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

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

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.