Continuing from the Committee’s work in 2006 in respect of the proposed overhaul of the Immigration Act, 2007 was dominated by preparation of submissions on the Immigration Bill presented to Parliament in August. The Committee argued forcefully against a wide range of provisions which appear to dramatically extend the powers of Immigration New Zealand officers, and others which undermine the rights of applicants, visa and permit holders, refugees and overstayers alike. In particular, we joined a chorus of protest at the proposal to broaden the use of classified information and introduce a system of “special advocates” similar to that employed in the Security Risk Certificate procedure against Ahmed Zaoui.

Committee Members appeared before the relevant Select Committee in November and focused on the attempt to introduce sweeping powers of entry and search without warrant, and the erosion of procedural protections inherent in new detention legislation within the Bill.

Preparation of submissions involved numerous extra meetings and considerable after-hours work by several Committee members. Their input is to be commended, and demonstrates the importance of voluntary contributions by members in the Law Society’s role as advocate for the profession.

Work continued on building dialogue with Immigration New Zealand. The Committee identified and sought answers on issues surrounding the increasing use of “verification” procedures. We remained dissatisfied with responses to concerns about the potential for disclosure of information about refugee applicants in their home countries. Meanwhile, attempts were made to progress a review of the refugee Legal Aid rates in the face of apparent inaction by the Legal Services Agency, despite recommendations from a third-party report that an urgent overhaul of the application and grant process is well overdue.

For the second year running, a seminar introducing immigration law and practice to early to medium level practitioners was received favourably by an audience including both practitioners and immigration consultants. The Committee hopes to run a seminar on
refugee issues in 2008.

From year to year immigration law gains prominence as a field of serious and dedicated practice. There is no doubt that under the One Society model the Committee will continue to have an important function in this evolving area of law, where the exercise of administrative discretion frequently jars against the rights and liberties of individuals.