Whether provisions concerning “acting otherwise than in good faith” in New Zealand immigration law were subject to human rights and discrimination review
Winnie made this Official Information request to Ministry of Justice
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From: Winnie
Dear Ministry of Justice,
I request official information under the Official Information Act 1982.
Please deal with the following 2 parts separately.
Part 1: Provisions in the 2009 Immigration Bill concerning acting otherwise than in good faith
The scope of this part is limited to the parts concerning acting otherwise than in good faith in the relevant provisions inserted into or amended in the Immigration Bill by Supplementary Order Paper No 32 on 15 September 2009.
This request covers the relevant Immigration Bill provisions and their corresponding provisions in the Immigration Act 2009 after enactment, including clauses 125, 130, 176C and 178 of the Immigration Bill, and sections 134, 140, 197 and 200 of the Immigration Act 2009.
Please provide official information held by the Ministry of Justice showing whether the provisions within the above limited scope were subject to a New Zealand Bill of Rights Act 1990 consistency review, analysis relating to section 7 of that Act, a Human Rights Act 1993 review, a human rights assessment, or a discrimination assessment.
Where such a review, analysis, or assessment took place, please provide the corresponding review, analysis, or assessment material.
Part 2: Provisions or proposals concerning bad faith or acting otherwise than in good faith in Parliamentary Paper J.24
The scope of this part is limited to the parts concerning bad faith or acting otherwise than in good faith in Parliamentary Paper J.24: Proposed policy additions to the Immigration (Enhanced Risk Management) Amendment Bill and in the policy proposals described in J.24.
Please provide official information held by the Ministry of Justice showing whether the provisions or proposals within the above limited scope were subject to a New Zealand Bill of Rights Act 1990 consistency review, analysis relating to section 7 of that Act, a Human Rights Act 1993 review, a human rights assessment, or a discrimination assessment.
Where such a review, analysis, or assessment took place, please provide the corresponding review, analysis, or assessment material.
Yours faithfully,
Winnie
From: OIA@justice.govt.nz
Ministry of Justice
Tēnā koe,
Thank you for contacting the [1][Ministry of Justice request email] mailbox at the
Ministry of Justice.
This automatic message is to confirm we have received your email - we hope
to acknowledge you and advise next steps within two working days.
Please note that this mailbox is not monitored on weekends, public
holidays or between 17:00 and 08:00 hours on working days. Official
Information Act requests can take up to 20 working days to receive a
response. If the Ministry needs more time, we will inform you.
Ngā mihi,
Communications and Ministerial Services | Corporate Services
Ministry of Justice
Justice Centre I Aitken Street
DX Box SX 10088 I Wellington
[2]www.justice.govt.nz
References
Visible links
1. mailto:[Ministry of Justice request email]
2. http://www.justice.govt.nz/
From: Winnie
Dear Ministry of Justice,
If part of this request is more appropriately answered by another agency or Minister, please transfer that part under section 14 of the Official Information Act 1982.
Yours faithfully,
Winnie
From: OIA@justice.govt.nz
Ministry of Justice
Tçnâ koe Winnie,
Thank you for emailing the Ministry of Justice (the Ministry).
We acknowledge receipt of your request under the Official Information Act
1982 (the Act).
This has been forwarded onto the Operational Service Delivery team to
respond to.
The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after the response has been sent you. Your name
and any other personal information will be withheld under Section 9(2)(a)
(protect the privacy of natural persons) of the Act. If you do not want
the response to your request published on the Ministry’s website, please
contact us on receipt of this email.
You can expect a response by 15 June 2026.
Ngâ mihi nui,
Ministerial Services
Communications and Ministerial Services | Corporate Services
Ministry of Justice | Tâhû o te Ture [1]justice.govt.nz
show quoted sections
From: OIA@justice.govt.nz
Ministry of Justice
Tēnā koe Winnie,
I refer to your Official Information Act request of 17 May 2026.
The information to which your request relates is believed to be more
closely connected with the functions of the Ministry of Business
Innovation and Employment (MBIE).
In these circumstances, we are required by section 14 of the Official
Information Act 1982 to transfer your request.
You will hear further from MBIE concerning your request in due course.
Should you need to contact them, their email address is: [email address].
If you are not satisfied with this response, you have the right to make a
complaint to the Ombudsman under section 28 of the Act. The Office of the
Ombudsman may be contacted by phone on: 0800 802 602, by email at:
[email address], or via the webform: [1]Make a complaint (for
members of the public) | Ombudsman New Zealand.
Ngā mihi,
+--------------------------------------------+
| |Communications and Ministerial Services | |
| |Corporate Services |
| | |
| |Ministry of Justice | Tāhū o te Ture |
| |Justice Centre | 19 Aitken Street, |
| |Wellington (6011) |
| | |
| |[2][email address]|
| | |
| |[3][email address] |
| | |
| |[4][Ministry of Justice request email] |
| | |
| |[5]justice.govt.nz |
+--------------------------------------------+
From: [Ministry of Justice request email] <[Ministry of Justice request email]>
Sent: Monday, 18 May 2026 3:06 pm
To: 'Winnie' <[FOI #34727 email]>
Subject: RE: Official Information request (ref: 132686)
Tēnā koe Winnie,
Thank you for emailing the Ministry of Justice (the Ministry).
We acknowledge receipt of your request under the Official Information Act
1982 (the Act).
This has been forwarded onto the Operational Service Delivery team to
respond to.
