Smith Lockwood: Questions for Oral Answer — Questions to Ministers Questions to Members 
Smith Lockwood: Questions for Oral Answer — Questions to Ministers Questions to Members 
[Volume:633;Page:4541] 
4.  
Dr the Hon LOCKWOOD SMITH (National—Rodney) 
 to the  
Minister of Immigration 
: Does he have confidence that ministerial discretion was exercised properly in the cases of Ms Ngaosri Mr Nakhen and Mr Kaewbabpha? 
Hon DAVID CUNLIFFE (Minister of Immigration) 
: 
 Yes. The Ingram inquiry found no evidence to suggest that ministerial discretion was not exercised properly or lawfully. 
Dr the Hon Lockwood Smith 
: Was Ms Ngaosri an illegal overstayer who had been declined a permit to be in New Zealand in August 2001 who was twice declined refugee status in 2002 and 2003 and to whom Taito Phillip Field successfully convinced the Associate Minister to grant a 12-month work permit in May 2005 and is she the same person the Ingram report reveals the police allege went to Samoa early the next month in June 2005 to work on Mr Field’s house yet refused to cooperate with the Ingram inquiry; if so was the ministerial discretion appropriate in that case? 
Hon DAVID CUNLIFFE 
: As the member himself has pointed out the apparent trip of Ms Ngaosri to Samoa succeeded not preceded the ministerial decision. 
Dr the Hon Lockwood Smith 
: Was Mr Nakhen an illegal overstayer who was four times declined refugee status and for whom Taito Phillip Field in October 2004 reached an understanding with the Associate Minister of Immigration for the granting of a work visa in February 2005 and is he the same Mr Nakhen who the police allege according to the Ingram report travelled to Samoa in May 2005 to do gib-stopping work on Mr Field’s house in Samoa and also refused to cooperate with the Ingram inquiry; if so was the ministerial discretion appropriate in that person’s case? 
Hon DAVID CUNLIFFE 
: As I recall the Ingram inquiry could make no finding as to the nature of that gentleman’s activities in Samoa. However it is clear that his travel to Samoa was almost a year after Mr O’Connor’s consideration of his case. 
Dr the Hon Lockwood Smith 
: Was Mr Kaewbabpha an illegal overstayer who was granted a special ministerial direction for a 6-month work permit by the Associate Minister in September 2003 following representations by Taito Phillip Field was again granted a 3-month work permit in June 2004 on Mr Field’s representations and was later granted a 1-year work permit under special direction by the Associate Minister in August 2004 and did Taito Phillip Field inform the Minister when supporting Mr Kaewbabpha’s application for a long-term business permit in September 2005 that Mr Kaewbabpha had worked on Mr Field’s house in Samoa during May 2005? 
Hon DAVID CUNLIFFE 
: I am not aware of any confirmed advice that indicates Mr Kaewbabpha was known to have worked on Mr Field’s house when Mr O’Connor made his decisions. 
Dr the Hon Lockwood Smith 
: When did Taito Phillip Field reveal to the Minister that Mr Kaewbabpha an illegal overstayer for whom Mr Field made representations to the Associate Minister on 10 September 2003 14 October 2003 12 May 2004 3 August 2004 and 1 September 2005 had travelled to Samoa and worked on a house belonging to Taito Phillip Field in May 2005 and was ministerial discretion exercised appropriately in that case? 
Hon DAVID CUNLIFFE 
: What is not in question is that Mr Field’s representations on behalf of his cases were persistent and extended. Further the Prime Minister has already said that she considers errors of judgment to have occurred on the part of Mr Field. That is not at issue. What is at issue is whether discretion was properly exercised. There is no evidence that it was not. 
Dr the Hon Lockwood Smith 
: Does the Minister have any concerns that the repeated issuing of ministerial special directions for visas or permits for illegal overstayers may encourage those wanting to live and work in New Zealand to stay here illegally and how many of the 262 special directions made by the Associate Minister in response to the 438 representations by Taito Phillip Field between January 2003 and September 2005 involved illegal overstayers? 
Hon DAVID CUNLIFFE 
: The Department of Labour remains vigilant as to the activities and presence of illegal overstayers and that practice will continue. 
Jeanette Fitzsimons 
: I seek leave to table for the House the text of the motion that leave was refused for me to move earlier in the sitting day. 
Madam SPEAKER 
: Leave is sought. Is there any objection? There is objection.