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Information request regarding variation of Section 49(1) conditions

Neil Tibbles made this Official Information request to Ministry of Business, Innovation & Employment

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From: Neil Tibbles

Dear Ministry of Business, Innovation & Employment,

I am writing to request the following information from MBIE.

1) How many holders of resident visas granted under the Migrant Investor Categories (Investor 1 and Investor 2) have had Section 49(1) conditions varied since July 2020?

2) Of the above-identified resident visa holders, how many of these concerned the visa holder’s “minimum period of time in New Zealand” condition? For the avoidance of doubt this includes varying the number of days required to be in New Zealand as well as the timeframe in which they were required to meet this condition.

3) Of the identified resident visa holders in "2" above, how many have had a reduction in the overall number of days reflected in the “minimum period of time in New Zealand” condition. Please also provide the date the visa holders' conditions were varied (month and year is acceptable, as long as the number per month is also provided).

4) Of those identified in "3" above, please provide the number of days reduced as well as their corresponding category (Investor 1 or Investor 2).

In responding to this request, please confirm whether records maintained by Operations Support, Porirua Office and Resolutions have been reviewed. In addition to the above records, please confirm whether a search of AMS Notes is able to be/has been conducted.

Finally, I have a suggestion should MBIE believe there is no way a thorough search could be completed without substantial collation or research. I do not wish to limit the manner in which this information is sought, however I would be happy to share my proposed method if needed.

Should you require any clarification of my request, please don't hesitate to reach out.

Yours faithfully,
- Neil Tibbles

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From: Ministerial Services
Ministry of Business, Innovation & Employment


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Ref: 2223-2219

 

Dear Neil Tibbles

 

On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 29 March 2023 requesting under the Official
Information Act 1982 (the Act), the following:

 

‘I am writing to request the following information from MBIE.

 

1) How many holders of resident visas granted under the Migrant Investor
Categories (Investor 1 and Investor 2) have had Section 49(1) conditions
varied since July 2020?

 

2) Of the above-identified resident visa holders, how many of these
concerned the visa holder’s “minimum period of time in New Zealand”
condition? For the avoidance of doubt this includes varying the number of
days required to be in New Zealand as well as the timeframe in which they
were required to meet this condition.

 

3) Of the identified resident visa holders in "2" above, how many have had
a reduction in the overall number of days reflected in the “minimum period
of time in New Zealand” condition. Please also provide the date the visa
holders' conditions were varied (month and year is acceptable, as long as
the number per month is also provided).

 

4) Of those identified in "3" above, please provide the number of days
reduced as well as their corresponding category (Investor 1 or Investor
2).

 

In responding to this request, please confirm whether records maintained
by Operations Support, Porirua Office and Resolutions have been reviewed.
In addition to the above records, please confirm whether a search of AMS
Notes is able to be/has been conducted.’

 

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.

 

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

 

 

References

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1. mailto:[MBIE request email]

Link to this

From: INZ OIAs
Ministry of Business, Innovation & Employment

Tçnâ koe Neil

Thank you for your email of 29 March 2023 requesting, under the Official
Information Act 1982 (the Act), the following information:-

“1) How many holders of resident visas granted under the Migrant Investor
Categories (Investor 1 and Investor 2) have had Section 49(1) conditions
varied since July 2020?

2) Of the above-identified resident visa holders, how many of these
concerned the visa holder’s “minimum period of time in New Zealand”
condition? For the avoidance of doubt this includes varying the number of
days required to be in New Zealand as well as the timeframe in which they
were required to meet this condition.

3) Of the identified resident visa holders in "2" above, how many have had
a reduction in the overall number of days reflected in the “minimum period
of time in New Zealand” condition. Please also provide the date the visa
holders' conditions were varied (month and year is acceptable, as long as
the number per month is also provided).

4) Of those identified in "3" above, please provide the number of days
reduced as well as their corresponding category (Investor 1 or Investor
2).

This is to advise you that the Ministry has decided to grant your request.
However, it will take us some time to prepare this information for
release.

We will send you the information requested as soon as it is ready and
without undue delay.

