Freedom New Zealand

Clauses 250-252 of the Bill confer on Immigration Service officiazls officials the kind of powers that we normally concede – for good reason – only to police officers. All the NZIS officer will need is the belief that 'reasonable grounds' exist, and he can proceed to apprehend any person who is, or appears likely to be, in New Zealand unlawfully.

Nor are those powers restricted to land. An official can - without a warrant - enter and search any craft within New Zealand territorial waters, interview anyone, and identify anyone seated with them. Similarly the official can, without a warrant, enter and search any part of the foreshore, port, bay, harbour, lake, or river - or any port premises, wharfs or transit buildings, piers or structures attached to or extending from a shore or a bank.

Under clause 253, any immigration officer can enter any building or premises without a warrant – at any 'reasonable' time of day or night, unspecified – if they believe someone they may be wishing to serve with a deportation notice may be present. Once a potential deportee is located, the officer is them empowered to photograph, measure, and take finger, palm and foot prints of that person, and subject them to iris scans on suspicion that such a person could be liable for deportation, or is (255c) 'undertaking work or a course of study' that the person may not be entitled to.

In essence, immigration officers are being provided with a toolkit of powers that could be used for either genuine detection - or for the equivalent of dawn raids, with virtual impunity. The fact that reasonable belief – rather than a warrant – allows such intrusions leaves the door wide open to abuse. Throughout the Bill immigration officers are granted power to make sweeping unilateral judgments ( eg see clause 133) about the validity and the completeness of the information before them, and the bona fides of the individuals concerned – and can then proceed to cancel refugee and protection status, with far-reaching impact on migrants and their families.

The net cast by such search and entry provisions is wide. It can apply to those providing work, or accommodation, for suspects. Under clause 241 (3 people are required to provide information about someone who is, or may become liable for deportation, and information on their present or past whereabouts – and also about the occupiers past and present of premises where they may have worked or resided. Under the same clause, any employer or employee may be required to provide, or allow the official to copy " any record or information held by or reasonably available to that person," and no one can be held legally liable ( clause 241 (4) in civil or criminal proceedings for what happens as the result of the use or disclosure of such confidential information.

Once issued by an immigration officer with a relevant certificate, the list of organizations that must provide address information to the NZIS include : the Ministry of Social Development, Housing New Zealand, education providers, telecommunication service providers, internet service providers, postal providers, insurance companies, banks, local government bodies, real estate agents, employers and former employers.

Clause 270 of the Bill empowers the chief executive of the Immigration Service to disclose categories of personal information by agreement with any overseas agency, body or person engaged in border security, or in processing international passengers, or in detecting or investigating immigration 'or other' offences.

That ' or other offences' phrase makes this a potentially wide provision, well beyond immigration purposes. Under it, a variety of agencies can enter into an agreement with NZIS to receive such information as - the Bill stipulates - airline passenger and crew lists, the past travel movements of specified people and any previous convictions they may have.

Under clause 270(e) this agency or person agency can also acquire "the general history of specified people, which may include associates and networks." Also to be made available to foreign agencies : information about the 'modus operandi' of specified people, their currency transactions, intelligence assessments and reports, details of mail interceptions, personal identification details, and details of known or suspected involvement of people in illicit activities.

Got that? On request, personal details that go beyond the suspected individual and based on grounds nothing stronger than suspicion about them – can be provided to a range of security and law enforcement agencies overseas, and to those involved with the processing of international passengers. Note that the CEO of the NZIS can supply ' intelligence assessments and reports' on request to any of those overseas agencies - even though the classified reports would be denied on grounds of national security to the person in New Zealand most affected by them !

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