🔍 Archway-style Collections Search

Restructuring of the Labour Department and Overview of the Immigration Service

In 1987/1988 the Labour Department was restructured with the administration of immigration being devolved to the New Zealand Immigration Service as of October 1988. A review of the Labour Department recommended that its fundamental role should be to develop policies and, where necessary, mechanisms to ensure the "efficient, effective and equitable operation of the labour market" where market forces did not ensure this. The result of the review was a fundamental restructuring of the Department into five separate services: New Zealand Employment Service (ABUD), Training Support (ABVT), Occupational Safety and Health (ABQI), Industrial Relations (ABLC) and New Zealand Immigration Service. The General Managers of each service were responsible to the Chief Executive of the Department of Labour. Decision-making was decentralised and responsibility delegated to these individual services.

Prior to 1988 immigration services were delivered through the Head Office and 22 branches/district offices of the Department of Labour (AANK). Officers were also seconded to the New Zealand High Commissions and Embassies overseas. With the restructuring, the Immigration Service would operate under a General Manager's Office, three regional offices (in Auckland, Wellington and Christchurch) and four branch offices (in Manukau, Hamilton, Palmerston North and Dunedin). At the time of the restructuring, ten officers were seconded overseas.

The function of the Immigration Service has been to administer the Immigration Act 1987 and implement policies established by the Department of Labour Head Office. Its role is one of managing the flow of people into the country by processing/issuing visas and permits, providing information to possible migrants and investigating breaches of immigration laws.

The Service also became responsible for New Zealand's refugee programme (analysing refugee status claims and providing resettlement services). The Government accepts claims for refugee status (asylum) from people in New Zealand. The claims are assessed under the 1951 United Nations Convention and the 1967 Protocol Relating to the Status of Refugees. The Immigration Service assesses these claims, and appeals on decisions are referred to an independent Refugee Status Appeal Authority.

Immigration Act 1987

The Immigration Act 1987 was changed to place emphasis on the legal basis on which a person may be in New Zealand, the documentation and procedures non-citizens require, and the powers of the Minister and officials.
Decisions about the actual content of immigration policy were left to the government of the day.

The approach to immigration shifted from a restrictive to a more open one. Immigration was seen as a way to enrich the multicultural social fabric of New Zealand. Policy changed towards selecting immigrants on their personal merits rather than nationality. Business migrants were selected on their business record and contribution of investment capital.

The 1987 Act also made breaches of immigration law a civil rather than criminal offence. Generally, the emphasis changed to balancing effective enforcement and protecting individual rights. This act also regularised the status of permit holders and over-stayers granting them permanent residence (two thirds of the immigrants being granted a change of status were from the Pacific Islands).

The Act allowed for removal of people unlawfully in New Zealand. There were also mechanisms of appeal on legal or humanitarian grounds. The Deportation Review Tribunal hears appeals. Provision for the deportation of criminal offenders, persons threatening national security and suspected terrorists was maintained.

The 1987 revision also streamlined procedures for the determination of refugee status. The annual intake was set at 800 (women at risk, medical or disabled persons and refugees requiring protection). The Immigration Service assumed responsibility for the refugee reception centre at Mangere, which had been established in 1979 by the Department of Labour. The Government established 22 resettlement committees to assist migrants to find employment and accommodation. Organisations like the Inter Church Commission on Immigration and Refugee Resettlement (ICCI) were left free to concentrate on the domestic needs of refugees. In 1993, the Centre was established as a separate Branch and assumed all responsibilities relating to the processing and selection of quota refugees. Prior to this the Residence Section of the Service (operating from the General Manger's office) had administered the Refugee Programme.

Immigration Amendment Act 1991 and Subsequent Changes

A major review of immigration took place in 1991. This addressed permanent entry issues and the legislative framework for administering immigration and enforcement procedures. Outcomes were centred on new residence policies, enhanced compliance processes and the establishment of two independent immigration decision review authorities - Residence Appeal Authority and Removal Review Authority. The Refugee Status Appeal Authority was also established to hear applications by persons in New Zealand who wish to be recognised as refugees.

In the early 1990s, the Occupational Priority List was abolished and replaced by a points system for ranking general category migrants. Eligibility for immigration would now be determined by an accrual of points based on (among other things) educational background, language and occupational skills. The points system was designed to make the selection of immigrants more transparent and flexible in order to regulate the flow and composition. There were four categories under which residence could be assessed: General; Business Investment; Family, and Humanitarian. Overseas posts dealt with the business category.

The Immigration Service was furthered restructured in 1993 to respond to increasing numbers of tourists. Staff members were shifted overseas to diplomatic and consular posts in order to facilitate the processing of immigrant applications at their point of origin. In addition, the points system was once again refined to require a minimum level of points, competency in English, and capital. Also, in October 1993, the Mangere Refugee Reception Centre became responsible for all work related to Refugee Quota Applications.

In 1995, a quota was introduced on the points system and there was tightening on business migrants. A $20,000 bond was set as an incentive for non-English speakers to acquire language skills within a set period. A further review in 1998 abolished the language bond.

An Appeals Branch was responsible for the management of files relating to overseas applications made through overseas posts. In 1999 the Appeals Branch was dissolved and its functioning replaced by the authorities. This was to ensure the independence of the complaint and appeal processes. Support services for the authorities were moved into the National Office Operation Group.

