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Indian Newslink August 1, 2016 Digital Edition

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AUGUST 1, <strong>2016</strong><br />

12 VIEWLINK<br />

Demand remains incessant to spiralling prices<br />

The English Fortnightly (Since November 1999)<br />

Issue 351 | <strong>August</strong> 1, <strong>2016</strong><br />

Vulnerability of migrant<br />

workers hits new low<br />

Labour Party Policy Council Member Priyanca<br />

Radhakrishnan has a point.<br />

An increasing number of migrant workers subsist under<br />

despicable working and living conditions, which is<br />

no less or more than slavery.<br />

Short of being physically beaten, their life, if reports are to<br />

be believed, is on the brink of collapse, belying the fairness for<br />

which New Zealand is renowned the world over.<br />

Priyanca’s article, ‘Exploitation of migrant workers tantamount<br />

to slavery’ under Businesslink is a must read.<br />

Exploitation of migrant workers and international students<br />

is nothing new in countries, which depend on migration for its<br />

economic progress. Britain, America, Canada, Australia and New<br />

Zealand have laws that prescribe minimum wages, working and<br />

living conditions and rights of migrants on work permits.<br />

Silent sufferers<br />

Yet, they suffer in silence a variety of atrocities- working long<br />

hours, accepting less pay, often by cash, allowing their employers<br />

to evade tax and even immigration laws.<br />

They suffer in silence to avoid loss of jobs, and worse,<br />

deportation.<br />

A large number of them come from India and most of them<br />

are exploited by employers of <strong>Indian</strong> origin.<br />

We not only need good laws but also their effective<br />

enforcement.<br />

We need laws that are responsible but humane.<br />

It is a pity that many migrant workers falling a prey to exploitation<br />

do not have their papers in order. In essence, they arrive<br />

here on visit visas, hoping that their employers or agents<br />

would regularise and legalise their stay.<br />

Robust process<br />

There is no argument against a smart, quick and efficient immigration<br />

regime, and strengthened border controls. There<br />

cannot be any cry against tightened curbs on hiring of illegal<br />

workers, requiring most businesses to verify employees against<br />

an electronic database of those allowed to work.<br />

But there is a need for a regime that is tough on erring employers<br />

- those exploiting the helpless situation of migrant<br />

workers and international students.<br />

Such a regime would also educate foreigners on their rights<br />

and the ways and means of redressing their grievances.<br />

Abuse elsewhere<br />

Though questionable, New Zealand could seek little comfort<br />

in hearing that the condition of migrant workers under reference<br />

here is far better in this country than it is in nations which<br />

depend on foreign workers to fill most job vacancies.<br />

An Economist leader said that Sweden and Norway, where<br />

migrants can use public services, claim welfare benefits and<br />

bring in dependents, admit relatively few purely economic<br />

migrants.<br />

“This trade-off is visible even within the European Union,<br />

where the recent accession of 12 relatively poor eastern<br />

European countries has sparked a debate about migrants’ rights<br />

to welfare,” it said.<br />

About two years ago, David Cameron, Britain’s former Prime<br />

Minister, clashed with his Oxford contemporary Radek Sikorski,<br />

Poland’s Foreign Minister.<br />

Mr Cameron wanted to exclude recently arrived European immigrants<br />

from welfare and public housing.<br />

“If Britain gets our taxpayers, shouldn’t it also pay their benefits?”<br />

Mr Sikorski asked.<br />

Britain’s exit from the European Union is likely to change the<br />

equation.<br />

Bilateral Agreements<br />

Elsewhere the movement of people is increasingly regulated<br />

by bilateral agreements and diplomacy.<br />

David McKenzie, a Lead Economist of the Development<br />

Research Group at the World Bank said that since a diaspora<br />

can help poor countries develop, sending states must try to protect<br />

the rights of migrant workers without making them such a<br />

burden as to be unwelcome.<br />

Receiving countries weigh their national interests, real or<br />

perceived, against international obligation calculations vary<br />

from country to country.<br />

Back to the home turf, New Zealand should have a better system<br />

of immigration, screening of migrant workers, and more<br />

importantly, a stringent legal system that does not fail to punish<br />

those exploiting migrant workers.<br />

No one should be allowed to live or work here illegally. On the<br />

same count, no one should be allowed to misuse and exploit migrant<br />

workers and international students.<br />

<strong>Indian</strong> <strong>Newslink</strong> is published by <strong>Indian</strong> <strong>Newslink</strong> Limited from its offices located at Level<br />

