8 August 2024
Anna
[FYI request #27815 email]
Ref: PMO OIA 034-2024-25
Dear Anna
Official Information Act request: Access to Work in Australia for Permanent Residents
of New Zealand
Thank you for your request made under the Official Information Act 1982 (the Act), received
on 26 July 2024. You requested:
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
This office does not hold information relating to your request. I believe that such information
is held by the Rt Hon Winston Peters, as the Minister of Foreign Affairs. Accordingly, I have
decided to transfer your request to the Rt Hon Winston Peters, as the Minister of Foreign
Affairs, under section 14(b)(i) of the Act.
Rt Hon Winston Peters has the usual time limits from receipt of this transfer to make a
decision on your request.
Yours sincerely
Cameron Burrows
Chief of Staff
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