturing Action Plan, a priority for action is at-risk groups, which include youth (aged 15–24), who are identified as needing more training and supervision. The Plan aims to deliver effective training and promote safe work practices to youth through targeted programmes. The Government states that it is not aware of a problem that the existing regulatory framework is being ignored, and that it considers the current legislation to be sufficient. Therefore, its action will focus on better training and awareness on safety issues, not non-observance. In this regard, the Committee further notes the Government’s statement that it considers that existing policy and legislative frameworks provide effective age thresholds for entry into work to ensure that children only engage in safe work. The Government states that while the specific legal restriction on types of work are only applicable to children under the age of 15, children between the age of 16 and 18 are protected by the general requirements of workplace health and safety legislation, which provides protection to all workers, regardless of age. The Government also states that it considers that the conditions of Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), are met by the general duty on employers to ensure a safe working environment and to prevent exposure to hazards and by the duty on employers to ensure that employees have sufficient training and experience so that the work they are employed to do is not likely to cause them harm.

However, the Committee notes the information provided in the Government’s report concerning the number of claims for work-related injuries by persons 18 and under, and observes that the number of work-related injuries increased significantly with the age of the children; 724 more children aged 16 years made claims for work-related accidents than those aged 15, and 1,347 more children aged 17 made claims than those aged 16. Additionally the Committee notes the Government’s statement that the DoL Report of 2010 on New Zealand school children in paid employment summarizes the current state of knowledge about the risks that children are exposed to in employment. In this regard, the Committee recalls that the DoL Report of 2010 indicated that the current legislative protections, which rely on the employer to protect children under the age of 18 from workplace hazards, do not appear in practice to be fully and effectively protecting children from hazardous work.

Therefore, the Committee must once again express its serious concern that children between 15 and 18 years of age are allowed, in law and in practice, to perform the types of work which are clearly hazardous, as previously acknowledged by the Government and supported by the Department of Labour’s research. The Committee must therefore emphasize that, by virtue of Article 3(d), work which, by its nature and the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18, constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to ensure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee also recalls that Paragraph 4 of Recommendation No. 190 addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore once again urges the Government to take immediate and effective measures to comply with Article 1 of the Convention, read with Article 3(d), to prohibit children under 18 years of age from engaging in hazardous and dangerous work. However, where such work is performed by young persons between 16 and 18 years of age, the Committee urges the Government to take the necessary measures to ensure that such work is only carried out in accordance with the strict conditions set out in Paragraph 4 of Recommendation No. 190, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in that activity. The Committee requests the Government to provide information on the progress made in this regard in its next report.

Article 4(1) and (3). Periodic revision of the types of hazardous activities prohibited to persons under 18 years of age. The Committee previously noted the Government’s indication that children under 18 years cannot work in any restricted areas of licensed premises, such as bars, licensed restaurants or clubs. However, it also noted the Government’s statement that, pursuant to sections 54–58 of the Health and Safety in Employment (HSE) Regulations, only employees under 15 years of age are prohibited from working in a number of high-hazard workplaces, such as in construction, logging and tree-felling operations, in work where goods are being manufactured and prepared for sale, in work with any machinery, lifting heavy loads or performing other tasks likely to be injurious to the employee’s health, night work and driving or riding any tractor or heavy vehicles. The Committee also noted the information from the Government’s report that research indicated that children represent a significant proportion of farm injuries, with nearly one fifth of all injuries on farms occurring involving children aged 15 and younger. The Government indicated that the majority of child fatalities occurred on farms, most typically with regard to children aged 10–14 years riding in vehicles to shift stock, and that this was being addressed through a safety campaign. The Committee further noted that the DoL Report of 2010 identified the construction, agriculture and hospitality industries as posing the most risk to young workers. The DoL Report of 2010 also identified some types of work which are more dangerous to young persons: by volume, working in shops (including petrol stations and supermarkets) and working in restaurants, takeaway outlets and other eateries. These types of activities were the largest contributors to workplace injuries and accounted for 60 per cent of injuries to schoolchildren in regular part-time work. Noting that the DoL Report of 2010 identified the sectors posing the most risk to young workers (construction, agriculture and hospitality), as well as the types of activities which are most injurious, the Committee reminded the Government that, pursuant to Article 4(1) and (3) of the Convention, the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children, shall be determined by national laws or regulations, and that this list shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned.

The Committee notes the Government’s statement that no amendments to the Regulations are currently being considered, but that any proposed change would entail a thorough consultation with a wide range of stakeholders, including employers’ and workers’ organizations. The Committee requests the Government to continue to provide information on any measures taken or envisaged to undertake a periodic review of the list of types of hazardous work, as provided for in Article 4(3) of the Convention, including measures to regulate the types of hazardous work identified in the DoL Report of 2010, such as work in the construction, agriculture and hospitality industries.

Article 5 and Parts IV and V of the report form. Monitoring mechanisms and application of the Convention in practice. The Committee previously noted the Government’s statement that the Department of Labour was continuing to investigate workplace practices relating to persons between 16 and 18 years of age engaged in hazardous work. However, the Committee noted the Government’s statement that there had been no prosecutions in respect of the prohibition contained in the HSE Act or Regulations on engaging a young person under the age of 15 in hazardous work, despite the information in the DoL Report of 2010 that 17 per cent of students in part-time work under the age of 15 had reported a work-related injury in the previous year, some of which were serious injuries. The Committee requested the Government to provide information on the results of the investigations carried out by the Department of Labour on workplace practices related to persons between 15 and 18 years engaged in hazardous work.

The Committee notes the Government’s statement that no information is available in this regard, as the collection of age-related data is not considered to be sufficiently complete to draw reliable conclusions. However, the Committee also notes the information in the Government’s report concerning the number of claims for work-related injuries for the year 2009 (the most recent data available). In this regard, the Committee notes that there were 7,391 claims made for work-related injuries by persons 18 and under in 2009, including 992 claims made by children aged 16 and 2,339 claims made by children aged 17. The Committee further notes the Government’s statement that further research is being undertaken as a part of the Youth 2000 project. A health and well-being survey of secondary-school students is currently under way across 100 schools in the country (following similar surveys conducted in 2001 and 2007). The Government indicates that this survey will provide updated information on the types of paid work that school-aged children are involved in, and will include new questions to increase the understanding of their working conditions and health and safety outcomes. Noting the significant number of work-related injuries claims made by persons under 18, the Committee requests the Government to provide information regarding subsequent investigations carried out concerning these accidents, violations detected, prosecutions and penalties applied, with its next report. It also requests the Government to provide information from the survey undertaken from the Youth 2000 project concerning work performed by children under 18, particularly with regard to working conditions and health and safety outcomes. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report and the comments made by Business New Zealand.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action to Prevent People Trafficking. The Committee previously noted the Government’s indication that it had developed a National Plan of Action to Prevent People Trafficking and it requested information on the implementation of this Plan.

The Committee notes the Government’s statement that the implementation of the National Plan of Action will mainstream human trafficking prevention and assistance into existing Government initiatives and programmes, and that each agency will be responsible for implementing particular action items. The Government also states that the overall monitoring and reporting of the implementation of the National Plan of Action will be undertaken by the Department of Labour with assistance from the Inter-agency Working Group on People Trafficking. The Government further states that this Working Group continues to coordinate efforts to implement training and awareness-raising measures to identify any potential victims of trafficking. The Committee notes the Government’s statement that it is aware that New Zealand remains at-risk of becoming a destination country for victims of trafficking, and recognizes that children are vulnerable to human trafficking. However, it also notes the Government’s statement that there have been no reported cases of human trafficking.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to education. The Committee previously noted the statement by the New Zealand Council of Trade Unions (NZCTU) that funding cuts and lack of increased funding in the secondary, tertiary and community education sectors had brought about a number of changes in these institutions. The Government stated that changes in funding in these institutions were designed to retain community literacy courses, such as the Youth Guarantee Scheme that help young people to re-engage in learning and pursue qualifications. The Committee requested information on the number of young people who had been provided access to tertiary education, training and employment opportunities pursuant to the implementation of the Youth Guarantee Scheme as well as other measures taken by the Government.

The Committee notes the Government’s statement that the New Zealand education system supports free education to all New Zealand residents between the compulsory school attendance ages of six and 16, and that students are entitled to continue with free school-based education up to the age of 19. The Committee also notes the Government’s indication that the Youth Guarantee Scheme enables 16 and 17 year-olds to access a range of free training opportunities by providers beyond school, and that approximately 20 per cent of students in this age group were supported by this programme. The Committee also notes the statement from Business New Zealand that young persons at-risk of dropping out of school (or those not in education) have, through Trade Academies that partner with schools, the opportunity to reach level 2 of the National Certificate of Educational Achievement. Business New Zealand indicates that, under the Youth Guarantee Scheme, children aged 16 and 17 do not pay fees in this regard.

Commercial sexual exploitation. The Committee previously noted that within the framework of National Plan of Action against the Commercial Sexual Exploitation of Children, the Department of Internal Affairs had successfully completed a trial of its website filtering programme aimed at blocking New Zealanders’ access to at least 7,000 websites containing images of child sex abuse.

The Committee notes the Government’s statement that the Department of Internal Affairs continues to operate the Digital Child Exploitation Filtering System and that this System blocks over 350,000 requests for objectionable content (such as child pornography) a week. The Committee also notes the Government’s indication that it has introduced several initiatives to provide protection to children from pornography and online exploitation, such as the Online Child Exploitation Across New Zealand team established by the Police in 2009, which patrols the internet for offences related to grooming, and investigates the exploitation of children through the internet. The Government also states that it has joined the Virtual Global Taskforce, a group of international law enforcement departments working collaboratively to combat online child abuse and exploitation. In this regard, the Committee notes the comment from Business New Zealand that there is no known pornography industry in New Zealand, although it is likely that some persons in the country trade sexual images of children.

Clause (d). Children at special risk. Children living in poverty. The Committee previously noted the NZCTU’s contention that poverty has been an issue for New Zealand for some years and, with the current recession, this issue is growing. According to a report by the NZ Christian Council for Social Services entitled “Vulnerability Report”, over 200,000 children in New Zealand are living in hardship and are vulnerable to unsafe or illicit work. In this regard, the Committee noted the Government’s statement that a wide range of social assistance support measures were available for families at risk, including specific programmes in response to the economic downturn. The Committee expressed concern at the high number of children living in hardship who are at risk of being engaged in the worst forms of child labour.

The Committee notes the Government’s statement that New Zealand law and practice provide adequate protection for children and young persons. However, the Committee also notes that the Committee on the Rights of the Child, in its concluding observations of 11 April 2011, while noting that the extent of child poverty has declined in recent years, expressed its concern that approximately 20 per cent of children in New Zealand are living under the poverty line (CRC/C/NZL/CO/3-4 paragraph 43). The Committee, therefore, encourages the Government to take effective and time-bound measures to prevent children living in poverty from being engaged in the worst forms of child labour, and to provide information on the measures taken in this regard.

Runaways and homeless children. The Committee previously noted the NZCTU’s allegation that there are many young runaways and homeless children living on the streets who resort to prostitution, theft and drug trafficking. The NZCTU indicated that homeless young women who have no night shelters or similar emergency accommodation sell sexual favours for basic need. The Committee also noted the Government’s indication that reception centres under the Child, Youth and Family Services provided safe, short-term accommodation for children in need of care. It noted that in 2008, 16 young people involved in street prostitution were removed from the streets and either reintegrated with their families or placed in the Child, Youth and Family Services. The Committee requested the Government to continue providing information in this regard.

The Committee notes the Government’s statement that statistics on the number of street children withdrawn and rehabilitated by the Child, Youth and Family Services were collected for a fixed-term project, and that statistics for a new time period are not available. The Committee also notes the statement from Business New Zealand that there is little evidence of children in New Zealand living on the streets, and that every attempt is made to rehabilitate any young persons found to be engaged in prostitution. In this regard, the Committee notes the information in the Government’s report that the city of Christchurch has a planned approach to dealing with underage prostitution by working collaboratively with the Police and the Youth Cultural Development (an NGO). The Government indicates that regular inter-departmental meetings are held to discuss cases and do joint planning. The Youth Cultural Development specialises in providing effective intervention services to young women, and staff from this NGO work directly with teenage women living in a dedicated shelter that provides a safe and secure environment for young women. The Government states that this model has proved to be effective in stabilising young women and reducing the rate of return to commercial sex work on the streets.

