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Requesting Character waiver SOP regarding Criminal record

Jiahao Ye made this Official Information request to Ministry of Business, Innovation & Employment

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From: Jiahao Ye

Dear Ministry of Business, Innovation & Employment,

I am writing to request clear guidance and a Standard Operating Procedure (SOP) related to the character waiver process, particularly for assessments involving criminal records.

Specifically, I would appreciate clarification on the following:

1. How does Immigration New Zealand (INZ) conduct a public interest assessment?

2. Are there particular offenses that automatically raise red flags with INZ? For example, in cases involving lower-end sentences, does the nature of the offense alone lead to a character waiver being declined? Or does INZ also take into account the specific circumstances surrounding the conviction?

3. In instances where a conviction is of a serious nature but involves a one-off incident with a lower-end sentence, under what circumstances would INZ determine that granting the waiver is not contrary to New Zealand's public interest?

I look forward to your guidance on this matter.

Yours faithfully,

Jiahao Ye

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From: NoReplyMinisterialServices
Ministry of Business, Innovation & Employment


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Kia ora Jiahao Ye,
 
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 22/11/2024 requesting, under the Official
Information Act 1982, the following:
Specifically, I would appreciate clarification on the following:

1. How does Immigration New Zealand (INZ) conduct a public interest
assessment?

2. Are there particular offenses that automatically raise red flags with
INZ? For example, in cases involving lower-end sentences, does the nature
of the offense alone lead to a character waiver being declined? Or does
INZ also take into account the specific circumstances surrounding the
conviction?

3. In instances where a conviction is of a serious nature but involves a
one-off incident with a lower-end sentence, under what circumstances would
INZ determine that granting the waiver is not contrary to New Zealand's
public interest?
 
We will endeavour to respond to your request as soon as possible, and no
later than 20/12/2024, being 20 working days after the day your request
was received. If we are unable to respond to your request by then, we will
notify you of an extension of that timeframe. If you have any enquiries
regarding your request feel free to contact us via email to
[1][MBIE request email].
 
Nāku noa, nā
Ministerial Services
Corporate Services, Finance  & Enablement
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]

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From: INZ OIAs
Ministry of Business, Innovation & Employment


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Kia ora Jiahao

 

Thank you for your email of 22 November 2024 requesting the following
under the Official Information Act 1982 (the Act):

 

Specifically, I would appreciate clarification on the following:

 

1. How does Immigration New Zealand (INZ) conduct a public interest
assessment?

 

2. Are there particular offenses that automatically raise red flags with
INZ? For example, in cases involving lower-end sentences, does the nature
of the offense alone lead to a character waiver being declined? Or does
INZ also take into account the specific circumstances surrounding the
conviction?

 

3. In instances where a conviction is of a serious nature but involves a
one-off incident with a lower-end sentence, under what circumstances would
INZ determine that granting the waiver is not contrary to New Zealand's
public interest?

 

In order for us to respond accordingly to your request and to provide you
with the exact information you are wanting, could you please clarify what
you mean by ‘public interest’?

 

Please respond to this clarification request by 6 December 2024.

 

Ngâ mihi,

Alex

 

MINISTERIAL SERVICES

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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From: Jiahao Ye

Dear INZ OIAs,

In the character waiver access process, the immigration officer will assess whether the applicant coming to New Zealand would be against the public interest, I would like to know how INZ determine whether the applicant will put New Zealand's public interest at risk.

Yours sincerely,

Jiahao Ye

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From: INZ OIAs
Ministry of Business, Innovation & Employment


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Kia ora Jiahao

 

Please find attached the response to your Official Information Act
request.

 

Ngā mihi,

Alex

 

MINISTERIAL SERVICES

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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