Faafoi Kris; Rurawhe AdrianIMMIGRATION (COVID-19 RESPONSE) AMENDMENT BILLSecond ReadingHon KRIS FAAFOI (Minister of Immigration): I present a legislative statement on the Immigration (COVID-19 Response) Amendment Bill.SPEAKER: That legislative statement is published under the authority of the House and can be found on the Parliament website.Hon KRIS FAAFOI: I move That the Immigration (COVID-19 Response) Amendment Bill be now read a second time.Can I begin by thanking members of the Education and Workforce Committee for their work on this bill in the abbreviated time frame for submissions. I would also like to thank those who took time and effort to make submissions on this legislation.This is a bill that will ensure that the Government can continue to respond adequately and appropriately and efficiently to the immediate immigration issues arising from the outbreak of the COVID-19 pandemic. It complements the extensive immigration powers that the Government already has to make and implement policy decisions relating to future visa applications and also to change the visa conditions for individuals through continuing to enable the Minister of Immigration if appropriate to change visa conditions with classes of existing visa holders and to grant new visas to classes of visa holders.The select committee I understand received 168 submissions from a range of organisations and individuals and heard in person from 43 submitters. I am aware that many submitters shared their concerns—many personal to themselves—that some families are separated on each side of New Zealand's border and that some temporary visa holders offshore cannot enter New Zealand. I note that the powers in this bill do not manage the border exceptions policy settings which govern who can enter New Zealand and our managed isolation but I do acknowledge the groups and individuals taking the select committee process as an opportunity to tell their story.I also note that many submitters addressed the use of the powers for visa holders onshore. Many of those issues did not however relate to the use of the powers and some could be addressed through a range of other policy options that I could consider such as new Cabinet decisions on policy settings.I also note in the National Party's minority view from the select committee that neither I nor officials provided current numbers of temporary visa holders onshore. Can I assure the National Party that that was not by intent. I understand that officials provided them promptly once they were asked for and that they advised the select committee that there are approximately 236000 individuals holding temporary visas onshore of whom 23000 held visitor visas and 182000 had work rights. Of course the powers can benefit people offshore as well—and I note that 5500 people offshore have had their resident visa travel conditions extended for example.The current global pandemic situation continues to evolve and I think it would be a brave person who would say that we will be back into a 2019 travel environment even in a year or 18 months from now. Most submitters broadly supported the bill and recognised the need for the powers to continue; although I do acknowledge that a significant proportion felt that the powers should be extended for a year only and one submission suggested that they be extended for only six months.The legislative statement sets out the safeguards surrounding the exercise of the powers and we also addressed them when we debated the bill in its first reading. I would like to remind the House again however that one very important safeguard is that in making special directions I must be satisfied that the exercise of the power is reasonably necessary to manage the effects or deal with the consequences of the outbreak of COVID19 measures under enactments to contain or mitigate the outbreak of COVID19 or its effects or other measures in New Zealand or elsewhere to contain or mitigate the outbreak of COVID-19 or its effects in New Zealand. This means that the powers are time-limited and would be even if there was no expiry date and they can only be exercised as long as the pandemic continues to affect New Zealand. I would also remind the House that I must also be satisfied that the exercise would not disadvantage the class or classes of persons to which they relate.Given the global uncertainty over the progress of the virus and its variants a further 12-month extension would mean I would have to bring further legislation before the House in 12 months' time—probably on a longer time frame than this bill—meaning we would be debating it again possibly even later this year. I would prefer to spend the House's time and my own officials' time on a more comprehensive review of our legislation with regard to lessons learnt from this pandemic.Some submitters proposed that the regulation suspending the ability to apply for certain temporary entry-class visas offshore not be extended. I am sympathetic to the concerns that they raised. However I note again that this restriction can be lifted earlier in whole or in part if warranted and also of course that people who are invited to apply for visas can do so.A number of submitters also proposed that the special direction powers should be exercised more widely for broader groups of migrants and also that there should be some provisions around the use of the powers such as issues that I should take into account for notice periods. I would note that the powers are exercised at my absolute discretion and that explicit provisions of that sort could bring that discretion into question. However I can advise the House that I've been broadly taking a number of factors into account when I consider this exercise of a discretion—and to date these have included the Government's policy priorities for the labour market and the economy the practical measures on managed isolation where applicable and whether there are other mechanisms for achieving outcomes such as new Cabinet decisions on policy settings or through intervention in individual cases.Can I acknowledge the concerns made by a number of submitters regarding implementation and communication issues for the use of the powers to date. This has been a year of learning both for the Government and the public sector and we will continue to put those learnings into effect. In particular my officials are continuing to work to ensure that time frames allow for more proactive communications and for systems updates to occur before the changes have legal effect.The select committee has recommended by a majority that the bill be reported back unamended. I am grateful for the committee's work considering the bill and the submissions in this compressed time frame.Finally I would like to reiterate that the powers contained in this bill are necessary to ensure that we can be flexible and efficient in responding to the impacts of COVID-19 and the immigration system. I commend the bill to the House.DEPUTY SPEAKER: The question is that the motion be agreed to.