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[1]www.ombudsman.parliament.nz or freephone 0800 802 602.

 

 

Nâku noa, nâ

 

Madeleine

BUSINESS MANAGEMENT TEAM

Immigration New Zealand

Ministry of Business, Innovation & Employment

15 Stout Street, PO BOX 1473, Wellington 6140

NZBN 9429000106078

 

 

 

References

Visible links
1. http://www.ombudsman.parliament.nz/

Link to this

From: Neil Tibbles

Dear INZ OIAs,

Thank you for your reply yesterday stating MBIE has granted my request. I understand you are now preparing this information for release and will do so when ready.

Given it has now been 20 working days since making my request I presume this request has been extended under s15A of the OIA 1982. Can you please advise when the requested information will be provided or how long this extension is for?

Yours sincerely,

Neil Tibbles

Link to this

From: INZ OIAs
Ministry of Business, Innovation & Employment

Kia ora ano Neil

Thank you for your response and for asking the question.

A decision letter is not classed as an extension. It is a response to the request, made within the 20 working days, and informs the requester of the Ministry's decision on the request. It does fall under section 15 (1) (a) of the OIA as you noted.

We have already compiled the relevant information and are currently finalising it and putting it through a some additional checks to ensure it's as accurate as possible.

We are aiming to send you the information by the end of this week.

Nâku noa, nâ
Madeleine

-----Original Message-----
From: Neil Tibbles <[FYI request #22311 email]>
Sent: Tuesday, 2 May 2023 10:23 am
To: INZ OIAs <[email address]>
Subject: Re: DOIA 2223- 2219 decision on request [IN-CONFIDENCE: RELEASE-EXTERNAL]

Dear INZ OIAs,

Thank you for your reply yesterday stating MBIE has granted my request. I understand you are now preparing this information for release and will do so when ready.

Given it has now been 20 working days since making my request I presume this request has been extended under s15A of the OIA 1982. Can you please advise when the requested information will be provided or how long this extension is for?

Yours sincerely,

Neil Tibbles

-----Original Message-----

Tçnâ koe Neil

Thank you for your email of 29 March 2023 requesting, under the Official Information Act 1982 (the Act), the following information:-

"1) How many holders of resident visas granted under the Migrant Investor Categories (Investor 1 and Investor 2) have had Section 49(1) conditions varied since July 2020?

2) Of the above-identified resident visa holders, how many of these concerned the visa holder's "minimum period of time in New Zealand"
condition? For the avoidance of doubt this includes varying the number of days required to be in New Zealand as well as the timeframe in which they were required to meet this condition.

3) Of the identified resident visa holders in "2" above, how many have had a reduction in the overall number of days reflected in the "minimum period of time in New Zealand" condition. Please also provide the date the visa holders' conditions were varied (month and year is acceptable, as long as the number per month is also provided).

4) Of those identified in "3" above, please provide the number of days reduced as well as their corresponding category (Investor 1 or Investor 2).

This is to advise you that the Ministry has decided to grant your request.
However, it will take us some time to prepare this information for release.

We will send you the information requested as soon as it is ready and without undue delay.

You have the right to seek an investigation and review by the Ombudsman of this decision. Information about how to make a complaint is available at
[1]http://www.ombudsman.parliament.nz/ or freephone 0800 802 602.

Nâku noa, nâ

Madeleine

BUSINESS MANAGEMENT TEAM

Immigration New Zealand

Ministry of Business, Innovation & Employment

15 Stout Street, PO BOX 1473, Wellington 6140

NZBN 9429000106078

References

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1. http://www.ombudsman.parliament.nz/

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From: INZ OIAs
Ministry of Business, Innovation & Employment


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Attachment OIA 2223 2219 response.pdf
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Tēnā koe Neil

 

Please see attached the response to your request for information under the
Official Information Act 1982.

 

Apologies again for the delay.

 

Nāku noa, nā

Madeleine

 

BUSINESS MANAGEMENT TEAM

Immigration New Zealand

Ministry of Business, Innovation & Employment

15 Stout Street, PO BOX 1473, Wellington 6140

NZBN 9429000106078

 

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

 

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