1, Number 166, Harris Road, East Tamaki, Auckland 2013 and printed at Horton Media<br />

Limited, Auckland. All material appearing here and on our web editions are the copyright<br />

of <strong>Indian</strong> <strong>Newslink</strong> and reproduction in full or part in any medium is prohibited. <strong>Indian</strong><br />

<strong>Newslink</strong> and its management and staff do not accept any responsibility for the claims<br />

made in advertisements.<br />

Managing Director & Publisher: Jacob Mannothra<br />

Editor & General Manager: Venkat Raman;<br />

Production Manager: Mahes Perera; Graphic Designer: Shine Kumar<br />

Phone: (09) 5336377 Email: info@indiannewslink.co.nz<br />

Websites: www.indiannewslink.co.nz; www.inliba.com; www.inlisa.com<br />

Nathan Saminathan<br />

Since October 2013, the<br />

Loan-to-Value (LVR)<br />

Restriction has been in<br />

place but there is no respite<br />

on rise in property prices.<br />

There are reasons why we are<br />

in this situation.<br />

When the global financial crisis<br />

hit in 2007, most the builders<br />

went broke or became decimated.<br />

Since then, we are building<br />

few thousand houses annually,<br />

whereas demand, which was<br />

about 10,000 ten years ago has<br />

registered a sharp rise.<br />

One may recall that a number<br />

finance companies went bust.<br />

They were funding builders<br />

on short-term basis. When some<br />

builders went into liquidation,<br />

some finance companies folded<br />

up due to poor cash flow. New<br />

Zealand suffered low level of construction<br />

activities for about four<br />

years.<br />

Earthquake recovery<br />

Christchurch earthquakes created<br />

building activities.<br />

The government relaxed its immigration<br />

policy to boost economic<br />

activities. There was a<br />

huge increase in the number migrants,<br />

peaking to 68,000 during<br />

the year ending December 2015.<br />

Migrant numbers have been<br />

steadily rising since 2011. This<br />

created more demand for houses<br />

against a heavy shortage of houses,<br />

especially in Auckland. At the<br />

same time, we suffered paucity<br />

of skilled workers in the building<br />

industry.<br />

Consent for new houses to<br />

meet the ever-growing demand<br />

for houses has not been forthcoming.<br />

The restrictions posed by<br />

the Resource Management Act in<br />

obtaining building consents and<br />

the reluctance of the Auckland<br />

Council in releasing more land<br />

compounded the problem.<br />

Joint efforts help<br />

It is heartening to note that the<br />

Council, Reserve Bank of New<br />

Zealand (RBNZ) and the Central<br />

government are now working to<br />

solve the problem.<br />

Although the Council continues<br />

to restrict fresh land for house<br />

construction until appropriate<br />

infrastructure is in place, its<br />

‘Unitary Plan’ will see more houses<br />

built within restricted areas.<br />

RBNZ took its own action<br />

through LVR to restrict investors<br />

from buying houses.<br />

Contempt of Court appeal fails<br />

Supplied Content<br />

In a recent judgement, the<br />

High Court declined an application<br />

by the liquidators<br />

of AK Group 2006 Limited<br />

(in liquidation) for holding<br />

Director Satwant Singh in contempt<br />

of Court.<br />

The application had been filed<br />

by the liquidators following a<br />

non-compliance of the orders of<br />

the High Court passed last year<br />

directing the respondents to produce<br />

records of the companies<br />

In the course of hearing the<br />

proceedings against four respondents,<br />

the Counsel for<br />

Satwant singh raised an issue<br />

However, this did not help in<br />

preventing rise in house prices.<br />

The earlier restriction of<br />

30% equity was easily overcome<br />

with the increase in value of the<br />

houses.<br />

There is now 40% deposit requirement<br />

in place targeting investors<br />

and foreign buyers. The<br />

new regulation, which came into<br />

force in October 2015, will make<br />

sale of property within two years<br />

taxable.<br />

