Peters Winston: Questions for Oral Answer — Questions to Ministers 
Peters Winston: Questions for Oral Answer — Questions to Ministers 
[Volume:616;Page:12046] 
5.  
Rt Hon WINSTON PETERS (Leader—NZ First) 
 to the  
Prime Minister 
: Can she give any assurances given that citizenship and passport laws are currently being reviewed that permanent and temporary residency laws will also be reviewed consistent with concerns over national security; if so why? 
Rt Hon HELEN CLARK (Prime Minister) 
: 
 The Immigration Act and policy have safeguards that provide for the decline of residence or temporary entry permits where there are character or security issues. The Act also provides for the revocation of permits if character and security issues emerge after the person is already in New Zealand which the New Zealand Immigration Service was not previously aware of. The Government does not presently have these aspects of the law and policy under review. 
Rt Hon Winston Peters 
: Why would anyone have confidence in what the Government is doing or proposes to do when we have here a man called Zaoui who in the criminal chamber of the High Court of France—far superior to any authority that has been heard in this country—was firstly convicted of being accomplice to the falsification of administrative documents; secondly possession of stolen goods; and thirdly participation in an association of criminals with intent to prepare a terrorist act; and if that is the case and having regard to the article 1F(b) of the 1951 UN convention what on earth is this man doing in our country? 
Rt Hon HELEN CLARK 
: The member could also have added to that list the fact that the Swiss Government felt sufficiently strongly about Mr Zaoui’s presence to deport him to Burkino Faso having I understand chartered a plane to do so. The facts around Mr Zaoui are quite well known. He was detained when he arrived in New Zealand and he is still detained. A security risk certificate was issued against him and it would be rather nice if the inspector-general was able to be in a position to get on with the review so that decisions can be made. 
Dr Wayne Mapp 
: Will the Prime Minister be ensuring that the Minister of Internal Affairs briefs the National Opposition as he has been requested given the importance of this legislation in the war against terrorism and the need for a bipartisan approach on such matters? 
Rt Hon HELEN CLARK 
: I am sure that the Minister would be happy to brief the member and other interested members in due course. The matter is still being discussed within the Government but it would seem certain to me that some changes will need to be made to legislation. Changes are being considered not only for issues around national security but also I think around last year’s publicity about people deliberately targeting New Zealand as a place to come on temporary visas to have babies and get them citizenship which also raises questions of whether that sort of behaviour should be targeted in our law. 
Keith Locke 
: Why in the legislation just referred to will it be possible for a passport to be taken away from a New Zealand citizen on national security grounds even when that New Zealand citizen does not have a criminal record and no charges are being offered against that person? 
Rt Hon HELEN CLARK 
: There are grounds in the law now for revoking passports and the issue the Government is considering is whether those grounds need to be widened. I might point out that in Australia there is a provision for the refusal and cancellation of passports where the Minister of Foreign Affairs is satisfied that the person might prejudice the security of Australia. Similarly in the United Kingdom the Secretary of State can exercise his discretion on grounds of national security as to whether someone is entitled to have a passport. I also point out that the European Convention on Human Rights recognises national security as a ground for restricting the rights to freedom of movement. 
Rt Hon Winston Peters 
: Why would we have any confidence in what is about to be done by Government when the fourteenth chamber of the Court of Appeal in Brussels—again a far superior court to any that has heard any case in New Zealand—found that this man was guilty of being the head of a criminal association possessed two blank passports and a Danish passport all falsely and convicted him; and when the article in respect of the 1951 convention for Mr Robson’s sake clearly states that where a refugee claimant has committed a serious crime outside the country of refuge before being granted refugee status then he should not be entitled to refugee status? Why is this man still in our country and costing us hundreds of thousands of dollars? 
Rt Hon HELEN CLARK 
: The member is correct in asserting that the decision by the Refugee Status Appeals Authority to regard Mr Zaoui as a refugee is not in itself grounds for him remaining in New Zealand. That decision must be judged alongside a decision yet to be made by the Inspector-General of Intelligence and Security—because he cannot get to make that decision with all the litigation—as to whether the security risk certificate should be upheld. 
Keith Locke 
: I seek leave to table the 213-page report of the Refugee Status Appeals Authority which answers all the points that Mr Peters has just raised. 
Mr SPEAKER 
: Leave is sought for that purpose. Is there any objection? There is.