Under recent law changes most deportees aka 501s will need to undergo a rigorous process where criminal convictions in Australia or any other country will now have an impact upon arrival from a detention centre.  Changes will include but may not be restricted to:

  • fingerprints
  • DNA
  • Photographs
  • Possible parole periods and conditions
  • Possible court dates
  • Monitoring and reporting


As a result of the new laws many 501s are opting to not go back to NZ to appeal due to the double jeopardy situation they will face. It's become a sore point with our people in detention who are not looking forward to being punished again and again - particularly if they have already served their time, paid their dues and are going to find it difficult to find employment and starting again. They will somehow have to answer to parole conditions, be in certain places at certain times despite not having definite accommodation, money and guaranteed transport.

Some have been told they will need to report three times per week. How will this impact their chances of employment? The law was rushed, not given adequate funding to address all these issues and our 501s are being continually set up to fit in a system that does not address each situation case by case. On the other hand we see people form countries such as Thailand who have had charges of pedophilia who somehow sidestep the monitoring law altogether. There are many cracks in the policy so there will be a need to adjust it so it becomes a workable and beneficial piece of law that will help care and protect people, not subject them to more punitive processes that could backfire.

Email received from the NZ Consulate: Friday, 18 December 2015

"...Regarding costs of returns, here is a link to the Australian Immigration Minister’s clarification:"

http://www.minister.border.gov.au/peterdutton/2015/Pages/nz-visa-cancellation.aspx

Minister - NZ visa cancellation appeals

Tuesday, 08 December 2015

No individual returned to New Zealand is denied the right to continue appeals processing already underway in relation to the cancellation of their visa.

Cases have already occurred where New Zealand citizens have returned to Australia after receiving an appeal decision in their favour while they were back in New Zealand.

Under Section 501CA(4) of the Migration Act the Minister may revoke the original cancellation decision if:

  1. The person makes representations in accordance with the invitation; and
  2.  the Minister is satisfied:
    1. that the person passes the character test; or
    2. that there is another reason why the original decision should be revoked.

Applications to revoke a visa cancellation will continue to be processed after an individual has departed Australia.

Signing a form to support voluntary removal will have no impact on this obligation, and individuals who have done so should have no concerns.

Processing a revocation application would only cease, if an individual chooses to withdraw their application.

To remove any doubt, I have instructed the Department of Immigration and Border Protection to clarify the wording in all material provided to individuals seeking voluntary removal.

I have made a commitment that New Zealanders who are successful in their revocation application will not be liable for the costs of their voluntary removal and this commitment stands.

See: Index of Media Releases

URL: http://www.minister.border.gov.au/peterdutton/2015/Pages/nz-visa-cancellation.aspx

"We subsequently clarified this statement further through Ministerial correspondence. Costs will be waived for New Zealand 501s whether they choose to appeal their visa cancellation or not. If anyone you speak to is still being told they will need to cover the costs of their return, please encourage them to contact us. The new instructions may still be filtering through to individual detention centres so I would not be surprised if there are still mixed messages around the place..."

Returning Offenders (Management and Information) Bill

Government Bill/Explanatory note/General policy statement

Returning offenders legislation passed

18 November 2015

Parliament has given a third reading to the Returning Offenders (Management and Information) Bill.

The 37-clause bill was introduced by Justice Minister Amy Adams on 17 November 2015 and passed through all stages under urgency. The bill was unopposed, although Green Party MPs abstained from voting.

Coming into force when it receives the Royal Assent, the legislation provides new powers to monitor and supervise returning offenders, defined as "a person who has been convicted in an overseas jurisdiction of an offence for conduct that constitutes an imprisonable offence in New Zealand and, being liable for deportation or removal as a result of that conviction, has returned to New Zealand."

Persons defined as "returning prisoners" under the legislation will be subject to standard release conditions. To be deemed a returning prisoner, a person must have returned to New Zealand within six months of the specified term of imprisonment.

Attorney-General Christopher Finlayson's report on the bill pursuant to section 7 of the New Zealand Bill of Rights Act 1990 says it is inconsistent with the Act in one respect. This is the extension of the regime implemented by the Criminal Investigations (Bodily Samples) Act 1995 to the new legislation. 

In 2009 when the 1995 Act was amended, Mr Finlayson reported that the amendment was inconsistent with the right to be secure against unreasonable search and seizure. "In all other respects I am satisfied that the Bill is consistent with the rights guaranteed by the Bill of Rights Act," he says.