Illegal migrants. The Committee previously noted the allegations made by the NZCTU that some illegal migrants, including under-age persons in the sex industry or the hospitality industry, are working in situations similar to forced labour. Moreover, community consultation held by the Government in 2008 suggested that trafficking should be viewed as “the extreme end of a spectrum of exploitation of vulnerable migrant workers” and that measures should be taken to prevent exploitation across all industries and workplaces most likely to employ illegal workers. The Committee also noted the Government’s indication that it had introduced an amendment to the Immigration Act, according to which illegal migrant children can apply for a Limited Purpose Permit (LPP) which will allow them to enrol at primary and secondary schools. The NZCTU considered this as a positive move from the Government but which would need more support to enable young people to participate. The Committee requested information on the number of illegal migrant children who have applied for a LPP and are enrolled in schools.

The Committee takes due note of the Government’s statement that, as of 29 November 2010, the Immigration Act 2009 removed the penalty provision which made it illegal for principals to enrol a child who was unlawfully in the country without an LPP. This has resulted in the extension of the right of long stay unlawful immigrants who are residents of New Zealand to enrol their children in state schools. The Committee notes that such children are not long differentiated from other students in state schools, and therefore, data on this subject is no long collected.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that, during the period from January 2003 to December 2008, offences committed relating to the possession and distribution of child pornography under the Films, Videos and Publication Classification Act of 1993 resulted in 57 penalties of imprisonment and in 47 fines. The Committee also noted that, as of 31 January 2009, a total of 120 charges were laid down under sections 20–22 of the Prostitution Reform Act of 2003. The Committee requested the Government to continue providing information on the nature, extent and trends of the worst forms of child labour.

The Committee notes that, between 1 January 2009 and 3 March 2011, 25 persons were sentenced to prison for offences related to the possession and/or distribution of child sexual abuse images. The Committee also notes that between June 2009 and January 2010, two persons were charged with causing, assisting, facilitating, or encouraging the prostitution of a person under 18 years of age (pursuant to section 20 of the Prostitution Reform Act of 2003), and one person charged with contracting for commercial sexual services from, or being a client of, a person under 18 years (pursuant to section 22 of the Prostitution Reform Act of 2003). The Committee also notes the statement of Business New Zealand that under age prostitution is illegal in New Zealand and that clients and procurers are prosecuted in this regard.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s detailed report. It also notes the comments made by Business New Zealand.

Article 3(d) of the Convention. Hazardous work. 1. Minimum age for admission to hazardous work. The Committee previously noted that, by virtue of section 54(d) of the Health and Safety in Employment Regulations of 1995 (HSE Regulations), “every employer shall take all practicable steps to ensure that no employee under the age of 15 works in any area at a place of work under the control of that employer ... at any time when any work is being carried out in that area that is likely to cause harm to the health and safety of a person under the age of 15 years”. It had observed that the prohibition did not extend to children under 18 years of age, as specified under Article 3(d) of the Convention.

The Committee also noted the allegation of the New Zealand Council of Trade Unions (NZCTU) that in 2006, about 300 children under 15 years visited their local doctor for a work-related injury and that accident compensation entitlements and rehabilitation assistance were provided to between 1,000–2,000 children between the ages of 15 and 19. The NZCTU contended that there was widespread under-reporting of accident compensation claims and workplace accidents. In this regard, the Committee noted the Government’s response that while it shared the concerns raised by the NZCTU with regard to the workplace injuries of children and young persons, which in some cases proved fatal, legislative protections existed to protect young persons. The Government also stated that it was aware of the under-reporting of accident claims and workplace injuries. The Committee further noted the information from the Government report on the prosecutions in 2007 and 2008 related to workplace injuries sustained by a 14-year-old child with partial amputation of three fingers on a snip saw; the death of a 12-year-old who fell from a truck; and a 17-year-old who had his fingers and wrist crushed by a pastry machine.

The Committee notes the Government’s statement that the existing legislative protections generally ensure that young people are not exposed to hazardous work and that employers have an obligation to ensure a healthy and safe working environment, as well as duties related to training and supervision. Business New Zealand also states that the existing legislative framework provides effective age thresholds for entry into work, particularly when read together with the obligation on all employers to provide their employees of whatever age, with a safe and healthy working environment. However, the Committee also notes the information in a research paper entitled “School children in Paid Employment – A summary of research findings” produced by the Department of Labour in September 2010 (DoL Report of 2010) according to which employers are not effective in raising schoolchildren’s awareness of hazards, nor their rights, in the workplace as expected under the Health and Safety in Employment Act (1992). The DoL Report of 2010 states that one study found that a third of secondary school students indicated that their employers had not provided them with any information about workplace hazards. Moreover, this DoL Report of 2010 indicates that inadequacies in training and supervision of children in workplaces were also frequently reported. The Committee, therefore, notes with concern the information in the DoL Report of 2010 indicating that the existing legislative protections, which rely on the employer to protect children under the age of 18 from work place hazards, do not appear in practice to be fully and effectively protecting children from hazardous work.

Moreover, the Committee notes the information in the DoL Report of 2010 according to which injuries are a common and occasionally serious occurrence in school children’s workplaces, with one-sixth of secondary school students in part time work reportedly being injured at work in the past year. The DoL Report of 2010 states that while half of these injuries appear to be relatively minor, around a fifth of such injuries were severe enough to warrant a visit to a medical professional or hospital. Moreover, the DoL Report of 2010 indicates that children aged 15–16 were more likely to have had an injury than children aged 13–14, and that 20 per cent of working children of 16 years of age had had an employment injury. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations of 11 April 2011, expressed concern that children between the ages of 15 and 18 are allowed to work in dangerous workplaces (CRC/C/NZL/CO/3-4, paragraph 41).

The Committee must express its serious concern that children between 15 and 18 years of age are allowed, in law and in practice, to perform the types of work which are clearly hazardous, as previously acknowledged by the Government and supported by the Department of Labour’s research. The Committee must, therefore, emphasize that, by virtue of Article 3(d), work which, by its nature and the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18, constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to ensure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee also recalls that Paragraph 4 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190) addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee urges the Government to take immediate and effective measures to comply with Article 1 of the Convention, read with Article 3(d), to prohibit children under 18 years of age from engaging in hazardous and dangerous work. However, where such work is performed by young persons between 16 and 18 years of age, the Committee urges the Government to take the necessary measures to ensure that such work is only carried out in accordance with the strict conditions set out in Paragraph 4 of Recommendation No. 190, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in that activity. The Committee requests the Government to provide information on the progress made in this regard.

2. Self-employed children. The Committee previously noted that the HSE Regulations, which contain provisions for the employment of children in hazardous occupations, only apply to a “place of work under the control of that employer” (section 54). However, it noted the Government’s statement that the provisions restricting the employment of children in hazardous work (15 years) and night work (16 years) under the HSE Regulations had been amended, in order to cover self-employed children working as independent contractors. It requested a copy of the Regulations, as amended.

The Committee notes that on 1 April 2009, the HSE Amendment Regulations came into force. In this regard, it notes that section 58A of the HSE Regulations has been amended to state that sections 58B to 58E (prohibiting injurious tasks, the use of machinery and the use of tractors) apply to a principal who engages a person under the age of 15 years as a contractor to do any work (except residential work), and that section 58F (prohibiting night work) applies to a principal who engages a person under the age of 16 years as a contractor to do any work (except residential work). The Committee, accordingly, notes that these amendments restrict young persons under 15 years who are working as independent contractors from working in hazardous workplaces or doing hazardous work, and persons under 16 from engaging in night work. The Committee observes that these revisions do not ensure the protection of persons between the ages of 16 and 18 working as contractors from engaging in hazardous work, but notes the statement from Business New Zealand that when contractors between the ages of 16 and 18 are working on an employer’s premises, they are subject to the same safety and health constraints that apply to the employer’s own employees. The Committee recalls that, pursuant to Article 3(d) of the Convention, all persons under the age of 18, including self-employed workers, are entitled to be protected against types of work, which by their nature or the circumstances in which they are carried out, are likely to harm their health, safety and morals. Accordingly, the Committee urges the Government to take immediate and effective measures to ensure that all self-employed workers and independent contractors under the age of 18 years are protected from hazardous work. It requests the Government to provide information on progress made in this regard.

Article 4(1). Determining the types of hazardous activities prohibited to persons under 18 years of age. The Committee previously noted the Government’s indication that children under 18 years cannot work in any restricted areas of licensed premises, such as bars, licensed restaurants or clubs. However, it also noted the Government’s statement that, pursuant to sections 54–58 of the HSE Regulations, only employees under 15 years of age are prohibited from working in a number of high-hazard workplaces, such as in construction, logging and tree-felling operations, in work where goods are being manufactured and prepared for sale, in work with any machinery, lifting heavy loads or performing other tasks likely to be injurious to the employee’s health, night work and driving or riding any tractor or heavy vehicles.

The Committee notes the information in the Government’s report that research has found that children represent a significant proportion of farm injuries, with nearly one fifth of all injuries on farms occurring in children aged 15 and younger. The Government indicates that the majority of child fatalities occur on farms, most typically with regard to children aged 10–14 years riding in vehicles to shift stock, and that this was being addressed through a safety campaign on the subject of quad bikes. The Committee also notes that the DoL Report of 2010 identifies the construction, agriculture and hospitality industries as posing the most risk to young workers. The DoL Report of 2010 also identifies some types of work which are more dangerous to young persons: by volume, working in shops (including petrol stations and supermarkets) and working in restaurants, takeaway outlets and other eateries. These types of activities are the largest contributors to workplace injuries and account for 60 per cent of injuries to schoolchildren in regular part-time work. Noting that the DoL Report of 2010 identifies the sectors posing the most risk to young workers (construction, agriculture and hospitality), as well as the types of activities which are most injurious, the Committee reminds the Government that, pursuant to Article 4(1) and (3) of the Convention, the types of work which, by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children, shall be determined by national laws or regulations, and that this list shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. Observing that the types of work most hazardous to young persons have been identified by the Government, the Committee urges the Government to take the necessary measures to ensure the determination of a list of types of hazardous work to be prohibited for all persons under 18 years of age, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. Occupational safety and health service. The Committee previously noted the Government’s statement that the Department of Labour was continuing to investigate workplace practices relating to persons between 16 and 18 years of age engaged in hazardous work. The Committee requested information on the outcome of these investigations.

The Committee notes the Government’s statement that the monitoring of health and safety outcomes is becoming more systematic. The Government states that it is using the “serious injury outcome indicators” developed for the New Zealand Injury Prevention Strategy to monitor the performance in reducing serious injury for the population as a whole and for persons under 14. The Committee also notes the Government’s statement that in May 2010 the Department of Labour launched an online toolkit entitled “My First Job” with a view to improving awareness on children’s employment rights. The Government also indicates that in 2011, the Department of Labour released a new National Action Agenda, which is a strategic approach to reducing work-related injuries and fatalities that focuses on five sectors, including agriculture and construction.

While noting the programmatic measures taken by the Government, the Committee notes an absence of information regarding investigations carried out by the Department of Labour. Observing that children of 15 years and above are allowed to perform hazardous work, the Committee requests the Government to provide information on the results of the investigations carried out by the Department of Labour on workplace practices related to persons between 15 and 18 years engaged in hazardous work.

Parts IV and V of the report form. Application of the Convention in practice. The Committee previously noted the Government’s indication that, during the period 2007–08, there were three prosecutions under the HSE Act and HSE Regulations regarding injuries sustained by young persons under 18 years at the place of employment.

The Committee notes the statement by Business New Zealand that the kind of work (and working conditions) about which the Committee is concerned are not found in New Zealand and that all work undertaken is subject to strict safety and health controls. It states that, until the age of 16, work can only be undertaken on a part-time or casual basis. Business New Zealand states that where serious workplace accidents occur, there has recently been a considerable increase in the penalties imposed on employers by the courts. However, the Committee notes the Government’s statement that there have been no prosecutions in respect of the prohibition contained in the HSE Act or Regulations on engaging a young person under the age of 15 in hazardous work, despite the information in the DoL Report of 2010 that 17 per cent of students in part-time work under the age of 15 reported a work-related injury in the past year, some of which were serious injuries. The Committee requests the Government to provide information on the number of workplace accidents and injuries involving all persons under 18 years of age, as well as the subsequent investigations and prosecutions, with its next report. It also requests the Government to supply statistics on the employment of children and young persons in hazardous work and extracts from the reports of inspection services as soon as this information becomes available. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s report. It also notes the comments of the New Zealand Council of Trade Unions (NZCTU) and the Government’s response thereto.

Article 5 of the Convention. Monitoring mechanisms. 1. Child Labour Officials Advisory Committee (CLOAC). The Committee had previously noted the Government’s information that CLOAC which was established in 2001 to raise public awareness and understanding of ILO Convention No. 182 and to encourage initiatives to identify and eliminate the worst forms of child labour was replaced by the Children’s Employment Work Programme Advisory Group (CEWP Group), which will be led by the Department of Labour. It had also noted the Government’s indication that the CEWP Group will have a wider role than the CLOAC as it will cover children in all types of employment and that it will be in charge, among others, of overseeing the strengthening of child workers’ protection.

