Immigration (Pacific Climate Refugees) Amendment Bill

1. Title

This Act is the Immigration (Pacific Climate Refugees) Amendment Act 2018

2. Commencement

This Act comes into force the day after it receives the Royal Assent.

3. Purpose

The purpose of this Act is to expand refugee eligibility beyond the Refugee Convention, the Convention Against Torture, and the Covenant on Civil and Political Rights to include Pacific peoples displaced by climate change.

4. New section 131A (Recognition as protected person due to Pacific climate change displacement)

After section 131, insert:

131A. Recognition as protected person due to Pacific climate change displacement

• (1) A person must be recognised as a protected person in New Zealand due to Pacific climate change displacement if there are substantial grounds for believing that the person is faced with or has a genuine risk of permanent displacement from their home, which is or is in a Pacific Island country, because of environmental changes or damage directly or indirectly due to climate change.
• (2) For the purposes of determining whether there are substantial grounds under subsection (1), the refugee and protection officer concerned must take into account all relevant considerations, including, if applicable, the impact of environmental damage and amage directly or indirectly due to climate change in the country concerned and the impact this has on the local population including the person concerned.
• (3) A person who has been recognised as a protected person under subsection (1) cannot be deported from New Zealand except in the circumstances set out in section 164(4).
• (4) In this section, torture has the same meaning as in the Convention Against Torture.

5. Section 137 amended (Matters to be determined by refugee and protection officer)

• (1) In section 137(1)(c) replace "." with "; and".
• (2) After section 137(1)(c), insert the following:

• (d) whether to recognise the claimant as a protected person on the ground set out in section 131A.

6. Section 143 amended (Cessation of recognition as refugee or protected person)

• (1) In section 143(a)(iii), replace "." with ":".
• (2) After section 143(a)(iii), insert:

• (iv) there are no longer substantial grounds for believing that the person, if deported from New Zealand, the person is faced with or has a genuine risk of permanent displacement from their home, which is or is in a Pacific Island country, because of environmental changes or damage directly or indirectly due to climate change.

7. Section 164 amended (Limitation on deportation of persons recognised or claiming recognition as refugee or protected person)

• (1) In section 164(4)(b), replace "." with "; or".
• (2) After section 164(4)(b), insert:

• (c) climate change displacement.

8. Section 198 amended (Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition)

After section 198(1)(b)(iii), insert:

• (iv) whether to recognise the person as a protected person on the ground set out in section 131A; and

9. Transitional regulations

• (1) The Governor-General may, by Order in Council, make regulations-
  • (a) providing transitional and savings provisions concerning the coming into force of this Act:
  • (b) providing that, subject to such conditions as may be specified in the regulations, during a specified transitional period,—
  • (i) specified provisions of this Act (including definitions) do not apply:
  • (ii) specified terms have the meaning given to them by the regulations:
  • (iii) specified provisions repealed or amended or revoked by this Act are to continue to apply:
  • (c) providing for any other matters necessary for facilitating or ensuring an orderly transition from the provisions of the former Act to the provisions of this Act.
• (2) No regulations made under this section may be made, or continue in force, later than 2 years after the date on which this section commences.

B.105 - Immigration (Pacific Climate Refugees) Amendment Bill was submitted by the Honourable Minister of Internal Affairs /u/eelsemaj99 (TOP) on behalf of the government.

First reading debate will conclude at 10am, 13 December 2018.