The New Zealand Bill of Rights.

September 22, 2009 by
Filed under: Immigration Advisers 

Contents › Part 2 Civil and political rights

14 Freedom of expression

Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

Contents › Part 1 General provisions 7

Attorney-General to report to Parliament where Bill appears to be inconsistent with Bill of Rights Where any Bill is introduced into the House of Representatives, the Attorney-General shall,—

(a)In the case of a Government Bill, on the introduction of that Bill; or

(b)In any other case, as soon as practicable after the introduction of the Bill,

— bring to the attention of the House of Representatives any provision in the Bill that appears to be inconsistent with any of the rights and freedoms contained in this Bill of Rights.

With thanks to Kiwi Immigration Watch for the heads up.  It seems that the IALA does in fact breach the Bill of Rights, and we do indeed have the right to free speech in New Zealand, despite the best efforts of some people to gag us.

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Comments

6 Comments on The New Zealand Bill of Rights.

  1. Ivan on Tue, 22nd Sep 2009 6:04 pm
  2. You may already be aware that I’m a follower of Immigration news on NZ Herald (among many others). Kiwi Immigration Watch also has an article on NZ Herald:
    http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10597577

    You will note that Registrar, Barry Smedts said:

    “The act’s definition, in essence, states that people have to consider whether they are knowingly advising, assisting, directing or representing another person about immigration matters concerning New Zealand. Anyone who meets this definition is providing immigration advice and must become licensed, unless exempt.”

    Immigration Lawyer Kamil Lashman said:

    “Just from a common sense approach, if the group’s argument was found to be true, then all registration boards in New Zealand will be in breach of the Bill of Rights. That surely cannot be the case.”

    “The freedom referred to in the Bill of Rights falls within the boundaries of non-professionalism.”

    There is obviously a debate on this topic since 4th May when the Act came into effect (don’t know why opposition only came on that date since this topic has been in discussions since about 2 years ago). It’s interesting to find out how this will all unfolds, especially with the new Bill. What new Immigration Bill? Well… That’s another topic.

    Ivan Flinn
    International Advisor
    Woburn International Ltd

  3. Joseph Tobias on Tue, 22nd Sep 2009 6:55 pm
  4. It looks like this could be more then a blog about immigration.This will grow up to political party I believe.You have my support!!
    Try to change a skin colour and freedom of speech will be granted !!!Then we can issue even fake passports without any risk.Because there is one law for everyone!!!

  5. Avalon on Tue, 22nd Sep 2009 7:01 pm
  6. Ivan,

    Yes – i know where it came from – I have been in touch with Kiwi Immigration Watch and will be trying to work with them to get this silly law scrapped.

    What Barry Smedt is saying is about the only thing the IAA can say – and they keep repeating it ad nauseum when asked any sensible question on this issue. They look like idiots. He also knows full well that we CANNOT become licenced – and Im sure you know that too. The licencing requirements means only people such as yourself are eligible. The rest of us are gagged.

    It is also entirely possible to police a profession without telling anyone outside that profession that they do not have the right to free speech.

    The ONLY profession I know of that has managed this spectacular event is New Zealand Immigration Agents. You have managed to drastically reduce your number of competitors; gag any and all free advice; and at least one of your number has laid a spurious complaint against a forum owner.

    What not one of you ever bothered to do is get the INZ Complaints process published. Funny that!

    The fact is – I AM a non-professional. There is no legitimate reason to have a law that says people outside the Immigration AGENT business cannot advise other migrants. kamil Lashman should be aware of the difference between people within a profession who need policing, and people in the community wanting to advise each other.

    As a pharmacist – I was bound by rules and codes of ethics and conduct a helluva lot more powerful and necessary than the IALA, so please understand that I am fully aware of the issues. However those laws that I worked under did not make it illegal for you to advice people on taking headache tablets. It would be illegal for you to pretend you were a pharmacist, or to sell medicines that were determined too srong for public sale. But in NO country would you be gagged from telling people to take Paracetamol for a headche.

    The law that now protects your industry from ourtside comment and dissent does that.

    I have to be honest – your job is just not that special that you should have that kind of protection.

    And you should also be aware that the reason this debate is now out in the public is because people like me – who are affected by this stupid law – are putting it out there. Most of us did not realsie it would be such a pile of badly thought out garbage that it would make it illegal to write on forums and blogs. And none of your collegeues would have complained about it because it protects yoru interests.

    At the end of the day – this law makes New Zealand look ridiculous – and it makes yoru industry look like the only reason you want this is to protect your market share. This law has bugger all to do with protecting migrants – and it sure as hell is not enhancing the reputation of New Zealand – it bloody wrecks it.

    Hxxx

    Now we know what the law entails, and we are bloddy pissed off about it. Not helped by the fact that one of your collegues was such an idiot that he used this law to make a spurious complaint, and the IAA slapped a warning on someone without thinking about it and without doing thier homework.

  7. Avalon on Tue, 22nd Sep 2009 9:36 pm
  8. BTW – you actually dont appear to be a Licenced Advisor yourself. Although your company is listed on the IAA website, as are 3 members of staff – your name is not listed, and you need to be individually licenced.

    Is this an oversight?

    Hxxx

  9. Chris on Tue, 22nd Sep 2009 10:03 pm
  10. Helen,

    I’m sure if you’d put the effort in anytime over the last 2 years and gone down to the IAA offices you would have found the Bill in question quite clearly on display in the information department; which is located in the basement. You’d no doubt have to take a torch and a ladder (as I’m guessing that access is restricted) and look in the important new laws display cabinet which can be found in the bottom drawer of a locked filing cabinet, stuck upside-down in a disused toilet, with a sign on the door saying “Beware of the Leopard”

    Chris xx

  11. Avalon on Tue, 22nd Sep 2009 10:34 pm
  12. Chris

    :)

    Thanks for the giggle!

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