The Committee notes the NZCTU’s comments that the Ministry of Youth Development (MYD) which is currently in charge of dealing with child labour issues, including the worst forms, and which replaces the CEWP Group, has little knowledge of employment law, policy or legal issues related to young persons. Moreover, this transfer of work to the MYD has led to reduced consultations with the Council of Trade Unions (CTU) on child labour issues. The NZCTU is of the view that an inter-agency work group be established with the participation of the CTU and community advocates in order to deal with child labour issues.

The Committee notes the Government’s statement that the MYD prepares the reports for the United Nations Committee on the Rights of the Child in consultation with all government agencies and a standing advisory group. This inter-agency monitoring and reporting process covers many of the issues covered under Convention No. 182, in addition to child rights. Moreover, the interagency issues related to children and employment is addressed by the MYD in cooperation with the Department of Labour (DoL). It also states that the Department of Labour will continue implementing and developing programmes on promoting and protecting the employment rights of children and young people and will involve the CTU in these endeavours. 

2. Prostitution Law Review Committee. The Committee had previously noted that the Prostitution Law Review Committee (PLR Committee) was responsible for assessing the impact of the Prostitution Reform Act (PRA) on the number of persons working as sex workers in the country, and on any prescribed matters relating to sex workers or prostitution. The Committee notes the Government’s information that research to assess the impact of the PRA conducted by the Ministry of Justice and the Christchurch School of Medicine in 2006–07 revealed that under-age prostitutes made up 1.3 per cent of the total number of sex workers surveyed. The Committee also notes that, according to the research, the PRA did not have any impact on the number of people entering the sex industry. The PLR Committee observed that the PRA has raised awareness of the problem of under-age prostitution, which is a positive consequence. The Committee further notes the Government’s statement that in its review of the PRA, the PLR Committee recommended that a collaborative approach between the Police, the Ministry of Social Development (MSD), the MYD and relevant NGOs must be taken to assist at risk young people, with the MSD and MYD providing increased funding to community-based organizations working with children at risk. The Committee finally notes the Government’s indication that, as a part of implementing the provisions of the PRA, in 2008, the police carried out an operation which resulted in the arrest of 25 people, out of which three were charged with the offence of being involved in the prostitution of children under 18 years of age. Moreover, 16 young persons involved in street prostitution were removed from the streets and either reintegrated with their families or placed in the Child Youth and Family Services. 

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action to Prevent People Trafficking. The Committee notes the Government’s information that it has developed a National Plan of Action to Prevent People Trafficking which will be implemented after Cabinet approval in mid-2009. This Plan of Action provides an overarching framework for New Zealand’s anti-trafficking strategies and sets out short-, medium- and long-term goals and responsibilities for the enforcement agencies in combating human trafficking. It also notes the Government’s statement that training of the enforcement agencies including the DoL, the police and the customs has been undertaken to identify trafficking activities. The Committee requests the Government to provide further information on the implementation of the National Plan of Action to Prevent People Trafficking, and its impacts. It also requests the Government to provide information on the number of child victims of trafficking who have been identified by the DoL, police and the customs and rehabilitated.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to education. The Committee notes the NZCTU’s contention that fund cuts and lack of increased funding in the secondary, tertiary and community education sectors, under the Government’s budget in 2009, has brought about a number of changes in these institutions. According to the NZCTU the rising unemployment problem is encouraging young people to seek further training or education as an alternative for joblessness. Moreover, there is insufficient planning to support an estimated 2000 or more apprentices in the building and construction sectors alone who have lost their jobs and whose training is interrupted. Furthermore, fund cuts under the Government’s budget for 2009 have also affected the “Innovations Pool for students at Risk” and Adult and Community Education (ACE) which provide a transition to other forms of education for children who have not completed formal education. According to the NZCTU, these cuts are likely to reduce the accessibility of training and education for young people who drop out of secondary school because of bullying or other difficulties. The NZCTU further stresses the need to introduce anti‑bullying education in schools, with particular attention to homophobia and transphobia to reduce the behaviour that results in some children leaving school early.

The Committee notes the Government’s response that participation in tertiary education has increased rapidly and so has the cost of tertiary education. However, the Government is not prepared to sustain unlimited tertiary participation, but ensure the efficiency and effectiveness of the system and actively monitor the access of priority groups. It has also continued its commitment to industry training by maintaining funded places for 2010. The Government further states that it will announce a range of youth employment initiatives shortly, including the Youth Guarantee Scheme which will enable children of 16 years and above to access a range of free training opportunities, investment in tertiary education and maximizing the employment and training opportunities for youth. The Committee also notes the Government’s indication that trainees who had lost their jobs are now provided with the opportunity to continue their training for 12 weeks which would enable the Industry Training Organizations and Modern Apprenticeship Co-ordinators a greater opportunity to find new jobs for the trainees.

The Committee further notes the Government’s statement that the Innovations Pool and the ACE (which provides hobby courses such as art, music, craft, etc.) do not seem to be motivating nor effective or helpful for young people, which is evident from the small proportion of enrolment rates. According to the Government, this change in funds in these institutions were designed to retain community literacy courses, such as the Youth Guarantee Scheme that help young people to re-engage in learning and pursue qualifications that lead to employment and to function more effectively in a modern society. Finally, concerning the NZCTU’s comments about the high drop-out rates in secondary schools, the Committee notes the Government’s statement that it has amended the Education Act in 2008 to introduce increased penalties for non-enrolment and non-attendance at school of children of 6–16 years of age. It also notes the Government’s indication that it has introduced an electronic enrolment database (ENROL) within the education sector to identify children who are and who are not attending school. The ENROL is a key tool in protecting children of compulsory schooling age from entering child labour. The Committee requests the Government to provide information on the number of children who drop out of secondary school and on the number of children enrolled in the Innovations Pool and ACE. It also requests the Government to provide statistical information on the number of young people who have been provided access to tertiary education, training and employment opportunities pursuant to the implementation of the Youth Guarantee Scheme and other measures taken by the Government.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee had previously noted that the Government undertook various measures in implementing the National Plan of Action against the Commercial Sexual Exploitation of Children. It notes the Government’s information that, within the framework of this national plan, the Department of Internal Affairs has successfully completed a trial of its web site filtering programme aimed at blocking New Zealanders’ access to at least 7,000 web sites containing images of child sexual abuse. The Committee requests the Government to continue providing information on the measures taken within the National Plan of Action Against the Commercial Sexual Exploitation of Children and results achieved in terms of the number of children under the age of 18 years who have been withdrawn from commercial sexual exploitation and rehabilitated.

Clause (d). Children at special risk. 1. Children living in poverty. The Committee notes the NZCTU’s contention that poverty has been an issue for New Zealand for some years and, with the current recession, this issue is growing. According to a report by the NZ Christian Council for Social Services entitled “Vulnerability Report”, over 200,000 children in New Zealand are living in hardship and are vulnerable to unsafe or illicit work. The Committee notes the Government’s statement that a wide range of social assistance support is available for families at risk, including specific programmes in response to the economic downturn, like the Re-start programme for those who have lost their jobs. The Committee expresses concern at the high number of children living in hardship who are at risk of being engaged in the worst forms of child labour. It therefore requests the Government to take effective and time-bound measures to prevent these children from being engaged in the worst forms of child labour, and to provide information in this regard.

2. Runaways and homeless children. The Committee notes the NZCTU’s allegation that there are many young runaways and homeless children living on the streets who resort to prostitution, theft and drug trafficking. Homeless young women who have no night shelters or similar emergency accommodation sell sexual favours for basic needs. The NZCTU indicates that many young unemployed men have turned to prostitution. The current unemployment rate for young people is 20 per cent which is on the rise. The Committee notes the Government’s statement there is very little evidence of the number of homeless children living on the streets. Furthermore, reception centres under the Child, Youth and Family Services are available to protect homeless children. These centres provide safe, short-term accommodation for children in the youth justice system or in need of care and protection, and children picked up by the police. It also notes the Government’s information that, in 2008, 16 young people involved in street prostitution were removed from the streets and either reintegrated with their families or placed in the Child, Youth and Family Services. The Committee further notes the Government’s statement that education and vocational training are the best strategies to prevent young girls from entering the sex industry. The Committee reminds the Government that homeless children and runaway children who live on the streets are particularly exposed to the worst forms of child labour, and therefore requests it to take the necessary measures to protect these children living on the streets from the worst forms of child labour. It also requests the Government to provide information on the measures taken in this regard, in particular the educational and vocational training measures taken or envisaged for young girls in order to prevent them from becoming involved in prostitution. The Committee further requests the Government to continue providing information on the number of street children withdrawn and rehabilitated by the Child, Youth and Family Services.

3. Illegal migrants. The Committee notes the allegations made by the NZCTU that some illegal migrants, including under-age persons in the sex industry or the hospitality industry, are working in situations similar to forced labour. Moreover, community consultation by the Government in 2008 suggested that trafficking should be viewed as “the extreme end of a spectrum of exploitation of vulnerable migrant workers” and that measures should be taken to prevent exploitation across all industries and workplaces most likely to employ illegal workers, and that better enforcement of labour standards was needed to prevent exploitation of migrants and reduce incentives of people trafficking. The Committee notes with interest the Government’s statement that it has introduced an amendment to the Immigration Act, according to which illegal migrant children can apply for a Limited Purpose Permit (LPP) which will allow them to enrol at primary and secondary schools. The NZCTU considers this as a positive move from the Government but which would need more support to enable young people to participate. The Committee requests the Government to provide information on the number of illegal migrant children who have applied for a LPP and are enrolled in schools. It further requests the Government to provide information on any other measures taken or envisaged to protect illegal migrant children from the worst forms of child labour, in particular trafficking and commercial sexual exploitation.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that, during the period from January 2003 to December 2008, there were more than 145 charges for offences related to the possession and distribution of child pornography under the Films, Videos and Publication Classification Act of 1993. Of these, 57 resulted in penalties of imprisonment and 47 in fines. Moreover, as at 31 January 2009 a total of 120 charges were laid down under sections 20–22 of the Prostitution Reform Act of 2003. These included 35 cases under section 20 (assisting the prostitution of under 18s), 28 cases under section 21 (receiving earnings out of the prostitution of under 18s), and 42 cases under section 22 (contract for sex with under 18s). The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and, in particular, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the Government’s detailed report. It also notes the comments made by the New Zealand Council of Trade Unions (NZCTU) and the Government’s response thereto.

Article 3(d) and Article 4, paragraph 1, of the Convention. Hazardous work. The Committee had previously noted that, by virtue of section 54(d) of the Health and Safety in Employment Regulations of 1995 (HSE Regulations), “every employer shall take all practicable steps to ensure that no employee under the age of 15 works in any area at a place of work under the control of that employer ... at any time when any work is being carried out in that area that is likely to cause harm to the health and safety of a person under the age of 15 years”. It had observed that the prohibition did not extend to children under 18 years of age. The Committee had also noted the Government’s statement that the HSE Act addresses the health and safety of young persons over 15 years of age through a combination of duties imposed on the employer, including various requirements of training and supervision. It had further noted the Government’s indication that it intended to review the HSE Regulations in order to prohibit hazardous work for employees aged under 16 years of age (raising the prohibition from 15 years).

The Committee notes the NZCTU’s allegation that statistics on work-related injuries indicated that, in 2006, about 300 children under 15 years visited their local doctor for a work-related injury. Moreover, in the same year, accident compensation entitlements and rehabilitation assistance were provided to about ten children under the age of 9; 15 children between the ages of 10 and 14, and between 1,000–2,000 children between the ages of 15 and 19. According to the NZCTU, the common location of such fatalities is farm work. The NZCTU further contends that there is also widespread under-reporting of accident compensation claims and workplace accidents.

The Committee notes that, while the Government shares the concerns raised by the NZCTU with regard to the workplace injuries of children and young persons, which in some cases prove fatal, it believes that the existing legislative protections generally ensure that young people are not exposed to hazardous work. The Committee notes the Government’s statement that it is aware of the under-reporting of accident claims and workplace injuries. It nevertheless considers that several activities are in place to raise young people’s awareness of workplace health and safety and their rights at the workplace, such as the “Grim Harvest” campaign which alerts workers including young persons about seasonal fatalities during work on farms, and the Children’s Employment Work Programme. The Committee also notes the Government’s statement that, during the period from 2007 to 2009, it has analysed young people’s work patterns, where they sustain work-related harms and at what age young people mature physically and psychologically, in order to understand age as a risk factor. The Committee finally notes the Government’s indication that it has decided not to review the HSE Regulations in order to prohibit hazardous work for young employees, but to seek non-regulatory options for the protection of young people under the age of 16 years from hazardous work through developing practice guidelines and information. The Committee further notes the Government’s information on the prosecutions in 2007 and 2008 related to workplace injuries sustained by a 14-year-old child with partial amputation of three fingers on a snip saw; death of a 12-year-old who fell from a truck; and a 17-year-old who had his fingers and wrist crushed by a pastry machine. 

