Wilkinson Kate: Immigration Bill — Second Reading 
Wilkinson Kate: Immigration Bill — Second Reading 
[Volume:652;Page:1592] 
Hon KATE WILKINSON (Associate Minister of Immigration)  
on behalf of the  
Minister of Immigration 
: I move  
That the Immigration Bill be now read a second time 
. National has supported the review of the Immigration Act and we support this bill because we want New Zealand to have a robust and progressive immigration system. Through our membership on the Transport and Industrial Relations Committee we made a substantial contribution to the bill but it must be made clear that this bill is not a “party bill”; it does have broad support. It is a bill that will enable us to deliver on our campaign promise to create a world-class Immigration Service. 
I thank the members of the Transport and Industrial Relations Committee. It is evident from the changes to the bill that the committee worked tirelessly to review it and to give full consideration to public submissions. I must also give thanks to everyone in the public who made submissions on the bill. The public’s contribution highlights the importance of the Immigration Bill which will rewrite the foundation for our immigration system. 
The select committee has recommended a number of amendments to the bill. The Government supports these amendments because they will improve New Zealand’s immigration system making it fit for purpose now and into the future. I will elaborate on these amendments shortly. I can also advise that the Government plans to make some further changes to this bill as it progresses through its next stage. We will be making a number of minor and technical amendments to ensure that the drafting of the bill is as clear as possible and that it is consistent with the other legislation that has been passed since it was introduced. These changes are not significant but overall they are many. The Supplementary Order Paper will also address a matter raised by the select committee. It will enable a deportation order to be cancelled if appropriate. The Government supports this change as it will allow further flexibility and fairness in the deportation process. 
The bill rewrites the immigration legislation that provides the foundation for New Zealand’s ability to choose who may travel to enter and stay in New Zealand. It is increasingly important that this happens in a way that benefits all New Zealanders especially in this uncertain economic climate. Although the current immigration legislation will work for us until this bill is implemented this bill will help us to take immigration into the future. 
The immigration system manages the movement of people across New Zealand’s borders. Since the Immigration Act 1987 came into force the global movement of people has undergone considerable change. Travel is cheaper and more accessible. The flow of people around the world and to New Zealand has increased. Risks have also increased. The 1987 Act has been amended numerous times. Such amendments have included changes to the removal regime for people unlawfully in New Zealand and have strengthened provisions to prevent people from smuggling and trafficking. Major changes took place in 1999 with the introduction of New Zealand’s now highly regarded refugee status determination process. At that time Section 4A which enables the use of classified security information was also introduced. Further changes took place in 2003 with the introduction of the expression-of-interest approach to the selection of skilled migrants. 
Although all the amendments to the 1987 Act have led to improvements in the way the immigration system works they have been incremental and have resulted in increasingly complex legislation. The Immigration Act review has sought to address the problem of complexity by increasing the transparency of the legislation and future-proofing it so it is fit for purpose now and into the future. A core goal of the 1987 Act review has been to ensure that immigration legislation facilitates the travel entry and stay of the non-citizens that New Zealand wants and needs. It has also been to ensure that the legislation works to protect the security of the border against and facilitate the deportation of those non-citizens whom New Zealand deems to be undesirable. The security or compliance aspects of the bill may be seen to outweigh the human rights or facilitation aspects. This is because the facilitative aspects of the immigration system such as the rules and criteria for the granting of visas found in immigration instructions and settlement-related services provided or supported by the department are not visible in the bill. The Immigration New Zealand operational manual contains the detail of immigration policies and the facilitation aspects of the immigration system; it is available on the immigration website. 
The bill enables the development of immigration policies but does not contain them. The bill does however contain the provisions for responding to those non-citizens who are deemed undesirable or who do not comply with the immigration system. For this reason it is also prescriptive in areas such as deportation review and appeal. The bill is also prescriptive in the areas of compliance enforcement offences and penalties. This is because the Government needs to be clear about the powers that the police customs officers and immigration officers have and the rights of non-citizens in these circumstances. Consequently the immigration legislation may appear to be weighted in favour of compliance. 
The security-related provisions of the bill will not have an impact on New Zealand citizens as they provide an ability to appropriately manage non-citizens who fail to meet their immigration obligations and/or threaten New Zealand security. The security provisions of the bill are designed to enhance the integrity of the immigration system and to allow New Zealand to respond effectively to threats or risks to security. The ability in the bill to more effectively address these threats and risks and to enforce immigration obligations will provide a positive benefit for all New Zealand citizens and non-citizens who are lawfully in New Zealand. Most non-citizens in New Zealand are cooperative and compliant with regard to their immigration obligations. The security-related provisions in the bill will not have an impact on those non-citizens. The provisions are designed to effectively address those non-citizens who do not comply with their immigration-related obligations as well as those who pose a threat or risk to New Zealand security. 
In response to public submissions the select committee has recommended important changes to some provisions in the bill. Those of particular importance relate to the use of classified information and to the refugee and protection system. Comments from submitters indicated concern that the chief executive of any Government agency could certify information as classified information. Because of this concern the ability to do so has now been limited to the chief executives listed in security defence law enforcement and border agencies along with the Ministry of Foreign Affairs and Trade and the Department of Internal Affairs. It is important to understand where classified information may be used in decision making under the provisions of the bill: it is only where the Minister of Immigration determines that it relates to security or criminal conduct. This means that it will be used only where the safety or security of New Zealand or New Zealand’s law may be compromised. It is crucial that immigration refugee and protection decisions can be made on the basis of all available information in these cases. 
The select committee has recommended changes to the bill to give more weight to natural justice when classified information is used. A key change is that a summary of allegations will always be provided to an individual when classified information is used in relation to a residence decision a temporary entry decision about onshore applicants a refugee or protection matter or a deportation decision. The change will allow the individual to be informed of the allegations contained in the classified information prior to a decision being made about his or her status. The select committee has also recommended amending the bill to clarify that its classified information provisions do not rule out the application of the Ombudsmen Act Official Information Act or Privacy Act. 
A number of other changes by the select committee which should be supported by submitters have been made to the classified information system. For example the restriction on a special advocate lodging proceedings on behalf of an appellant has been lifted. There had been some concern over the ability of a special advocate to communicate with the person he or she was representing after the advocate had seen the classified information; at no point does the bill stop written communication between the two parties. 
The select committee received many submissions on the refugee and protection provisions in the bill. These were valuable in ensuring a more appropriate approach to the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment and to the International Covenant on Civil and Political Rights. Key changes have been made so that the codification of these obligations is more consistent with the wording of the obligations in these international instruments. The changes to the review and appeal rights— 
Mr DEPUTY SPEAKER 
: I am sorry but the Minister’s time has expired.