The new legislation contains a provision which requires a mandatory review by the Justice and Electoral Committee. Justice Minister Amy Adams says this review will be undertaken within 18 months.

Simon Bridges: New law for returning offenders

Wednesday Nov 25, 2015

Tauranga MP Simon Bridges: New law for returning offenders

Wednesday Nov 25, 2015

Last week Parliament went into urgency for the passing of legislation to monitor and supervise returning offenders. The number one concern for National has been, and will continue to be, the safety of the New Zealand public.

The new law ensures that returned offenders will be subject to parole-like conditions as if they had served a similar prison sentence in New Zealand. It will automatically apply to any returning offender who was sentenced to more than one year in prison and is returning to New Zealand within six months of their release from custody.

Since learning of Australia's change in immigration policy nine months ago, the Government has been working to ensure that returning offenders will receive the appropriate oversight needed to ensure public safety.

In July, a register of deported offenders was established for use by New Zealand government agencies. This means that we have a clear idea of who is arriving back in the country and when.

In September, a formal information sharing arrangement was signed between New Zealand and Australia, which ensures that we receive up to six months advance notice of potential upcoming deportations as well as information about the deportee. The information, such as conviction records and case history, will help us assess the risk profile of each person. Photographs and fingerprints mean that we can better monitor these people once they arrive back in the country.

Australia has the right to make their own laws and deport New Zealand citizens if they see fit. While we are continuing to raise our concerns with their policy at the highest level, we have to face the reality that these people are returning and we need measures in place to ensure the safety of the New Zealand public.

Hon Amy Adams

Member for Selwyn, National Party

Current Parliamentary Roles

  • Minister of Justice
  • Minister for Courts
  • Minister of Broadcasting
  • Minister for Communications
  • Email: amy.adams@parliament.govt.nz

Jacinda Ardern

List member, Labour Party

Current Parliamentary Roles

  • Member, Justice and Electoral Committee
  • Spokesperson, Justice
  • Spokesperson, Arts, Culture and Heritage
  • Spokesperson, Children
  • Spokesperson, Small Business
  • Chairperson, Parliamentary Service Commission Artworks Committee
  • Email: jacinda.ardern@parliament.govt.nz

Hon Peseta Sam Lotu-Iiga

Member for Maungakiekie, National Party

Current Parliamentary Roles

  • Minister for Pacific Peoples
  • Minister for Ethnic Communities
  • Minister of Corrections
  • Associate Minister of Health
  • Email: peseta.sam.lotu-iiga@parliament.govt.nz

Kelvin Davis

Member for Te Tai Tokerau, Labour Party

Current Parliamentary roles

  • Member, Law and Order Committee
  • Spokesperson, Police
  • Spokesperson, Corrections
  • Associate Spokesperson, Education (Māori)
  • Associate Spokesperson, Regional Affairs
  • Associate Spokesperson Justice (Sexual and Domestic Violence)
  • Associate Spokesperson, Regional Development
  • Email: Kelvin.Davis@parliament.govt.nz

Jacqui Dean

Member for Waitaki, National Party

Current Parliamentary Roles

  • Chairperson, Justice and Electoral Committee
  • Member, Health Committee
  • Parliamentary Private Secretary to the Minister of Tourism
  • Parliamentary Private Secretary to the Minister of Local Government
  • Email: jacqui.dean@parliament.govt.nz

Metiria Turei

List member, Green Party

Current Parliamentary Roles

  • Party Co-Leader
  • Member, Justice and Electoral Committee
  • Spokesperson, Inequality
  • Spokesperson, Building and Housing (including Social Housing, HNZ)
  • Spokesperson, National Intelligence
  • Spokesperson, Security
  • Email: metiria.turei@parliament.govt.nz

Denis O’Rourke

List member, NZ First

Current Parliamentary Roles

  • Member, Justice and Electoral Committee
  • Member, Standing Orders Committee
  • Spokesperson, Attorney-General and Courts
  • Spokesperson, Christchurch Earthquake Issues
  • Spokesperson, Security Issues
  • Spokesperson, Constitutional Review
  • Spokesperson, Housing
  • Spokesperson, Justice
  • Spokesperson, Transport
  • Spokesperson, Climate Change
  • Spokesperson, Environment and RMA
  • Spokesperson, Government Communications Security Bureau
  • Email: denis.orourke@parliament.govt.nz

