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Section 97(1)(b) Immigration Act refusals
Alex Harris made this Official Information Act request to Department of Labour
The request was partially successful.
From: Alex Harris
30 April 2012
Dear Department of Labour,
Section 97 of the Immigration Act 2009 gives the Chief Executive
the power to make decisions about who may board a craft for the
purposes of travelling to New Zealand. I would like to request the
following information under the Official Information Act 1982:
* The number of people in the last six months who have been denied
permisison under s97(1)(b) to board a craft for the purpose of
travelling to New Zealand
* the number of people in the last six months who have been granted
permission under s97(1)(c) to board a craft subject to conditions.
If this number is greater than zero, then I'd like either a
complete list of the conditions for each case, or if it is very
large, the most common conditions applied.
I would prefer to receive an electronic response. Queries about
this request will be automatically forwarded to me by the
fyi.org.nz website.
Yours faithfully,
Alex Harris
From: OIA GEMS
Department of Labour
18 May 2012
Dear Alex Harris
Attached is a copy of our response to you regarding your OIA request dated
30 April 2012.
Kind Regards
Rora-Sue Patu
Executive Ministerial Support Officer
Government Executive and Ministerial Support Department of Labour | Te
Tari Mahi Level 5, Aurora Chambers | 66 The Terrace | Wellington 6011 SR
57002 | PO Box 3705 | Wellington 6140
Tel: +64 4 915 6584
Email: [email address] OIA related Email: [email address]
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From: Alex Harris
18 May 2012
Dear OIA GEMS,
Thanks for your response. In relation to your response on
s97(1)(c), you might want to look at s97(3)(b), which explicitly
contradicts the answer you gave about New Zealand citizens. Is it
really DoL's position that it is breaking the law?
If this is not the case, I'd appreciate a correct answer to that
component of my request.
Yours sincerely,
Alex Harris
From: Anand Krishnan
Department of Labour
21 May 2012
Dear Mr Harris,
Thank you for your email to OIA GEMS of 18 May 2011 regarding the Department's letter of the same date, in response to your OIA request. I am responsible for responding to this matter.
I advise that you are correct in identifying a contradiction in the information in our letter and section 97(3)(b) of the Immigration Act 2009. The information in our letter was incorrect in this regard. I apologise for this error.
I advise that section 91(1)(c) does not pertain to the individuals set out in section 97(3)(b). Section 91(1)(b) and (c) pertains to individuals coming to New Zealand as temporary entrants. The conditions these temporary entrants are subject to are set out in the immigration instructions, which are publically available on www.immigration.govt.nz.
Kind regards
Anand Krishnan | Business Advisor - Operations Support | Intelligence, Risk & Integrity | Immigration Group Department of Labour | Te Tari Mahi 70 The Terrace | PO Box 111 | Wellington | New Zealand
Tel: +64 4 915 4636
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