Finally, the Committee notes the Government’s statement that employees under 15 years of age are prohibited from working in a number of high-hazard workplaces such as construction, logging and tree-felling operations, work where goods are being manufactured and prepared for sale, working with any machinery, lifting heavy loads or performing other tasks likely to be injurious to the employee’s health, night work (prohibited for children under 16 years) and driving or riding any tractor or heavy vehicles (sections 54–58 of the HSE Regulations).

The Committee must express its serious concern over the fact that children between 15 and 18 years of age are allowed, in law and in practice, to perform the abovementioned types of work which are clearly hazardous, as acknowledged by the Government itself. It also expresses its serious concern at the number of injuries and fatalities, including death suffered by children under 18 years working in hazardous types of work as underlined by the NZCTU and not contested by the Government. The Committee, therefore, emphasizes that, by virtue of Article 3(d), work which, by its nature and the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, constitutes one of the worst forms of child labour and that, by virtue of Article 1 of the Convention, member States are required to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It reminds the Government that, while determining the types of work referred to under Article 3(d) of the Convention, in accordance with Article 4(1), the relevant international standards shall be taken into consideration, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which enumerates activities to which the Government should give special consideration when determining types of hazardous work. It also recalls that Paragraph 4 of Recommendation No. 190 addresses the possibility of authorizing the employment or work of young persons as from the age of 16 under strict conditions that their health and safety be protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. Considering the significant number of injuries and fatalities suffered by children, it would appear that the conditions of protection and prior training, as set out in Paragraph 4 of Recommendation No. 190, are not fully met in all circumstances. The Committee accordingly urges the Government to take immediate and effective measures to comply with Article 1 of the Convention, read with Article 3(d), to prohibit children under 18 years of age from engaging in hazardous and dangerous work. However, where such work is performed by young persons between 16 and 18 years of age, the Committee urges the Government to take the necessary measures to ensure that such work is only carried out in accordance with the strict conditions set out in Paragraph 4 of Recommendation No. 190, namely that the health and safety of such young persons be protected and that they receive adequate specific instruction or vocational training in that activity. The Committee requests the Government to provide information on the progress made in this regard.

Self-employed children. The Committee had previously noted that the HSE Regulations, which contain provisions for the employment of children in hazardous occupations, only apply to a “place of work under the control of that employer” (section 54). It had also noted the Government’s statement that the Minors Contracts Act of 1969 provides protection for minors (persons under the age of 18) entering a contract for service (self-employment). The Committee had noted the comments made by the NZCTU in 2007 that the Government’s action was long overdue on introducing an amendment to the HSE Regulations to extend their coverage to child workers who are contractors rather than employees. Noting the Government’s information that the Department of Labour would review the HSE Regulations in order to extend such Regulations to children working as independent contractors as well as self-employed children under 16 years of age, the Committee had hoped that the HSE Regulations would soon be reviewed in order to cover young self-employed persons.

The Committee notes the Government’s statement that the provisions restricting the employment of children in hazardous work (15 years) and night work (16 years) under the HSE Regulations have been amended in order to cover self-employed children working as independent contractors (sections 58A–58F of the Health and Safety in Employment Amendment Regulations of 2008). The Committee once again urges the Government to take immediate and effective measures to comply with Article 1 of the Convention, read with Article 3(d), to ensure that self-employed workers under the age of 18 years are protected from hazardous work. However, where such work is performed by young persons between 16 and 18 years of age, the Committee urges the Government to ensure that self-employed persons under 18 years of age enjoy the protection afforded by Paragraph 4 of Recommendation No. 190. It requests the Government to provide information on progress made in this regard. The Committee further requests the Government to provide a copy of sections 58A–58F of the Health and Safety in Employment Amendment Regulations of 2008.

Article 5. Monitoring mechanisms. Occupational safety and health service. In its previous comments, the Committee had noted the Government’s information that the Department of Labour (DoL) intended to begin investigating workplace practices relating to persons between 16 and 18 years of age engaged in hazardous work. In this regard, it had also noted the NZCTU’s recommendation, in its communication of 2007, that input be sought from experts in child and youth development in order to assess the physical and psychological limits of young persons in relation to hazardous work. The Committee notes the Government’s statement that, from March to May 2008, the DoL introduced certain communication methods to reinforce the application of the HSE Regulations under a “Know your Rights” theme. This included preparing a factsheet using a comic/graphic style, and running a radio song competition aimed at promoting the health and safety of young persons at work. The Government further states that the DoL is continuing to investigate workplace practices relating to persons between 16 and 18 years of age engaged in hazardous work which forms part of the review of the age threshold on hazardous work and their physical and psychological limits in relation to such work. Noting that children of 15 years and above are allowed to perform hazardous work, the Committee requests the Government to provide information on the results of the investigations carried out by the Department of Labour on workplace practices related to persons between 15 and 18 years engaged in hazardous work.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the NZCTU’s allegation that the 2009 Youth in the Labour Market Report does not include children aged less than 15 years of age, in spite of New Zealand having no minimum age for work, nor does it provide disaggregated information on a year-by-year basis for young people under 18 years of age. It notes the Government’s response that the Youth in the Labour Market Report is primarily based on the data from Statistics on New Zealand’s Household Labour Force Survey, which only collects information on persons of 15 years and above. Moreover, disaggregated information of young people between 15 and 18 was not included as the majority of stakeholders did not require it. The Committee further notes the Government’s indication that, during the period 2007–08, there were three prosecutions under the HSE Act and HSE Regulations regarding injuries sustained by young persons under 18 years at the place of employment. The Committee expresses its regret at the insufficient data on working children and young persons and it strongly urges the Government to take the necessary measures to ensure that sufficient data on the situation of working children in New Zealand, including children under 15 years of age is available. It requests the Government to supply statistics on the employment of children and young persons and extracts from the reports of inspection services as soon as this information becomes available. To the extent possible, all information provided should be disaggregated by age and sex.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It also notes the comments of the New Zealand Council of Trade Unions (NZCTU) received with the Government’s report. It requests the Government to provide information on the following points.

Article 3, clause (d), of the Convention and Article 4, paragraph 1. 1. Hazardous work. The Committee had previously noted that, by virtue of section 54(d) of the Health and Safety in Employment Regulations of 1995 (HSE Regulations), “every employer shall take all practicable steps to ensure that no employee under the age of 15 works in any area at a place of work under the control of that employer […] at any time when any work is being carried out in that area that is likely to cause harm to the health and safety of a person under the age of 15 years”. It had noted that the prohibition did not extend to children under 18 years of age.

The Committee notes the NZCTU’s statement that employment of young persons places an obligation on the employer to ensure the health and safety of employees. In this regard, the NZCTU affirms that it is satisfied that Government programmes on workplace health and safety are generally improving the awareness and responsiveness of employers to their responsibilities. Finally, the NZCTU states that it endorses the proposal that the Government review the HSE Regulations in order to further define the categories of work deemed hazardous and increase the restriction on such work.

The Committee notes the Government’s information that children under 18 years cannot work in any restricted area of licensed premises, such as bars, licensed restaurants or clubs. It also notes that section 26 of the Maritime Transport Act of 1994 prohibits the employment of a person under 18 years of age as a trimmer or fireman on steamships.

It further notes the Government’s indication that the types of hazardous work described in Paragraph 3 of Recommendation No. 190 are covered by the HSE Regulations, but only to those aged under 15 or 16 years. It notes the Government’s information that, employees under 15 years are not allowed to work in a number of sectors considered hazardous such as construction, logging and tree-felling operations, work where goods are being manufactured and prepared for sale, working with any machinery, lifting any weight or performing other tasks likely to be injurious to the employee’s health, working during the night (prohibited for children under 16 years), driving or riding any tractor or any vehicle (sections 54–58 of the HSE Regulations). The Committee also notes the Government’s information under Convention No. 59 that, while mines and quarrying are not specified as prohibited work, the combined effect of the HSE Regulations prohibits a young person from working or being present in a mine or a quarry. The Committee notes the Government’s information that the HSE Act addresses the health and safety of young persons over 15 years of age through a combination of duties imposed on the employer, including various requirements of training and supervision.

The Committee notes the Government’s information that it intends to review the HSE Regulations in order to prohibit hazardous work for employees aged under 16 years (raising the prohibition from 15 years). The Committee hopes that the HSE Regulations will soon be reviewed in order to ensure conformity with Article 3, clause (d), of the Convention, read in conjunction with Paragraph 4 of Worst Forms of Child Labour Recommendation, 1999 (No. 190), and requests the Government to provide information on any developments in this regard.

2. Self-employed children. The Committee had previously noted that the HSE Regulations, which contain provisions for the employment of children in hazardous occupations, only apply to a “place of work under the control of that employer” (section 54). It had also noted the Government’s information that the Minors Contracts Act of 1969 provides protection for minors (persons under the age of 18) entering a contract for service (self-employment). The Committee had requested the Government to provide information on any steps taken or envisaged to prohibit self-employed children from performing hazardous work.

The Committee notes the NZCTU’s statement that the Government’s action is overdue on introducing an amendment to the HSE Regulations to extend their coverage to child workers who are contractors rather than employees. The NZCTU adds that the New Zealand “Work Programme on Implementation of UNCROC 2004-2008” states that an amendment would be made to the HSE Regulations to give child contractors the rights to protection as child employees. This amendment was expected to be in place by June 2005. It was then reported that the proposed amendment would be included in a larger review of the Regulations. However, to date, progress with that review has not resulted in any change to the legal protections for child contractors.

The Committee notes the Government’s information that the Department of Labour will review the HSE Regulations in order to extend such Regulations to children working as independent contractors as well as self-employed children under 16 years of age. The Committee hopes the HSE Regulations will be soon reviewed in order to cover young self-employed persons. It requests the Government to provide information on any development in this regard.

Article 5. Monitoring mechanisms. 1. Occupational safety and health service. The Committee had previously noted that the health and safety inspectors are responsible for ensuring compliance with the HSE Act of 1992 and the HSE Regulations of 1995, including the provisions regulating the employment of children.

It notes the Government’s information that, in reviewing how children and young persons are protected by the HSE Regulations, the Department of Labour intends to reinforce the application of the HSE Regulations by employers and employees including putting out general communication and reviewing departmental guidance regarding the employment of young people and the safety of young people visiting a workplace. It further notes the Government’s information that the Department of Labour intends to begin investigating workplace practices relating to persons between 16 and 18 years of age engaged in hazardous work.

The Committee notes the NZCTU’s statement that it sees the Department of Labour’s intention of investigating hazardous work practices of young persons between 16 and 18 years of age as a positive if overdue action. In this regard, the NZCTU recommends that input be sought from experts in child and youth development in order to assess the physical and psychological limits of young persons in relation to the work. The Committee notes the Government’s statement in reply to the NZCTU’s comments that it will take into account the NZCTU’s recommendation.

The Committee requests the Government to provide information on the follow-up to these measures envisaged by the Department of Labour and results achieved.

2. Child Labour Officials Advisory Committee (CLOAC). The Committee had previously noted that CLOAC was established in 2001 to raise public awareness and understanding of ILO Convention No. 182 and to encourage initiatives to identify and eliminate the worst forms of child labour. The Committee notes the Government’s information that it has been decided to replace CLOAC with a Children’s Employment Work Programme Advisory Group, which will be led by the Department of Labour. The Advisory Group will have a wider role than the CLOAC as it will cover children in all types of employment and not only the worst forms of child labour. The Advisory Group will be in charge, amongst others, of overseeing the strengthening of child workers’ protection. It will also review and respond to new issues relating to child labour, including its worst forms. The Committee requests the Government to provide information on the activities of the Children’s Employment Work Programme Advisory Group regarding children involved in the worst forms of child labour, and results achieved.

