Franks Stephen: Identity (Citizenship and Travel Documents) Bill — Second Reading Instruction to Committee In Committee 
Franks Stephen: Identity (Citizenship and Travel Documents) Bill — Second Reading Instruction to Committee In Committee 
[Volume:625;Page:20116] 
STEPHEN FRANKS (ACT) 
: 
 I just want to address a point made by the Green member Keith Locke picking up a theme that was run by the Hon Matt Robson about whether Part 1 establishes a high threshold or whether it establishes a very hostile—I think that was the word he used—tone. I raise that because I have already spoken about the apparent absence of a power for the Minister to welcome with open arms people who are very attractive to this country but I do not think it is possible to call the criminal conviction standard anything other than unimaginably wussy. 
New section 9A “Disqualifying convictions” inserted by clause 8 prohibits the Minister from granting citizenship if: “(a) the person was sentenced on conviction to—(i) a term of imprisonment of 5 years or more; or (ii) an indefinite term of imprisonment capable of running for 5 years or more;”—in other words preventive detention—“or (b) within the preceding 7 years the person was subject to a sentence of imprisonment of less than 5 years or was subject to release under subpart 2 of Part 1 of the Parole Act 2002; or (c) within the preceding 3 years the person was convicted of an offence but did not receive a sentence of imprisonment.” 
 The reason I say that is that this focus on imprisonment is actually a focus on people who are pretty serious criminals. The average New Zealand prisoner has had nine previous convictions before his or her first prison sentence so that to get a conviction and sentence of 5 years a pretty serious offence has to be committed. I do not understand why the provision simply does not state that except in the most extraordinary circumstances any imprisonable offence should disqualify. 
Indeed I think there would be many good immigrants who would say that any offence whatsoever should disqualify. I deliberately went out and asked two groups of Chinese about what they thought of our immigration law. They were really amazed and embarrassed by the tolerance the New Zealand system shows to people they describe as ratbags. They did not want ratbags staying in New Zealand letting them all down and damaging the reputation of their people. It was unbelievable to them that after their arrest their feet touched the ground before they were ejected. 
Yet here we have a situation whereby new section 9A as I read it tells the Minister to keep people out only when they are really serious ratbags. Is this another one of those United Nations rules? We do not expect Australians to take New Zealanders if they have been convicted of offences. We do not like it when they eject our ratbags and send them back here; we hate it. But we realise that that is just the way it works. 
Hon Paul Swain 
: We evict a lot actually. 
STEPHEN FRANKS 
: We do evict a lot but what I am surprised at I tell Mr Swain—because I know that he will understand this very well—is that the Minister who has the discretion in this legislation to authorise a grant of citizenship to people who have been convicted which is a pretty big concession has to wait until those people have been given a 5-year sentence preventive detention or a sentence of less than 5 years but have had parole in the previous 7 years. Why is it simply not any conviction unless the Minister is satisfied that the person has actually turned his or her life around and is living a blameless existence? 
We do not need offenders. We are perfectly capable of growing our own. In fact we are very good at it. We have the second-highest rate of imprisonment in the Western World so we do not need to import more. I am baffled about why the Minister is being told in this legislation to apply such a high standard and even more baffled about why Mr Robson and Mr Locke are busy telling us that this legislation is giving evidence of hostility to people who want to become New Zealand citizens.