Border exceptions for other critical workers

Annie Weston made this Official Information request to Ministry of Business, Innovation & Employment

The request was partially successful.

From: Annie Weston

Dear Ministry of Business, Innovation & Employment,

I applied for border exceptions for other critical workers - for a US Showrunner / Writer / Producer / Director / Actor who with his creative team wanted to film at the minimum a film and a TV series in NZ. Refer Godmother Ltd.

This would have provided 5-6 months of employment for 400+ New Zealanders and was worth $59 million to the economy. In addition they wanted to portray New Zealand as New Zealand, meaning our country and its culture would have been shown on an international streaming platform from a US perspective.

I was turned down because they do not have unique experience and technical or specialist skills that are not obtainable in NZ.

My question please: On what basis does INZ determine that these skills are obtainable in NZ? Please can you cite all sources of information used to make that decision.

Yours faithfully,

Annie Weston

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From: Ministerial Services
Ministry of Business, Innovation & Employment


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Ref: 2021-0863

 

Dear Annie,

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 21 October 2020 requesting under the Official
Information Act 1982 (the Act), the following:

 

“On what basis does INZ determine that these skills are obtainable in NZ? 
Please can you cite all sources of information used to make that decision”

 

Your request is being processed in accordance with the Act and a response
will be sent to you in due course. If you have any enquiries regarding
your request feel free to contact us via email [1][MBIE request email] or
using the contact details below.

 

Kind regards,

 

Declan Gormley

Workflow Advisor – Ministerial Services

Engagement, Communications and Ministerial Services, Corporate Governance
and Information

Email: [2][email address]  Ministry of Business, Innovation &
Employment

15 Stout Street, Wellington 6011 |  P O Box 1473 Wellington 6140

[3]cid:image004.jpg@01D10666.447C6950

 

 

[4]www.govt.nz - your guide to finding and using New Zealand government
services

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1. mailto:[MBIE request email]
2. mailto:[email address]
4. http://www.govt.nz/

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From: Adam Jones
Ministry of Business, Innovation & Employment


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Attachment Appendix DOIA 2021 0863.pdf
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Attachment DOIA 2021 0863 Response letter.pdf
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Dear Annie,

 

Attached is the response to your Official information request.

 

Kind regards

Adam Jones

Business Advisor

Border & Visa Operations - Immigration New Zealand

Ministry of Business, Innovation & Employment
[1][email address]|

[2]www.immigration.govt.nz  | 

 

NZBN 9429000106078

[3]http://thelink/how/PublishingImages/MBIE...

 

[4]www.govt.nz - your guide to finding and using New Zealand government
services

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References

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1. mailto:[email address]%7c
2. http://www.immigration.govt.nz/
4. http://www.govt.nz/

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From: Annie Weston

Dear Adam Jones,

Thank you for your reply.

I applied for border exemptions and was declined in July 2020.

The Amendment Circular 2020-31 did not come into effect until the 10th August 2020.

Please can you direct me to the relevant Circular effective at the time of your decision.

Likewise the H5 link is dated 9th October 2020 and differs from the information given in July 2020 so is irrelevant to me.

Can you also please outline the "variety of sources" you used in this particular determination, if any.

Yours sincerely,

Annie Weston

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From: Adam Jones
Ministry of Business, Innovation & Employment

Dear Annie,

Apologies for the delay in response.

Previous to this, there was no amendment circular with additional guidance. The Immigration Instructions remained the main guide for assessing these. I have linked below the instructions which would have been applicable at the time, dependent on when you applied.
https://www.immigration.govt.nz/opsmanua...
https://www.immigration.govt.nz/opsmanua...

While INZ is able to consult with a variety of sources where necessary, there is no prescribed list of who INZ may consult when conducting an assessment to make a decision. However, the onus remains on the employer to provide a complete submission with suitable evidence to back up their claims.

Kind regards
Adam

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