Cunliffe David: Immigration Bill — First Reading 
Cunliffe David: Immigration Bill — First Reading 
[Volume:641;Page:11231] 
Hon DAVID CUNLIFFE (Minister of Immigration) 
: 
 I move  
That the Immigration Bill be now read a first time. 
 Over the last 20 years the world has changed. There are greater flows of people around the world. There is greater global competition for skills talent and labour and of course there are heightened risks and pressures on the border. Those changes are real. They are significant. New Zealand needs to recognise the realities of the global labour market and the risks in the modern security environment. It is not a matter of either/or. We need to be better at managing both. That is why we need to adapt the immigration system to ensure the best outcomes for the country. That is why we are overhauling the system and introducing the most comprehensive rewrite of the legislation since 1987. 
The Immigration Change Programme of which this bill is a part is based on three pillars. First is legislative reform and this bill is a key element of that. Along with the Immigration Advisers Licensing Act it provides a solid legislative base for an immigration system fit for purpose and built to last now and into the future. Second is the ongoing strategic review of key immigration policies. A framework has been established to inform policy reviews that will enable immigration to continue to contribute to the goals of economic transformation families and building national identity. Third is the Immigration Business Transformation project. This project will lead to operational and process changes within the Department of Labour. It will seek to transform the business of immigration from end to end. 
This bill is the result of extensive consultation and reflects I think best practice in the development of legislation. In April 2006 the Government published a discussion document on the Act review. It asked for submissions on the key options for change. My officials travelled the country talking to people about those options. Indeed over 650 people attended those meetings and almost 4000 submissions were received from among others migrant and community organisations employers and their representatives and key national and international human rights organisations. I want to thank everybody who made submissions and contributed to developing the bill that is having its first reading today. I would like to thank also officials from my department and from across the Government for developing this framework legislation which I am pleased to say—and I appreciate—has widespread support. 
This is framework legislation. Since the arrival of the tangata whenua the first people of New Zealand the foundation was laid for a nation that would be built on successive waves of immigration. This foundation was built upon when the early settlers signed the Treaty of Waitangi with Maori in 1840. A nation benefiting from immigration continues to provide a basis for the immigration system today. Like the 1987 Act this bill is largely framework legislation with the detail of the Government’s immigration policies to be contained in immigration instructions. This is because the ways immigration can serve New Zealand’s interests may change over time. It is important that the legislation continues to provide that flexibility. But where clear minimum standards are required the bill is prescriptive in particular in areas such as international protection compliance and enforcement and detention and monitoring. However this bill is not about a false choice between facilitation versus security or security at the expense of all else. It is about achieving a balance between the best interests of all New Zealanders and the appropriate rights of individuals. Balance has I believe been achieved. I am pleased to say that I have been advised that this bill is consistent with the New Zealand Bill of Rights Act. 
This bill establishes provisions that protect the rights of New Zealand citizens to enter and remain in New Zealand. It will require all non-citizens to hold a visa to stay in New Zealand. The bill updates the provisions that exclude certain persons from coming to New Zealand to ensure that they are relevant and meet current international standards. It maintains the existing obligation on persons unlawfully in New Zealand to leave. The bill retains a role for the Minister of Immigration in individual decision-making that may be delegated. 
The bill establishes a single visa system that provides for greater simplicity and flexibility in managing non-citizens’ travel to and stay in New Zealand. The single term “visa” replaces the terms “visa” “permit” and “exemption” which can often be so confusing. The new visa system will ensure that all who come to New Zealand are accurately recorded and managed within the immigration system. Where the requirement to hold a visa for travel to New Zealand is waived non-citizens can be granted a visa at the border. 
The bill codifies New Zealand’s existing immigration-related obligations under the refugee convention the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights. This ensures that all claims for international protection will be assessed together. This change strengthens New Zealand’s already highly regarded refugee determination system. It reflects best-practice standards internationally. 
 The bill enables the future collection and use of biometrics subject to certain safeguards. It will not create a surveillance State but it will enable New Zealand to use new technology to help improve the integrity of the immigration system. Biometrics will be limited to the use of photographs at the border in the case of New Zealand citizens. New Zealand citizenship and New Zealand passports are valuable. We want to make sure their value is protected. 
I note that the biometric provisions along with some of the other new provisions of the bill will come into force by Order in Council. What that means is that although the provisions will sit in the bill and can be considered during the select committee process they will not be enacted automatically with the rest of the legislation. That is a safeguard added to provide an extra layer of security and it highlights how seriously the Government views those proposals. 
The bill allows certain classified information to be used with safeguards. It will be used only where appropriate open source information cannot be found. I do not expect the use of classified information to be widespread. I am advised that it has been used only once to date and will be used sparingly in future. The bill clearly defines classified information. It does not include gossip or hearsay. The Department of Labour already deals with information it receives from grumpy ex-partners or nosy neighbours. This information is not classified information now nor will it become classified information under the new legislation. 
The Government takes its commitment to human rights very seriously. I would like to emphasise the natural justice safeguards in the classified information provisions. They include first requiring a non-classified summary of any allegations to be disclosed to the person where possible prior to a decision even being made; second broad reasons for a decision being given along with information on any entitlement to appeal; third where a person can ordinarily access an appeal the tribunal is to be heard by a panel of up to three District Court judges on the new tribunal and the person can engage a special advocate to represent his or her interests in a confidential but informed way. The classified information provisions draw on current national and international standards and experience. They will allow decisions based on all available information and this is important. 
In regard to appeals the bill establishes a robust independent appeals system based on a new single immigration and protection tribunal that replaces the four existing appellate bodies. The new system maintains New Zealand’s high standards of fairness but unlike the current system the bill enables a single tribunal to consider all grounds of appeal for a single appellant and that will significantly streamline the process. The new appeals system will prevent people with no right to remain in New Zealand from delaying their departure for years and years through multiple appeals. 
I note that there has been some confusion about the compliance and enforcement provisions in the bill along with some questions as to why they are required. Let me clarify. As I have highlighted in the past ensuring integrity in the immigration system requires a balance between facilitating the entry and stay of people we want and being able to manage the exclusion of those people we do not want. The bill establishes flexible compliance and enforcement powers to enable the Department of Labour to access the people places and information required to ensure the integrity of the system. 
The bill enables a more relevant set of organisations to provide access to address information. It establishes a set of entry and inspection powers that enable only designated immigration officers to inspect records to ensure general compliance with the immigration law. Inspection powers are not search powers. Immigration officers will not be breaking down doors to access the information. 
The bill establishes more flexible fair and responsive detention and monitoring provisions. The bill creates a tiered system that includes a greater ability to use reporting conditions instead of secure detention. There is much work to do. A significant amount of planning and implementation is required. I intend that the bill be considered by the Transport and Industrial Relations Committee.