What does the NZ Passport entitle one to?

Nigel Gray made this Official Information request to Department of Internal Affairs

The request was successful.

From: Nigel Gray

Dear Department of Internal Affairs,
Recently, despite having a New Zealand passport and being a New Zealand citizen I was unable to return to New Zealand from Sydney, Australia because of government-imposed sanctions.
This raised three questions for me that I need answering. I looked to the Passport Act 1992 for answers, however this did not answer my questions.
The legislation defines a passport as "passport means a document that is issued by or on behalf of the Government of any country, and that purports to establish the identity and nationality of the holder; but does not include such a document that has expired or that has been cancelled". My first question is
1. Precisely what does a NZ Passport entitle a bearer to? The inside cover states "The Governor General in the Realm of New Zealand requests in the Name of Her Majesty The Queen all whom it may concern to allow the holder to pass without delay or hindrance and in case of need to give all lawful assistance and protection." However in this case I was not permitted to pass "without delay or hindrance" yet when I applied for and paid for this passport this is what I was obtaining the passport to enable.
2. Is there any law that permitted the overriding of this passport in this particular instance (the lockdown of New Zealand) and if so what is that law?
3. Given that this refusal to allow my entry during this time effectively invalidated my passport and rendered the statement on the inside cover useless, am I entitled to a refund for the costs I accumulated as a result of my refusal to be permitted entry and for the cost of the passport application since it was not honored by the NZ government?

Yours faithfully,

Nigel Gray

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From: OIA
Department of Internal Affairs

Tēnā koe Nigel,

Thank you for your OIA request to the Department of Internal Affairs (included with this email). You asked:

1. Precisely what does a NZ Passport entitle a bearer to?
2. Is there any law that permitted the overriding of this passport in this particular instance (the lockdown of New Zealand) and if so what is that law?
3. Given that this refusal to allow my entry during this time effectively invalidated my passport and rendered the statement on the inside cover useless, am I entitled to a refund for the costs I accumulated as a result of my refusal to be permitted entry and for the cost of the passport application since it was not honored by the NZ government?

Part 3 of your enquiry is not seeking official information subject to the Official Information Act 1982. In this part, you are asking the Department to form an opinion or create information. This part of your enquiry has not been accepted as an Official Information Act request but the Department will respond to you on this matter as a business enquiry.

The information you have requested in part 2 of your request is not held by the Department of Internal Affairs, but is believed to be held by, and more closely related to the functions of the Ministry of Health. We are transferring part 2 of your request to that agency for response, in accordance with section 14(b) of the Official Information Act 1982. You can expect to hear from the Ministry of Health shortly in regard to your request. If you would like to contact them directly, you are able to email them at [email address]

The Department will provide response to you in respect of part 1 of your request, as soon as practicable, and by no later than 8 September 2022

You have the right to seek an investigation and review by the Ombudsman of this decision to transfer. Information about how to make a complaint is available at https://aus01.safelinks.protection.outlo... or Freephone 0800 802 602.

Nāku, nā

Michelle Reed (she/her)  
Kaitohutohu Ārahi, te Ture Pārongo Ōkawa | Lead Advisor Official Correspondence 
Te Urūngi | Organisational Strategy & Performance
Level 6, 45 Pipitea St | PO Box 805, Wellington 6140, New Zealand |  www.dia.govt.nz

-----Original Message-----
From: Nigel Gray <[FOI #20206 email]>
Sent: Thursday, 11 August 2022 5:54 pm
To: OIA <[email address]>
Subject: Official Information request - What does the NZ Passport entitle one to?

[You don't often get email from [FOI #20206 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]

Dear Department of Internal Affairs,
Recently, despite having a New Zealand passport and being a New Zealand citizen I was unable to return to New Zealand from Sydney, Australia because of government-imposed sanctions.
This raised three questions for me that I need answering. I looked to the Passport Act 1992 for answers, however this did not answer my questions.
The legislation defines a passport as "passport means a document that is issued by or on behalf of the Government of any country, and that purports to establish the identity and nationality of the holder; but does not include such a document that has expired or that has been cancelled". My first question is 1. Precisely what does a NZ Passport entitle a bearer to? The inside cover states "The Governor General in the Realm of New Zealand requests in the Name of Her Majesty The Queen all whom it may concern to allow the holder to pass without delay or hindrance and in case of need to give all lawful assistance and protection." However in this case I was not permitted to pass "without delay or hindrance" yet when I applied for and paid for this passport this is what I was obtaining the passport to enable.
2. Is there any law that permitted the overriding of this passport in this particular instance (the lockdown of New Zealand) and if so what is that law?
3. Given that this refusal to allow my entry during this time effectively invalidated my passport and rendered the statement on the inside cover useless, am I entitled to a refund for the costs I accumulated as a result of my refusal to be permitted entry and for the cost of the passport application since it was not honored by the NZ government?

Yours faithfully,

Nigel Gray

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Kia ora Nigel,

 

Thank you for your request for official information which was transferred
from Te Tari Taiwhenua (Internal Affairs) and received by the Ministry of
Health on 24 August 2022. The Ministry’s reference number for your request
is H2022011076.    

 

As required under the Official Information Act 1982, the Ministry will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/ 

 

If you have any queries related to this request, please do not hesitate to
get in touch. 

 

 

Ngā mihi 

  

OIA Services Team 

M[2]inistry of Health information releases 
U[3]nite against COVID-19 

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Kia ora Nigel

 

Please find attached the response to your Official Information Act
request.

 

Ngā mihi

 

Alysha Stevenson | Advisor Official Correspondence

SDO Branch Development and Support Te Waka Aukaha   

The Department of Internal Affairs Te Tari Taiwhenua   
7 Waterloo Quay | PO Box 805, Wellington 6143|  [1]www.dia.govt.nz  

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Kia ora Nigel,

Please find attached the response for your request for official
information.

Ngā mihi

 

OIA Services

Government and Executive Services

Manatū Hauora

E: [1][email address]

 

 

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distribute or copy this message or attachments.
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immediately and delete this message.
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