DOIA 2223 0750 Sarah Reid Response.pdf

7 December 2022
Ref: DOIA 2223-0750
Sarah Reid
[FYI request #20817 email]
Dear Sarah,
Thank you for your request made under the Official Information Act 1982 (the Act), which was
transferred under section 14 of the Act from the Office of the Minister of Immigration and the Office of
the Minister of Tourism to the Ministry of Business, Innovation and Employment (MBIE) on 12 October
2022 for the following information:
Please provide the following information as at Monday 10 October:
1. All information relating to the granting of exemptions to the border rules for ski industry
workers (including ski and snowboard instructors, ski patrol and safety specialists, snow
grooming and snowmaking machinery operators, and ski lift and snow sport technician) for the
winter 2022 season.
Please ensure this includes but is not limited to communication and documentation regarding:
a. any conditions agreed to regarding rates of pay for those granted an exemption b. any
conditions agreed to surrounding guaranteed hours of work for those granted an exemption c.
any other conditions agreed to in order for the exemptions to be granted
All information relating to the granting of critical purpose visas and subsequent granting of work
rights for ski industry workers (including ski and snowboard instructors, ski patrol and safety
specialists, snow grooming and snowmaking machinery operators, and ski lift and snow sport
technician) for the winter 2022 season.
Please ensure this includes but is not limited to communication and documentation regarding:
a. any conditions agreed to regarding rates of pay for those granted an exemption b. any
conditions agreed to surrounding guaranteed hours of work for those granted an exemption c.
any other conditions agreed to in order for the exemptions to be granted
Our Ministerial Services team emailed you on 26 October 2022 asking you to clarify your request and on
31 October 2022 you replied and agreed to refine the scope of your request as outlined to
1. All Briefings to the Minister’s Office(s) relating to the granting of exemptions to the border rules for ski
industry workers (including ski and snowboard instructors, ski patrol and safety specialists, snow
grooming and snowmaking machinery operators, and ski lift and snow sport technician) for the winter
2022 season that contain information regarding:
Labour, Science and Enterprise
15 Stout Street, PO Box 1473, Wellington 6140 New Zealand
E [email address]
W www.mbie.govt.nz

a. any conditions agreed to regarding rates of pay for those granted an exemption b. any conditions
agreed to surrounding guaranteed hours of work for those granted an exemption c. any other conditions
agreed to in order for the exemptions to be granted.
2. All Briefings to the Minister’s Office(s) relating to the granting of critical purpose visas and subsequent
granting of work rights for ski industry workers (including ski and snowboard instructors, ski patrol and
safety specialists, snow grooming and snowmaking machinery operators, and ski lift and snow sport
technician) for the winter 2022 season that contain information regarding:
a. any conditions agreed to regarding rates of pay for those granted an exemption b. any conditions
agreed to surrounding guaranteed hours of work for those granted an exemption c. any other conditions
agreed to in order for the exemptions to be granted.
We contacted you on 27 October 2022 to inform you that the due date for a response was extended
under section 15A(1)(a) and section 15A(1)(b) of the Act until 8 December 2022.
Although the scope of your request was narrowed to the Briefings to the Minister’s Office(s), we have
identified a few readily retrievable emails that we are also releasing to you as this may help to explain
the development of the policy. MBIE has identified twelve documents in scope of your request, which
are listed in the following document table:
#
Document
Date
Description/Title
Decisions as to release
Type
1
Briefing
28 April 2022
2122-4165 Weekly Report to
Some information withheld
the Minister of Immigration
under s9(2)(a) and pages 2-
and Associate Minister of
20 removed with
Immigration for the period
information out of scope
from 14 to 27 April 2022
2
Briefing
6 May 2022
2122-4252 MBIE Tourism
Some information withheld
Weekly Report
under s9(2)(a) and pages 2-
6 removed with information
out of scope
3
Briefing
12 May 2022
2122-4347 Border Exception
Some information withheld
Ministers – Amendments to
under s9(2)(a) and some
Class Exceptions

information is out of scope
4
Attachment 25 March 2022
Critical Workers for winter
Some information withheld
to the
2022 ski season (Critical
under s9(2)(a)
email of 25
Workforce Border Exception
March
Request)
2022
5
Briefing
8 April 2022
2122-3291 Immigration New
Some information withheld
Zealand Operational Manual
under s9(2)(a) and pages 6-
amendments requiring
14, 16-24 and 26-32
certification: Step 3
removed with information
Reconnecting New Zealand
out of scope
border exceptions
6
Briefing
13 June 2022
2122-4599 Immigration New
Some information withheld
Zealand Operational Manual
under s9(2)(a) and pages 6-
amendments requiring
13 removed with
certification: Expansion of ski
information out of scope

and Out of scope border
exceptions
7
Email
25 March 2022
FW: Border exception request -
Some information withheld
skilled workers for next ski
under s9(2)(a)
season SAANZ
8
Email
22 April 2022
RE: Border exception request -
Some information withheld
skilled workers for next ski
under s9(2)(a)
season SAANZ
9
Email
13 June 2022
RE: Update on boarder
Some information withheld
exception for Out of scope and
under s9(2)(a) and
ski workers
s9(2)(g)(i)
10
Email
10 May 2022
Expanded Border Exceptions
Some information withheld
for ski and Out of scope
as being out of scope
workers
11
Briefing
4 April 2022
2122-3185 Border Exception
Refused under section 18(d)
Proposals – transition to the
Accredited Employer Work Visa
12
Minute of
6 April 2022
Minute of decisions – meeting
Refused under section 18(d)
decisions
of Border Exception Ministers
related to the Briefing above
Please note some information has been withheld as out of scope and under the following sections of
the Act:
• 9(2)(a), to protect the privacy of natural persons, including that of deceased natural persons;
• 9(2)(g)(i), to maintain the effective conduct of public affairs through the free and frank
expression of opinions by or between or to Ministers of the Crown or members of an
organisation or officers and employees of any public service agency or organisation in the
course of their duty.
In terms of section 9(1) of the Act, I am satisfied that, in this circumstance, the withholding of any
information is not outweighed by other considerations that render it desirable to make the information
available in the public interest.
I am refusing the part of your request for 2122-3185 Border Exception Proposals – transition to the
Accredited Employer Work Visa under section 18(d) of the Act because the Briefing you have requested
is publicly available. The briefing is available at: https://www.mbie.govt.nz/dmsdocument/25090-
border-exception-proposals-transition-to-the-accredited-employer-work-visa-pdf
I am also refusing under section 18(d) of the Act the part of your request for Minute of decisions –
meeting of Border Exception Ministers of 6 April 2022 related to the Briefing above and publicly
available here: https://www.mbie.govt.nz/dmsdocument/25093-minute-of-decisions-meeting-of-
border-exception-ministers-6-april-2022-pdf
I trust you will find this information useful.
You have the right to seek an investigation and review by the Ombudsman of this decision, in
accordance with section 28(3) of the Act. Information about how to make a complaint is available at

www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely,
Kirsty Hutchison
Manager Immigration (Border and Funding) Policy
Labour, Science and Enterprise, MBIE