This paper seeks your agreement to the Immigration Act review's proposals to draft a new Immigration Bill (the Bill) to replace the Immigration Act 1987 (the 1987 Act).

Executive summary

The proposals in this paper seek to develop a strong legislative foundation for New Zealand's immigration system. They will allow the government to facilitate the entry and stay of the people New Zealand wants and needs, and to manage risks to the integrity of the immigration system, and the safety and security of New Zealand, in a fair and balanced way.

Several of the core elements of the 1987 Act will be retained. The key proposals for change include:

1. a simplified visa system that provides for greater clarity and flexibility in managing non-citizens' travel to and stay in New Zealand
2. providing for more responsiveness and efficiency by enabling the Minister of Immigration (the Minister) to delegate positive discretion in residence decision-making to officials, and enabling electronic decision-making
3. a single protection determination procedure that incorporates New Zealand's core immigration-related international obligations
4. a streamlined deportation process that is more efficient while maintaining fairness
5. a robust independent appeals system, including a single appeals tribunal
6. an ability to use classified information in a limited range of decision-making situations without disclosure, balanced by a set of special safeguards
7. enhanced incentives for third parties (employers, education providers and carriers) to comply with their obligations in the immigration system
8. more flexible powers for compliance and enforcement to provide for integrity in the immigration system
9. more flexible and responsive monitoring and detention provisions that maintain a commitment to human rights, and
10. the ability to collect and use specified biometric information for identity verification purposes.

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