Hipkins Chris; Mallard TrevorThird ReadingHon CHRIS HIPKINS (Leader of the House) on behalf of the Minister of Immigration: I move That the Immigration (COVID-19 Response) Amendment Bill be now read a third time. At its core this bill is about ensuring that we can respond flexibly and efficiently to the effects of COVID-19 on our immigration system and on migrants themselves. These are uncertain and stressful times for the migrant community and I hope that these powers will ensure that the decisions can be made efficiently and quickly. The bill will do this by introducing eight time-limited powers. In order through the bill they are: the power to extend vary or cancel conditions for classes of resident-class visa holders; the power to impose vary or cancel conditions for classes of temporary entry-class visa holders; the power to waive any prescribed regulatory requirements for applying for a visa with respect to classes of people; the power to grant visas to individuals and classes of people in the absence of an application; the power to extend the expiry dates of temporary-class visas for classes of people; the power to waive in an individual case the requirement to obtain a transit visa; the power to revoke the entry permission of a person who has been deemed by regulations to have been granted entry permission; and the power to suspend the ability for any class of persons to make applications for visas or submit expressions of interest in applying for visas.At the committee of the whole House stage the committee made amendments to the bill to increase the safeguards around the exercise of these powers tighten the connection to COVID-19 required to exercise some of the powers and limit the power to suspend applications. The first change placed an additional safeguard around the exercise of special directions so that they may only be used if the special direction does not materially disadvantage the class or classes of person to which it relates. The bill will preserve the ability for the Government to require visa holders to comply with health measures taken to contain COVID-19 in New Zealand—for example requiring that they obey the instructions of a medical officer of health. This measure is something the Government introduced for new temporary visa applicants in March sparked by concerns about tourists who indicated that they would not self-isolate and risked the health of New Zealanders as a result.The second change to the bill ensures that any power used under the bill is in response to COVID-19. The original wording of the bill was that a power could be used if it was necessary or desirable to respond to COVID-19 or its effects. The committee heard from submitters that the wording desirable" was too broad and could allow for powers to be used in situations where the connection to COVID-19 was tangential or tenuous. Therefore the committee of the whole House has tightened up this wording so that the powers may only be used where reasonably necessary to respond to COVID-19 or its effects. The third change made to the bill is in relation to the power to suspend the ability to apply for a visa or to submit an expression of interest for a visa. The bill's been amended to make it clear that regulations made under the exercise of this power can only suspend offshore visa applications and expressions of interest. The amendment ensures that the policy intent is explicit. This power is simply intended to suspend applications for visas which could not be used because of border restrictions. It is not intended to prevent onshore applications or expressions of interest being made for visas.As the Minister would have explained in the second reading debate had there been one these safeguards form the three threshold hurdles that must be met before a Minister can exercise these powers. Firstly the exercise of the power must be reasonably necessary. Secondly the exercise of the power must be related to responding to the effects or the consequences of COVID-19 or measures taken to combat COVID-19 and the Minister may not make a special direction unless they can be satisfied that in doing so they do not materially disadvantage a class of persons who are affected by that power.It is the position of the Government that the amendments to this bill ensure that there are strong safeguards around the exercise of these powers and that the bill is workable and is fit for purpose. These are broad powers and the Minister will not take the exercise of them lightly. I hope this bill and its powers will relieve some of the pressures on the immigration system and bring certainty to those in the migrant community. Lastly I would once again like to thank all members of the House members of the Opposition and the Epidemic Response Committee for their work to ensure that this bill has progressed quickly and once again I commend the bill to the House.SPEAKER: The question is that the motion be agreed to.Stuart Smith: Mr Speaker.SPEAKER: Stuart Smith. Just before the member starts—I haven't been in the House during the committee stage but I wonder whether it would be appropriate to seek leave—Hon Member: It's already been done.SPEAKER: Been done? All right. Thank you. Just out of touch again."