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Why are South African residents in NZ being discriminated against compared to those in OZ?

M.R.M. made this Official Information request to Mark Mitchell

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From: M.R.M.

Dear Mark Mitchell,

South African passport holders resident in New Zealand, who are 16 years and older, who need fo apply for a new passport because their South African passport has expired and who apply from outside of South Africa, must complete a full set of fingerprints form (DHA-9).

It used to be the case that new passport applicants could download the abovementioned blank forms from the website of the South African High Commission in Wellington. From there they would write the required information on the form and then visit their local Police Station and have an officer authorised to take fingerprints capture theirs on the form.. The completed and fingerprinted form would then be posted to the South African High Commission together with the completed passport application form, two passports photographs and the expired passport, together with a bank cheque covering the relevant fee. An affordable, efficient and speedy way in other words to apply for a new adult South African passport.

Against the abovementioned backdrop I was honestly and understandably deeply shocked to have learnt over the course of the past few days that: the past few days that;

1. All New Zealand resident South African adult passport applicants MUST travel to Wellington.to meet with a South Africa High Commission staff member who is purportedly now the only persons permitted to take fingerprints. (Supposedly there is a South African Government Regulation underpinning this apparent legal requirement but I have not been able to find a copy of it anywhere on the internet), and, I frankly do not believe it even exists)..

2. The duration of the appointment with a South Africa High Commission staff member is 15 minutes. The distance from Hamilton where I live and Wellington where the South Africa High Commission is based is 524 km's (via SH 1). This journey takes at least 7 1/4 hours to complete (with a single bathroom and/or refreshment break).

3. I have been told on good authority that the ONLY reason South African adult passport applicants MUST travel to Wellington is that the New Zealand Police refused (a long time ago) and for no apparent or explained reason, to continue providing the service of taking fingerprints for the purpose of South African passport applications.

4. The cost of a new South African adult passport is $114. How do I, or any other New Zealand resident South African needing to apply for a new South African passport, justify the cost of travelling down to Wellington, return, when knowing that even at the cheapest prices doing this journey by air plane, train or car will blow the aforementioned, reasonable, fee 'out of the water' to a cost of more than $1,000. (The passport applicant I am trying to assist does not like plane or train travel, and doing this journey by car will of course necessitate a night spent at a cheap motel as travelling 1,048 km.'s in less than 15 hours (allowing for the 15 minute appointment) would be a most reckless and dangerous thing for any driver to do.

Minutes before starting to draft this information request I read the following advice at the Canberra South Africa High Commission website; "Fingerprints can be taken at the nearest police station ... To obtain the DHA-9 finger print form please send a self-addressed, prepaid, ordinary post envelope (A4 size with correct postage stamps) or an express post envelope, to the South African High Commission, State Circle, Yarralumla, Canberra 2600. Please include a cover note requesting the form and quoting applicant(s) full name and RSA ID number(s)"

I strongly believe that South African residents in New Zealand are suffering discrimination when comparing the New Zealand Police's apparent policy to the Australian Police's apparent policy on taking fingerprints for the purpose of applying for a new adult South African passport. Kindly therefore provide me with the following information under the Official Information Act:

1. A copy of the law, regulation, policy or other legal and/or official instrument or directive that records the apparent decision by New Zealand Police not to continue taking fingerprints for the purpose described above.

2. The cause and reason for the apparent decision by New Zealand Police not to continue taking fingerprints for the purpose described above.

3. What consultation did the New Zealand Police do with the parties affected by the apparent decision by New Zealand Police not to continue taking fingerprints for the purpose described above.

4. Confirmation of the date on which the law, regulation, policy or other legal and/or official instrument or directive took effect.

5. Copies of all relevant New Zealand Police internal correspondence and other related documents as well as all relevant New Zealand Police external correspondence and other related documents (with the likes of, but not limited to, the South African High Commission, Wellington and Dr. Motsoaledi, Minister of Home Affairs, Pretoria, South Africa, and, the South African High Commission, Canberra, Australia on the matters outlined in this request).

Regards, MRM

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From: Mark Mitchell (MIN)
Mark Mitchell

Thank you for contacting the Hon Mark Mitchell, Minister for Police,
Corrections, Emergency Management and Recovery and MP for
Whangaparâoa.  The Minister considers all correspondence important and
appreciates you taking the time to write. 

Please note that as Minister Mitchell receives a large amount of
correspondence it is not always possible to personally reply to all
emails.  This email is an acknowledgement of your correspondence.

The following guidelines apply:

 1. Portfolio related correspondence will be considered and responded to
where appropriate.
 2. Invitations and requests to meet with the Minister will be processed
as soon as possible and a staff member will be in contact with you in
due course.  It has been noted that your invitation/request has been
received.
 3. Media queries will be responded to by a staff member.
 4. Requests for official information will be managed in accordance with
the provisions of the Official Information Act 1982, which may include
transfer to a more relevant Minister or agency.
 5. If your email falls outside of the Minister’s portfolio
responsibilities, expresses a personal view, or is copied to multiple
Members of Parliament, then your opinion will be noted and your
correspondence may be transferred to another office, or there may be
no further response to you.
 6. If your correspondence is to the Minister as an MP for Whangaparaoa,
this will be referred to his electorate office.

 

Thank you again for taking the time to write.

 

Kind regards,

Office of Hon Mark Mitchell

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From: Police


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Dear MRM

 

Thank you for your correspondence of 6 May 2024 seeking advice on why NZ
Police no longer takes fingerprints for South African citizens to procure
new passports. You requested:

 

1.  A copy of the law, regulation, policy or other legal and/or official
instrument or directive that records the apparent decision by New Zealand
Police not to continue taking fingerprints for the purpose described
above.

2.  The cause and reason for the apparent decision by New Zealand Police
not to continue taking fingerprints for the purpose described above.

3.  What consultation did the New Zealand Police do with the parties
affected by the apparent decision by New Zealand Police not to continue
taking fingerprints for the purpose described above.

4.  Confirmation of the date on which the law, regulation, policy or other
legal and/or official instrument or directive took effect.

5.  Copies of all relevant New Zealand Police internal correspondence and
other related documents as well as all relevant New Zealand Police
external correspondence and other related documents (with the likes of,
but not limited to, the South African High Commission, Wellington and Dr.
Motsoaledi, Minister of Home Affairs, Pretoria, South Africa, and, the
South African High Commission, Canberra, Australia on the matters outlined
in this request).

 

The change in practice is the result of South African Government
legislation that dictates the that only the South African High Commission
staff are authorised to take fingerprints for applications for passports.
Therefore NZ Police is no longer able to provide this service. As the
change is the result of South African Government legislation, and not that
of NZ Police or government, your request for information is refused under
s18(e) of the Official Information Act, as the information does not exist.

 

Any request for information about the reason for only authorising South
African High Commission staff to take fingerprints is best directed to the
South African High Commission in Wellington. The following link will take
you to the High Commission contact details via the MFAT website:
[1]https://www.mfat.govt.nz/br/countries-an...

 

Ngā Mihi,

 

Police – Correspondence Administrator | Office of Hon Mark Mitchell

Minister of Corrections | Minister for Emergency Management and Recovery

Minister of Police | MP for Whangaparaoa
 

Website: [2]www.Beehive.govt.nz

Private Bag 18041, Parliament Buildings, Wellington 6160, New Zealand

 

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