Coleman Jonathan: Immigration Bill — Second Reading 
Coleman Jonathan: Immigration Bill — Second Reading 
[Volume:652;Page:1708] 
Hon Dr JONATHAN COLEMAN (Minister of Immigration) 
: 
 It is a pleasure to be able to speak on the Immigration Bill today. I have been heartened to hear that although there are some differences in opinion the bill definitely has broad-based support. As we have heard it has support because people understand the importance of the bill as the foundation for New Zealand’s immigration system. They understand the importance of immigration to New Zealand. It is a driver of economic growth and it assists us to meet a range of obligations to the international community. 
I reiterate the gratitude expressed in the House to all the people who have contributed to this bill. Literally thousands of people have had input into this legislation since the Immigration Act review began. The majority of those people have been members of the public members of ethnic organisations and members of a variety of law societies. What is impressive about that is it shows that there has been robust debate on the bill. Part of that debate has been heard here in the House during this reading and we have heard it during the speech from the Green Party. However I think it is important that where criticisms are levelled against the bill they do not misrepresent it—that they are not scaremongering. It seems to me that there has been a lot of scaremongering about the classified information provisions in the bill. 
I remind everyone here in the House today that the Part 4A processes under the current Immigration Act have only ever been used once. We have had the power to use these processes for 10 years and they have only ever been used just that one time. Do members know why? It is because the Immigration Service is good at finding the open-source information it needs in order to make decisions. 
I do not know why people think that just because of the provisions in this bill there will be a mad rush by the Government to use classified information left right and centre. I also do not know why people think the classified information provisions in this bill are so bad. Any person who cared to do a comparison would surely see that they are better than the Part 4A processes in the current Act. To start with there is an entitlement to a summary of allegations in most circumstances. The Transport and Industrial Relations Committee has ensured that unless a summary can be given for key decisions classified information cannot be used at all. The bill also provides access to a special advocate in any appeal or review proceedings. None of these provisions exists in the current Act. 
I do not want to dwell on the classified information processes; they are taking up more time than they deserve in the overall debate. The final thing I will address in relation to them is the blanket claim that under the legislation the High Court will be compelled to treat inaccurate classified information as accurate. I have just described some of the key safeguards in relation to the classified information provisions. At the heart of the safeguards is a clear and closely prescribed appeal and review process. Where classified information is used people will generally have the right to appeal its use to the Immigration and Protection Tribunal and/or the courts. In the context of those appeals the veracity and the accuracy of the classified information is able to be tested. People will be able to challenge its use in the decision made about them. 
What the bill does not allow is for people to challenge the accuracy of classified information in warrant of commitment hearings. The reason for this is to avoid multiple strings of challenge being used to obstruct the regular and proper decision-making process. Treating classified information as accurate in the context of a warrant hearing prevents delays in the warrant process and the decision-making process. 
I do not think there will be many circumstances where we will need to use classified information in a decision to detain someone but given that we are talking about people who are a risk or a threat to security or who are criminals I think it is pretty important that if we need to use it we do. I think most New Zealanders would agree with that. 
It has been disappointing to hear the criticisms from the Greens about the impact of the bill on refugees. It is pretty clear that the bill takes significant steps forward in providing for a robust refugee and protection system that takes account of New Zealand’s international obligations. The bill recognises not only New Zealand’s obligations under the refugee convention but also our immigration-related obligations under the convention against torture and the International Covenant on Civil and Political Rights. People seem to forget how positive that aspect and many other aspects of the bill are. Maybe I could remind people of some of those positive aspects. 
Firstly the bill does away with the visa permit and exemption system. That might not seem like such a big deal but it will make life easier for people dealing with immigration. Applicants and employers are two examples. 
The bill creates an interim visa. Where people put in an application and a decision is not made before their current visa runs out an interim visa can bridge the gap. This is important as it means people can remain lawfully in New Zealand and will have more certainty. 
The bill allows for automated decision-making with appropriate safeguards. This means that New Zealand will be able to put into place systems that compete favourably against other immigration systems internationally. Where appropriate we will be able to automate some decisions so that they will happen quickly. 
The bill also enables most people to remain lawfully in New Zealand throughout any appeal they might be undertaking. This is a significant change from the current system where often people have their permission to stay in New Zealand revoked before any appeal. 
These are just some of the positive aspects of this bill and it is worth mentioning that the bill’s deportation compliance and enforcement provisions will not apply to most people. Members may ask why not. It is because most people do the right thing. They have nothing to worry about because they are good honest people who comply with our immigration law. These are the people New Zealand wants and needs in order to build the economy. 
This bill is one part of a programme of work towards building a stronger immigration system for New Zealand. There are also a number of operational improvements that will support these legislative changes. Today I released the outcome of the review of the Immigration Service’s Pacific division. I have asked the chief executive to consider integrating all activities of the Pacific division back into the core of Immigration New Zealand. I will also be appointing an independent adviser to report to me on the chief executive’s actions in relation to the Pacific division and to monitor service performance. I have every confidence that the chief executive will take the actions necessary to restore the level of service and to restore full confidence in Immigration New Zealand’s Pacific operations. 
I acknowledge that the overwhelming majority of staff at Immigration New Zealand are hard-working honest and professional and that they do an excellent job for New Zealand ensuring that the right people come here to work live visit or study. Most people in the Immigration Service do the right thing. I think that was acknowledged here in the House in the speeches on this bill. I can assure the House that that acknowledgment is appreciated by the staff of Immigration New Zealand. 
The state of the global economy makes it more important than ever that the Department of Labour including Immigration New Zealand is in the best possible position and has the best possible systems in place to face the enormous challenges ahead. It is essential that we have as many New Zealanders in jobs as possible whilst ensuring we have the best possible skilled people from overseas in areas where it has been difficult to recruit locals. Immigration provides an important source of talent and skills to support the New Zealand economy. Having the right systems in place that leverage off this bill is important. Employers the international education system and the tourism industry amongst others rely on New Zealand having a world-class competitive immigration system. 
Immigration New Zealand has a programme of work under way to address longstanding under-investment in its people its systems and its business processes. This includes investment in its core application management system as well as a plan for investing in a modern information technology system to replace the application management system which will not be fit for its purpose in the future. In addition Immigration New Zealand will institute an end to end business process review to ensure the effectiveness and efficiency of its services. Supporting professional leadership and management capability in Immigration New Zealand will be a key aspect of this work. 
As my colleagues have stated the Government wants New Zealand to have a robust and progressive immigration system. This bill will help achieve that goal. The bill will provide a solid foundation but we recognise that there is other work to do. As members can see from the announcement made today this Government is committed to doing it. I look forward to the Committee stage of this bill and I know that the work is progressing well.