Guy Nathan: Immigration Bill — Third Reading 
Guy Nathan: Immigration Bill — Third Reading 
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Hon NATHAN GUY (Minister of Internal Affairs) 
 on behalf of the  
Minister of Immigration 
: I move  
That the Immigration Bill be now read a third time 
. The review of the current Immigration Act started in late 2004. Now in 2009 the new Immigration Bill is having its third reading today. It is not a bad thing that the history of this bill has been lengthy. There has been extensive public consultation which shows the importance of getting this legislation right. It has also been the opportunity for this Government to make some key changes to the bill. I thank the hard-working officials the Transport and Industrial Relations Committee and my parliamentary colleagues right across the House. I also acknowledge the contributions that previous Ministers of Immigration have made. 
The aim of the Immigration Act review was to modernise and future-proof our immigration legislation. The future is upon us and this bill has never been more important. It is vital that we have legislation that allows us to protect the security of New Zealand’s border and the integrity of our immigration system. We must also manage immigration in a fair and balanced way. This bill allows us to do all of those things. 
One of the reasons that the Government’s aim to create a world-class immigration system is so important is the essential contribution that immigration makes to New Zealand. Consider for instance the fact that between 2001 and 2006 60 percent of New Zealand’s workforce were migrants. In the crucial age group between 25 to 34 years all of the growth came from migrants. In 2005-06 migrants contributed an amazing 68 percent more in taxes than they received in benefits and services a net financial contribution from our migrant population of about $3.3 billion. Immigration also plays an invaluable part in the success of our tourism industry and the export education industry. Along with the economic contribution that immigration makes a world-class immigration system is also important to the Government’s goal of bringing expat New Zealanders home. We want to make it easy for them to come home and to bring their families with them. 
The current Immigration Act was written before the New Zealand Bill of Rights Act. It contains a number of provisions that may be inconsistent with that Act. For example the current Immigration Act has a provision that enables forced inoculation. That provision has not been carried over into this bill. 
The Government was concerned about the practical implications of a recent Supreme Court decision that required a complex humanitarian test to be applied by immigration officers at the final point of removing an overstayer. That is why the Government’s Supplementary Order Paper 32 included amendments to the Immigration Act 1987 in relation to the cancellation of a removal order and to the provisions in the bill relating to the cancellation of a deportation order. There is a formal process that allows most overstayers to lodge a humanitarian appeal within 42 days of becoming overstayers if there is good reason they should not leave New Zealand. The time for overstayers to raise concerns is not at the last minute before they board the plane. Expecting an immigration officer to apply a complex legal case at that time is just not practical. However immigration officers will still take account of New Zealand’s recent relevant international obligations when executing removal or deportation orders if an overstayer gives information relevant to those obligations to the officers. The amendments to the bill have made this clear. 
Immigration legislation will always create debate. It is about people. But we must always remember that the Government’s decisions about immigration are made in the best interests of New Zealand and our people. Balanced with the sovereign right of the New Zealand Government to make immigration decisions the bill clearly and closely prescribes the rights of foreign nationals. For those who do the right thing the compliance aspects of the bill should not be of concern. However to address the circumstances where people do the wrong thing and seek to abuse our openness and generosity the provisions are necessary. 
For example there has been some discussion in the House around the use of biometric information. Most people have nothing to fear about the use of biometrics as that information should actually facilitate quicker and easier interaction with the immigration system. The bill contains robust safeguards for the collection storage and use of biometrics. On the other hand for those who seek to abuse the system we know that paper-based identity documents are inadequate to manage risk. The use of biometric information should help us identify those who seek to commit identity fraud. The use of biometric information is regarded as being essential to a modern immigration system. 
There are several other positive changes to the current legislation that I would like to highlight today. The bill’s purpose is to manage immigration in a way that balances the national interest as determined by the Crown and the rights of individuals. This statement strikes at the heart of what I have been talking about in the House today. The bill establishes a universal visa system that maintains flexibility in managing people’s travel to New Zealand and to stay here. It removes the distinctions between the categories of visa permit and exemption and uses the single term “visa”. This change will make life easier for migrants to New Zealand as “visa” is widely accepted and understood by them. The bill introduces a new concept in allowing interim visas to be granted for the purpose of maintaining the lawful status of foreign nationals when they have applied for a further visa and their application is being considered. This indeed is a very positive change. 
The bill creates a streamlined deportation process that balances efficiency with fairness. In most cases the bill allows foreign nationals to remain lawfully in New Zealand and continue to work or study if they are permitted to do so if they appeal. The bill allows for liability for deportation to be cancelled or suspended at the discretion of the Minister and suspended on appeal by the tribunal. A suspension may be used to put foreign nationals who are liable for deportation on a form of good behaviour bond. The bill creates a new independent appeals body the Immigration and Protection Tribunal to replace the four existing appeals bodies. It essentially maintains the existing rights to appeal but creates a more streamlined appeals process. 
A huge number of people have made contributions to this bill. That is why I am comfortable in saying that it is a bill for all of New Zealand. On behalf of the Minister of Immigration the Hon Jonathan Coleman I thank the members of the public who have made submissions the officials from the Department of Labour and other Government agencies who have worked on this legislation the Transport and Industrial Relations Committee which clearly has done a lot of work on considering the legislation and these important changes my ministerial colleagues who have had input and members of the Opposition whom I have acknowledged. 
On that note this third reading is the final step in the parliamentary phase of the review of the Immigration Act. It has been a long time coming. The implementation work will begin next. I look forward to that and to the new systems that the bill provides for and putting them in place. On behalf of the Minister of Immigration I am pleased to commend this bill to the House.