Explanatory note
This Supplementary Order Paper makes the following amendments to the Immigration (COVID-19 Response) Amendment Bill.
Clause 5, new section 50(4B) is amended to adjust the precondition for the making of a special direction under new section 50(4A) (relating to varying or cancelling certain conditions on resident visas). In particular,—
the Minister must be satisfied that the direction does not materially disadvantage the class or classes of persons to which it relates:
the Minister must be satisfied that the making of the special direction is reasonably necessary. This replaces the previous wording “necessary or desirable”:
a further possible ground on which a special direction may be justified is added. That is if the Minister is satisfied that the direction is reasonably necessary to manage the effects, or deal with the consequences, of the outbreak of COVID-19.
Clause 6, new section 52(4B) is amended to adjust the precondition for the making of a special direction under new section 52(4A) (imposing new conditions, or varying or cancelling conditions, on temporary entry class visas). In particular,—
the Minister must be satisfied that the direction—
does not materially disadvantage the class or classes of persons to which it relates; or
relates to compliance with directions, orders, or requirements of the Minister of Health, the Director-General of Health, any medical officer of health, or a District Court Judge in response to COVID-19 given or imposed under the Health Act 1956 or any other Act:
the Minister must be satisfied that the making of the special direction is reasonably necessary. This replaces the previous wording “necessary or desirable”:
a further possible ground on which a special direction may be justified is added. That is if the Minister is satisfied that the direction is reasonably necessary to manage the effects, or deal with the consequences, of the outbreak of COVID-19.
Clause 7, new section 53(4B) is amended to adjust the precondition for the making of a special direction under new section 53(4A) (imposing new conditions, or varying or cancelling conditions, on temporary entry class visas subject to restricted temporary entry instructions). The amendments are the same as those made in relation to new section 52(4B) as set out above.
Clause 8, new section 57(4) is amended to adjust the precondition for the making of a special direction under new section 57(3) (waiving prescribed requirements for applying for a visa). In particular,—
the Minister must be satisfied that the making of the special direction is reasonably necessary. This replaces the previous wording “necessary or desirable”:
a further possible ground on which a special direction may be justified is added. That is if the Minister is satisfied that the direction is reasonably necessary to manage the effects, or deal with the consequences, of the outbreak of COVID-19.
Clause 9, new section 61A(4) is amended to insert a precondition for the making of a special direction under new section 61A(1) (granting of visa to a person by special direction). New section 61A(4)(a) provides that before making the special direction the Minister must be satisfied that the grant of the visa does not materially disadvantage the person to whom it is granted.
Clause 9, new section 61A(4) is also amended to adjust the precondition for the making of a special direction under new section 61A(2) (granting of visa to a class or classes of persons by special direction). In particular,—
the Minister must be satisfied that the grant of the visa does not materially disadvantage the class or classes of persons to whom they are granted:
the Minister must be satisfied that the making of the special direction is reasonably necessary. This replaces the previous wording “necessary or desirable”:
a further possible ground on which a special direction may be justified is added. That is if the Minister is satisfied that the direction is reasonably necessary to manage the effects, or deal with the consequences, of the outbreak of COVID-19.
Clause 11 is amended to adjust the precondition for the making of a special direction under new section 78A(1) (extending temporary entry class visas). In particular,—
the Minister must be satisfied that the making of the special direction is reasonably necessary. This replaces the previous wording “necessary or desirable”:
a further possible ground on which a special direction may be justified is added. That is if the Minister is satisfied that the direction is reasonably necessary to manage the effects, or deal with the consequences, of the outbreak of COVID-19.
Clause 12, new section 86(4B) is amended to adjust the precondition for the making of a special direction under new section 86(4A) (waiving the requirement to hold a transit visa or suspending an existing transit visa waiver). In particular,—
the Minister must be satisfied that the making of the special direction is reasonably necessary. This replaces the previous wording “necessary or desirable”:
a further possible ground on which a special direction may be justified is added. That is if the Minister is satisfied that the direction is reasonably necessary to manage the effects, or deal with the consequences, of the outbreak of COVID-19.
Clause 16 is amended to provide that the regulation-making power for the purpose in new section 401A(1) to suspend the making of applications for visas and expressions of interest may be used only in respect of persons outside New Zealand. In addition, new section 401A(4) is amended to adjust the precondition for the making of the regulations. In particular,—
the Minister must be satisfied that the making of the regulations is reasonably necessary. This replaces the previous wording “necessary or desirable”:
a further possible ground on which the Minister may recommend the making of the regulations is added. This is that the Minister is satisfied that the regulations are reasonably necessary to manage the effects, or deal with the consequences, of the outbreak of COVID-19.
Schedules 1 and 2 are amended to make minor corrections and clarifications.
Departmental disclosure statement
The Ministry of Business, Innovation, and Employment is required to prepare a disclosure statement to assist with the scrutiny of this Supplementary Order Paper. It provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.