What is in this book?
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2 What is in this book? Before you start Page 3 Hard words Page 4 About Immigration NZ Page 5 Complaints about Immigration NZ the Ombudsman can look into Page 9 Complaints about Immigration NZ the Ombudsman cannot look into Page 16 1
3 Complaints about the service Immigration New Zealand give you Page 18 Making a complaint about a decision made by Immigration New Zealand Page 21 How to make a complaint to the Ombudsman Page 24 List of hard words Page 31 Other Ombudsman fact sheets Page 40 2
4 Before you start This is a long document. While it is written in Easy Read it can be hard for some people to read a document this long. Some things you can do to make it easier are: read it a few pages at a time have someone to assist you to understand it. 3
5 Hard words There are some words in this book that may be hard to understand. These words are in large print. Go to the List of hard words on page 32 if you want to know what the words mean. 4
6 About Immigration New Zealand Immigration New Zealand (INZ) is a government agency. Government agencies report to the Government. INZ is part of the Ministry of Business, Innovation and Employment (the Ministry). INZ make decisions about people that come to New Zealand from other countries. Immigration is when a person wants to move from 1 country to another country to live. 5
7 INZ can decide what a person is allowed to do when they come to New Zealand. INZ decisions can be about if someone wants to: visit New Zealand study in New Zealand work in New Zealand live in New Zealand. 6
8 The Ombudsmen Act (OA) tells the Ombudsman what complaints we can deal with. The Ombudsman can look into a complaint about INZ when it is about: administrative conduct how Immigration NZ is run getting official information from INZ. This fact sheet is only about complaints about how INZ is run. 7
9 For information about complaints to do with getting official information read our booklet called: Making or complaining about requests for Official Information. 8
10 Complaints about Immigration NZ the Ombudsman can look into The Ombudsman can look into a complaint about INZ when it is about how INZ is run. This means we can look into complaints about things INZ have done like: decisions INZ have made when a temporary entry is given to somebody to stay in New Zealand for a short time This might mean because somebody wants to study, visit, or work in New Zealand for a short time. 9
11 decisions INZ have made when somebody has said they might want to live in New Zealand This is called an expression of interest. decisions INZ have made about Section 61 of the Immigration Act decisions INZ have made about interim visa requests if the Minister gives special directions when a temporary visa has been cancelled. 10
12 People from other countries usually need a visa in their passport to be able to stay or live in New Zealand. things INZ has said to the Minister of Immigration or Associate Minister of Immigration The Ombudsman cannot look into a decision made by the Minister or the Associate Minister. 11
13 The Ombudsman can look at the way that INZ has got to a decision. We can look at INZ processes linked to: Processes are the steps you need to take to do something. deportation sorting out applications refugee status. 12
14 The Ombudsman can also look into things like the way INZ do things when: it will not take your application about wanting to live in New Zealand it is taking too long to make a decision it has not got back to you about a letter or you have sent them it is giving you the wrong advice it is not giving you enough information it is not giving you the information you need 13
15 it has lost documents and information about your complaint its staff are being rude or unhelpful it has not given you information in accessible ways that you can read or understand its waiting rooms are not comfortable it handled your complaint badly when you made a complaint using INZ s Complaint and Feedback Process (CFP) 14
16 The CFP is the way you make a complaint to INZ. It sets out the steps you need to take to make a complaint to INZ. it has said no to look into your complaint because it has taken you too long to tell INZ about your complaint. 15
17 Complaints about INZ the Ombudsman cannot look into The Ombudsman cannot normally look into decisions made by INZ about: if somebody wants to live in New Zealand for a long time refugee status when a refugee needs be kept safe in New Zealand when somebody is going to be deported. 16
18 The Ombudsman cannot look into these things because you have the right to appeal to the Immigration and Protection Tribunal. This means the Tribunal can look into a decision INZ have made that you are not happy with. The Ombudsman is not normally able to look into decisions that a Tribunal can have another look at. The Ombudsman cannot look into a decision made by a Minister of Immigration or Associate Minister of Immigration. 17
19 Complaints about the service INZ gives you INZ has a way to deal with complaints about: when you get bad service from INZ the way INZ has made a decision. You need to make a complaint to INZ before you contact the Ombudsman. The INZ complaint process is called the Complaint and Feedback Process (CFP). 18
20 The Complaint and Feedback Process (CFP): There are 3 ways to try and sort out your problem using the CFP. 1. You can use the online complaint form. Visit the INZ website to: 2. You can write an to INZ s Central Feedback Team: 19
21 3. You can write a letter to: Central Feedback Team INZ Ministry of Business, Innovation, and Employment PO Box 1473 Wellington 6140 If you are still not happy with what INZ has done about your complaint you can talk to the Ombudsman. We will decide if we can look into your complaint. 20
22 Making a complaint about a decision made by INZ Some complaints are about a decision INZ has made This means you may think that INZ has made the wrong decision. You will not be able to use the CFP if you are making a complaint about a wrong decision. 21
23 You can contact the Ombudsman: if you are not sure if you can use the CFP to sort out your complaint if your complaint is about a decision made by the INZ you think is wrong. We will talk to INZ to check if your problem can or cannot be sorted out using the CFP process. If we think your problem can be sorted out this way we will send your complaint back to INZ. 22
