General Election 2017 - WCJP · Visas will only be granted to immigrants in jobs outside the skill...

Law Reform Newsletter 2017 General Election Special

General Election 2017 In this Election Special, we will be publishing our

newsletter in 5 parts as we attempt to tackle issues of

importance to the New Zealand society this Election.

Issue 2 covers key policy initiatives of various parties on

Environment, Education, Housing, Immigration, and

Money Issues. Some of our volunteers have also

provided a commentary on what kind of policy may be

best-placed to resolve these key issues.

Do remember to register and vote this Election.

Please contact us if you have any questions about the

work we do. Thank you.

Vivian and Josiah

Volume 1: Issue 2 !1

What we do

The Law Reform Team works to ensure that legislative changes and policy developments in New Zealand are reflective of the wider community.

We also work with non-governmental organisations such as the New Zealand Animal Law Association, and Adoption Action Incorporated to produce research papers and make submissions to relevant agencies.

In this issue:

1. Conserving the Environment

2. Education

3. Housing Policies

4. Immigration & Refugees

5. Money Issues

Contributors

Writers: Isabelle Collins, Finn Dillon, Georgia Petry, Katarina Radosevic, Kavita Raju, Sage Wray

Editors: Paige Brash, Mariah Hori te Pa, Josiah Koh, Alex Merson, Anna Price, Amelia Retter, Vivian Tan

Law Reform Newsletter NZ General Election Edition

Immigration & Refugees Tyler Amy Bartlett, Isabelle Collins

A major concern across the parties’ immigration policies is diluting the effects of immigration

to cities and encouraging immigrants to live in less populated areas across New Zealand. In

this requirement, what the parties must also bear in mind is the equal treatment of migrants

and New Zealand citizens, so that all people are given equal rights and freedoms.

The Labour Party intends to harness the rapid rate of migration which has led to

record numbers of migrant arrivals. While migrants are welcomed to New Zealand,

Labour intends to make changes to soften immigration’s impact on housing,

infrastructure and public services. Labour estimates its immigration changes will

reduce net migration by 20,000-30,000.

International Student Visas

Labour is focussing on cracking down on sham, low-level courses created as backdoor routes

to residency, so will ensure courses provided for international students are of high quality and

integrity. The ability to work while studying will be limited, especially for students in courses

below Bachelor-level. These international students will only be allowed to work in approved

circumstances for the benefit of study.

In essence, Labour intends to ensure New Zealand’s provision of education for international

students delivers a real return for New Zealand. Providers of high quality courses will not be

affected.

Work Visas after Study

Barring minor exceptions, Labour intends to stop issuing Post Study Work Visas for courses

below a Bachelor’s degree level.

Currently, any international student who has completed a long enough course is able to apply

for a one year work visa without having a job; this open ability to work provides another

backdoor avenue for immigration. Instead, students must have a job offer on completion of

study in order to receive a working visa.

Changes will commence via new visa applications, so current visas will not be changed.

Similarly, existing international students who came believing post study work visas would be



available will be able to attain them on the basis of their own good faith towards the system.

These international students will only be allowed to work in approved circumstances for the

benefit of study.

Ensuring Genuine Skills are Met

Since 2012, the number of low-skill work visas issued has doubled to 22,000. Labour intends

to work with businesses to train New Zealanders in the required skills, putting Kiwis first. Jobs

that Kiwis are available for and capable of doing will initially be offered to them.

The skills shortage list will be regionalised so that the visas of migrants coming under the list

are directed to a region to avoid saturating skills in specific areas, filtering skillsets to deficient

places. This dilution of skills will relieve unnecessary pressures on infrastructure and transport

in saturated areas.

Visas will only be granted to immigrants in jobs outside the skill shortages lists when a genuine

effort has been made to find Kiwi workers.

Exceptional Skills Visa

Labour will aid businesses in sourcing the most skilled migrants (and their families), facilitated

by the Exceptional Skills Visa for “highly skilled or talented people”, to aid New Zealand’s

society, not just its economy. Successful applicants will have significant experience in their field

or qualifications beyond those required.

KiwiBuild Visas

For each apprentice a residential construction firm takes on and pays living wage, they can

hire a skilled migrant tradesperson on a three-year work visa without having to meet the

Labour Market Test. Labour will assist in the cost of the apprentice by paying the employer the

equivalent of the unemployment benefit to take on the apprentice.

Current programs like family visas, Pacific Quotas, and the Working Holiday Scheme, will not

be directly affected by these changes, although monitoring will be increased.