The requirement of foreign<br />

buyers to obtain IRD numbers<br />

has not helped to restrict demand<br />

on property.<br />

Figures released last fortnight<br />

show that the number of building<br />

consents issued was 13,000 units.<br />

This will go a long way to alleviate<br />

housing shortage. To meet the<br />

current demand, we need 40,000<br />

new dwellings.<br />

The government is willing<br />

to fund up to $1 billion for<br />

infrastructure.<br />

Cause for concern<br />

I am really concerned that ordinary<br />

New Zealanders cannot<br />

afford to buy a decent house for<br />

less than $500,000.<br />

I do not think this is right. I believe<br />

that the ultimate responsibility<br />

rests with the Central<br />

Government.<br />

Currently, only 66% of New<br />

that the consent orders passed<br />

in July 2015 were without instructions<br />

and knowledge of his<br />

client.<br />

The Court agreed that this issue<br />

required determination and<br />

therefore the application against<br />

Satwant Singh was adjourned<br />

to another date, while two other<br />

directors were held in contempt<br />

of Court orders and directed to<br />

pay penalties.<br />

Before the hearing of the matter<br />

against Satwant Singh, the<br />

liquidator filed another memorandum<br />

seeking to introduce<br />

two affidavits of other respondents<br />

into evidence.<br />

Zealanders own homes, down<br />

from 75% a few years ago. I will<br />

not be surprised if the gulf between<br />

those in their homes and<br />

those in rented properties widens,<br />

triggered by inaction of the<br />

government.<br />

There are three areas in which<br />

the government, the Auckland<br />

Council and RBNZ can help to alleviate<br />

the situation.<br />

Further action<br />

The government should reduce<br />

the number of migrants until<br />

we have the resources including<br />

appropriate infrastructure are<br />

available.<br />

The Council should fast tract<br />

the process of issuing building<br />

consents and the Unitary Plan.<br />

RBNZ should help in converting<br />

the shortage into surplus by<br />

restraining further cuts in interest<br />

rates. We need a cooling<br />

period.<br />

Providing more houses to meet<br />

the growing demand is easily<br />

said than done.<br />

But I remain confident.<br />

I know that patience always<br />

has its rewards.<br />

Nathan Saminathan is an Authorised<br />

Financial Adviser and<br />

Director, Mortgage Masters<br />

based in Auckland. He is also<br />

featured in our Real Estate &<br />

Mortgage Special in this issue.<br />

Editor’s Note: In the 20 years to 2011, total housing and consumer loan debt increased<br />

around six-fold in dollar terms. As a ratio of household disposable income, the percentage<br />

at June 2011 of 147% is about two and a half times that of 58% at March 1991.<br />

Through the mid-2000s, household debt grew strongly, at an average annual rate of<br />

over 14% in the five years to June 2007. The rate of growth slowed sharply from 2007,<br />

averaging well under 4% per annum in the four years to June 2011. This deceleration<br />

in the rate of growth of household debt arrested the growth in the debt to income<br />

ratio from 2007. Falling interest rates have been the main driver of falling interest<br />

servicing as a percentage of disposable income from 2008 (Source: Reserve Bank of<br />

New Zealand).<br />

Gurbrinder Aulakh, the<br />

Counsel for respondent Satwant<br />

Singh, opposed the introduction<br />

of this new evidence stating it to<br />

be pre-mature and irrelevant to<br />

the proceedings.<br />

At the hearing held on July<br />

21, <strong>2016</strong>, the Court heard from<br />

the counsel for the liquidators,<br />

and Mr Aulakh for respondent<br />

Satwant Singh and from the<br />

counsel who was alleged to have<br />

no instructions.<br />

Following this, Justice Heath<br />

held that Satwant Singh was not<br />

in contempt of the Court orders<br />

and the application of the liquidators<br />

thus fails.

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