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Access to Work in Australia for Permanent Residents of New Zealand

Anna made this Official Information request to Christopher Luxon

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From: Anna

Dear Christopher Luxon,

I am writing to you concerning the current situation related to the Trans-Tasman agreements between New Zealand and Australia. Specifically, I would like to address the issues concerning the rights of permanent residents of both countries, regulated by the Trans-Tasman Travel Arrangement (TTTA).

According to the TTTA, permanent residents of Australia automatically receive the right to enter, work, and study in New Zealand without the need for additional visas or permits. This right is based on the New Zealand Immigration Act 2009 and supported by subsidiary legislation such as the New Zealand Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010​ (Australia Embassy)​​ (NZ MoFAT)​.
However, permanent residents of New Zealand do not have similar rights in Australia. According to Australian immigration law, New Zealand permanent residents must obtain a visa to enter Australia, even for tourism purposes. This requirement is regulated by the Migration Act 1958 and the Migration Regulations 1994​ (NZ MoFAT)​​ (Australia Embassy)​.

This imbalance raises significant concerns among New Zealand permanent residents as they cannot enjoy the same rights and privileges that Australian permanent residents do. The issue of fairness and equity is central in this context. Currently, permanent residents of Australia have more privileges than those of New Zealand, making New Zealand appear as the weaker partner in the relationship.

In light of the above, I would like to know:

1) Does the New Zealand government plan to consider negotiating with the Australian government to improve the conditions for New Zealand permanent residents to eliminate the current imbalance?
2) Are there specific measures or strategies included in the recently adopted "Trans-Tasman Roadmap to 2035" aimed at addressing this issue? Will this matter be resolved in the near future?
3) Has this issue been raised in the "Trans-Tasman Roadmap to 2035" and is there a timeline for resolving it, particularly as per point 18 of the Joint Statement: Australia-New Zealand Leaders’ Meeting 2023, which mentioned the establishment of a joint working group to report by the end of June 2024​(Joint-Statement-ANZLM-2…)​?

Given international commitments to human rights and fairness, it is essential to ensure equal rights for all permanent residents. Strengthening these principles within the framework of the Trans-Tasman agreements would align with the spirit of partnership and cooperation between our countries​ (NZ MoFAT)​​ (NZ MoFAT)​.

Ensuring equal rights would also reinforce New Zealand's standing as an equal partner to Australia, rather than a weaker counterpart, in the eyes of the international community.

Thank you in advance for your attention to my inquiry. I look forward to your response.

Yours faithfully,

Anna

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From: Christopher Luxon (MIN)
Christopher Luxon

Kia ora Anna,

Thank you for your email received today, 25th July 2024, in which you submitted an Official Information Act request as follows:

1) Does the New Zealand government plan to consider negotiating with the Australian government to improve the conditions for New Zealand permanent residents to eliminate the current imbalance?
2) Are there specific measures or strategies included in the recently adopted "Trans-Tasman Roadmap to 2035" aimed at addressing this issue? Will this matter be resolved in the near future?
3) Has this issue been raised in the "Trans-Tasman Roadmap to 2035" and is there a timeline for resolving it, particularly as per point 18 of the Joint Statement: Australia-New Zealand Leaders’ Meeting 2023, which mentioned the establishment of a joint working group to report by the end of June 2024(Joint-Statement-ANZLM-2…)?

Your request is being considered in accordance with the Act, and you can expect a response by 22nd August 2024 (date determined by the OIA calculator).

Ngā mihi nui

Sonya Ford
Correspondence Lead Advisor | Office of Rt Hon Christopher Luxon
Prime Minister
Minister for National Security and Intelligence
Minister Responsible for Ministerial Services

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

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