By: Lincoln Tan

Immigration officers are to be given greater powers of search and investigation without reliance on police under new laws coming in next month.

Officers will be able to investigate and act against offenders without the need to rely on Customs or police under the Immigration Act.

They will be able to enter and search places and crafts, inspecting records of educational providers, accommodation providers, employers and even buildings and premises of people liable for deportation.

The new act comes into effect on November 29 and, subject to Cabinet approval, officers working for Immigration New Zealand will be given new powers.

“The amendments will allow immigration officers to carry out routine immigration-related investigations and functions without relying on resources from our partner agencies,” said Nigel Bickle, head of Immigration.

Under the current law, these powers are exercised by police or Customs on behalf of the department.

“The powers are carefully prescribed to be used in specific circumstances,” Mr Bickle said.

The new powers restrict officers to enter and search in immigration-controlled areas such as airports, not private homes, and where they enter premises where a person who is liable for deportation is believed to be, it will be only for the specific functions related to deportation, he said.

In the 12 months to September 30, the agency deported 687 overstayers – costing taxpayers nearly $1.7 million – with people from Samoa, Fiji and Tonga making up nearly half of those repatriated.

A new detention and monitoring system will be introduced under the act, allowing Immigration officials to choose from a range of options, including putting people into secure detention or releasing offenders with reporting conditions.

“The act establishes a flexible approach to monitoring and detaining foreign nationals who are considered to be a threat to the integrity of the immigration system or the security and safety of New Zealand,” Mr Bickle said.

“The new system brings us into the era of the modern regulatory framework, which allows us to choose between a range of options based on risk, rather than a one-size-fits-all.”

People who are liable for arrest and detention may be monitored in the community or detained in custody. Determining factors include the possibility of a person absconding, criminality, risk to public safety and identity concerns.

The new powers will only be brought into force when Cabinet is satisfied that the appropriate training and operating instructions have been developed, and that there are safeguards in place.

Said Mr Bickle: “No date has been determined yet.”

Under the new act, people facing deportation may be detained in police custody without warrant for up to 96 hours, compared with up to 24 or 72 hours depending on circumstances under the current act.

Warrants of commitment may also be granted by the District Court to hold a person liable to arrest or detention in custody for up to 28 days, and a person may also be held under warrant for a continuous period for up to six months following the completion of relevant immigration processes.

“Specially-designated Immigration officers will be able to detain people for a maximum of four hours. This new power will be brought into effect by order in council,” Mr Bickle said.
HANDLING IMMIGRATION OFFENDERS
(Awaiting Cabinet approval)
* Immigration offenders face secure detention or reporting conditions.

* Immigration officers can enter and search crafts, schools and buildings.

* New act will allow Immigration officers to act independently from police and Customs.

DEPORTED
Total deported in the last 12 months: 687 people costing $1.68 million

* Samoa: 157 people deported at a cost of $385,000
* Fiji: 71 people deported at a cost of $174,000
* China: 70 people deported at a cost of $172,000
* Tonga: 61 people deported at a cost of $150,000
* Malaysia: 51 people deported at a cost of $125,000
* India: 32 people deported at a cost of $78,400
* Great Britain: 28 people deported at a cost of $68,600
* Indonesia: 23 people deported at a cost of $56,350
* South Africa: 18 people deported at a cost of $44,100
* Chile: 15 people deported at a cost of $36,750

1 September 2010, 2:09PM

The bi-annual review of the Immediate Skill Shortage List (ISSL) and the Long Term Skill Shortage List (LTSSL), administered by the Department of Labour, has been completed.

The ISSL includes occupations that are in immediate demand in the New Zealand labour market. The LTSSL includes occupations that are in long term and global shortage.

Two occupations, Scaffolders and Automotive Technicians will be added to the ISSL, and three occupations, Ship’s Master, Ship’s Officer and Forest Scientist to the LTSSL. Thirteen occupations mostly in the building, design and racing industries will be removed from the ISSL. One occupation, Architect, will be removed from the LTSSL. In addition, four occupations will be removed from the ISSL as they are already covered in the LTSSL. Some requirements will be updated.

