Unreasonable implementation of section 35A processes in relation to the residual places policies

Implementation of residual places policies by Immigration New Zealand in 2004-2005 to enable Pacific residence quotas to be filled - guidance for immigration officers on s 35A processes relating to policies was late and unclear - inconsistent advice was consequently given to some overstayers - creation of, and failure to manage, erroneous expectation that the policies represented an opportunity for overstayers to change their immigration status - departmental acknowledgment of systemic failings - relevant actions of Immigration New Zealand were considered to be unreasonable – remedy provided to affected people.

Introduction

An investigation was made into whether certain Pacific people who were in New Zealand without permits had been disadvantaged by the way in which Immigration New Zealand dealt with their requests for permits between 15 November 2004 and 31 March 2005.

Since the conclusion of the investigation, the Chief Ombudsman has held discussions with the Department, and with its successor, the Ministry of Business, Innovation and Employment, on the appropriate remedy to be offered to affected people.