3. Prostitution Law Review Committee. The Committee had noted that the Prostitution Law Review Committee (PLR Committee) is responsible for assessing the impact of the Prostitution Reform Act (PRA) on the number of persons working as sex workers in the country, and on any prescribed matters relating to sex workers or prostitution. It had noted that the PLR Committee issued its first report in April 2005, according to which, it was estimated that there were around 200 sex workers under the age of 18 and 60 per cent of them were located in the street sector. The Committee notes the Government’s information that research for the PLR Committee’s review began in late 2006. The Ministry of Justice is currently gathering information from government agencies and territorial authorities about their responses to the PRA. Research is also being undertaken by the Christchurch School of Medicine to assess the impact of the PRA on the health and safety practices of sex workers. The research projects will investigate the extent of underage involvement in prostitution. The completed research projects will be presented by late 2007. The Committee requests the Government to provide information on the results of this research.

Article 6. Programmes of action to eliminate the worst forms of child labour. National Plan of Action Against the Commercial Sexual Exploitation of Children. The Committee had previously noted that a National Plan of Action against the Commercial Sexual Exploitation of Children (NPA against CSEC) had been approved in 2001, focusing on child prostitution, child pornography, child sex tourism and child trafficking for sexual purposes. It had noted that the New Zealander Ministry of Justice was working with ECPAT (End Child Prostitution, Pornography and Trafficking) to complete a stock-take of initiatives undertaken by the Government and NGOs under the NPA against CSEC. The Committee notes with interest that, according to the Ministry of Justice’s report of May 2006 entitled “A five-year stocktake of the steps taken by the New Zealand Government and civil society to prevent the commercial sexual exploitation of children” (NPA against CSEC’s report), a number of initiatives have been taken by various stakeholders in order to: (a) identify the causes of vulnerability and patterns of exploitation among young people experiencing commercial exploitation; (b) ensure public, political, community and awareness on commercial sexual exploitation of children (CSEC); (c) ensure that there are comprehensive laws that cover all aspects of CSEC and that such laws are enforced; (d) ensure international cooperation in prosecution of offenders and protection of children; (e) ensure that children are not victimized by the legal system; (f) reduce factors that make children vulnerable to CSEC and ensure that children are educated to protect themselves from CSEC; (g) prevent literate children from being sexually exploited, through safe Internet use policies; (h) provide health care and sex education for young people; (i) provide services to protect children from CSEC (for example by receiving and responding to reports from the public of suspected CSEC); (j) enable children who have experienced CSEC to recover and reintegrate. According to the Government, the stock-take made it clear that there has been significant progress towards the 13 objectives of the NPA against CSEC. Noting that some of these activities are still ongoing, the Committee requests the Government to continue providing information on the implementation of these activities, and results achieved.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee had previously noted the Department of Child, Youth and Family Services (CYF) funded service providers to work with children and young people who may be living or working on the streets. For example, it funded a collaborative project aimed at providing social support for young people including women prostitutes. It had also noted that a Baptist action shelter “Awhina Teina” was officially opened on 30 April 2005 and that such shelter is deliberately distanced from CYF and the police in order to encourage the young women to use it. The Committee notes the Government’s information that in Auckland an NGO, Iosis, developed a programme to rehabilitate girls engaged in sexual activity. The programme details, such as security and referral procedures, were collectively developed by Iosis, the police, CYF, New Zealand Prostitute Collective, and other interested parties. Another NGO in Auckland operates a late-night patrol in order to assist girls engaged in commercial sexual activity in various ways, including providing them with alternatives to their current lifestyles. The Committee notes that the majority of these measures were undertaken in implementing the NPA against CSEC. The Committee requests the Government to continue providing information on the measures taken in order to assist for the removal of children from the commercial sexual exploitation and for their rehabilitation and social integration. It requests the Government to provide information on the number of children under the age of 18 years who have been withdrawn from commercial sexual exploitation and rehabilitated pursuant to the implementation of the NPA against CSEC.

Article 8. International cooperation and assistance. Child sex tourism. The Committee notes the Government’s information that New Zealand engages in formal or informal cooperation with other States to combat child sex tourism. It also notes the Government’s information that the New Zealand’s International Aid and Development Agency (NZAID) in 2006–07 made contributions to various UN agencies (such as the UNFPA, UNICEF, UNHCR, UNDP) which contribute to addressing child labour issues. It notes with interest the Government’s information that since 2003 New Zealand has contributed to a number of projects regarding the worst forms of child labour. These projects target: children involved in trafficking (Cambodia, Indonesia); children working on the street (Cambodia, Tanzania); children affected by armed conflict (Papua New Guinea, Sudan); orphans and other vulnerable children (Namibia, the United Republic of Tanzania, Zimbabwe); children involved in commercial sexual exploitation (India, Philippines).

Part III of the report form. Court decisions. The Committee notes that the Government has provided one court decision regarding the making and distributing of pornographic material depicting children and young persons in sexual activity, in contravention of sections 123 and 124 of the Films, Videos and Publications Classification Act (the Films Act) of 1993. It notes the Government’s statement that the district courts have demonstrated an acceptance that child sexual abuse images are not just pictures but represent real harm to real children. It also notes that the Government has provided under Convention No. 59 four court decisions regarding the performance of hazardous work by children in breach of the HSE Act and Regulations.

Parts IV and V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that there have been 25 prosecutions under the Films Act since it was amended in 2005. Of these prosecutions, 17 resulted in penalties of imprisonment (between six months to three-and-a-half years). Moreover, as at February 2007, there have been 61 charges laid under sections 20–23 of the Prostitution Reform Act of 2003. Out of these charges, 48 were finalized and nine people have been convicted on a total of 19 charges (three of them were punished with penalties of imprisonment). Furthermore, there have been two prosecutions under the HSE Regulations and two under the HSE Act regarding the contravention of the duty of employers to ensure that young workers do not perform hazardous work. The Committee requests the Government to continue providing information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention and, in particular, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. 1. Action Plan for Human Rights. The Committee had previously noted that an Action Plan for Human Rights was being prepared and had asked the Government to provide further information on this Action Plan. The Committee notes the Government’s information that the Human Rights Commission released the Action Plan for Human Rights in March 2005. It also notes that this Action Plan has a strong focus on children’s rights and includes such issues as the elimination of poverty; education for all children and young people; social and economic equality; rights of indigenous peoples; employment and other issues. The Committee further notes that a copy of this Action Plan has been provided by the Government. It takes due note of this information.

2. New Zealand’s Agenda for Children. The Committee had previously noted that New Zealand’s Agenda for Children focused on child poverty, improving local government and community planning for children, increasing child participation as well as enhancing information, research and collaboration on child-related issues. It had asked the Government to provide further information on the impact of the Agenda on securing and prohibiting the elimination of the worst forms of child labour. The Committee notes the Government’s information that the Agenda provides a framework for all groups in society contributing to the upbringing and well being of children. The Agenda promotes a "whole child" approach to addressing children’s issues, which means:

-         focusing on the big picture, on the child’s whole life and circumstances, not just isolated issues or problems;

-         focusing from the outset on what children need for healthy development, rather than simply reacting to problems as they arise; and

-         looking across the whole public service at what can be done to support children’s healthy development, instead of looking for single-sector solutions.

The Committee takes due note of this information.

Article 3. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that the Films, Videos and Publications Classification Act of 1993 (the Films Act) prohibited the making and distribution of an objectionable publication, which is deemed to be objectionable if it promotes or supports the exploitation of children or young persons for sexual purposes. The Committee had noted the absence of definition of the terms "children" and "young persons" under the Films Act, but had noted that the Film and Literature Board of Review and the Office of Film and Literature Classification had interpreted the term "young person" as a person under 18 years of age. The Committee had requested the Government to provide a copy of the decision and to indicate whether the decision has binding effect. The Committee notes that the Government has provided a copy of the decision made by the Film and Literature Board of Review, which defines the term "child" as anyone under 18 years of age. It notes that decisions by the Film and Literature Board of Review are binding for the Classification Office in so far as those decisions are applicable to the future classification of publications. However, New Zealand courts are not bound by these decisions.

The Committee had further noted that there was no offence specifically directed at the procuring or offering of a child under 18 for the purposes of pornography in the Films Act. It had noted that 147 convictions under the Films Act had been secured since 1996. The Committee had requested the Government to indicate whether these convictions dealt specifically with the use, procuring or offering of children under 18 for the production of pornography or pornographic performances. The Committee also notes the Government’s information that none of the convictions under the Films Act dealt specifically with the use, procuring or offering of children under the age of 18 for the production of pornography or pornographic performances, because the Films Act does not regulate the use of a child in pornography. It deals with a publication which promotes or supports the sexual exploitation of a child or young person.

The Committee further notes the Government’s indication that the Crimes Act deals with the use of a child in child pornography through its sexual offence provisions. The Committee notes with interest that new section 98AA, subsection (1), paragraphs (f) and (g), of the Crimes Amendment Act No. 2 of 2005 punishes anyone who induces a person under the age of 18 years to sell, rent or give himself or herself, or induces a person to sell, rent or give another person under the age of 18 who is dependent on him or her, for the purpose of sexual exploitation. Subsection (2) of section 98AA further states that sexual exploitation includes the taking or transmission by any means of still or moving images of the person engaged in explicit sexual activities (whether real or simulated). The Committee takes due note of this information.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee had previously noted that the Misuse of Drugs Act of 1975 deals with a range of drug-related offences. However, it had observed that the Misuse of Drugs Act does not prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee had also noted that, according to section 66(1) of the Crimes Act anyone who: (i) does or omits an act for the purpose of aiding a person to commit an offence; (ii) abets any person in the commission of an offence; or (iii) incites, counsels or procures any person to commit an offence, is a party to and guilty of an offence. Noting that the production or trafficking of drugs did not constitute an offence under the Crimes Act, the Committee had requested the Government to indicate whether section 66 of the Crimes Act applied to all types of offences or only to offences laid down in the Crimes Act. The Committee notes the Government’s information that the Misuse of Drugs Act prohibits the production and trafficking of drugs in a general sense which includes any involvement or association with these activities. This includes the use, procuring or offering of a child in the production and trafficking of drugs. The Committee also notes that section 66 of the Crimes Act applies to all offences, not just to those in the Crimes Act. The Committee takes due note of this information.

Article 3(d). 1. General prohibition to perform hazardous work. The Committee had previously noted that, by virtue of section 54(d) of the Health and Safety in Employment Regulations of 1995, "every employer shall take all practicable steps to ensure that no employee under the age of 15 works in any area at a place of work under the control of that employer […] at any time when any work is being carried out in that area that is likely to cause harm to the health and safety of a person under the age of 15 years". It had noted that the prohibition did not extend to children under 18 years of age. Recalling that, by virtue of Article 3(d) of the Convention, children under 18 years of age shall not undertake work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals, the Committee had requested the Government to take the necessary measures in this regard. The Committee notes that the Government intends to review the Health and Safety in Employment Regulations in order to increase the restriction on hazardous work to 18 years of age. The Committee asks the Government to keep it informed on the progress made in the revision of the Health and Safety in Employment Regulations and to provide a copy thereof once they have been revised.

2. Self-employed children. The Committee had previously noted that the Health and Safety in Employment Regulations, which provides provision for the employment of children in hazardous occupations, only applies to a "place of work under the control of that employer" (section 54). The Committee had accordingly requested the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee notes the Government’s information that the Minors Contracts Act of 1969 provides protection for minors (persons under the age of 18) entering a contract for service (self-employment). If the consideration for a minor’s act is so inadequate as to be unconscionable, or if any contractual obligation is harsh or oppressive, the Court may vary or cancel the contract or order compensation. The Committee also notes that these provisions have yet to be interpreted by the courts in light of the protection available under the Employment Relations Act. It asks the Government to keep it informed on any court decisions made in this regard. The Committee notes that the Act may provide some protection against the exploitation of minors. It nevertheless requests the Government to supply it with information on any steps taken or envisaged to prohibit persons entering into contracts of service with minors to perform hazardous work.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that national legislation or regulations do not provide for a list of the types of hazardous work that shall not be performed by children under 18 years of age. The Committee had reminded the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee had hoped that the list of the types of hazardous work prohibited to children under the age of 18 would be adopted shortly and had requested the Government to inform it of any developments in this regard. The Committee notes the Government’s indication that the types of hazardous work described in Paragraph 3 of Recommendation No. 190 are covered by the Health and Safety in Employment Regulations, but only to those aged under 15 or 16 years. It also notes that the Government intends to review the Health and Safety in Employment Regulations, including the provisions concerning the employment of children. As a part of this process, it will give consideration to further defining the categories of hazardous work and increasing the restriction on such work to 18 years of age. The Committee hopes that the Health and Safety in Employment Regulations will soon be revised and requests the Government to inform it of any progress made in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee had asked the Government to provide information on the methods used to identify, in collaboration with the organizations of employers and workers concerned, where the types of hazardous work exist, as required by Article 4, paragraph 2, of the Convention. The Committee notes the Government’s information that the Health and Safety Inspectorate, in carrying out its duties, responds appropriately where ongoing risks are identified in a working environment. Where new health or safety risks are identified, guidelines and regulations will be developed through processes that involve the Government, the employers’ and the workers’ organizations. The Committee also notes that the Workplace Health and Safety Strategy for New Zealand to 2015 was released on June 2005. This strategy has identified eight national priorities for action, which include major hazards or groups with particular needs: airborne substances; workplace vehicles; manual handling; ships, trips and falls; psychosocial work factors; vulnerable workers; small businesses; and high-risk industries. Young employees are identified as one of these priority groups with particular needs. The Committee takes due note of this information.