The ISSL and LTSSL will be released on 8 September 2010.

The removal of the occupations from the lists is the result of an extensive consultation with industry groups, other stakeholders and relevant government agencies.

Employers can still recruit migrants in occupations that have been removed from the lists. The employer will need to demonstrate genuine attempts to recruit suitable New Zealand citizens or residents. Temporary work visas or permits can be granted after there is evidence that there are no suitable New Zealanders available.

Immigration New Zealand works with a number of agencies when reviewing the labour market to help identify areas of immediate and long-term skill shortage. This is to ensure that the lists reflect genuine skill shortage so New Zealanders are not disadvantaged while at the same time making sure employers get the skilled employees they need to take advantage of improvements in the economy.

Head of Immigration New Zealand, Nigel Bickle says “For occupations no longer on the LTSSL and ISSL the labour market test process, where agencies such as Work and Income are involved, ensures that New Zealanders are not disadvantaged if seeking employment before an employer recruits a migrant worker. However, New Zealand still has skill shortages in certain areas and jobs may need to be filled by people from overseas.”

Mr Bickle says there will be ongoing review of all occupations on the list which will ensure flexibility in times of both shortage and economic growth.

Immediate Skill Shortage List (ISSL)

Thirteen occupations to be removed from the ISSL on 8 September 2010:
• Architectural Designer
• Architectural Draughtsperson (Civil CAD Designer)
• Architectural Draughtsperson
• Graphic Artist
• Fire Alarm Technician
• Florist (Senior)
• Gas Fitter
• Vehicle Body Builder (Bus or Coach only)
• Horse Trainer (Stallion Master)
• Horse Trainer (Stud Groom)
• Jockey
• Trackwork Rider
• Telecommunications Technician

Two occupations to be added to the ISSL:
• Automotive Technician (Motor Mechanic)
• Scaffolder (Advanced)

Four occupations to be moved from the ISSL to the LTSSL:
• Conductor (Conductive Education Practitioner)
• Construction Project Manager (Chip sealing, Asphalt or other Technical Manager) (Roading and Infrastructure)
• Construction Project Manager (Roading and Infrastructure)
• Ship’s Engineer

Four occupations to be removed from the ISSL as covered by the LTSSL:
• Marine Designer
• Systems Analyst
• Software Engineer
• ICT Support and Test Engineer
Long Term Skill Shortage List (LTSSL)

One occupation to be removed from the LTSSL on 8 September 2010:
• Architect

Three occupations to be added to the LTSSL:
• Ship’s Officer
• Ship’s Master
• Forest Scientist

Four occupations to be moved to the LTSSL from the ISSL:
• Conductor (Conductive Education Practitioner)
• Construction Project Manager (Chip sealing, Asphalt or other Technical Manager) (Roading and Infrastructure)
• Construction Project Manager (Roading and Infrastructure)
• Ship’s Engineer

New interim visas will allow migrants waiting for their visas to be processed to continue working, Immigration Minister Jonathan Coleman says.

It was a bonus for businesses and employees, Dr Coleman said.

“In most circumstances it provides continuity in the workplace as employers have the security of knowing their staff member can continue working legally while Immigration New Zealand processes their application.”

The interim visas will be in place by March.

Changes to the sponsorship provisions will allow organisations and government departments to sponsor someone’s visa where previously only individuals could.

- NZPA

Source: www.dol.govt.nz  (Department of Labour)

16 August 2010

 Immigration New Zealand (INZ) has begun fingerprint checks with Australia as part of a biometric programme to strengthen border security and prevent identity fraud.

The programme will expand to include checks with the United Kingdom, Canada and the United States under the umbrella of the Five Country Conference (FCC), which has developed a system for securely – and with substantial privacy safeguards – matching fingerprint biometrics of persons of interest. Fingerprints of FCC citizens will not be shared.

