Papatoetoe Race Relations Day celebrations.
In October 2013, the Minister of Immigration introduced
a bill to amend the 2009 Act. The bill aims to address
gaps in compliance, to explore new technology, and
to address the exploitation of migrant workers. While
proposals to address worker exploitation are welcome,
other changes have the potential to tilt the carefully
achieved balance between rights protections and
security.
The Immigration Amendment Bill (No 2) will make it
an offence to exploit migrants holding temporary work
visas. Advocates for migrant workers have welcomed
the measures, saying that a crack down on exploitation
could not come soon enough. Under the Bill, employers
who exploit workers could be jailed for up to seven
years, fined up to $100,000 and possibly deported.
Victims will be encouraged to provide evidence of
exploitative workplace practices – and when assessing
eligibility for a further visa, immigration officers may in
certain circumstances overlook relevant periods in the
victim’s immigration history where he or she may not
have complied with visa conditions.
The Bill also proposes amendments that will provide
for enhanced search powers for immigration officers,
changes to the way biometric information is collected,
the use of electronic notifications and changes to the
way passenger information is provided at the border.
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A significant change proposed in the Bill will limit the
ability of some individuals to review immigration decisions.
The Bill makes it clear that the ability to request personal
information under the Privacy Act 1993 does not apply
to the reasons given for decisions made using “absolute
discretion” (as defined in section 11 of the Immigration
Act 2009). Until recently reasons were generally provided
to ensure transparency and to respect the principles of
natural justice. The Government has said the intention
of the Immigration Act 2009 is to limit the rights and
protections available to individuals disenfranchised from
the immigration system.
Changes in settlement support
In 2013, the way Aotearoa New Zealand supports new
migrants was put under scrutiny.
Immigration New Zealand undertook reviews of the
regional settlement strategies in Auckland and Wellington,
as well as the nationwide Settlement Support New Zealand
initiative. The Auditor-General also undertook a review to
assess how well Immigration New Zealand was doing to
support new migrants.36
These reviews revealed that most migrants find work and
settle well in Aotearoa New Zealand and that improved
central and regional coordination has led to better services