The Government is making procedural changes to the Immigration Act to ensure that 2013 amendments operate as Parliament intended.

The Government is also introducing a new community management approach for asylum seekers.

'While it's unlikely we'll experience a mass arrival due to our remote positioning, there is no doubt New Zealand is a target for people smugglers. As responsible Government we must remain prepared,” says Michael Wood.

'We are introducing a short amendment Bill that will make some procedural changes to the Immigration Act 2009 so that the legislation will work as intended and not detrimentally affect an individual.

'These changes amend provisions to ensure those seeking asylum will have access to adequate legal representation by extending the period that a decision is required to be made by.

'The current Act limits the ability for asylum seekers to gain comprehensive legal representation and jeopardises access to specialist support for highly vulnerable individuals.

'The changes were recommended by officials after they identified issues with implementation of the 2013 legislation.

'The Government will also separately address a key recommendation of the Casey report to develop a community management approach to assist in limiting the detainment of asylum seekers while their claims are processed. This means asylum seekers will be only detained in prisons when absolutely necessary.

'The assessment of asylum claims can take a significant amount of time. A community management approach will extend the tools available to manage asylum seekers. We continue to be focussed on upholding human rights and assisting in integration into New Zealand should a claim be successful.

'The proposed changes demonstrate the Government's commitment to upholding human rights and the rule of law,” says Wood.

The proposed changes will:
• Give the Courts more time to consider applications for mass arrival ‘warrants of commitment' and extend the time a person can be detained so they can obtain adequate legal representation;
• Make it clear that members of an irregular maritime arrival group need to apply for the relevant visa and for entry permission, and if they do not, treat them as though they have applied; and
• Remove any possibility that members of an irregular maritime arrival group hold a visa on arrival.

'The Bill will be considered by the Foreign Affairs, Defence and Trade Committee this year and I encourage people interested to take the opportunity to make a submission on this important piece of legislation,” Michael Wood said.

When Parliament passed the Immigration Amendment Act in 2013, it established a definition of a ‘mass arrival group' and allowed for group ‘warrants of commitment' to support the management of people arriving in a mass arrival.

People currently liable to detention under the Immigration Act include those who are liable for deportation or turnaround but who can't be promptly deported. In practice, detention or management options would only be sought for people who pose some risk, for example of absconding.

This new community management order is intended to respond to some of the concerns raised in the Victoria Casey KC Report on the Restriction of Movement of Asylum claimants, in particular by providing electronic monitoring as an alternative to detention in prison. Further operational work to respond to the Report's recommendations is also underway.

Community management conditions imposed by a court would be tailored to the nature of the risk posed by the individual. They could include things like residency conditions, curfews, the use of electronic monitoring, non-association requirements, restrictions on the use of and provision of technology and media, and attendance at cultural, therapeutic or rehabilitation programmes.