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Review of the practices of the Business Migration Branch of the New Zealand Immigration Service during 2002
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BACKGROUND
The Business Migration Branch, on which this investigation focussed, was established in early 1999. Originally, it had only two staff members, and was referred to as the Business Migration Unit. Its purpose was to process two new types of immigration applications: Long Term Business Visas/Permits ("LTBV") and Investor ("Investor") (both in force from 26 July 1999).
At the outset, there were very few applications under these policies, but by the end of 1999 and through into early 2000, the number of applications for both LTBV and Investor status increased dramatically, in turn creating a significant workload for the Business Migration Unit.
In 2000, the Business Migration Unit took on new staff, and following a review, became the Business Migration Branch ("BMB"). Between 2000 and the beginning of 2002, the workload of the BMB continued to grow, and more staff were employed.
In late 2001, Catherine Parton and Peter Hendrikx were appointed as Service Leaders, and they each managed a team of Business Immigration Specialists ("case officers") who were responsible for processing applications. The Service Leaders reported to a Service Manager, Lucky Ma Chee, who in turn reported to the Regional Manager NZ & Pacific, Lorraine Tomlinson. Ms Tomlinson reported to Andrew Lockhart, the Chief Operating Officer, and Mr Lockhart reported to Chris Hampton, the General Manager. (Mr Lockhart became the General Manager in January 2003).
By late 2001/early 2002, as Mr Delamere suggests, a large backlog of applications had built up (approximately 3,000 to 4,000), and each week up to a further 200 applications were lodged. This situation remained relatively constant throughout 2002. Applicants were predominantly from Asia.
Each Service Leader committed each member of his or her team to processing a certain number of applications per month. As will become clear later in this report, throughout 2002 at least, applications were not dealt with strictly in chronological order (i.e. in the order of their filing).
The work environment in the BMB during 2002 was pressured and busy, and, for many of the staff, stressful. There was pressure on the BMB to reduce the backlog of applications as quickly as possible.
On or about 20 November 2002, the LTBV and Investor policies were changed. The most significant change to the LTBV policy was a new requirement that the principal applicant demonstrate a certain level of fluency in English. Stricter English language requirements were also introduced into the Investor policy. These changes led to an immediate reduction in the number of LTBV and Investor applications being lodged.
On 21 January 2003, Michael Carley was appointed Service Manager, replacing Lucky Ma Chee who had resigned. Mr Carley merged the two teams in the BMB into one, and required all applications to be processed on a chronological basis only.