The Ministry may publish the response to your request on our website, you
can expect that if your OIA is to be published that this will take place
at least 10 working days after the response has been sent you. Your name
and any other personal information will be withheld under Section 9(2)(a)
(protect the privacy of natural persons) of the Act. If you do not want
the response to your request published on the Ministry’s website, please
contact us on receipt of this email.
You can expect a response by 15 June 2026.
Ngā mihi nui,
Ministerial Services
Communications and Ministerial Services | Corporate Services
Ministry of Justice | Tāhū o te Ture [6]justice.govt.nz
show quoted sections
From: Ministerial Services
Kia ora Winnie,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your request of 17 May 2026 sent to the Ministry of Justice
requesting under the Official Information Act 1982 (the Act), the
following:
‘I request official information under the Official Information Act 1982.
Please deal with the following 2 parts separately.
Part 1: Provisions in the 2009 Immigration Bill concerning acting
otherwise than in good faith
The scope of this part is limited to the parts concerning acting otherwise
than in good faith in the relevant provisions inserted into or amended in
the Immigration Bill by Supplementary Order Paper No 32 on 15 September
2009.
This request covers the relevant Immigration Bill provisions and their
corresponding provisions in the Immigration Act 2009 after enactment,
including clauses 125, 130, 176C and 178 of the Immigration Bill, and
sections 134, 140, 197 and 200 of the Immigration Act 2009.
Please provide official information held by the Ministry of Justice
showing whether the provisions within the above limited scope were subject
to a New Zealand Bill of Rights Act 1990 consistency review, analysis
relating to section 7 of that Act, a Human Rights Act 1993 review, a human
rights assessment, or a discrimination assessment.
Where such a review, analysis, or assessment took place, please provide
the corresponding review, analysis, or assessment material.
Part 2: Provisions or proposals concerning bad faith or acting otherwise
than in good faith in Parliamentary Paper J.24
The scope of this part is limited to the parts concerning bad faith or
acting otherwise than in good faith in Parliamentary Paper J.24: Proposed
policy additions to the Immigration (Enhanced Risk Management) Amendment
Bill and in the policy proposals described in J.24.
Please provide official information held by the Ministry of Justice
showing whether the provisions or proposals within the above limited scope
were subject to a New Zealand Bill of Rights Act 1990 consistency review,
analysis relating to section 7 of that Act, a Human Rights Act 1993
review, a human rights assessment, or a discrimination assessment.
Where such a review, analysis, or assessment took place, please provide
the corresponding review, analysis, or assessment material.'
Your request has been transferred to the Ministry of Business, Innovation
and Employment from the Ministry of Justice on 3 June 2026 and is being
processed in accordance with the Official Information Act 1982. A response
will be sent to you in due course.
We will endeavour to respond to your request as soon as possible, and no
later than 1 July 2026, 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
[email address].
Nâku noa, nâ
Ministerial Services
Strategy and Assurance
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 | P O Box 1473 Wellington 6140
From: Ministerials
Kia ora
Please see attached the letter notifying you of the need for an extension
of time frame in order to respond to your request for information under
the Official Information Act 1982.
Ngā mihi nui,
Ministerial Services
Ministry of Business, Innovation and Employment
15 Stout Street, Wellington 6011 | PO Box 1473, Wellington 6140
From: Ministerials
Kia ora Winnie,
On behalf of the Ministry of Business, Innovation and Employment I
acknowledge your email of 3/06/2026 requesting, under the Official
Information Act 1982, the following:
I request official information under the Official Information Act 1982.
Please deal with the following 2 parts separately.
Part 1: Provisions in the 2009 Immigration Bill concerning acting
otherwise than in good faith
The scope of this part is limited to the parts concerning acting otherwise
than in good faith in the relevant provisions inserted into or amended in
the Immigration Bill by Supplementary Order Paper No 32 on 15 September
2009.
This request covers the relevant Immigration Bill provisions and their
corresponding provisions in the Immigration Act 2009 after enactment,
including clauses 125, 130, 176C and 178 of the Immigration Bill, and
sections 134, 140, 197 and 200 of the Immigration Act 2009.
Please provide official information held by the Ministry of Justice
showing whether the provisions within the above limited scope were subject
to a New Zealand Bill of Rights Act 1990 consistency review, analysis
relating to section 7 of that Act, a Human Rights Act 1993 review, a human
rights assessment, or a discrimination assessment.
Where such a review, analysis, or assessment took place, please provide
the corresponding review, analysis, or assessment material.
Part 2: Provisions or proposals concerning bad faith or acting otherwise
than in good faith in Parliamentary Paper J.24
The scope of this part is limited to the parts concerning bad faith or
acting otherwise than in good faith in Parliamentary Paper J.24: Proposed
policy additions to the Immigration (Enhanced Risk Management) Amendment
Bill and in the policy proposals described in J.24.
Please provide official information held by the Ministry of Justice
showing whether the provisions or proposals within the above limited scope
were subject to a New Zealand Bill of Rights Act 1990 consistency review,
analysis relating to section 7 of that Act, a Human Rights Act 1993
review, a human rights assessment, or a discrimination assessment.
Where such a review, analysis, or assessment took place, please provide
the corresponding review, analysis, or assessment material.
We will endeavour to respond to your request as soon as possible, and no
later than 25/06/2026, 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][email address].
Nāku noa, nā
Ministerial Services
Strategy and Assurance
Ministry of Business, Innovation & Employment
15 Stout Street, Wellington 6011 | P O Box 1473 Wellington 6140
References
Visible links
1. mailto:[email address]
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