Sio Su'a William: Questions for Oral Answer — Questions to Ministers Questions to Members 
Sio Su'a William: Questions for Oral Answer — Questions to Ministers Questions to Members 
[Volume:667;Page:14725] 
10. 
SU’A WILLIAM SIO (Labour—Mangere) 
 to the  
Minister of Immigration 
: What advice has he received since 14 August 2009 about the fee and levy discounts available to more than 1300 Samoan citizen residence applications totalling in excess of $117000 and whether there was a legal basis for his department’s charging regime at the time that the fees were paid? 
Hon Dr JONATHAN COLEMAN (Minister of Immigration) 
: 
 In the weekly officials’ report covering immigration matters dated 3 December to 9 December 2009 I was advised of the following: “The department has identified 741 Samoan citizens who it appears did not receive the $90 fee discount that is applied to Samoan citizens who apply for a residence visa or permit. All 741 customers will shortly receive a letter inviting them to provide bank details so the department can arrange a refund of the $90. The department has identified and corrected the administrative error which caused this problem to arise.” With regard to the legal basis for the department’s charging regime at the time that the fees were paid I am advised that there was a legal basis for the discount but that it was not appropriately applied. As soon as the error was identified action was taken to try to find the people affected and to refund the overcharge. 
Su’a William Sio 
: Why has he taken no action since August last year when that overcharging issue was raised particularly when the department’s legal advice concluded that charging those fees had no basis in law and that the department should adopt a more proactive refund policy? 
Hon Dr JONATHAN COLEMAN 
: It is incorrect to say no action has been taken. Of those people the department has written to the 733 for whom it had addresses 157 have responded and 145 have been refunded. There has also been an active campaign in the Apia branch and in the community in Apia to publicise this issue. So it is quite incorrect to say no action has been taken to remedy the situation. 
Su’a William Sio 
: What should people make of the Minister’s management of the immigration portfolio when he has made a deliberate decision to withhold the reimbursement given that the two available discounts represent an overpayment of more than $250000? 
Hon Dr JONATHAN COLEMAN 
: That member is quite incorrect; I have made it clear that action has been taken. I would note that this overcharging began in November 2005 and went on for 3 years under the previous Labour Government. Within 8 months of a change of Government the problem had been identified and action has been taken. So one could say this was a rather foolish question for that member to bring to the House. 
Su’a William Sio 
: If the 2005 error was one of administration and the 2009 error was one of judgment is this another example of a New Zealand ethnic community being treated with disdain; if not how does he justify a do-nothing solution to a problem involving a quarter of a million dollars and affecting 1800 former Samoan citizens? 
Hon Dr JONATHAN COLEMAN 
: I think that member needed to revise his questions as he was being given answers to the preceding supplementary questions. It is quite clear that this problem went on for 3 years under Labour. It was not identified. As soon as we found out about it positive action was taken. If there are any people out there who are due to receive a refund all that they need to do is to get in touch with Immigration New Zealand and they will receive that $90 back.