Immigration New Zealand is investigating a potential case of exploitation involving Fijian workers in the Bay of Plenty.

A group of Fijians lured to the Bay to work on kiwifruit orchards claim they have been underpaid and forced to sleep on floors during winter after paying up front for accommodation.

Immigration New Zealand is investigating a case of possible exploitation of Fijian kiwifruit workers.

Their plight was brought to NZ First candidate Clayton Mitchell's attention.

'I can't believe how big this is in this area,” says Clayton. 'We need to expose this. We need to sort this out.”

Clayton says it's a case of kiwifruit contractors taking advantage of the system and 'ripping the workers off”.

'They will be charging them out at full rates and not paying them what they deserve.”

Clayton's taken his concerns to Immigration New Zealand.

He says the workers responded to an advertisement in the Fiji Sun, and were promised $15-$17 an hour.

They had to pay exorbitant amounts of money while still in Fiji to get their details and pay for their accommodation early, says Clayton.

'It was all supposed to be put on for them but when they got here there was nothing there for them, they didn't even have work permits.

'They were sleeping on a floor with no heating, one toilet for eight people and being charged $80 per person, per week.”

He says the $80 a week was coming out of workers' pay, leaving them with $190 cash after six weeks.

'I hope immigration and the police get right on top of it ASAP. We've got some serious human rights breeches there,” says Clayton.

In July SunLive reported former kiwifruit worker Hardeep Singh was facing deportation after assisting Immigration NZ and the Ministry of Business Immigration and Employment in tracking down worker abuse the in kiwifruit industry in Te Puke.

He claims he was fired when his employer learned Hardeep was informing on him.

Hardeep contacted the Ministry of Business Innovation and Employment in relation to three illegal workers. He was able to prove they were working for his employer, and were deported.

In response Hardeep says he was sent to work on the orchard without pay, and assaulted. When he was fired, Immigration NZ gave him a week to find another job or face deportation.

'Immigration New Zealand cannot go into details without a privacy waiver but rejects any assertion that the system failed Mr Singh,” says INZ spokesman Marc Piercey.

'INZ has worked closely with Mr Singh and he is now on a valid work visa after an application to vary the conditions of his previous visa was approved.

'The Ministry of Business, Innovation and Employment – of which INZ is a part - recognises that migrant workers are a particularly vulnerable section of the workforce as they are less likely to be aware of their rights and entitlements than their New Zealand colleagues.”

INZ recognises migrants have been reluctant to come forward to report exploitative practices by employers.

To address this INZ introduced a new policy last year under which migrants who report serious workplace exploitation will be allowed to remain in New Zealand while they apply for a new visa.

The Government also introduced a new Bill imposing heavy penalties on employers who exploit migrants working here lawfully, says Marc.

Under the Immigration Amendment Bill (No 2) employers who exploit migrants will face a jail sentence of up to seven years, a fine not exceeding $100,000, or both.

Migrant employers could also face deportation if the offence was committed within 10 years of gaining residence.

'We encourage anyone currently being forced to work in New Zealand illegally for less than the minimum wage and/or for excessive hours to contact the Labour Contact Centre on 0800 20 90 20 where your concerns will be handled in a safe environment,”

A whole-of-government response is being taken to combat migrant exploitation, says Marc.

An increasing number of joint compliance operations have been carried out between INZ and the Labour Inspectorate, and the Ministry is also working more closely with other agencies.

These operations have targeted the fishing, hospitality, horticulture and viticulture industries.

The Ministry is working with kiwifruit industry representatives in the Bay of Plenty to support the sector to ensure consistent compliance with labour standards.

'There is no specific investigation under way into contractors but INZ has held regular discussions with contractors about their responsibilities to employ foreign nationals on the basis of the occupation specified in their visa application,” says Marc.

'Any contractors who employ foreign nationals in breach of their visa conditions or who employ people in roles other than those specified in visa applications may be subject to immigration action.”