Jono Naylor

List member, National Party

Current Parliamentary Roles

  • Deputy Chairperson, Justice and Electoral Committee
  • Member, Social Services Committee
  • Email: Jono.naylor@parliament.govt.nz

David Clendon

List member, Green Party

Current Parliamentary Roles

  • Musterer
  • Member, Law and Order Committee
  • Member, Business Committee
  • Member, Officers of Parliament Committee
  • Member, Standing Orders Committee
  • Member, Parliamentary Service Commission
  • Spokesperson, Tourism
  • Spokesperson, Small Business
  • Spokesperson, Criminal Justice (including Courts, Corrections, Police)
  • Member, Parliamentary Service Commission Precincts Committee
  • Email: david.clendon@parliament.govt.nz

Marama Fox

List member, Māori Party

Current Parliamentary Roles

  • Party Co-Leader
  • Member, Justice and Electoral Committee
  • Member, Māori Affairs Committee
  • Member, Business Committee
  • Member, Standing Orders Committee
  • Member, Parliamentary Service Commission
  • Member, Parliamentary Service Commission Artworks Committee
  • Member, Parliamentary Service Commission Precincts Committee
  • Email: marama.fox@parliament.govt.nz

Chris Bishop

List member, National Party

Current Parliamentary Roles

  • Deputy Chairperson, Finance and Expenditure Committee
  • Member, Justice and Electoral Committee
  • Member, Regulations Review Committee
  • Email: chris.bishop@parliament.govt.nz

Hon David Parker

List member, Labour Party

Current Parliamentary Roles

  • Member, Regulations Review Committee
  • Deputy Chairperson, Privileges Committee
  • Shadow Attorney General
  • Spokesperson, Growth and Treaty of Waitangi Negotiations
  • Spokesperson, Trade and Export Growth
  • Email: david.parker@parliament.govt.nz

David Shearer

Member for Mt Albert, Labour Party

Current Parliamentary Roles

  • Member, Foreign Affairs, Defence and Trade Committee
  • Spokesperson, Foreign Affairs
  • Spokesperson, Consumer Affairs
  • Email: david.shearer@parliament.govt.nz

Alfred Ngaro

List member, National Party

Current Parliamentary Roles

  • Chairperson, Social Services Committee
  • Member, Justice and Electoral Committee
  • Email: alfred.ngaro@parliament.govt.nz

Party vote:

Committee Stage - Part 1

Jacinda Ardern

List member, Labour Party

Current Parliamentary Roles

  • Member, Justice and Electoral Committee
  • Spokesperson, Justice
  • Spokesperson, Arts, Culture and Heritage
  • Spokesperson, Children
  • Spokesperson, Small Business
  • Chairperson, Parliamentary Service Commission Artworks Committee
  • Email: jacinda.ardern@parliament.govt.nz

Kelvin Davis

Member for Te Tai Tokerau, Labour Party

Current Parliamentary roles

  • Member, Law and Order Committee
  • Spokesperson, Police
  • Spokesperson, Corrections
  • Associate Spokesperson, Education (Māori)
  • Associate Spokesperson, Regional Affairs
  • Associate Spokesperson Justice (Sexual and Domestic Violence)
  • Associate Spokesperson, Regional Development
  • Email: Kelvin.Davis@parliament.govt.nz

Hon Phil Goff

Member for Mt Roskill, Labour Party

Current Parliamentary Roles

  • Member, Law and Order Committee
  • Member, Foreign Affairs, Defence and Trade Committee
  • Spokesperson, Ethnic Affairs
  • Spokesperson, Defence
  • Spokesperson, Veterans' Affairs
  • Spokesperson, Disarmament
  • Spokesperson, Auckland Issues
  • Email: phil.goff@parliament.govt.nz

Grant Robertson

Member for Wellington Central, Labour Party

Current Parliamentary Roles

  • Member, Finance and Expenditure Committee
  • Member, Privileges Committee
  • Spokesperson, Finance
  • Email: grant.robertson@parliament.govt.nz

David Shearer

Member for Mt Albert, Labour Party

Current Parliamentary Roles

  • Member, Foreign Affairs, Defence and Trade Committee
  • Spokesperson, Foreign Affairs
  • Spokesperson, Consumer Affairs
  • Email: david.shearer@parliament.govt.nz

