Government Abolishes Modern Slavery Group
Opinion piece: Liz Gregory.
(Thoughts, opinions and views expressed here belong to Liz Gregory and may or may not represent the views of all leavers, current members or the Trust).
News the past week that the Government quietly “abolished “dissolved” the Modern Day Slavery Taskforce at the end of May 2024, came as a bit of a shock. Read the article here. It was only last July that the NZ Government announced it would be ensuring businesses publicly report on what they were doing to address exploitation risks in their operations and supply chains. It sounded hopeful.
Perhaps most disturbingly is that Workplace Relations and Safety Minister Brooke van Velden told Parliament that, “the issue is not a priority for the Government.“
What’s the link to Gloriavale? Well it’s not the concept that Gloriavale may have been operating it’s very own modern-day slave colony (that’s another conversation), but it speaks to the heart of the issue that businesses have a duty and obligation to ensure they are ethically procuring materials and doing business with people and companies who do not exploit their workers.
Gloriavale put both BNZ and Westland Milk into a tricky spot in 2022. Gloriavale lost the Courage Boy’s and the Pilgrim Girls’ Employment Court cases. The judgment accepted evidence that there was forced labour and alleged servitude and slavery occurring at Gloriavale (for decades), even under the nose of Government officials.
It was during these Employment Court Cases that Gloriavale was reminded they were the subject of an active Police Investigation into Forced Labour, Servitude and Slavery. Not an inconsequential issue.
International businesses like Westland Milk and BNZ have obligations under law. Their NZ subsidiaries have been accused of doing business with a group under investigation for slavery at worst, and forced labour at the least. Problematic at a bare minimum. Outrageous and egregious at the maximum.
Both Westland Milk and BNZ attempted to cut ties with Gloriavale, however, on both occasions the courts intervened to slow the process down and to allow Gloriavale the status quo until the issues could be heard at trial. There was concern about the “precedential impact” of allowing private companies the discretion to choose who they do business with. Interesting concept!
In the case of BNZ, they wanted to close down the Community businesses and Trust bank accounts, and they gave Gloriavale a few months to find alternative banking arrangements. However, no other bank in New Zealand wanted to take Gloriavale on as a client. Out of desperation, Gloriavale sought a court injunction just before the accounts were to be closed to ensure they stayed open. The courts backed Gloriavale temporarily and insisted they remain open, until such time as the issue can be heard at trial. The path is now open for this case to proceed. Read article here.
BNZ argued that they have the right to do business with whoever they choose to do business with, and their obligations prevent them from doing business with businesses who have a link to exploitation in the workforce. They state their website and bank documents make it clear they have the right to cease doing business with particular customers.
Westland Milk said that they would stop collecting Gloriavale milk after evidence was accepted in court that young boys were being forced to work on farms. But again Gloriavale won a court injunction forcing Westland Milk to continue to collect the milk, until a substantive court hearing could be conducted. (It also must be noted that information provided by Gloriavale during the injunction process was incorrect and dishonest, forcing Gloriavale’s lawyers to embarrassingly take back some statements after the fact… Yes the Canaan farms did use, and were continuing to use boys for labour, and any attempt to say they weren’t was nothing more than straight up dishonesty. (I felt a smidgen of discomfort for their lawyer who clearly believed his clients were giving him honest information. In my opinion it’s dangerous business defending coercively controlling groups because they are experts at information manipulation and double-speak).
Instead of paying their staff properly to resolve the issue, Gloriavale contracted out their milking to another company for two years while they decided how to solve this issue. This arrangement has come to an end and from this season, and from June 2024 the farms are back under Gloriavale’s management. The young fellows working on the farms are now “self-employed contractors”, receiving set sums for particular jobs. Sadly not all these young people actually have full and private access to their own bank accounts. Meanwhile the adults who signed into the Partnership Agreement, which is intricately entangled with the much-criticised Commitment Vow and What We Believe document, are still not receiving minimum wage entitlements. I have no idea why they see their Partnership Agreement as some kind of Noah’s Ark which will keep them safe from the waves crashing on their bow. Evidence produced in court cast huge questions about the validity of the documents and the role of coercion in their implementation. Regardless, whether young or old, there is still huge pressure to give all money you might “earn” into the common purse. I have evidence showing that in April 2024 Gloriavale was ferreting away $170,000 a month for lawyers to give legal advice and defend various court cases. That’s a lot of toothpaste and vehicles they could be providing for their members…
while the adults are still not receiving minimum wage entitlements.
In summary, these businesses have obligations under international Slavery Treaties and doing business with Gloriavale is increasingly problematic. It appears that any businesses dealing with Gloriavale have to ask themselves difficult questions about whether their support of the group is the same as being complicit. Each group has to make that decision for themselves. Due diligence is something expected of all businesses, and as Westland stated, they would suspend the milk collection until Gloriavale, “meets the standards and values of wider New Zealand.” Is Gloriavale currently meeting the standards and values of wider New Zealand?
Recent leavers tell us that they do not believe that is occurring yet – and it’s July 2024.
The abolishing of the Modern Slavery Taskforce may have been premature. It’s drawn criticism from well respected kiwi voices. Former Air NZ Chief Executive Rob Fyfe said, “We have a proud heritage as a nation standing up for what’s right and fair. Yet our voice is now missing on this issue, while people are being abused and their lives destroyed, producing goods and services that we consume.“.
Something to ponder.