The functions of modern slavery law: exploring the diverse expectations of New Zealand actors

Abstract

ABSTRACT Building off fresh empirical research, including 15 interviews, this paper explores the diverse hopes and expectations that local actors articulated for anticipated new modern slavery legislation in New Zealand. It particularly highlights the expectations of three groups—civil society, the business sector and Government—who comprise the key actors driving the modern slavery law discussions forward. What emerges is a complex picture of competing and even conflicting expectations; sometimes made explicit, other times operating beneath the surface. The empirical evidence on the various expectations is then categorised in terms of the rich literature on the functions of law. Five core functions of modern slavery law are identified: the direct, expressive, symbolic, geopolitical and commercial functions. The paper identifies several policy implications of these diverse expectations and concludes with a call for greater clarity over what the law intends to achieve and how effectiveness should be measured.