New Zealand Immigration Service - Current Role and Functions

As of 2002, the Department of Labour (apart from the New Zealand Immigration Service) is structured into the:

·Office of the Chief Executive
·Labour Market Policy Group
·Employee Relations Service
·Workplace Health and Safety Group (including Occupational Safety and Health as well as Accident Insurance Regulator)
·Community Employment Group

As at the time of establishment in 1988, the New Zealand Immigration Service was still headed by a General Manager who reports to the Chief Executive.

The mandate of the Immigration Service is to administer the Immigration Act 1987, the Immigration Amendment Acts of 1991 and 1999, and regulations made under these Acts. A core function is "to manage the flow of people in and out of New Zealand" by:

·Assessing applications to visit or live in New Zealand (Residence applicants can apply under the general, business, family or humanitarian categories)
·Ensuring compliance with arrival and departure procedures and conditions relating to permits
·Removing people remaining unlawfully in New Zealand or have committed crimes likely to require deportation
·Determining claims for refugee status in New Zealand under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol. It also selects quota refugees and escorts them to New Zealand, as well as arranging for their accommodation and induction after they arrive in New Zealand.

The Immigration Service was structured into the following sections:

·National Office
·Visa/Permit Processing Branches
·Business Migration Branch
·Transitional Policy Processing Unit
·Settlement Branch
·Refugee Quota Branch
·Refugee Status Branch
·Appeals Authorities
·Border and Investigations Branch
·National Contact Centre (previously Call Centre and Information)
·Support Services (Financial Centre of Excellence)

The New Zealand Immigration Service has a National Office in Wellington and ten visa/permit processing branches throughout New Zealand. The National Office is responsible for developing and monitoring/reviewing immigration policy, as well as providing advice to Government and all Immigration Service staff regarding immigration matters. In 1991, the Service expanded to have several offices overseas. There are presently fourteen of these overseas visa/permit processing offices, with the Ministry of Foreign Affairs and Trade and the British Foreign Office also being contracted to process visa applications on behalf of the Service. The Service has a refugee centre in Mangere responsible for processing quota refugees.

All operational work connected with the processing of visa and permit applications work is handled at branch level. Visa and Immigration Officers make decisions on applications for entry.

The Business Migration Branch only processes applications falling under the four business policies: Long Term Business Visa or Permit; Investor; Entrepreneur; and Employees of Relocating Businesses.

The Transitional Policy Processing Unit was established in October 2000 in response to a Transitional Policy that allows for persons well settled in the country to regularise their status. The Unit was set up to process all applications received within the limited time frame of this policy.

The Settlement Branch of the New Zealand Immigration Service is a newly established section handling the dispensation of advice and information to prospective and approved migrants (pre and post settlement).

The Borders and Investigations Branch enforces and encourages compliance with the Immigration Act. Customs officers undertake primary immigration processing at the border as the Immigration Service's agent, but the Immigration Service handles complex or difficult cases.

Refugee services covers quota refugees and refugee status claimants. Quota refugees are those mandated by the United Nations High Commission on Refugees in accordance with United Nations 1951 Convention and 1967 Protocol. The Quota branch selects refugees and assists with their resettlement in New Zealand. The Refugee Status Branch makes the initial determination on claims for refugee status.

There are a number of appeal authorities independent of the Immigration Service:

·Residence Appeal Authority
·Refugee Status Appeal Authority
·Removal Review Authority

Support services are provided to these Authorities by the New Zealand Immigration Service.

The National Contact Centre located in Auckland is responsible for receiving customer enquiries regarding their applications. They process individual calls and letters as well as emails and web site queries.

New Zealand Immigration Service also provides the Financial Excellence Centre for the Department of Labour as a whole.

In addition to these sections or units within the Service, there are also several other advisory groups:

·Ministerials, Complaints & Courts Group (advising the Minister on individual cases questioning immigration decisions, deportation orders and revocations of residency)
·Business Information Group (providing business information to customers)
·Policy, Research and Development (developing policy advise for Government)
·Ministerial Advisory Groups (advising the Minister on community opinion on immigration policy)

Current Immigration Policy

For those who wish to migrate permanently to New Zealand, the current Government Residence Policy has four main categories under which prospective residents are considered. They are:

·General skills (often referred to as the 'points system')
·Business
·Family
·Family Quota

There are special residence categories - including the Samoan Quota Scheme, Pacific Access Category and Pitcairn Islanders.

The Government sets an annual global immigration target for residence approvals. In the year ended June 2000 this was set at 38,000 people which represented a net migration gain of 10,000 people a year.

Those seeking temporary entry are required to produce a valid passport or another form of recognised travel documentation. All visitors require a permit with exception of New Zealand and Australian citizens. Visitor permits are issued for short periods of time (for some countries, this requirement is waived) Students and those who wish work require the appropriate kinds of visas.

The Immigration Act, as amended in 1999, placed an obligation to leave on people who are in New Zealand unlawfully. Removals may be appealed on humanitarian grounds. The Act also provides for the deportation of people threatening national security, suspected terrorists or criminal offenders who are New Zealand residents. In addition, the 1999 amendments introduced a migrant levy for all those granted residency within the country.

In July 2012 the Department of Labour was merged into the Ministry of Business, Innovation and Employment.