Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Immigration powers raise Bill of Rights issues

Immigration powers raise Bill of Rights issues


The Immigration Amendment Bill (No 2) triggers Bill of Rights issues, the New Zealand Law Society says.

One of the bill’s key aims is to address the exploitation of migrant workers, with proposed section 277A used to expand the power of immigration officers to do so.

The Law Society is disquieted about the proposed extension of immigration officers’ powers to conduct a search without a warrant to include the search of any premises such as houses, and the ability to demand answers to questions in certain circumstances.
The Law Society says the conferral of these powers breaches the right to be free from unreasonable search and seizure and to remain silent, guaranteed by the New Zealand Bill of Rights Act 1990.

The bill allows an immigration officer, upon entering premises, the power to require certain categories of person to answer questions about immigration status and legality of employment.

This may make the person a “detainee”, potentially exposing the person questioned to criminal prosecution.

Law Society spokesperson Dr Rodney Harrison QC told the select committee considering the bill that powers to search private premises without a warrant should be granted only in exceptional cases where the need is clearly justified.

“Without these circumstances, any intrusion should occur only with prior and independent authorisation,” Dr Harrison says.

The Law Society recommends that the proposed section 277A ensures any questions put by an immigration officer cannot be used in proceedings against the person interviewed and that it expressly specifies matters that can be addressed.

The bill also proposes that if a visa is pending, an applicant must inform of any relevant fact or material change in circumstances.

Under the proposed bill the minister could deport an immigrant worker for any relevant information that is concealed, leaving no room for innocent omissions.

Ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Also, Loan Interest: Productivity Commission On Tertiary Education

Key recommendations include better quality control; making it easier for students to transfer between courses; abolishing University Entrance; enabling tertiary institutions to own and control their assets; making it easier for new providers to enter the system; and facilitating more and faster innovation by tertiary education providers... More>>

ALSO:

Higher Payments: Wellington Regional Council Becomes A Living Wage Employer

Councillor Sue Kedgley said she was delighted that the Wellington Regional Council unanimously adopted her motion to become a Living Wage employer, making it the first regional council in New Zealand to do so. More>>

ALSO:

Scoop Images:
Dame Patsy Reddy Sworn In As Governor-General

This morning Dame Patsy Reddy was sworn in as the New Zealand Realm’s 21st Governor-General. The ceremony began with a pōwhiri to welcome Dame Patsy and her husband Sir David Gascoigne to Parliament. More>>

ALSO:

Ruataniwha: DOC, Hawke's Bay Council Developer Take Supreme Court Appeal

The Department of Conservation and Hawke's Bay Regional Investment Company (HBRIC) are appealing to the Supreme Court over a conservation land swap which the Court of Appeal halted. More>>

ALSO:

With NZ's Marama Davidson: Women’s Flotilla Leaves Sicily – Heading For Gaza

Women representing 13 countries spanning five continents began their journey yesterday on Zaytouna-Oliva to the shores of Gaza, which has been under blockade since 2007. On board are a Nobel Peace Laureate, three parliamentarians, a decorated US diplomat, journalists, an Olympic athlete, and a physician. A list of the women with their background can be found here. More>>

Gordon Campbell: On The Key Style Of Crisis Management

At Monday’s post Cabinet press conference Key was in his finest wide- eyed “Problem? What problem?” mode. No, there wasn’t really a problem that top MPI officials had been at odds with each other over the meaning of the fisheries policy and how that policy should be pursued... More>>

ALSO:

Mt Roskill: Greens Will Not Stand In Likely Post-Goff By-Election

“The Green Party’s priority is changing the Government in 2017, and as part of that we’ve decided that we won’t stand a candidate in the probable Mt Roskill by-election... This decision shows the Memorandum of Understanding between Labour and the Green Party is working." More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news