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COMMENT SOUGHT ON LAW REFORM By Lawrence Johnston THE most comprehensive review of New Zealand immigration law in nearly 20 years, has reached the consultation stage.Between now and June 14, the public can submit their views on the proposals drafted by the New Zealand Government. The Government wants to replace the outmoded legislation, with a system that is flexible and easier to use and more focussed on New Zealand's needs. It also wants greater fairness and transparency, better tools for decision-making and streamlined expulsion and appeal mechanisms. Among its proposals are a simplified, integrated visa system for travel and entry to and stay in New Zealand. The proposals would also enable permit extensions for people who lodge a further application while lawfully in New Zealand. The proposed legislation would ensure that immigration applicants are given potentially prejudicial information and reasons for decisions when appropriate, and ensure appropriate access to review and appeal of immigration decisions. Classified information would be allowed to be used in all immigration decision-making, without releasing it to the applicant. There would also be a process which allows for an independent appeal against onshore decisions that rely on classified information. There would be provision to expel protected people who have committed serious offences or are at risk to New Zealand, where this is consistent with the relevant international obligations. The proposals would confer on immigration officers, powers to require information to locate people who are unlawfully in the country and people under investigation for breaches of the Immigration Act. Immigration and customs officers would be able to detain someone for immigration reasons in the absence of a police officer for up to four hours. Also enabled would be information-sharing to assess entitlement to publicly funded services. The review is needed due to increased competition between countries for talent and skills, against a background of an aging workforce and falling fertility rates. There is also growing mobility of people around the world, resulting in an increase in temporary migration, and this mobility has turned the spotlight on international security and the need for New Zealand to protect its borders. Another reason for the review is the growing diversity in the make-up of the country's population. This latter point has increased the importance of people being able to establish their families quickly and successfully in local communities, and to contribute fully to the country's social and economic life. Unveiling the proposals, last month ((April)) Immigration Minister David Cunliffe said: "This review aims to simplify and streamline the law to facilitate the entry of those migrants we want, and to enhance border security and tighten the law against those we don't want in New Zealand." The review was part of a wider approach to reviewing New Zealand's immigration system. The three pillars of the Government's approach were legislative reform, a strategic review of key aspects of immigration policy, and supporting operational and process changes within the Department of Labour. "These will be ongoing, complementary changes to ensure we have an integrated immigration system that is designed for the 21st Century," he said. The Immigration Act, is the legislation that guides and drives immigration policies and processes. It has a huge impact on people from overseas who visit, study, work and live in New Zealand, and on the lives of New Zealanders. Mr Cunliffe said: "Major shifts in the international environment and New Zealand's priorities since the current act was passed in 1987 mean it's important to review the law. "To remain internationally competitive while protecting our borders and way of life, we need legislation which is understandable and efficient - and allows us to make firm, fast and fair decisions. "The options in the paper are only proposals, and are not yet Government policy," Mr Cunliffe said. The Cabinet would carefully consider the feedback. Written submissions may be: * Made via www.dol.govt.nz/actreview/ * Posted to: Immigration Act Review, PO Box 3705, Wellington, or * E-mailed to actreview@dol.govt.nz The submissions must reach the Government by June 14 with a view to them going before the Cabinet later this year and a Bill being presented to Parliament in 2007. |
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