Article 5. Monitoring mechanisms. 1. Occupational Safety and Health Service. The Committee had previously noted that the health and safety inspectors are responsible for ensuring compliance with the Health and Safety in Employment Act of 1992 and the Health and Safety in Employment Regulations of 1995, including the provision regulating the employment of children. The Committee had also noted that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/93/Add.4, 12 March 2003, paragraph 943), the Occupational Safety and Health Service had consulted various government agencies and industry training organizations to identify accidents and injuries young workers are suffering from. The Committee had asked the Government to provide a copy of the statistics on accidents and injuries affecting young workers, as well as the results of the inspections with regard to the number of children involved in hazardous work. The Committee notes that the Government has provided statistics, according to which, during the reporting period (July 2003-April 2005) work related entitlement claims for moderate to serious injuries were made by approximately 1,260 young workers. The majority of these (1,240) were for young workers aged 15-17. The Committee also notes that the Workplace Health and Safety Inspectorate has observed that there is a high level of compliance with the legislative requirements in this area in New Zealand.

2. Child prostitution inspection. The Committee had previously noted that, by virtue of section 26 of the Prostitution Reform Act of 2003, an inspector may, at any reasonable time, enter premises for the purpose of carrying out an inspection if there are reasonable grounds to believe that a business of prostitution is being carried on in the premises. According to section 30(1) of the Prostitution Reform Act, a District Court Judge, justice, community magistrate, or registrar of the District Court may issue a warrant for the police to enter a place if satisfied that there is good cause to suspect that an offence under section 23 of the Prostitution Reform Act (using persons under 18 years in prostitution) is likely to be committed. The Committee had asked the Government to provide information on the number of investigations conducted with regard to child prostitution and the findings. The Committee notes the Government’s information that five people have been convicted since June 2003 for offences in terms of the Prostitution Reform Act.

3. Prostitution Law Review Committee. The Committee had previously observed that section 42(1)(b) of the Prostitution Reform Act provides that the Prostitution Law Review Committee is responsible for assessing the impact of the Act on the number of persons working as sex workers in the country, and on any prescribed matters relating to sex workers or prostitution. It shall also assess the nature and adequacy of the means available to assist persons to avoid or cease working as sex workers. Such assessment shall be made no sooner than the expiry of three years but before the expiry of five years, after the commencement of the Prostitution Reform Act of 2003. The Committee had requested the Government to provide information on the impact of this Act on the elimination of the sexual exploitation of children under 18 years of age. The Committee notes that the Prostitution Law Review Committee issued its first report in April 2005, which provides baseline information on the number of sex workers and businesses by districts and sectors (licensed massage parlours, rap/escort parlours, escort agencies, private workers, street workers and ship workers). According to this report, it was estimated that there were around 200 sex workers under the age of 18 and 60 per cent of them were located in the street sector. The Committee also notes the Government’s information that the second report will assist in providing information on the operation of the Act and its impact on the number of sex workers under the age of 18. The Committee requests the Government to keep it informed on the activities of the Prostitution Law Review Committee.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action Against the Commercial Sexual Exploitation of Children. The Committee had previously noted that a National Plan of Action Against the Commercial Sexual Exploitation of Children had been approved in 2001. It focuses on child prostitution, child pornography, child sex tourism and child trafficking for sexual purposes. The Committee had also observed that several activities were being undertaken to implement this plan of action such as: (i) action to research the incidence and extent of child prostitution in New Zealand; (ii) producing regular updates on the situation of the commercial sexual exploitation of children; (iii) awareness raising; and (iv) training for people working with sexually abused children. The Committee had asked the Government to continue to provide information on the concrete measures taken under this plan of action and the results achieved. The Committee notes the Government’s indication that the Ministry of Justice is currently working with ECPAT (End Child Prostitution, Pornography and Trafficking) to complete a stock-take of initiatives undertaken by the Government and NGOs under the plan of action. This information will be supplied in the Government’s next report. The Committee therefore requests the Government to supply information in this regard.

2. Child Labour Officials Advisory Committee (CLOAC). The Committee had previously noted that CLOAC was established in 2001 to raise public awareness and understanding of ILO Convention No. 182 and to encourage initiatives to identify and eliminate the worst forms of child labour. The Committee had asked the Government to provide further information on the activities of CLOAC and their impact on eliminating the worst forms of child labour. The Committee notes the Government’s information that the Department of Labour, responsible for administering CLOAC, is currently re-examining the role of CLOAC. The Government will provide information on the outcome of this review in its next report. The Committee therefore asks the Government to provide information in this regard in its next report.

Article 7, paragraph 1. Penalties. The Committee had previously noted the penalties for the violation of provisions prohibiting the worst forms of child labour, provided in sections 98(1) and 144(C) of the Crimes Act, and in sections 20, 21, 22(1), 22(2) and 23(1) of the Prostitution Reform Act. It had also noted the penalties for the employment of children in hazardous types of work set out in sections 54(d) and 70 of the Health and Safety in Employment Regulations and section 50 of the Health and Safety in Employment Act. It had requested the Government to provide information on the penalties imposed in practice. The Committee had also observed that, according to section 123 of the Films Act, a person who makes, supplies or delivers objectionable publication (including child pornography) is liable to a maximum fine of US$5,000. The Committee had noted the Government’s indication that it was intended to introduce a new bill to substantially increase the penalties. The Committee had asked the Government to indicate whether a new bill had been enacted to ensure that the penalties imposed for making, supplying or delivering objectionable publications, including child pornography, are dissuasive.

The Committee notes the Government’s information that the Film, Videos and Publications Amendment Act was enacted in 2005. The maximum penalty for committing offences under this Act is a maximum term of ten years’ imprisonment. These offences are supplemented by an amendment to the Customs and Excise Act 1996 which made importing and exporting of objectionable materials punishable by a maximum penalty of five years’ imprisonment. The Committee also notes the Government’s information that the Crimes Amendment Act of 2005 introduced a new offence which makes "dealing in people under the age of 18 for sexual exploitation, removal of body parts, or forced labour" punishable by a maximum 14 years’ imprisonment. As regards the application of the penalties in practice, the Committee notes that there have been two prosecutions for the violation of the Health and Safety in Employment Regulations. The Committee requests the Government to continue to provide information on the application in practice of all the abovementioned provisions.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee had previously noted that sections 39 to 45 of the Children, Young Persons and Their Families Act, 1989, provides that if a child or young person’s employment activity is detrimental to their well-being, the police (after obtaining a warrant from a judge) is able to remove them and the Family Court may place them in the custody of the Director-General of Child, Youth and Family. It had asked the Government to provide concrete examples of children under 18 years removed from the worst forms of child labour. The Committee had also observed that a Child and Young Person’s Prostitution Programme had been launched. The Programme provides timely and appropriate responses to the mental, physical, social and spiritual needs of targeted children and young persons. The Committee had requested the Government to provide information on the number of child prostitutes withdrawn and rehabilitated pursuant to the Child and Young Person’s Prostitution Programme.

The Committee notes the Government’s information that Child, Youth and Family (CYF) is a government agency responsible for the care and protection of children believed to be at risk because they are experiencing (or are likely to experience) such things as: physical or sexual abuse; violence and conflict between their caregivers; emotional and physical neglect; mistreatment from caregivers. Children placed in care may also have been engaged in the worst forms of child labour, but it is not recorded as such for statistical purposes. The Committee also notes that CYF funds service providers to work with children and young people who may be living or working on the streets. For example, CYF funds a collaborative project managed by Waipuna and Christchurch City missions which involves providing social support for young people including women prostitutes. The Committee further notes the Government’s information that a Baptist Action shelter "Awhina Teina" was officially opened on 30 April 2005. The shelter is deliberately distanced from CYF and the Police in order to encourage the young women to use it. The Committee once again requests the Government to provide information on the number of prostitutes under the age of 18 years who have been withdrawn and rehabilitated pursuant to the Child and Young Person’s Prostitution Programme.

Clause (d). Identifying and reaching out to children at special risk. Māori children. The Committee had previously noted that Māori children are over represented among child prostitutes since the risk factors that give rise to children becoming involved in prostitution are more common among Māori families. It had noted that programmes provided by Māori on the basis of Māori values are those likely to be most effective, for example the programme provided by Te Aronga Hou Trust. The Committee had requested the Government to continue to provide information on the concrete measures taken under the Te Aronga Hou Trust Programme and the results achieved in preventing and eliminating child prostitution among Māori children under 18 years of age. The Committee notes the Government’s information that Te Aronga Hou (TAH) works with Māori youth at risk in Mangere (South Auckland) who are soliciting in the streets of South Auckland. TAH is presently under the governance and management of Mangere East Family Service Centre, South Auckland. TAH reported approximately 300 contacts in the first nine months of the 2004-05 financial year. This is however no reflection of the actual numbers of underage individuals engaged in prostitution as "contacts" could include the same young person every night. The Committee asks the Government to continue to provide information on effective and time-bound measures taken to prevent and eliminate child prostitution among Māori children.

Clause (e). Take account of the special situation of girls. The Committee had previously requested the Government to provide information on the measures taken to address specifically the situation of girls in sectors of the economy or activities where they are more likely to be exploited than boys. The Committee notes the Government’s indication that the New Zealand Government recognizes that, in particular, underage prostitution in New Zealand is more likely to result in the exploitation of girls than boys. It also notes that several initiatives specifically target young girls in order to eliminate this worst form of child labour. For example, an Auckland group, Baptist Action, has agreed to finance and pilot a 12-month venture to provide emergency accommodation for girls engaged in commercial sexual activity. The Committee asks the Government to continue to provide information on effective and time-bound measures taken to address specifically the situation of girls.

Article 8. International cooperation and assistance. Child sex tourism. The Committee had observed that the Government is engaged in combating child sex tourism. The country participates in a number of international and regional tourism organizations, including Pacific Asia Travel Association, International Air Transport Association, and World Tourism Organization. It had also noted that according to New Zealand’s National Plan of Action Against the Sexual Exploitation of Children, " New Zealand needs to continue building cooperative relationships with other countries, such as Thailand, the Philippines and Fiji, where there have been reports of New Zealanders engaging in child sex tourism". The Committee had requested the Government to continue to provide information on the measures of cooperation taken to combat child sex tourism. The Committee notes the Government’s information that the Crimes Amendment Act of 2004 provides that section 144A "Sexual conduct with children and young people outside New Zealand" applies to offences in the Prostitution Reform Act of 2003. However, the Committee notes the absence of information on the measures of cooperation with other countries taken to combat child sex tourism. It once again requests the Government to provide information in this regard.

Part III of the report form. Court decisions. The Committee had previously asked the Government to supply any court decisions regarding the legislation relevant to the application of the Convention. The Committee notes that the Government has provided a court decision relevant to the underage prostitution offence under the Prostitution Reform Act.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes the Government’s indication that the main difficulty in the application of the Convention in New Zealand is the clandestine nature of the worst forms of child labour. It also notes that the Government has provided a copy of the research conducted in 2004 by ECPAT on the extent of the commercial sexual exploitation of children in New Zealand. The research explores the incidence of violence and childhood sexual abuse among people who became involved in underage commercial sexual activity. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including extracts from inspection reports, information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s first report, and of the communication of the International Confederation of Free Trade Unions (ICFTU) dated 25 June 2003. It also notes Business New Zealand’s comments dated 29 August 2003 regarding the Government’s report. The Committee requests the Government to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. 1. Action Plan for Human Rights. The Committee notes the Government’s indication that the Human Rights Commission is preparing an Action Plan for Human Rights that will focus on children’s rights and will identify strategies or actions to implement international standards relating to children’s rights. The Committee asks the Government to provide further information on the Action Plan for Human Rights, especially on the measures taken there under to secure the prohibition and elimination of the worst forms of child labour.

2. New Zealand’s Agenda for Children. The Committee notes the Government’s indication that New Zealand’s Agenda for Children is a Government strategy aimed at improving the lives of children. New Zealand’s Agenda for Children focuses on child poverty, improving local government and community planning for children, increasing child participation as well as enhancing information, research and collaboration on child-related issues. The Committee asks the Government to provide further information on the impact of New Zealand’s Agenda for Children on securing and prohibiting the elimination of the worst forms of child labour.