National largely intends to continue its immigration policies in line with the current

Government’s. It will continue to trial entrepreneur visas, Global Impact Visas. It

believes in this cause because entrepreneurial creativity is greatly beneficial to New

Zealand’s economy, and inspires budding young New Zealanders. The four year

visa pilot programme will continue to grant up to 100 visas per year, while each

migrant can apply for residency after three years

Skilled Migrant Visa

National plan to introduce remuneration thresholds for migrants under these visas. National

will make changes to the point system currently determining visas, for example by making jobs

at and below the current median income be considered less than highly-skilled jobs, thus

reducing the applicant’s points.

Seasonal Work Visas

These visas attract difficulties because workers who come to New Zealand on them often stay

longer than permitted. National would limit the length of these visas to the season’s duration,

rather than for twelve months. This may pose issues as seasonal work differs in duration from

year to year, according to weather and other extraneous, unpredictable factors. This may

introduce inefficacy to the system which hinders the policy’s value.

Superannuation

Similar to New Zealand First, National would increase the residency requirement for

superannuation. However, it would be to 20 years, not 25. Five of the 20 years must be before

the age of fifty. This would ensure that beneficiaries are equally deserving across New Zealand.

ACT believes that as a nation of immigrants, New Zealand immigration policies

should focus on building foundations for future generations.

It promises to continue to be pro-immigration, yet cut back on benefits such as the ability to

obtain pensions after only ten years’ residency. It will uphold the freedoms and rights in the

Bill of Rights Act 1990 as entitlements to, and requirements of, all immigrants. New citizens

will be required to explicitly sign up to these values. The equivalent has been done in

Australia, Canada and the UK. The Act Party will also seek a free trade and free movement

area between Canada, Australia, New Zealand, and the United Kingdom (CANZUK).



The Green Party’s immigration policies are based on the principles of dignity,

compassion and respect, according with international human rights conventions.

Immigration must not exceed a sustainable net flow to limit effects on the

environment and culture. It pledges responsibility to prevent the sale of land to

wealthy immigrants, protecting New Zealand and its Taonga.

Voluntary Migrants

Regarding voluntary migrants, the Green Party will give visas to migrants with skills conducive

to a sustainable society and economy. Any decision surrounding the use of immigration for

national economic benefit will only be decided by an Act of Parliament.

Working Immigrants

Employers will be required to give temporary working migrants equal pay and working

conditions as local employees. The investor and entrepreneur categories will become stricter.

Those with limited English skills will be required to enrol in free language courses.

Participation in Kiwi Culture

Community participation is at the root of the Green party’s immigration policies. All new

immigrants will be given information regarding Kiwi culture. Voluntary migrants with

provisional residency status must show knowledge and appreciation of New Zealand’s laws

and norms.

Annual Immigration Quotas

The Green Party promises to exempt marriage, civil union, and de facto partnership reunification

from all quotas. The annual immigration quota will be regularly reviewed, focusing on:

1. Net population change;

2. The need for spare population capacity for returning NZ citizens and those displaced by climate change;

3. The capacity and sustainability of systems and infrastructure;

4. The ability to encourage settlement in less populated areas with potential for growth;

5. The environment’s ability to cope with population increases;

6. New Zealand's humanitarian obligations with regard to refugees.



New Zealand First (NZF) believes that current migration figures are unstable,

straining infrastructure and the job market for New Zealanders. It pledges to

reduce immigration to 10,000 people a year by ensuring immigration policy meets

shortages through effective labour market testing.

Regional Migration

New Zealand First believes in bonding immigrants to work in regions for five years upon

immigrating before they are allowed to relocate to a city. This dispersal is intended to relieve

immigration’s impact on Auckland.

Superannuation

The residency requirement for superannuation eligibility will be more than doubled from 10 to

25 years. This would be done to ensure immigrants have paid a fair amount of tax before

reaping the reward of superannuation. This will result in a more sustainable system.

United Future’s policies concern the wellbeing of migrants. They plan to increase

the relationship between local government and business in settling new migrants.

This will be done by better communicating what jobs are available for migrants

before they arrive.

The Opportunities Party (TOP) vows to change visa rules to attract more skilled

migrants.

Highly Skilled Migrants

Rules will be tightened because the current points system favours low skilled migrants. Highly

skilled migrants will not need proof of a job before entering New Zealand. They will be

allowed to come on a trial basis and can only remain with proof of finding a skilled job with

demonstrable benefit to the country.

As with multiple other parties, the party plans to grant working visas according to the national

skills/job vacancy register.

