OIA Request clarifications

Anchal Marwah made this Official Information request to Ministry of Business, Innovation & Employment

The request was refused by Ministry of Business, Innovation & Employment.

From: Anchal Marwah

Dear Ministry of Business, Innovation & Employment,
OIA Request:

I would like to request the clarification of the two contradictory information that I have gathered through two OIA responses:

"As per Reff:DOIA 1617 1217 Dated:04/05/17"

My Question:
1.As per this previous request on the FYI website I had requested MBIE to provide me information about how many resident visas in past 4 years under SMC category were approved by INZ with an offer of employment from IINET AKL Ltd as an ICT Customer Support Officer (313112) ANZSCO code?

Answer given by MBIE:
129 resident visas were approved in past 4 years.
"As per Reff:DOIA 1617 1217 Dated:10/05/17"

Further to add in that OIA request another response given to me by Mr Tim Shepherd (Operations Manager) on 10/05/2017 stated:

My Question:-
Can the employment offer from an employer which was previously
considered as skilled employment by INZ for considerable number of years
can be changed to an unskilled employment even though job roles,salary
structure and even the Immigration NZ rules or policy have not been
changed, if yes than why please?

In some circumstances, an applicant may claim to be a certain role and
then they will be granted the visa on the basis of the position. However,
when they apply for another visa at a later date for the same position, an
immigration officer may re-assess the job description and discover that
actually it does not correctly match the ANZSCO stated by the applicant.



So as per OPERATIONS MANAGER Tim Shepherd an In "SOME CASES" Immigration Officer may re assess the job-roles and deny the visa if not satisfied or thinks the previous assessment was incorrect and job roles DO NOT match ANZSCO.


I would like MBIE to acknowledge one of these two points as I am confused with two different responses I have received and as per my research one of these should be the answer.

Either INZ Officers Since past 4 years were processing the applications CORRECTLY with same job roles,duties,wages and qualification requirements and Immigration policies as compared till date. (129 Correct decisions)


INZ made INCORRECT decisions"129 Times" in the past 4 years and suddenly realized to correct them now and stated that "Employment with same duties in past where INZ approved 129 resident visas" is no more a skilled employment? (129 Incorrect decisions/Mistakes)

Please advise if INZ made "129 times" incorrect decisions/assessments in these past 4 years and now INZ is making corrections on their previous "129 times" incorrect decisions?

If Respected MBIE does not thinks its an OIA request specifically:-

-Please if I can know the reason specifying why it's not a legit OIA request?

-If respected authorities can guide me to a correct department who can assist me with this question please that will be highly appreciated?

I hope to hear from the respected authority soon.

I thank you for your time and efforts that you will be putting in to reply to my request.

Yours faithfully,

Anchal Marwah

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From: Neil Bailey
Ministry of Business, Innovation & Employment

Hello Anchal


Thank you for your email.


A definition of what is (and what is not) official information can be
found in section 2 of the Official Information Act 1982.  You are able to
access this  Act online using the following link.


In terms of the questions you have below in relation to your previous
requests, when you asked for the number of resident visa in the past for 
4 years…this is clearly an Official Information request as you are asking
for specific data that, in this case was held by The Ministry of Business,
Innovation and Employment (MBIE) and the data was provided to you.


Your second question where you ask can an employment offer be considered
previously be changed to an unskilled employment…is not an Official
Information request as it is not for information held by MBIE.  The
question you asked was for an explanation and therefore was a general
query.  General queries are not Official Information requests however a
response to your question was provided.


The answer provided to you by Mr Shepherd explains why (or how) a
particular role can be no longer considered as skilled employment. 
However in his response where he has used ‘in some circumstances’ he is
referring to the outcome of the application assessment.  This does not
mean that only some applications are re-assessed. All applications are
assessed on the information provided with that application when it is


I trust this has clarified the earlier responses you have had.


Yours sincerely



Neil Bailey



Visa Services, Immigration New Zealand

Ministry of Business, Innovation & Employment

Level 1, 15 Stout Street, Wellington


[email address]  Telephone +64 (04) 901 1240





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From: Haydon Rodrick
Ministry of Business, Innovation & Employment

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Attachment DOIA 1718 0104.pdf
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Dear A Marwah,


Please find enclosed our response to your Official Information Act


Yours sincerely,

Haydon Rodrick


Visa Services, Immigration New Zealand

Ministry of Business, Innovation & Employment


Email: [1][email address]

Level 1, 15 Stout Street, Wellington, New Zealand



[3]www.govt.nz - your guide to finding and using New Zealand government

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