Guy Nathan: Immigration Amendment Bill — First Reading 
Text is incorporated into the Bound Volume 
Guy Nathan: Immigration Amendment Bill — First Reading 
[Sitting date: 03 May 2012. Volume:679;Page:1950. Text is incorporated into the Bound Volume.] 
Hon NATHAN GUY (Minister of Immigration) 
: 
 I move  
That the Immigration Amendment Bill be now read a first time. 
 I nominate that the Transport and Industrial Relations Committee consider the bill. At the appropriate time I intend to move that the committee report back finally to the House on or before 10 September 2012. 
People-smuggling is a transnational crime that grossly undermines a country’s sovereign right to determine who crosses into its territory. It circumvents border security and threatens the integrity of the immigration system. It also puts the lives of those who are smuggled in extreme danger. New Zealand has not yet experienced a mass arrival but attempts have been made as has been evidenced by recent events which I will address shortly. The bill is one component of a wider package of policy measures aimed at deterring people-smuggling. It will assist in deterring people-smuggling by making New Zealand a less desirable target. It will also enable the effective and efficient management of a mass arrival of illegal immigrants should this occur. 
In introducing this legislation I would like to focus the House’s attention on three points regarding a mass arrival of people being smuggled to New Zealand. A mass arrival is possible but less likely under these changes. A mass arrival is not in the best interests of New Zealand or those being smuggled given the safety risks. A mass arrival should be deterred and indeed if it does happen it should be managed effectively and efficiently. 
We know that New Zealand has been in the sights of people-smugglers in recent years. Ten Chinese asylum seekers were trying to sail to New Zealand from Malaysia just last month. As well we had the 90 Sri Lankan asylum seekers who were intercepted in Indonesia last year and shown on television holding up signs saying they wanted to come to New Zealand. That indeed illustrates the risk. Ten illegal migrants may seem like a small number but once such an arrival has been achieved New Zealand could be seen as a more attractive option for like-minded people. 
It is not only small boats that may be involved as Canada found out a couple of years ago when a steel-hulled freighter sailing from Thailand was intercepted off the coast of British Columbia with around 500 people on board all of whom claimed asylum. If people-smugglers can reach Canada they can certainly reach New Zealand. Our distance and perceived remoteness does not make us immune to such risks. We need to make sure that we properly address and mitigate those risks. 
New Zealand has a sovereign right to determine who enters our country whether as visitors students skilled or business migrants or refugees under our annual refugee quota. We welcome genuine immigrants. We facilitate the entry and stay of legitimate workers students and visitors. We grant residence to those who have the skills investment and abilities to contribute positively to our New Zealand economy and our society as a whole. But although the vast majority of people who wish to enter New Zealand do so for genuine reasons others have ulterior motives. We need border protection measures to prevent these people from entering and we need tough measures to deter groups of illegal immigrants from travelling to New Zealand. 
People-smugglers do not care for a country’s sovereignty or laws because they can make big money from other people’s desperation. They do not care about those they smuggle. Boat people tragedies in various parts of the Pacific over the last few years highlight the need for a robust regional response to people movements refugee resettlement and illegal migration. Ongoing illegal movements of people en masse in Asia-Pacific are not in the region’s best interests. New Zealand cannot be seen as a soft touch in the region. The Government of course is committed to upholding New Zealand’s obligations under international law and New Zealand’s reputation as a good international citizen. We will continue to accept 750 refugees per year through the United Nations High Commissioner for Refugees process. This is the appropriate way to come to New Zealand as a refugee and we expect proper immigration processes to be followed.  
 The bill I am introducing today balances protecting our borders and upholding our international obligations. It contains a range of measures to deter people-smuggling making it unattractive for people-smugglers to target New Zealand but it does not jeopardise the process for those who make a genuine claim for refugee or protection status. The Ministry of Justice has also advised that the Immigration Amendment Bill is consistent with the New Zealand Bill of Rights Act. The Immigration Amendment Bill will also enable officials to better manage the immediate risks posed by a mass arrival of illegal immigrants and will streamline the complex administration of such a situation. 
The bill proposes several key changes to the Immigration Act. Firstly it identifies that illegal immigrants will be subject to the changes if they are a group of 11 or more people arriving together all with the intention of arriving together by an unscheduled service. 
Secondly the bill allows for mandatory detention under a group warrant issued by a District Court judge for an initial period of up to 6 months with the possibility of further detention for periods of up to 28 days or release into the community on binding conditions. Detention will enable the relevant agencies to inquire as necessary into the background of illegal immigrants pending decisions on refugee or protection claims. This will help to confirm identity or assess whether illegal immigrants pose a risk to national security or public safety. Although mandatory detention may seem like a strong stance to take it will not be used for arbitrary purposes and will be used only for as long as necessary as decided by the District Court judge. Detention could be at the Mangere Refugee Resettlement Centre in Auckland or a defence or correctional facility. The bill also allows for exceptions to mandatory detention where this is warranted. 
Thirdly the bill will allow the processing of asylum claims to be suspended for a group of people where for example information for determining a refugee or protection claim is not immediately available due to the conditions within their country which could be as an example in a state of flux. These measures do not apply to unaccompanied minors who will be dealt with under the existing processes. 
The bill also streamlines various aspects of existing legislation in terms of refugee and protection claims and appeals generally to increase efficiency. 
In addition to these changes set out in the bill there are also going to be some policy changes. Those granted refugee or protection status as part of mass arrival will initially be granted a 3-year temporary visa rather than residence. Their status will be reassessed after 3 years and if their reassessment is successful only then may they apply for residence. Those granted residence after reassessment will be able to sponsor only immediate family which is a partner or dependent children for entry to New Zealand rather than the wider family such as siblings or parents as those granted residence under refugee categories are otherwise able to do. 
In conclusion this bill sends a strong message to people-smugglers that New Zealand is indeed not a soft touch and that illegal immigrants are not welcome. The bill’s provisions make it unattractive for people-smugglers to target New Zealand but if illegal immigrants do make it here the provisions also uphold our international obligations in terms of considering refugee and protection claims. I commend the Immigration Amendment Bill to the House.