24 If we think the CFP process cannot deal with your problem we will look at your complaint to see if we can assist you. 23
25 How to make a complaint to the Ombudsman If you cannot sort out your problem with INZ you can talk to the Ombudsman. Important note If you are making a complaint for another person it is important that you show us that the person has said you can do this. You will need to give us all this information: 1. your full name, contact details We will tell you if we have to give your contact details to someone else. 24
26 2. your INZ client number 3. the full names of your family members that are on the INZ application forms 4. if your problem needs to be sorted out very quickly You will need to tell us why you think this. 5. information about your immigration history For example, what things have you done to try to live in New Zealand? 25
27 6. information about your current immigration status For example, do you have a visa to say you can live in New Zealand? You will have to tell the Ombudsman the date the visa will stop. If you are in New Zealand unlawfully you will need to tell us if you are waiting for compliance action. 7. information about the decision INZ made to make you unhappy Tell us why you think INZ did the wrong thing. 26
28 8. how you would like your problem to be fixed 9. tell us what you have done to try and sort out your problem with INZ 10. tell us if you are still trying to sort out the problem with INZ 11. give us all the information you have about your problem. Give us things like letters and s about your complaint. Before you contact the Ombudsman you might want to think about asking INZ for your information. 27
29 The Privacy Act tells INZ that it should give you the information it has about you. If you want to find out more about this visit the Privacy Commissioner s website: 28
30 You can make a complaint to the Ombudsman by: calling us: Free Phone: using our online complaint form: ing us: info@ombudsman.parliament.nz writing us a letter and posting it to: The Office of the Ombudsman P.O. Box Wellington 6143 faxing us: Fax:
31 Our offices are open: 8:30am to 5pm Monday to Friday. Call to make a time if you need to come and see us. There is an Ombudsman office in Auckland, Wellington and Christchurch: Auckland Level 10, Shortland Street, Auckland 1010 Wellington Level 7, 70 The Terrace, Wellington 6011 Christchurch Level 2, 138 Victoria Street, Christchurch
32 List of hard words Administrative conduct Administration means the way a group of people run an agency or organisation. Conduct is the way people behave or do things. Administrative conduct is the way an agency is run by people. Appeal An appeal means to ask the Court to have a decision made by the INZ looked at again. The Court might say: INZ was right INZ was wrong. 31
33 Application If you make an application this means you ask for: something or something to happen. For example, making an application for a benefit or a licence to drive. Application form You make an application by filling out an application form. An application form will ask you lots of questions that you have to answer. 32
34 Cancelled If something is cancelled it means it has stopped or ended. If your visa is cancelled it stops working. This means you cannot do what the visa said you could do. Compliance Action Compliance means that you will do something that somebody or something has told you to do. Compliance Action means that you will take the steps to do what you have said you will do. 33
35 For example, if you are in New Zealand without a visa and you have been told that you need to get a visa: you need to do the things that you need to do to get your visa. Deported If you are deported you have to leave New Zealand and go back to the country you came from. Immigration and Protection Tribunal The Immigration and Protection Tribunal is a group of people that can look into decisions INZ have made. Interim Interim means for a short time. 34
36 Official information Official information is the information a government agency has. You can ask to see this information. Processes Processes are the steps you need to take to do something. Refugee A refugee is a person who has to leave their own country and move to another country to be safe from harm. Resolution Resolution means to sort out a problem so that you are happy with how it has been sorted out. 35
37 Section 61 Section 61 is a part of the Immigration Act. You cannot live in New Zealand after the date your visa stops. It is breaking the law to do so. Section 61 says that if this happens you can ask INZ to help you live in New Zealand. INZ do not have to do this. Special directions Special directions are given by the Minister of Immigration. This means the Minister can tell INZ what to do about an immigration problem. 36
38 Status Status is about what someone or something is doing now. For example, if the Ombudsman asks you about the status of your immigration this means we want to know what is happening now. We will need to know things like if you have a visa or a temporary visa. Temporary Temporary means something will only happen for a short time. For example, a temporary visa only lets you live in New Zealand for a short time. 37
39 Temporary visa A temporary visa tells someone if they can wait in New Zealand while INZ make a decision if they can stay in New Zealand or not. Tribunal A tribunal is like a court. Unlawfully Unlawfully means that you doing something that is breaking the law. For example, if you come to live in New Zealand from another country and you do not have the right visa to do this. This means you are living in New Zealand unlawfully. 38
40 Visa A visa is a document that INZ gives you to say you can stay in New Zealand. 39
41 Other Ombudsman fact sheets We have made other fact sheets about making complaints to other agencies. They are all in Easy Read. The other fact sheets are about making complaints about: ACC (Accident Compensation Corporation) EQC (Earthquake Commission) 40
42 Inland Revenue Department Oranga Tamariki Ministry for Children Work and Income 41
43 This information has been translated into Easy Read by People First New Zealand Inc. Ngā Tāngata Tuatahi 42
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