Article 3. The worst forms of child labour. Clause (a). 1. All forms of slavery or practices similar to slavery. The Committee notes that, by virtue of section 98(1) of the Crimes Act of 1961 (as amended in 2002), a person who, within or outside New Zealand: (a) sells, purchases, transfers, barters, lets, hires, or in any way whatsoever deals with any person as a slave; (b) employs or uses any person as a slave, or permits any person to be so employed or used; (c) detains, confines, imprisons, carries away, removes, receives, transports, imports, or brings into any place whatsoever any person as a slave or to be dealt with as a slave; or (d) induces any person to sell, let or give himself, or any other person dependent on him, or in his charge, as a slave, commits a criminal offence.

2. Trafficking of children. The Committee notes that section 98(1)(i) of the Crimes Act, specifically prohibits a parent or guardian of any child under 18 to deliver that child to another person, within or outside New Zealand, with intent that the child or his labour shall be exploited. It also notes that, according to section 98(D) of the Crimes Act, it is a criminal offence to: (a) arrange the entry of a person into New Zealand or any other state by one or more acts of coercion against the person, one or more acts of deception of the person, or both; or (b) to arrange, organize, or procure the reception, concealment, or harbouring in New Zealand or any other state of a person, knowing that the person’s entry into New Zealand or that state was arranged by one or more acts of coercion against the person, one or more acts of deception, or both. The Committee notes that, according to section 98(E)(2)(a) of the Crimes Act, when determining the sentence, a court must take into account whether the person in respect of whom the offence was committed was subjected to exploitation (for example, sexual exploitation, a requirement to undertake forced labour, or the removal of organs) as a result of the commission of an offence. The court, when determining the sentence, shall also consider the age of the person in respect of whom the offence was committed and, in particular, whether the person was under the age of 18 years (section 98(E)(2)(b) of the Crimes Act).

2. Debt bondage and serfdom. The Committee observes that, according to section 98(1)(e) of the Crimes Act, it is a criminal offence to induce a person to sell, let or give any other person into debt bondage or serfdom. It also notes that, according to section 98(2) of the Crimes Act, the term "debt bondage" means the status or condition arising from a pledge by a debtor of his personal services, or of the personal services of any person under his control, as security for a debt, if the value of those services, as reasonably assessed, is not applied towards the liquidation of the debt or if the length and nature of those services are not limited and defined; and "serfdom" means the status or condition of a tenant who is by any law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to that other person, whether for reward or not, and who is not free to change that status or condition.

3. Compulsory recruitment of children for use in armed conflict. The Committee takes note of the Government’s indications to the Committee on the Rights of the Child (CRC/C/93/Add.4, 12 March 2003, paragraph 863) that all recruitment in the New Zealand Defence Force is voluntary. The Committee also notes that, by virtue of section 36(1) and (2) of the Defence Act of 1990, a person under 18 years of age shall not, unless he/she is or has been married, be eligible to enlist or be accepted for service in the armed forces if a parent, a testamentary or court-appointed guardian, or a court objects. It further notes that every application, by a person under 18 years of age who is not or has not been married for enlistment in the armed forces, shall be accompanied by the written consent of one parent (or legal guardian) and a written acknowledgment by the person giving the consent that he/she is aware that the person enlisting will be liable for active service at any time after that person attains the age of 18 years (section 36(4) of the Defence Act 1990).

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee observes that, by virtue of section 149 of the Crimes Act, a person who, for gain or reward, procures or agrees or offers to procure any person under the age of 18 years for the purposes of prostitution, commits a criminal offence. The Committee notes the Government’s indication that the Prostitution Reform Act was enacted in June 2003 to create a framework that specifically prohibits the use of persons under 18 years of age for prostitution. Section 20 of the Prostitution Reform Act states that no one may assist persons under 18 years in providing commercial sexual services or cause, assist, facilitate, or encourage persons under 18 years of age to provide commercial sexual services to any person. It is also an offence to receive earnings from commercial sexual services provided by persons under 18 years (section 21 of Prostitution Reform Act). The Committee also observes that it is prohibited to: (i) enter into a contract or other arrangement under which a person under 18 years of age is to provide commercial sexual services to or for that person or another person (section 22(1) of the Prostitution Reform Act); or (ii) to receive commercial sexual services from a person under 18 years of age (section 22(2) of the Prostitution Reform Act).

The Committee notes that, by virtue of section 144(C) of the Crimes Act, it is an offence to: (a) make or organize any travel arrangements for or on behalf of any other person with the intention of facilitating the commission by that other person of an offence against section 144(A) of this Act (i.e. sexual intercourse or indecency with persons under 16), whether or not such an offence is actually committed by that other person; (b) transport any other person to a place outside New Zealand with the intention of facilitating the commission by that other person of an offence against section 144(A) of this Act; or (c) print or publish any information that is intended to promote conduct that would constitute an offence against section 144(A) of this Act, or to assist any other person to engage in such conduct. The making or organizing of travel arrangements includes the purchase or reservation of tickets for travel to a country outside new Zealand, as well as the purchase or reservation of accommodation in a country outside New Zealand. The Committee notes the Government’s indication that there have been no convictions under section 144(C) of the Crimes Act.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that, according to section 123(1) of the Films, Videos and Publications Classification Act of 1993 (hereinafter referred to as the Films Act), it is prohibited to make, supply, distribute, display, advertise or deliver an objectionable publication. The term "publication" includes any film, book, picture, photograph, or newspaper (section 2 of the Films Act). According to section 3(1) of the Films Act of 1993, a publication is objectionable if it describes, depicts, expresses, or otherwise deals with matters such as sex, horror, crime, cruelty, or violence in such a manner that the availability of the publication is likely to be injurious to the public good. Subsection (2)(a) of section 3 of the Films Act further states that a publication shall be deemed to be objectionable for the purposes of this Act if the publication promotes or supports, or tends to promote or support the exploitation of children, or young persons, or both, for sexual purposes. Section 3(3) of the Films Act states that in determining whether or not a publication is objectionable, particular weight shall be given to the extent and degree to which, and the manner in which, the publication describes, depicts or otherwise deals with sexual conduct with or by children, or young persons; exploits the nudity of children or/and young persons. The Committee notes the absence of definition of the terms "children" and "young persons" under the Films Act. However, it notes that, according to New Zealand’s National Plan of Action Against the Commercial Sexual Exploitation of Children (pages 9-10), the Film and Literature Board of Review and the Office of Film and Literature Classification have interpreted the term "young person" as persons under 18 years of age. The Committee accordingly requests the Government to provide a copy of the decision made by the Film and Literature Board of Review and the Office of Film and Literature Classification, and to indicate whether such a decision has binding effect.

The Committee further notes that there is no offence specifically directed at the procuring or offering of a child under 18 for the purposes of pornography in the Films Act. It nevertheless observes that section 66(1) of the Crimes Act states that anyone who abets, incites, counsels or procures any person to commit an offence is a party to and guilty of an offence. The Committee further notes the Government’s indication that 147 convictions under the Films Act have been secured relating to objectionable material (predominantly for child pornography) since 1996. The Committee requests the Government to indicate whether the convictions under the Films Act dealt specifically with the use, procuring or offering of children under 18 for the production of pornography or pornographic performances and the penalties imposed.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee notes that, by virtue of section 6 of the Misuse of Drugs Act of 1975, no person shall produce, manufacture, supply, administer, or sell controlled drugs. According to section 7 of the aforementioned Act, it is also prohibited to procure, possess or use any controlled drug. The Committee observes nevertheless that the Misuse of Drugs Act of 1975 does not prohibit the use, procuring or offering of a child for the production and trafficking of drugs.

The Committee notes the Government’s indication that, according to section 66(1) of the Crimes Act anyone who: (i) does or omits an act for the purpose of aiding a person to commit an offence; (ii) abets any person in the commission of an offence; or (iii) incites, counsels or procures any person to commit an offence, is a party to and guilty of an offence. Noting that the production or trafficking of drugs does not constitute an offence under the Crimes Act, the Committee requests the Government to indicate whether section 66 of the Crimes Act applies to all types of offences or only to offences laid down in the Crimes Act.

Clause (d). Hazardous work. The Committee notes the Government’s indication that the Health and Safety in Employment Act of 1992 promotes the prevention of harm to all persons at work regardless of age. Under section 6 of the Health and Safety in Employment Act of 1992, employers have a duty to "take all practicable steps to ensure the safety of employees while at work". The Government further states that employees may refuse to perform work likely to cause serious harm (section 28(A) of the Health and Safety in Employment of 1992). "Harm" is defined in section 2 of the Act to mean "illness, injury, or both, and includes physical or mental harm caused by work related stress". The Committee also notes that, by virtue of section 54(d) of the Health and Safety in Employment Regulations of 1995, "every employer shall take all practicable steps to ensure that no employee under the age of 15 works in any area at a place of work under the control of that employer […] at any time when any work is being carried out in that area that is likely to cause harm to the health and safety of a person under the age of 15 years". The Committee consequently notes that it is not prohibited for children under 18 years of age to undertake hazardous work. The Committee reminds the Government that, by virtue of Article 3(d) of the Convention, children under 18 years of age shall not undertake work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee requests the Government to take the necessary measures to ensure that no persons under 18 years of age undertake work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Self-employed children. The Committee notes that the Health and Safety in Employment Regulations, which provides provision for the employment of children in hazardous occupations, only applies to "place of work under the control of that employer" (section 54). The Committee consequently notes that self-employed workers do not benefit from the protection laid down in the Health and Safety in Employment Act. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure the protection of self-employed workers under 18 years of age from work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee takes note of the comments made by the ICFTU, in its communication dated 6 May 2003, concerning the minimum age of 15 or 16 years for admission to employment in certain dangerous occupations such as forestry and mining. It observes that the Health and Safety in Employment Regulations 1995 stipulate that certain hazardous tasks, such as construction work and lifting weights likely to be injurious to health, shall not be performed by children under 15 years of age. It further observes that, by virtue of section 161 of the Sale of Liquor Act of 1989, it is prohibited to employ a person under 18 years of age in any capacity in any restricted area on the licensed premises while that area is open for the sale of liquor. However, the Committee notes that national legislation or regulations do not provide for a list of the types of hazardous work that shall not be performed by children under 18 years of age.

The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee hopes that the list of the types of hazardous work that shall not be performed by children under 18 years of age, will be adopted shortly, in consultation with the organizations of employers and workers concerned. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to inform it of any developments in this regard.

Article 4, paragraph 2. Identification of hazardous work. The Committee notes the Government’s indication that convictions and prosecutions assist n identifying types of work which are likely to harm the health, safety or morals of children under 18. The Committee notes however that the review of convictions and prosecutions as a means to identify hazardous work does not include collaboration with the organizations of employers and the organizations of workers, as required under Article 4, paragraph 2, of the Convention. The Committee accordingly asks the Government to provide information on the methods used to identify, in collaboration with the organizations of employers and workers concerned, where the types of hazardous work exist.

Article 5. Monitoring mechanisms. 1. Department of Labour’s Occupational Safety and Health Service. The Committee notes the Government’s indication that the health and safety inspectors are responsible for ensuring compliance with the Health and Safety in Employment Act of 1992 and the Health and Safety in Employment Regulations of 1995, including the provision regulating the employment of children. The Government states that from January 2002 to June 2002, health and safety inspectors conducted 10,000 compliance assessment visits and 11,000 visits in response to notifications received. health and safety inspectors also provide information to promote heath and safety at work. According to the Government’s report and the communication of the Business New Zealand of August 2003, there have been no prosecutions under the Health and Safety in Employment Act and Regulations for employing young people in work that is likely to harm their health and safety. The Committee also notes that according to the Government’s report to the Committee on the Rights of the Child (CRC/C/93/Add.4, 12 March 2003, paragraph 943), the Occupational Safety and Health Service has consulted various government agencies and industry training organizations to identify accidents and injuries young workers are suffering from. The Committee accordingly asks the Government to provide a copy of the statistics on accidents and injuries affecting young workers. It also requests the Government to provide information on the results of the inspections with regard to the number of children involved in hazardous work and the types of work performed.

