- Immigration Act Review Terms of Reference
- Misuse of Drugs Act Passed
- Land Transport Amendment Bill
- Bill to Regulate Immigration Advisers Introduced
- Tax Bill Passes
Legislation Notes
Immigration Act Review Terms of Reference
The terms of reference for the review of the 18-year-old Immigration Act have been released. Work will be divided into seven broad areas:
- purpose and principles of immigration legislation;
- entry to NZ and migrant obligations;
- grant of protection in NZ (such as refugees);
- enforcement;
- expulsion;
- review and appeal; and
- inter-related issues (such as levels of decision making).
Part 4A of the Act, which covers security risk issues, will be reviewed separately. It is expected law changes resulting from the review will be introduced into Parliament within two years.
Misuse of Drugs Act Passed
Parliament has passed new drugs legislation that will place restrictions on the sale of party pills, or so-called legal highs. The Misuse of Drugs Amendment Bill limits the sale of BZP or benzylpiperazine-based pills, to people 18-years-old and over. It also toughens the laws around methamphetamine, lowering the amount a person can carry before they are deemed to be a dealer, from 59g to 5g. And it creates new offences for the importation of substances used to make methamphetamine or P.
Land Transport Amendment Bill
The main points of the legislation include:
- it is now illegal for those with convictions for serious sexual or violent offences to hold Passenger endorsements (convicted rapists and murderers are barred from driving taxis);
- care workers specifically exempted from requiring a Passenger endorsements;
- clarifying the rules allowing operators of courtesy transport services to continue to do so; and
- clarifying the rules applying to small electrically power vehicles such as mobility scooters.
There are also changes to the law applying to the worst speeders and drink drivers. From 16 January 2006, the Police will have the power to suspend licences at the roadside for 28 days for exceeding the speed limit by 40km/hour or having a blood alcohol level above 130mg/100ml (or breath equivalent). There is no change to the blood alcohol limit of 80/100ml (or breath equivalent).
Bill to Regulate Immigration Advisers Introduced
The Immigration Advisers Licensing Bill would make it an offence to provide immigration advice without a licence. Offenders could face a fine of up to $100,000, seven years imprisonment, or both. Licences will need to be renewed annually, and details of licensed immigration advisers will be recorded and updated on a public register. Licences are expected to cost $1,000-$2,000 a year.
The Bill would also set up an Immigration Advisers Authority, headed by a Registrar, as a separate body within the Labour Department. The legislation would also include offshore advisers who would be able to opt-in to the licensing regime for the first three years. After that it would be mandatory. The not-for-profit sector would be subject to regulation, but would not pay the full licensing fee (there's a range of not-for-profit organisations that help people out with their immigration applications).
Tax Bill Passes
Foreign owned banks operating in NZ will be required to pay "sufficient tax" on their NZ income as part of a tax bill recently passed by Parliament. New rules will mean that the income of banks cannot be sheltered by interest deductions arising from excessive debt. Banks will not have access to interest deductions if they do not hold a level of equity equivalent to four percent of their NZ banking assets, weighted for risk.
The bill also aims to make it easier for businesses to claim tax deductions for environmental expenditure, allowing environmental costs, like other business costs, to be taken into account for tax purposes. It introduces statutory "privilege" - or a right not to disclose certain documents - to confidential tax advice that is given by advisors such as chartered accountants.
Other changes include:
- clarification of the income tax rules on transfers of assets and liabilities to beneficiaries when a taxpayer dies;
- technical amendments to the tax depreciation rules to improve their operation and reduce compliance costs; and
- introducing a six-year tax exemption on income from non-resident drilling rigs and seismic ships involved in exploration for petroleum in NZ, as part of a range of measures designed to boost gas exploration.
Contact for Enquiries
The Ministry of Agriculture and Forestry
Pastoral House
25 The Terrace
PO Box 2526, Wellington
Tel: 0800 00 83 33
Fax: +64 4 894 0720
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