Section 97(1)(b) Immigration Act refusals

Alex Harris made this Official Information request to Department of Labour

The request was partially successful.

From: Alex Harris

Dear Department of Labour,

Section 97 of the Immigration Act 2009 gives the Chief Executive the power to make decisions about who may board a craft for the purposes of travelling to New Zealand. I would like to request the following information under the Official Information Act 1982:

* The number of people in the last six months who have been denied permisison under s97(1)(b) to board a craft for the purpose of travelling to New Zealand
* the number of people in the last six months who have been granted permission under s97(1)(c) to board a craft subject to conditions. If this number is greater than zero, then I'd like either a complete list of the conditions for each case, or if it is very large, the most common conditions applied.

I would prefer to receive an electronic response. Queries about this request will be automatically forwarded to me by the website.

Yours faithfully,

Alex Harris

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Department of Labour

Attachment 1202289 OIA response Alex Harris.pdf
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Dear Alex Harris


Attached is a copy of our response to you regarding your OIA request dated
30 April 2012.


Kind Regards


Rora-Sue Patu

Executive Ministerial Support Officer

Government Executive and Ministerial Support Department of Labour | Te
Tari Mahi Level 5, Aurora Chambers | 66 The Terrace | Wellington 6011 SR
57002 | PO Box 3705 | Wellington 6140

Tel: +64 4 915 6584

Email:  [email address] OIA related Email:  [email address]


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From: Alex Harris


Thanks for your response. In relation to your response on s97(1)(c), you might want to look at s97(3)(b), which explicitly contradicts the answer you gave about New Zealand citizens. Is it really DoL's position that it is breaking the law?

If this is not the case, I'd appreciate a correct answer to that component of my request.

Yours sincerely,

Alex Harris

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From: Anand Krishnan
Department of Labour

Dear Mr Harris,

Thank you for your email to OIA GEMS of 18 May 2011 regarding the Department's letter of the same date, in response to your OIA request. I am responsible for responding to this matter.

I advise that you are correct in identifying a contradiction in the information in our letter and section 97(3)(b) of the Immigration Act 2009. The information in our letter was incorrect in this regard. I apologise for this error.

I advise that section 91(1)(c) does not pertain to the individuals set out in section 97(3)(b). Section 91(1)(b) and (c) pertains to individuals coming to New Zealand as temporary entrants. The conditions these temporary entrants are subject to are set out in the immigration instructions, which are publically available on

Kind regards

Anand Krishnan | Business Advisor - Operations Support | Intelligence, Risk & Integrity | Immigration Group Department of Labour | Te Tari Mahi 70 The Terrace | PO Box 111 | Wellington | New Zealand
Tel: +64 4 915 4636

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