David Clendon

List member, Green Party

Current Parliamentary Roles

  • Musterer
  • Member, Law and Order Committee
  • Member, Business Committee
  • Member, Officers of Parliament Committee
  • Member, Standing Orders Committee
  • Member, Parliamentary Service Commission
  • Spokesperson, Tourism
  • Spokesperson, Small Business
  • Spokesperson, Criminal Justice (including Courts, Corrections, Police)
  • Member, Parliamentary Service Commission Precincts Committee
  • Email: david.clendon@parliament.govt.nz

Iain Lees-Galloway

Member for Palmerston North, Labour Party

Current Parliamentary Roles

  • Member, Transport and Industrial Relations Committee
  • Spokesperson, Labour
  • Email: iain.lees-galloway@parliament.govt.nz

Hon Phil Goff

Member for Mt Roskill, Labour Party

Current Parliamentary Roles

  • Member, Law and Order Committee
  • Member, Foreign Affairs, Defence and Trade Committee
  • Spokesperson, Ethnic Affairs
  • Spokesperson, Defence
  • Spokesperson, Veterans' Affairs
  • Spokesperson, Disarmament
  • Spokesperson, Auckland Issues
  • Email: phil.goff@parliament.govt.nz

Marama Fox

List member, Māori Party

Current Parliamentary Roles

  • Party Co-Leader
  • Member, Justice and Electoral Committee
  • Member, Māori Affairs Committee
  • Member, Business Committee
  • Member, Standing Orders Committee
  • Member, Parliamentary Service Commission
  • Member, Parliamentary Service Commission Artworks Committee
  • Member, Parliamentary Service Commission Precincts Committee
  • Email: marama.fox@parliament.govt.nz

Party Vote:

Catherine Delahunty

List member, Green Party

Current Parliamentary Roles

  • Member, Education and Science Committee
  • Spokesperson, Education (including Novopay)
  • Spokesperson, Water
  • Spokesperson, Human Rights
  • Spokesperson, Te Tiriti o Waitangi
  • Email: catherine.delahunty@parliament.govt.nz

Denis O’Rourke

List member, NZ First

Current Parliamentary Roles

  • Member, Justice and Electoral Committee
  • Member, Standing Orders Committee
  • Spokesperson, Attorney-General and Courts
  • Spokesperson, Christchurch Earthquake Issues
  • Spokesperson, Security Issues
  • Spokesperson, Constitutional Review
  • Spokesperson, Housing
  • Spokesperson, Justice
  • Spokesperson, Transport
  • Spokesperson, Climate Change
  • Spokesperson, Environment and RMA
  • Spokesperson, Government Communications Security Bureau
  • Email: denis.orourke@parliament.govt.nz

Hon Amy Adams

Member for Selwyn, National Party

Current Parliamentary Roles

  • Minister of Justice
  • Minister for Courts
  • Minister of Broadcasting
  • Minister for Communications
  • Email: amy.adams@parliament.govt.nz

Jacinda Ardern

List member, Labour Party

Current Parliamentary Roles

  • Member, Justice and Electoral Committee
  • Spokesperson, Justice
  • Spokesperson, Arts, Culture and Heritage
  • Spokesperson, Children
  • Spokesperson, Small Business
  • Chairperson, Parliamentary Service Commission Artworks Committee
  • Email: jacinda.ardern@parliament.govt.nz

Hon David Parker

List member, Labour Party

Current Parliamentary Roles

  • Member, Regulations Review Committee
  • Deputy Chairperson, Privileges Committee
  • Shadow Attorney General
  • Spokesperson, Growth and Treaty of Waitangi Negotiations
  • Spokesperson, Trade and Export Growth
  • Email: david.parker@parliament.govt.nz

Hon Amy Adams

Member for Selwyn, National Party

Current Parliamentary Roles

  • Minister of Justice
  • Minister for Courts
  • Minister of Broadcasting
  • Minister for Communications
  • Email: amy.adams@parliament.govt.nz

THIRD READING

Hon Amy Adams

Member for Selwyn, National Party

Current Parliamentary Roles

  • Minister of Justice
  • Minister for Courts
  • Minister of Broadcasting
  • Minister for Communications
  • Email: amy.adams@parliament.govt.nz

Jacinda Ardern

List member, Labour Party

Current Parliamentary Roles

  • Member, Justice and Electoral Committee
  • Spokesperson, Justice
  • Spokesperson, Arts, Culture and Heritage
  • Spokesperson, Children
  • Spokesperson, Small Business
  • Chairperson, Parliamentary Service Commission Artworks Committee
  • Email: jacinda.ardern@parliament.govt.nz