The system will help INZ combat fraud and strengthen border security by helping identify, early in the immigration process, people with criminal histories or those using false identities.

“Organised crime groups and illegal migrants are increasingly using identity and passport fraud to evade detection,” says Arron Baker, INZ’s Programme Manager for Identity and Biometrics.

“Biometrics uses technology to improve on traditional checks using names to detect and prevent these people from entering New Zealand. It is a fast, effective and privacy protecting way of quickly facilitating genuine clients while filtering out those who pose risks to New Zealand.”

INZ signed a Memorandum of Understanding (MOU) with the Australian Department of Immigration and Citizenship on 30 June 2010, and is now completing similar agreements with the UK, Canada and the US.

The Department of Labour completed a Privacy Impact Assessment of the system in close consultation with the Office of the Privacy Commissioner. This is available to the public at http://www.immigration.govt.nz.

 ENDS

 QUESTIONS AND ANSWERS:

Q1. What is the Five Country Conference?

The Five Country Conference (‘FCC’) is a forum for immigration and border security – involving Canada, Australia, the United Kingdom (U.K), the United States (U.S) and New Zealand.

Q2. What is biometric identification?

A. Biometric identification is the confirmation of people’s identity by comparing unique physical features such as fingerprints, photograph, iris scan, etc. with a previously obtained image. 

Q3. How do you know the exchange with foreign countries will be secure?

A. The Five Country Conference has developed a system which ensures the information exchange is very secure. The system has been subject to rigorous security accreditation by each country. Also, information shared may only be supplied in accordance with the member’s immigration and privacy laws, as well as international arrangements signed by the parties.

Q4. Will you be sharing any biometrics of Five Country Conference national citizens?

A. No. Fingerprints of citizens of the FCC will not be shared as part of these identity checks.  The only time FCC citizens information may be relevant is if someone conceals their true identify as an FCC citizen when dealing with an FCC immigration agency.

Q5. FCC data sharing will involve the exchange of both biometric and biographic data. What kind of biographic data will be shared?

A. There is no biographic information (names, birthdates etc) shared when an identity is checked. Only the fingerprint data is provided to make a check. Privacy experts regard this approach as an innovative way to protect people’s identity. Only when a fingerprint match is made will biographic data be exchanged to confirm if identity fraud has occurred. 

Q6. How do you know there will not be security breaches to the data sharing system?

A. Security of data and privacy are of paramount importance to all countries in the FCC. All data exchanged is very strongly encrypted. Thorough security assessments of the system have been completed by a number of government security experts and agencies. 

Q7. Under these information sharing arrangements, will the FCC countries be able to remove or deport individuals who have committed an immigration or criminal offence?

A. Yes. Information that is shared under the exchange programme can support prosecution and/or deportation of individuals.  It will also be used to prevent the entry of known persons of concern — including those who have committed an immigration or criminal offence.

For more information, please contact a Quay Law team member.

Remember, a permit is what allows you to work in New Zealand, and the visa is what allows you to travel in and out of the country.  The returning resident’s visa is initially granted for two years, and an assessment will be made after two years to issue another that can be either indefinite, for 12 months or for 14 days.

Source: newzealandnow.govt.nz

Siva Shanker Rajadurai

Working temporarily in New Zealand can be used as a step towards gaining residence and settling here permanently. 

If your talents are needed by New Zealand employers, or you have exceptional talent in the arts, culture or sports, you can apply to work in New Zealand under the Work to Residence category. 

If you are already in New Zealand on a Work to Residence permit, after two years you can apply for residence.

Which policy you apply under depends on your occupation and your circumstances.

Your choice of lawyer to attend to your immigration needs is an important decision.  For relevant service or for more information please contact a friendly Auckland lawyer at Quay Law.

 Consider which visa/permit best applies to you, as a wrong application could cost you your future. 

The various visas/permits are :

1. Work to Residency,
2. Skilled Migrant Category,
3. Investment/Investment Plus,
4. Long Term Business Visa/Permit,
5. Entreprenuer /Entrepreneur Plus. 

