Scope and structure of the Bill

The primary purpose of immigration legislation is to establish a legal framework that allows for the entry to and stay in New Zealand of non-citizens in New Zealand's interests. The ways immigration can serve New Zealand's interests may change over time, and it is important that the legislation provides the flexibility that allows the immigration system to respond.

Immigration is subject to a significant level of public scrutiny. It is essential that immigration legislation provides for a robust and accountable system that creates public confidence.

Like the 1987 Act, I propose that the Bill be largely framework legislation, with detail generally contained in regulations or instructions. This provides the strongest foundation for the government to manage immigration in New Zealand's interests. Immigration policy is a matter of ongoing debate, and it is the responsibility of the government of the day to decide this. Fixing policy criteria in legislation is undesirable. Approximately 80 percent of 92 submitters agreed that the Bill should be framework legislation.

In some instances, particularly where a clear minimum standard is required, and to signal clearly New Zealand's requirements, prescription in the legislation is necessary. This is important where there are potential impacts on an individual's rights.

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