Hon Peseta Sam Lotu-Iiga

Member for Maungakiekie, National Party

Current Parliamentary Roles

  • Minister for Pacific Peoples
  • Minister for Ethnic Communities
  • Minister of Corrections
  • Associate Minister of Health
  • Email: peseta.sam.lotu-iiga@parliament.govt.nz

Kelvin Davis

Member for Te Tai Tokerau, Labour Party

Current Parliamentary roles

  • Member, Law and Order Committee
  • Spokesperson, Police
  • Spokesperson, Corrections
  • Associate Spokesperson, Education (Māori)
  • Associate Spokesperson, Regional Affairs
  • Associate Spokesperson Justice (Sexual and Domestic Violence)
  • Associate Spokesperson, Regional Development
  • Email: Kelvin.Davis@parliament.govt.nz

Jacqui Dean

Member for Waitaki, National Party

Current Parliamentary Roles

  • Chairperson, Justice and Electoral Committee
  • Member, Health Committee
  • Parliamentary Private Secretary to the Minister of Tourism
  • Parliamentary Private Secretary to the Minister of Local Government
  • Email: jacqui.dean@parliament.govt.nz

Metiria Turei

List member, Green Party

Current Parliamentary Roles

  • Party Co-Leader
  • Member, Justice and Electoral Committee
  • Spokesperson, Inequality
  • Spokesperson, Building and Housing (including Social Housing, HNZ)
  • Spokesperson, National Intelligence
  • Spokesperson, Security
  • Email: metiria.turei@parliament.govt.nz

Denis O’Rourke

List member, NZ First

Current Parliamentary Roles

  • Member, Justice and Electoral Committee
  • Member, Standing Orders Committee
  • Spokesperson, Attorney-General and Courts
  • Spokesperson, Christchurch Earthquake Issues
  • Spokesperson, Security Issues
  • Spokesperson, Constitutional Review
  • Spokesperson, Housing
  • Spokesperson, Justice
  • Spokesperson, Transport
  • Spokesperson, Climate Change
  • Spokesperson, Environment and RMA
  • Spokesperson, Government Communications Security Bureau
  • Email: denis.orourke@parliament.govt.nz

Jono Naylor

List member, National Party

Current Parliamentary Roles

  • Deputy Chairperson, Justice and Electoral Committee
  • Member, Social Services Committee
  • Email: Jono.naylor@parliament.govt.nz

David Clendon

List member, Green Party

Current Parliamentary Roles

  • Musterer
  • Member, Law and Order Committee
  • Member, Business Committee
  • Member, Officers of Parliament Committee
  • Member, Standing Orders Committee
  • Member, Parliamentary Service Commission
  • Spokesperson, Tourism
  • Spokesperson, Small Business
  • Spokesperson, Criminal Justice (including Courts, Corrections, Police)
  • Member, Parliamentary Service Commission Precincts Committee
  • Email: david.clendon@parliament.govt.nz

Marama Fox

List member, Māori Party

Current Parliamentary Roles

  • Party Co-Leader
  • Member, Justice and Electoral Committee
  • Member, Māori Affairs Committee
  • Member, Business Committee
  • Member, Standing Orders Committee
  • Member, Parliamentary Service Commission
  • Member, Parliamentary Service Commission Artworks Committee
  • Member, Parliamentary Service Commission Precincts Committee
  • Email: marama.fox@parliament.govt.nz

Alfred Ngaro

List member, National Party

Current Parliamentary Roles

  • Chairperson, Social Services Committee
  • Member, Justice and Electoral Committee
  • Email: alfred.ngaro@parliament.govt.nz

Hon David Parker

List member, Labour Party

Current Parliamentary Roles

  • Member, Regulations Review Committee
  • Deputy Chairperson, Privileges Committee
  • Shadow Attorney General
  • Spokesperson, Growth and Treaty of Waitangi Negotiations
  • Spokesperson, Trade and Export Growth
  • Email: david.parker@parliament.govt.nz

Chris Bishop

List member, National Party

Current Parliamentary Roles

  • Deputy Chairperson, Finance and Expenditure Committee
  • Member, Justice and Electoral Committee
  • Member, Regulations Review Committee
  • Email: chris.bishop@parliament.govt.nz

Party Vote: