DEPORTATION LIABILITY for TEMPORARY and RESIDENCE VISA HOLDERS for driving offences
Terry Bourke made this Official Information request to Ministry of Business, Innovation & Employment
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From: Terry Bourke
Dear Ministry of Business, Innovation & Employment,
Kia ora,
I have obtained an MBIE report [Independent Review of Immigration New Zealand’s Residence Deportation Liability Process] authored by Michael Heron QC dated 25/09/19. The report deals with potential streamlining process for immigration deportation liability decisions.
I refer to this link: https://www.mbie.govt.nz/dmsdocument/7011- independent-review-of-immigration-new-zealands-residence-deportation-liability-proces
Within that report (page 38) there is a data table showing three-year’s worth of information of deportation liability outcomes for [residence visa holders] for first time driving charges.
I seek data, encompassing 2016 to present:
1. The number of all [temporary entry process, i.e. temporary visa holder] driving offenders (be they first time driving charges, or second or subsequent charges), that MBIE became aware of;
2. And of that number, how many were served or deemed served with a Deportation Liability Notice (a DLN);
3. And of that number served or deemed served, what was the outcome [DLN cancelled, DLN suspended, or deported];
4. And of that number [suspended] what was the average suspension time.
I also seek from 2016 to present:
5. The number of all [residence visa holder] driving offenders (be they first time driving charges, or second or subsequent charges), that MBIE became aware of;
6. And of that number, how many were served or deemed served with a DLN;
7. And of that number served or deemed served, what was the outcome [DLN cancelled, DLN suspended, or deported];
8. And of that number [suspended] what was the average suspension time.
Yours faithfully,
Terry
From: Ministerial Services
Ministry of Business, Innovation & Employment
Ref: 2122-1351
Dear Terry,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of the 5^th of January 2022 requesting under the
Official Information Act 1982 (the Act), the following:
“I have obtained an MBIE report [Independent Review of Immigration New
Zealand’s Residence Deportation Liability Process] authored by Michael
Heron QC dated 25/09/19. The report deals with potential streamlining
process for immigration deportation liability decisions.
I refer to this link:
[1]https://aus01.safelinks.protection.outlo...
independent-review-of-immigration-new-zealands-residence-deportation-liability-proces
Within that report (page 38) there is a data table showing three-year’s
worth of information of deportation liability outcomes for [residence visa
holders] for first time driving charges.
I seek data, encompassing 2016 to present:
1. The number of all [temporary entry process, i.e. temporary
visa holder] driving offenders (be they first time driving charges, or
second or subsequent charges), that MBIE became aware of;
2. And of that number, how many were served or deemed served
with a Deportation Liability Notice (a DLN);
3. And of that number served or deemed served, what was the
outcome [DLN cancelled, DLN suspended, or deported];
4. And of that number [suspended] what was the average
suspension time.
I also seek from 2016 to present:
5. The number of all [residence visa holder] driving offenders
(be they first time driving charges, or second or subsequent charges),
that MBIE became aware of;
6. And of that number, how many were served or deemed served
with a DLN;
7. And of that number served or deemed served, what was the
outcome [DLN cancelled, DLN suspended, or deported];
8. And of that number [suspended] what was the average
suspension time.”
Your request is being processed in accordance with the Act and a response
will be sent to you in due course.
Please note that the days from 25 December 2021 to 15 January 2022
(inclusive) are defined as non- working days in the Act and are not
counted in the calculation of the maximum timeframe for our response to
your request. This will affect the time period for responding to your
request.
If you have any enquiries regarding your request feel free to contact us
via email [2][MBIE request email] or using the contact details below.
Nâku noa, nâ
MINISTERIAL SERVICES
Ngâ Pou o te Taumaru
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 | P O Box 1473 Wellington 6140
[3]www.govt.nz - your guide to finding and using New Zealand government
services
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From: INZ OIAs
Ministry of Business, Innovation & Employment
Kia ora Terry,
Please find attached a response to your Official Information Act 1982
(OIA) request sent to us on 5 January 2022
Nga Mihi,
BUSINESS MANAGEMENT TEAM
Immigration New Zealand
Ministry of Business, Innovation and Employment
15 Stout Street, PO Box 1473, Wellington 6140
NZBN 9429000106078
[1]www.govt.nz - your guide to finding and using New Zealand government
services
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Any opinions expressed in this message are not necessarily those of the
Ministry of Business, Innovation and Employment. This message and any
files transmitted with it are confidential and solely for the use of the
intended recipient. If you are not the intended recipient or the person
responsible for delivery to the intended recipient, be advised that you
have received this message in error and that any use is strictly
prohibited. Please contact the sender and delete the message and any
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From: Terry Bourke
Dear INZ OIAs,
Question 1 has not been answered - how many temporary class visa holders did MBIE become aware of....
Question 3 - Table 2 - the first column heading makes no sense - DLN cancelled / no / yes / total.
Question 3 - Table 2 - what does 'Other' encapsulate ?
Question 5 has not been answered - how many residence class visa holders did MBIE become aware of....
Question 7 - Table 3 does not make sense. Example - year 2016, only 6 x DLN's were served, but 134 were suspended. Do you mean pre-DLN service that liability was suspended perhaps ?
Yours sincerely,
Terry Bourke
From: INZ OIAs
Ministry of Business, Innovation & Employment
Kia ora Terry,
Please find attached a further response to your concerns noted below.
Please let us know if you require anything further
Nga mihi,
BUSINESS MANAGEMENT TEAM
Immigration New Zealand
Ministry of Business, Innovation and Employment
15 Stout Street, PO Box 1473, Wellington 6140
NZBN 9429000106078
-----Original Message-----
From: Terry Bourke <[FOI #18102 email]>
Sent: Monday, 7 March 2022 12:45 pm
To: INZ OIAs <[email address]>
Subject: Re: OIA 2122-1351 [IN-CONFIDENCE: RELEASE-EXTERNAL]
Dear INZ OIAs,
Question 1 has not been answered - how many temporary class visa holders did MBIE become aware of....
Question 3 - Table 2 - the first column heading makes no sense - DLN cancelled / no / yes / total.
Question 3 - Table 2 - what does 'Other' encapsulate ?
Question 5 has not been answered - how many residence class visa holders did MBIE become aware of....
Question 7 - Table 3 does not make sense. Example - year 2016, only 6 x DLN's were served, but 134 were suspended. Do you mean pre-DLN service that liability was suspended perhaps ?
Yours sincerely,
Terry Bourke
-----Original Message-----
Kia ora Terry,
Please find attached a response to your Official Information Act 1982
(OIA) request sent to us on 5 January 2022
Nga Mihi,
BUSINESS MANAGEMENT TEAM
Immigration New Zealand
Ministry of Business, Innovation and Employment
15 Stout Street, PO Box 1473, Wellington 6140
NZBN 9429000106078
[1]https://aus01.safelinks.protection.outlo... - your guide to finding and using New Zealand government services
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1. https://aus01.safelinks.protection.outlo...
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Any opinions expressed in this message are not necessarily those of the Ministry of Business, Innovation and Employment. This message and any files transmitted with it are confidential and solely for the use of the intended recipient. If you are not the intended recipient or the person responsible for delivery to the intended recipient, be advised that you have received this message in error and that any use is strictly prohibited. Please contact the sender and delete the message and any attachment from your computer.
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