Hon Lianne Dalziel - October 2000 Transitional Policy

How will these transitional provisions work?

This will be a two-step regularisation programme. It is for a limited time, only six months, and it is only for those people who arrived in New Zealand before 1 October 1999 and who can be considered "well settled". There will be a two-year period prior to any application for residency being accepted. It is a one-off measure to assist those who would otherwise be caught by tough, new immigration laws.

For these transitional provisions, "well-settled" is someone who has lived in New Zealand for more than five years, has one or more New Zealand-born children or is living in a stable de facto relationship (two years duration) or marriage with a New Zealand citizen or resident.

Overstayers are people who are in New Zealand unlawfully because they have remained in New Zealand beyond the period specified in their permit.

It seems that if you are an overstayer and manage to remain in New Zealand long enough, you will be allowed to live here.

It's about accepting the current situation as it is and finding a solution to it. Overstaying is a problem experienced by most democratic countries. The previous Government took only one step to resolve the issue, but we now have between an estimated 18,900 and 22,400 overstayers in New Zealand. On 1 October 2000, a tough new law takes effect that makes it easier to remove from New Zealand people who live here unlawfully through a one-step removal process.

From 1 October, the appeal period will run until 42 days from the expiry of someone's permit to stay in New Zealand. After that time, there is no right of appeal and overstayers can be removed from New Zealand anytime after that 42 day period.

The 1991 Transitional Policy was ineffective because it was not accompanied by the removal regime that is to come into place on 1 October. But this new removal regime would be undermined by the existence of significant numbers of well-settled overstayers. It is the combination of the two that will be effective in addressing the problem of overstaying.

It recognises that removing "well-settled" people from New Zealand is not fair. Many of them have been here for a number of years, have contributed to their local communities, even have New Zealand born children who are citizens of this country.

It will help by reducing the number of people living in New Zealand unlawfully. It will alleviate social problems at both the individual and community level through removing a major source of stress and distress. It will help limit the level of exploitation from unscrupulous employers experienced by a number of overstayers. It will ensure that children of overstayers will be able to receive immediate attention from their local GP when they're sick, rather than waiting until the children need to be hospitalised because their parents are too scared to see their GP. And it will allow children to attend local schools without the fear of being removed from New Zealand.

Not at all. It's not like these people are coming into the community now. Most will have been here for more than five years. But they can now contribute to their health and education needs through taxation by working legally. Not much will change for those who have been working legally and paying tax, other than the fact they will be legally allowed to stay.

Providing an applicant meets the criteria for the provisions, their removal order will be cancelled and their application will be processed. However, anyone served with a removal order who does not meet the criteria will not be eligible to apply.