Changed immigration bill before Parliament

Press, 15 August 1986, Page 2

Changed immigration bill before Parliament

OLIVER RIDDELL

in Wellington

New immigration legislation, the first substantial change to the law since 1964, was introduced in Parliament yesterday. It continues the principle in the 1964 act that the legislation should provide only a framework within which policies are

administered and not the actual detail of -these policies.

A new Government immigration policy was tabled in documentary form in Parliament yesterday as well.

The new bill sets out the legal basis on which a person may be in NewZealand, the forms and procedures to be followed in making and deciding applications, and the powers of the Minister of Immigration and officials in applying the law. Until now, permits have been required to enter New Zealand. The bill changes that to requiring a permit to be in New Zealand.

That means that anyone not a New Zealand citizen will require a valid per-, mit at all times while

here unless, exempted from that requirement. Anyone who does not hold a permit or who is not exempt is deemed under this new le©slatiOE to be here “unlawfully.” The bill also changes the way people who are here unlawfully are dealt with. Until now such people have been dealt with by means of penal sanctions, deportation and permanent prohibition from entering New Zea-

land again. Under the bill, anyone here unlawfully does not thereby commit an offence. They win be dealt with in the civil courts rather than by criminal prosecution. Further, such a person win be liable for removal rather than deportation from New Zealand.

The Minister of immigration, Mr Burke, said that while the effect might be the same, the long-term result was different Anyone "removed” from New Zealand will be free to apply to come to New Zealand again any time after the end of five years, and the Minister win have the power to reduce that period in any individual case. The bill contains 145 clauses. About four years work has gone into it

The bin also enunciated “the absolute right” of a New Zealand citizen to be in New Zealand at any time and to come and go without permission.

To strike a balance between individual rights and effective enforcement the Government had

looked closely at me powers Of immigratim officers, said Mr Burke. Existing powers should be retained, and officers would be given new authority to inspect cenam

accommodation or employment records.

But after careful consderaijon the Government had decided not to confer upon immigration officials any more general powers of search or entry’ or arrest, Mr Burke said. Such powers would continiie to rest only with sworn police officers. No requirement would be imposed on employers or educational institutions to keep records on the immigration status of employees or students, but it would remain an offence to employ anyone knowing them to be here unlawfully. People will be granted permanent residence who arrived on or before August 14, 1983, and who have not been convicted of any criminal offence. People who arrived after that date and who overstayed will be entitled only to temporary permits.