Consultation
Immigration Act Review
Immigration Act Review: Summary of Decisions
The Act review seeks to develop a strong legislative foundation for New Zealand's immigration system. It will allow the government to facilitate the entry and stay of the people New Zealand wants and needs, and to manage risks to the integrity of the immigration system, and the safety and security of New Zealand, in a fair and balanced way.
Several of the core elements of the 1987 Act will be retained. The key elements of change include:
- a simplified visa system that provides for greater clarity and flexibility in managing non-citizens' travel to and stay in New Zealand
- providing for more responsiveness and efficiency by enabling the Minister of Immigration (the Minister) to delegate positive discretion in residence decision-making to officials, and enabling electronic decision-making
- a single protection determination procedure that incorporates New Zealand's core immigration-related international obligations
- a streamlined deportation process that is more efficient while maintaining fairness
- a robust independent appeals system, including a single appeals tribunal
- an ability to use classified information in a limited range of decision-making situations without disclosure, balanced by a set of special safeguards
- enhanced incentives for third parties (employers, education providers and carriers) to comply with their obligations in the immigration system
- more flexible powers for compliance and enforcement to provide for integrity in the immigration system
- more flexible and responsive monitoring and detention provisions that maintain a commitment to human rights, and
- the ability to collect and use specified biometric information for identity verification purposes.
Public consultation
The public discussion paper was released in April 2006. Officials held public meetings in May and June 2006, which were attended by more than 650 people, to outline the proposals. The Department received 3,985 written submissions in response to this paper, of which 360 were unique. Submissions were received from a wide range of individuals and organisations including employer organisations, law societies, refugee and migrant groups and communities, immigration consultants, carriers, government agencies, and education providers.
All submissions received through the public process have been considered in preparing the review and a detailed summary of submissions is available at www.dol.govt.nz/actreview.
The Immigration Change Programme
The Immigration Act review is part of the broader Immigration Change Programme focusing on skills, security and settlement. The programme aims to improve the immigration system to ensure that:
- New Zealand has the skills, talent and labour it needs, now and in the future
- New Zealanders are confident of the security of our border, and
- migrants and refugees settle well and integrate into communities.
The three interlocking components of the Immigration Change Programme are:
- developing a strong legislative foundation
- repositioning the policy framework, and
- implementing a new business model for service delivery.
The change programme as a whole will ensure that we have a modern immigration system, fit for the globally competitive environment of the 21st century. It will enable New Zealand to facilitate high-value, low-risk customers and effectively protect the border. Taken together, the change programme will further the government's goals of economic transformation, strong national identity, and security and opportunities for families.
Rationale for the decisions
Significant global changes have taken place since the 1987 Act was enacted. There are greater flows of people around the world and greater competition for skills, talent, and labour. There are heightened risks and pressures on the border. New Zealand needs to adapt to these changes to ensure that the best outcomes for the country are realised. Relevant, flexible and responsive legislation is an important tool to help achieve this.
The Immigration Act review is particularly focused on:
- facilitating the entry and stay of people who meet New Zealand's needs, and
- managing risks in a fair and balanced manner.
The new Bill will retain many of the core elements of the 1987 Act such as requiring non-citizens to have authorisation to be in New Zealand, a role for the Minister in individual decision-making, and an independent appeals system. In all cases the review has focused on creating a system that is more transparent and easier to use, and more efficient and flexible, while maintaining an appropriate level of fairness.