Mallard Trevor: Oral Questions — Questions to MinistersText is incorporated into the Bound VolumeMallard Trevor: Oral Questions — Questions to Ministers[Sitting date: 07 May 2015. Volume:705;Page:3313. Text is incorporated into the Bound Volume.]11.Hon TREVOR MALLARD (Labour—Hutt South)to the Minister for Workplace Relations and Safety: Does he agree with the report of the labour inspectorate that found that it is unclear whether New Zealand minimum standards law would apply to Chinese workers employed by CNR and working in New Zealand?Hon MICHAEL WOODHOUSE (Minister for Workplace Relations and Safety):Firstly I accept the overall findings of the labour inspectorate’s independent investigation which concluded it “could not identify any welfare issues or find evidence of breaches of New Zealand minimum employment standard law.” The report went on to say more than the member has quoted in his primary question. It said that after taking independent legal advice it also formed the view that it was more than likely that the Minimum Wage Act did not apply in this case. It said that the evidence pointed to the workers receiving adequate pay for their daily needs and living in sound well-maintained accommodation that appeared to provide no concerns for the workers. There was no evidence pointing to the workers’ welfare being undermined.Hon Trevor Mallard: I seek leave to table a letter to me from Mr George Mason the general manager of the labour inspectorate dated 17 April which says there is considerable doubt about whether the workers are in fact covered by New Zealand minimum employment—Mr SPEAKER: It has been described. Leave is sought to table that particular letter to the Hon Trevor Mallard. Is there any objection? There is none. It can be tabled.Document by leave laid on the Table of the House.Hon Trevor Mallard: Who has ministerial responsibility for ensuring that employment minimum standards law in New Zealand is clear?Hon MICHAEL WOODHOUSE: That would fall to me as the Minister and if investigators thought that these workers were covered by those laws they would have continued to press for more information. I am sure of that. But the best advice they received was that they were not.Hon Trevor Mallard: Is there a specific exemption for foreign firms from the requirement to produce time and wage records to the labour inspectorate in New Zealand?Hon MICHAEL WOODHOUSE: The requirement to produce time and wage records is a New Zealand law that covers minimum employment standards for those workers covered by it.Hon Trevor Mallard: Do New Zealand health and safety laws apply to Chinese workers removing asbestos from locomotives at Woburn?Hon MICHAEL WOODHOUSE: Yes they do.Hon Trevor Mallard: Does he believe that it is realistic to expect Chinese workers to complain about conditions to New Zealand officials when they have to return to China and their families are currently held there?Hon MICHAEL WOODHOUSE: Regardless of whether the answer to that question is yes or no I am aware that the local MP complained vociferously on their behalf. The labour inspectorate took that complaint seriously and investigated in a very thorough manner. I am satisfied with the outcome of that investigation.Hon Trevor Mallard: I raise a point of order Mr Speaker. The question was very specific and asked about Chinese workers complaining to labour inspectors. That was not addressed.Mr SPEAKER: I think it is a very marginal call to be honest but I will allow the member to re-ask his question and it is over to the Minister then as to how he answers it.Hon Trevor Mallard: As best as I can. Does he believe that it is realistic to expect Chinese workers to complain about their conditions in New Zealand to New Zealand labour inspectors when they have to return to China and their families are still there?Hon MICHAEL WOODHOUSE: The member calls for an assessment of my belief about a hypothetical scenario. I believe that a local MP in that scenario complaining vociferously on their behalf would prompt a very thorough and fair investigation by the labour inspectorate. And in the case that relates to this primary question I am satisfied that it did.