2. Child prostitution inspection. The Committee notes that, by virtue of section 26 of the Prostitution Reform Act of 2003, an inspector may, at any reasonable time, enter premises for the purpose of carrying out an inspection if he/she has reasonable grounds to believe that a business of prostitution is being carried on in the premises. For the purposes of inspections, the inspector may take photographs and question the owner of the brothel, sex workers or clients. According to section 30(1) of the Prostitution Reform Act, a District Court judge, justice, community magistrate, or registrar of the District Court may issue a warrant for the police to enter a place if he/she is satisfied that there is good cause to suspect that an offence under section 23 of the Prostitution Reform Act (using persons under 18 years in prostitution) is likely to be committed, and that there are reasonable grounds to believe that it is necessary for a member of the police to enter the place to prevent the commission or repetition of that offence or to investigate that offence. The warrant authorizes the person executing it to enter (including with the use of force) and search the place stated in the warrant, at any time of the day or night, search for and seize any property that will be evidence of the commission of an offence in respect of which the warrant is issued (section 32 of the Prostitution Reform Act). The Committee asks the Government to provide information on the number of investigations conducted with regard to child prostitution and the findings.

3. The Prostitution Law Review Committee. The Committee observes that section 42(1)(b) of the Prostitution Reform Act provides that the Prostitution Law Review Committee is responsible for assessing the impact of the Act on the number of persons working as sex workers in the country, and on any prescribed matters relating to sex workers or prostitution. It shall also assess the nature and adequacy of the means available to assist persons to avoid or cease working as sex workers. Such assessment shall be made no sooner than the expiry of three years but before the expiry of five years, after the commencement of the Prostitution Reform Act of 2003. The Committee requests the Government to provide information on the impact of this Act on the elimination of the sexual exploitation of children under 18 years of age.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. National Plan of Action Against the Commercial Sexual Exploitation of Children. The Committee notes the Government’s indication that governmental agencies, key-non-governmental organizations and community groups, including the Ministry of Justice, the Department of Child, Youth and Family Services, the New Zealand police, the Department of Internal Affairs, End Child Prostitution, Pornography and Trafficking (ECPAT), the New Zealand Prostitutes’ Collective and the Human Rights Commission, worked together to develop a National Plan of Action Against the Commercial Sexual Exploitation of Children. The Plan, which was approved in 2001, focuses on the four main activities that exploit children for their commercial value: child prostitution; child pornography; child sex tourism; and child trafficking for sexual purposes. The Committee observes that several activities are being undertaken to implement the National Plan of Action Against the Commercial Sexual Exploitation of Children such as: (i) action to research the incidence and extent of child prostitution in New Zealand; (ii) producing regular updates on the situation of the commercial sexual exploitation of children; (iii) awareness raising; or (v) training for people working with sexually abused children. The Committee asks the Government to continue to provide information on the concrete measures taken under the National Plan of Action Against the Commercial Sexual Exploitation of Children and the results achieved.

2. Child Labour Officials Advisory Committee (CLOAC). The Committee notes the Government’s indication that CLOAC was established in 2001 to raise public awareness and understanding of ILO Convention No. 182 and to encourage initiatives to identify and eliminate the worst forms of child labour. The CLOAC is involved in the following activities: (i) creation of a web site concerning Convention No. 182; (ii) distribution of 100 copies of "Eliminating the worst forms of child labour"; (iii) publicizing the Convention in the Ministry of Foreign Affairs’ Human Rights Division newsletter; (iv) incorporation of information on the protections offered by the Convention in the programme of the police entitled "Keeping ourselves safe" which is run through schools in New Zealand; (v) contacting non-governmental agencies and inviting them to provide data on people aged under 18 years and involved in one of the worst forms of child labour, as well as information on their experience of programmes of action, and rehabilitation undertaken to assist young people who have experience of worst forms of child labour; and (vi) developing information sharing and consultation mechanisms with social partners, other interested agencies (e.g. Human Rights Commission, Office of the Commissioner for children and other non-governmental agencies) through six monthly meetings. The Committee asks the Government to continue to provide information on the activities of CLOAC and their impact on eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that section 98(1) of the Crimes Act states that a person who, within or outside New Zealand, sells, purchases, transfers, barters, lets, hires, employs, uses or detains a person as a slave is liable to 14 years’ imprisonment. It also notes that, according to sections 20 and 23(1) of the Prostitution Reform Act, a person who assists persons under 18 years in providing commercial sexual services or causes, assists, facilitates, or encourages a person under 18 years of age to provide commercial sexual services to any person is liable to imprisonment for up to seven years. The same penalties will apply to a person who receives earnings from commercial sexual services provided by persons under 18 years (sections 21 and 23(1) of the Prostitution Reform Act). A person who: (i) enters into a contract or other arrangement under which a person under 18 years of age is to provide commercial sexual services to or for that person or another person; (ii) or receives commercial sexual services from a person under 18 years of age is liable to seven years’ imprisonment (sections 22(1) and (2), and 23(1) of the Prostitution Reform Act). The Committee observes that a person who organizes or promotes child sex tourism is liable to seven years’ imprisonment (section 144(C) of the Crimes Act).

The Committee also observes that, according to section 123 of the Films Act, a person who makes, supplies or delivers objectionable publication (including child pornography) is liable to a maximum fine of $5,000. The Committee notes the Government’s indication that the Minister of Justice announced, in 2003, his intention to introduce a new bill to substantially increase the penalties for producing, trading and possessing objectionable material (including child pornography). The Committee asks the Government to indicate whether a new bill was enacted to ensure that the penalties imposed for making, supplying or delivering objectionable publications, including child pornography, are dissuasive.

The Committee further observes that an employer who does not take all practicable steps to ensure that an employee under the age of 15 does not carry out work that is likely to cause harm to his/her health and safety is liable to a maximum fine of $250,000 (sections 54(d) and 70 of the Health and Safety in Employment Regulations of 1995, read in conjunction with section 50 of the Health and Safety in Employment Act, 1992). The Committee requests the Government to provide information on the penalties imposed in practice.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes the Government’s indication that the "Keeping ourselves safe" programme is in place in primary and secondary schools to help students understand the legislation relating to abuse and harassment. It aims at providing children with the necessary skills to cope with different situations which might involve abuse. The Government further indicates that the programme incorporates information on the protections offered by Convention No. 182.

The Committee observes that, by virtue of section 3 of the Education Act of 1989 (as amended in 2004), education is free for nationals aged 5 to 19 years. Non-nationals shall obtain the Education Board’s consent and pay tuition fees to the Board. Section 20 of the Education Act states that education is compulsory for New Zealand citizens and residents aged 6 to 16 years. The Committee also observes that section 30 of the Education Act prohibits the employment of children under 16 years of age during school hours or if the employment interferes with the person’s attendance at school.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. The Committee notes the Government’s indication that sections 39 to 45 of the Children, Young Persons and Their Families Act, 1989, provides that if a child or young person’s employment activity is detrimental to their well-being, the police (after obtaining a warrant from a judge) are able to remove them and the Family Court may place them in the custody of the Director-General of Child Youth and Family. The Committee notes that according to the Children, Young Persons and Their Families Act of 1989 provided by the Government, this law addresses the "the well-being of families and the well-being of children and young persons as members of families". The Committee notes after a thorough examination of the law, that the reference to children or young persons who are "suffering, or likely to suffer, ill-treated, suffering serious neglect, abused, seriously deprived, or seriously harmed" (for instance under section 40 of the Act) do not appear to cover the professional sphere. The Committee consequently asks the Government to provide concrete examples of children under 18 years removed from the worst forms of child labour.

The Committee observes that a Child and Young Person’s Prostitution Programme, funded by the Department of Internal Affairs, was launched by the New Zealand Prostitutes Collective Charitable Trust and the Youth Health Trust. The Programme provides timely and appropriate responses to the mental, physical, social and spiritual needs of targeted children and young persons. The Committee requests the Government to provide information on the number of child prostitutes withdrawn and rehabilitated pursuant to the Child and Young Person’s Prostitution Programme.

Clause (d). Identifying and reaching out to children at special risk. Māori children. The Committee notes that, according to New Zealand’s National Plan of Action Against the Commercial Sexual Exploitation of Children, Māori children are over-represented among child prostitutes since the risk factors that give rise to children becoming involved in prostitution are more common among Māori families. The Committee notes that programmes provided by Māori on the basis of Māori values are those likely to be most effective. An example of this is the programme provided by Te Aronga Hou Trust; it includes services to the young prostitutes working in the streets of Counties-Manukau, a mobile service that provides information, advice and support to child prostitutes, as well as a knowledge of training services which provides for personal development and vocational rehabilitation. The programme received funding to continue its work from 2001 to 2004. The Committee requests the Government to continue to provide information on the concrete measures taken under the Te Aronga Hou Trust Programme and the results achieved in preventing and eliminating child prostitution among Māori children under 18 years of age.

Clause (e). The special situation of girls. The Committee notes the Government’s indication that national programmes related to the worst forms of child labour are aimed at all children, including girls. However, the Committee draws the Government’s attention on the fact that, under Article 7, paragraph 2(e), of the Convention, the Government shall take time-bound measures to take account of the special situation of girls. The Committee accordingly requests the Government to provide information on the measures taken to address specifically the situation of girls in sectors of the economy or activities where they are more likely to be exploited than boys.

Article 8. 1. International cooperation. The Committee notes that New Zealand is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also observes that the Government ratified the Convention on the Rights of the Child in 1993, the Optional Protocol on the Involvement of Children in Armed Conflict in 2002, and signed the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography in 2000. The Committee also notes that the Government supports Save the Children Fund, that aims at reducing the incidence and exploitative forms of child work through increased participation of civil society worldwide. The Government also supports various International Organizations that promote and protect child rights.

2. Regional cooperation. The Committee notes the Government’s indication that New Zealand’s International Aid and Development Agency (NZAID), which is a semi autonomous agency within the Ministry of Foreign Affairs and Trade, was established in July 2002. The core geographical focus of NZAID is primarily the Pacific and secondly Asia (the current second major geographical focus), where child labour issues are prominent. The Committee notes for instance that NZAID funded an IPEC workshop for selected Pacific states held in Fiji in November 2002 on ratification and reporting on Convention 182. With regard to Asia, NZAID provides support: (i) in Asia, to the Christian World Service, which provides support to female children and adolescents who are at serious risk in the streets and slums and to lobby for children’s rights, including child labour rights; (ii) in Indonesia, to the Christian World Service, that organizes communities in 35 regions for effective social action, protection of human rights and child rights in sustainable agriculture and food security; (iii) in Sri Lanka, to the Christian World Service programme that focuses on improving the social economic, physical and legal position of women and child workers in four free trade zones; and (iv) in Samoa, ECPAT’s programme aiming at raising awareness about the commercial sexual exploitation of children in the country and to protect them from exploitation.

3. Child trafficking. The Committee notes that, according to New Zealand’s National Plan of Action Against the Sexual Exploitation of Children (Ministry of Justice, 2001, page 17), while trafficking to New Zealand may be a relatively small problem, organizations such as the Human Rights Commission and the police acknowledge that it has the potential to become a growing problem. The National Plan of Action indicates that girls are trafficked from Thailand to New Zealand for the purpose of prostitution. The New Zealand police estimate that there are over 500 Thai women in the sex industry in Auckland, but do not know the ratio of prostitutes under 18 years of age. The Committee also notes that the police make use of the Interpol network and have an established network of contacts with other governmental agencies (Project Sapphire) and law enforcement agencies overseas to combat child trafficking. They also have a liaison officer located in Thailand to facilitate the flow of information regarding New Zealand offenders operating there.

4. Child sex tourism. The Committee observes that the Government is engaged in combating child sex tourism. The country participates in a number of international and regional tourism organizations, including Pacific Asia Travel Association, International Air Transport Association, and World Tourism Organization. These organizations have made public statements on the need for the industry to accept some corporate responsibility for child sex tourism, but so far there has been no public action by national tourism organizations. The Committee nevertheless notes that, according to New Zealand’s National Plan of Action Against the Sexual Exploitation of Children, " New Zealand needs to continue building cooperative relationships with other countries, such as Thailand, the Philippines and Fiji, where there have been reports of New Zealanders engaging in child sex tourism". The Committee requests the Government to continue to provide information on the measures of cooperation taken to combat child sex tourism.

Part III of the report form. The Committee notes the Government’s indication that courts of law have not yet given decisions involving questions of principle relating to the application of the Convention. It asks the Government to supply any court decisions regarding the legislation relevant to the application of the Convention.

Part IV and V. The Committee notes the Government’s indication that the main practical difficulty in the application of the Convention in New Zealand is the clandestine nature of child labour. It also notes the Government’s indication that ECPAT is currently undertaking research on the extent of the commercial sexual exploitation of children in New Zealand. The Government indicates that initial findings have found that child sex work is occurring in country districts, provincial towns and cities. The Committee asks the Government to provide a copy of the findings concerning the extent of the sexual exploitation of children in New Zealand as soon as it is available. It also asks the Government to provide further information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of these forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.