Permanent Visa Applicants

Immigrants will be required to show an understanding of the Treaty of Waitangi and New

Zealand’s constitution. This requirement is perhaps too strict as many New Zealanders are

uninformed on our constitution.



The Māori Party would give amnesty to over stayers from the Pacific Islands. They

believe this is important because Māori and Pacific people share common ancestral

origins.

Skilled Migrants

Like many other parties, the Māori Party would send skilled migrants to work in the regions.

They intend to require this for two years. The targeted regions will be those experiencing

population and economic decline.

Families of Migrants

The Māori Party recognise the utmost importance of nearness of family. It goes against

people’s kaupapa to not allow migrants’ parents to come to New Zealand and live too. Parents

will be allowed to come to New Zealand too if they obtain medical insurance cover for their

first 10 years, and agree formally not to apply for any welfare benefits.



Commentary: New Zealand’s Refugee Quota

Tyler Amy Bartlett

With the upcoming general elections in September, New Zealanders have been urged to not

only look to the changes they wish to make to their domestic environment when voting for

their preferred political parties, but also to look outwards at New Zealand’s role to play in the

ongoing global humanitarian crisis that is the refugee situation. This is important to New

Zealanders because everyone has the right to seek and enjoy asylum from persecution in other

countries, and New Zealand as a humanitarian nation should attempt to uphold these values. 1

Currently, New Zealand’s refugee quota is at 750, a figure that has not changed since 1987.

The Convention Relating to the Status of Refugees 1951 (the Refugee Convention) is the

foundation of international law that governs asylum seekers. It lays down the basic minimum 2

rights and requirements given to asylum seekers, and New Zealand has been a party to the

convention since it’s formulation. The quota of 750 refugees however is embarrassingly small

in comparison to other nations – New Zealand could and should increase its quota intake,

should it wish to do its part in lessening the refugee situation.

Positively, immigration has become a key issue in multiple party campaigns, most notably

National, Labour, The Opportunities Party, and the Green Party. Labour has pledged to

increase the refugee quota to 1,500. TOP wants to “lift the quota from 750 to 2,000 3

immediately” and further, they wish to implement a sponsorship program in conjunction with

the government, based on the successful Canadian model. National are pledging to increase 4

the funding for refugee support, but have not yet officially published to their website whether 5

they are to increase the quota itself. The Green Party announced a policy in January to double

the current quota of 750 twice over.

Although this is a move in the right direction, political parties have yet to address the arbitrary

distinction that exists between quota and convention refugees. Commonly known as asylum

seekers, people granted convention refugee status are those who claim asylum upon arrival in

New Zealand. Comparatively, quota refugees are assigned to New Zealand under the UNHCR 6

Resettlement Programme. People under each status are fleeing the same persecutions and the

The Universal Declaration of Human Rights, art 14(1). 1

Claire Breen “The Human Rights of Asylum-Seekers in New Zealand” (2005) 8(1) YBNZ Juris 119 at 120. 2

Labour “Making immigration work for New Zealand” <www.labour.org.nz>. 3

The Opportunities Party “The Opportunities Party refugee policy” (19 December 2016) <www.top.org.nz>. 4

G Hamilton “Policy 2014 Immigration” National <www.national.org.nz>. 5

New Zealand Red Cross “Refugees and asylum seekers” <www.redcross.org.nz>. 6



same war-stricken countries, and yet receive differing support from the government. Through

the Government’s Refugee Resettlement Strategy, quota refugees are provided aid in the form

of resettlement, employment, and accommodation for the first 12 months of their life in New

Zealand, whereas convention refugees receive none of this. The Human Rights division of 7

Wellington Community Justice Project, in conjunction with ChangeMakers, is currently running

the Asylum Seekers Equality Project, in which they will be presenting a petition to the House

of Representatives, to change the arbitrary distinction between quota and convention

refugees in New Zealand.

The International Red Cross agrees, stating that asylum seekers who have had their

applications approved and are now convention refugees should be entitled to the “same

resettlement support” as those under the refugee resettlement quota”. They come from the

same circumstances, and need the same support to give them the prospects to prosper in

New Zealand. 8

Asylum Seeker Equality Project Human Rights team WCJP “Equal support for Convention Refugees” (30 July 2017) 7

<https://our.actionstation.org.nz/petitions/equal-support-for-convention-refugees-1>. New Zealand Red Cross, above n 93. 8


General Election 2017 - WCJP · Visas will only be granted to immigrants in jobs outside the skill...

Documents

Transcript of General Election 2017 - WCJP · Visas will only be granted to immigrants in jobs outside the skill...