5. Principal Developments in Migration Policy

5.1. Legislation: the Immigration Bill

A new Immigration Bill was introduced into Parliament in July 2007. It is a complete rewrite from first principles of the existing legislation, which dates from 1987. The Bill (2007) will establish a legislative framework aimed at ensuring that into the future:

• New Zealand can have the skills, talent and labour needed for its economy;
• New Zealanders can have confidence in our border security;
• migrants and refugees can settle well and integrate into communities.

The Bill (2007) will have no direct impact on foreign workers because the detail of immigration policy under both the current legislation and the new Bill, including on immigration work policy, is determined by the Minister of Immigration.

5.2. Policy

The major policy development concerning foreign workers over the past year has been the establishment of a new temporary work policy framework, called Essential Skills policy. The Essential Skills framework differs from the previous General Work policy in that it allows for the policy settings to be tailored to the skill level of the occupation, to enable better targeting of risks and opportunities. For example, the longer work visa length mentioned below will only be available for people working highly skilled employment.

Other policy initiatives over the past year include a longer open work permit for graduates of New Zealand tertiary institutions, and the establishment of a new Active Investor policy for business migrants.

The Immigration Regulations 1999 have been amended to enable a maximum work visa length of five years for highly skilled workers. Previously, all temporary visas had a maximum length of three years (with work visas being renewable in New Zealand if the need for the worker still existed). This continues to be the case for visitor and student visas.

The Recognised Seasonal Employer Scheme, which has the goals of providing timely labour for horticultural and viticultural employers, providing development assistance to Pacific states through the training and temporary employment of their citizens in those seasonal industries, raising employment and labour standards in those industries, and discouraging the use of illegal labour, was further implemented during 2008.

No multilateral or bilateral agreements on the return of foreign workers have been entered into, and none are at present contemplated.

5.3. Closer economic partnerships/free trade agreements

A free trade agreement with China came into effect in October 2008. One of the provisions of the agreement facilitates entry to the New Zealand labour market of a limited number of highly skilled professionals, if certain conditions are met. Those conditions include the provision of a bona fide job offer, and the individual meeting specific qualifications and / or work experience requirements.

The specific occupations comprise a set of eight identified as having traditional Chinese characteristics (including chefs, Mandarin language assistance, and wu shu masters) and a set of twenty of highly skilled occupations in shortage in New Zealand, including engineers, fitters and turners, and auditors.

The text of the agreement, including the annexes setting out the detail of the temporary entry and temporary employment agreements, can be found at http://chinafta.govt.nz/1-The-agreement/2-Text-of-the-agreement/index.php

New Zealand's immigration policy, including its work policy, can be found at www.immigration.govt.nz/manual

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