For more information regarding your immigration requirements contact a friendly  lawyer at Quay Law.

By Siva Shanker (Auckland Lawyer – Quay Law)

In this issue, Ian Mellett describes his business visit to India and the various forms of property investment available to new immigrants

Since my last article in this magazine, I have had the wonderful experience of being involved in a fantastic business trip to India.  It was incredible to be exposed to the social and cultural elements that exist in India on the one hand, contrasted against the might of the Indian economy on the other.  We even managed to squeeze in a visit to the Taj Mahal, one of the seven man-made wonders of the world.  The focus of the trip was “New Zealand Invest 2010” – promoting New Zealand from both an investment and immigration perspective.

The delegation included legendary New Zealand cricketer Sir Richard Hadlee, one of the keynote speakers, along with a group of property developers, real estate professionals and an internationally acclaimed property investment speaker.  I was invited to accompany the delegation in the capacity of an independent legal adviser.  During the various seminars, held in Delhi (23-24 January), Ludhiana (28 January) and Chandigarh (30-31 January), seminar attendees were provided with valuable information to enable them to explore lifestyle, investment and business opportunities in New Zealand.   During the numerous break-out sessions, I was called upon to provide expert independent legal advice and assistance to potential investors.  This has subsequently resulted in Quay Law now having quite a few Indian investor clients on its books, and the distinct possibility exists that there will be more to come in the future.

It goes without saying that this was a truly memorable and unique experience.  Not only was our entire delegation exposed to the broad spectrum of the Indian economy but being a cricket fanatic myself, I had the added bonus of meeting and spending two weeks with Sir Richard Hadlee.  What a nice guy, and a truly great ambassador for New Zealand.

One of the questions frequently raised by the potential Indian investors pertained to the type of property ownership involved.  I find that local purchasers in New Zealand often have the same query, so I thought that it would be useful to set out the most common forms of ownership below.

1) Fee simple: This represents a form of freehold ownership and in essence represents absolute ownership of the property. 

2) Leasehold: This is a form of property tenure where one party buys the right to occupy land or a building for a given length of time.  Until the end of the lease period the leaseholder has the right to remain in occupation as an assured tenant paying an agreed rent to the owner. 

3) Cross lease: This is a hybrid form of multi-unit tenure in which each owner has an undivided share of the underlying freehold as tenants in common, and is granted a registered leasehold estate of the particular unit or flat occupied.  Effectively the property owners share ownership of the land and each owner leases their building from the other owners, which together form the cross lease title.

4) Stratum estate: Under the Unit Titles Act 1972 the deposit of a unit plan has the effect of creating in each unit (usually multi-unit dwellings, shops, offices or industrial premises) a new kind of statutory estate called a stratum estate in freehold, or a stratum estate in leasehold, depending on whether the land which was subdivided into units was freehold or leasehold.

It is essential to determine, upfront, the exact nature of the form of property ownership when embarking upon a purchase of any property.  My experience is that it is beneficial to have your lawyer cast his/her eye over a potential purchase agreement, before you sign the document, to ensure that you fully understand the nature and form of property ownership involved.

Please feel free to contact Ian Mellett at Auckland Law firm, Quay Law for more information, or if you have any questions regarding your conveyancing or other legal needs visit our website www.quaylaw.co.nz for more information.

Auckland Lawyer Siva Shanker Rajadurai joins the legal team at Quay Law.

The team at Auckland Law Firm, Quay Law welcomes Siva Shanker Rajadurai to the team.

Siva Shanker Rajadurai holds a LLB from the University of London and a Diploma in Electronics Engineering from  Malaysia.

Prior to serving with the United Nations High Commissioner for Refugees in Malaysia, Shanker held numerous legal related roles in New Zealand Shanker is able to provided legal services in English, Malay and Tamil.

He is people orientated and knowledgeable in the areas of property law, family trusts, commercial law and immigration.

Welcome aboard Shanker.