Australia's guestworkers? A discussion of the rights of New Zealand citizens to enter, reside and work in Australia

<p>New Zealanders and Australians have enjoyed free movement across the Tasman since early European settlement of both countries. They have been able to live and work in either country for indeterminate periods, and up until recently, enjoyed many of the same benefits as permanents residents of their respective countries. However from 2001 the Australian government has cut back the entitlements of New Zealanders in Australia to welfare and other benefits. This paper explores the legal position of New Zealanders in Australia and the reasons behind the Australian government’s moves. It will argue that New Zealanders who do not meet the usual permanent residence criteria are effectively being used as temporary migrant labour in Australia. Even where they make Australia their long-term home they have no access to an alternative path to residence and citizenship. Excluded from the franchise, they are in a position of “civic marginalization” in which they have no direct influence over policies such as the 2001 changes to social welfare. The paper will conclude by considering briefly whether a human rights approach could provide a mechanism for these “Ozkiwis” to address differential treatment that has arisen as a result of their civic marginalisation.</p>

Wars, Pandemics and Emergencies: What Can History Tell Us about Executive Power and Surveillance in Times of Crisis?

University of New South Wales Law Journal ◽

10.53637/vkbu2144 ◽

2021 ◽

Vol 44 (1) ◽

Author(s):

Yee-Fui Ng ◽

Stephen Gray

Keyword(s):

Human Rights ◽

War On Terror ◽

Contact Tracing ◽

Executive Power ◽

Individual Rights ◽

Australian Government ◽

Spanish Flu ◽

Second World ◽

Historical Uses

In the fight against coronavirus, the Australian government has enacted a series of measures that represent an expansion of executive powers. These include the use of smartphone contact-tracing technology, mandatory isolation arrangements, and the closure of businesses. Critics have expressed concerns about the long-term implications of these measures upon individual rights.?This article will analyse the validity of such concerns in the context of other historical uses of executive power in Australia in times of crisis: during the Spanish Flu pandemic of 1918, the First and Second World Wars, and the ‘War on Terror’ post-September 2001. Drawing its conclusions from these historical precedents, the article argues that clear legislative safeguards are a minimum necessary step both to prevent police and governmental abuse of privacy, and to foster and maintain trust in the government’s ability to manage their ‘emergency’ powers in a manner consistent with human rights.

Evolution of legal deposit in New Zealand

IFLA Journal ◽

10.1177/0340035217713763 ◽

2017 ◽

Vol 43 (4) ◽

pp. 379-390

Author(s):

Jhonny Antonio Pabón Cadavid

Keyword(s):

Human Rights ◽

New Zealand ◽

20Th Century ◽

21St Century ◽

National Library ◽

Electronic Resources ◽

Digital Heritage ◽

Print Publications ◽

Web Harvesting ◽

The evolution of legal deposit shows changes and challenges in collecting, access to and use of documentary heritage. Legal deposit emerged in New Zealand at the beginning of the 20th century with the aim of preserving print publications mainly for the use of a privileged part of society. In the 21st century legal deposit has evolved to include the safeguarding of electronic resources and providing access to the documentary heritage for all New Zealanders. The National Library of New Zealand has acquired new functions for a proper stewardship of digital heritage. E-deposit and web harvesting are two new mechanisms for collecting New Zealand publications. The article proposes that legal deposit through human rights and multiculturalism should involve different communities of heritage in web curation.

Punishment on arrival: New Zealand’s Returning Offenders Act 2015

Punishment & Society ◽

10.1177/1462474521999912 ◽

2021 ◽

pp. 146247452199991

Author(s):

Claudia McHardy

Keyword(s):

New Zealand ◽

Justice System ◽

Legal Protection ◽

Differential Treatment ◽

Discursive Construction ◽

Criminal Offending ◽

Aotearoa New Zealand ◽

Vulnerable People ◽

Migration Law ◽

Australia’s detention-deportation regime is setting the agenda for New Zealand’s domestic criminal justice system, with implications for criminological understandings of ‘crimmigration’ and ‘bordered penality’. In response to recent changes in Australian migration law which have seen an increased number of deportations to Aotearoa New Zealand, the New Zealand government introduced legislation, the Returning Offenders (Management and Information) (“ROMI”) Act 2015, which created a monitoring regime for returning New Zealanders convicted of criminal offending in an overseas jurisdiction. The sentence an individual is subject to in Australia is extended, both geographically and temporally, creating multiple punishments for this particular group of offenders. While ostensibly modelled from domestic parole arrangements, in practice the ROMI regime entails greater restriction while offering less in the way of legal protection. The differential treatment of returning New Zealanders is sustained through their discursive construction as both “criminals” and de facto “aliens”. By treating returnees as threatening outsiders to be contained, rather than vulnerable people to be supported, the New Zealand state also extends the risk logics underpinning the Australian regime. Although the ROMI Act is novel, the regime conforms to the racialised patterns of exclusion and criminalisation which have persisted in Aotearoa New Zealand since colonisation.

Making hay while the sun shines: envisioning New Zealand’s state-diaspora relations

Policy Quarterly ◽

10.26686/pq.v3i4.4234 ◽

2007 ◽

Vol 3 (4) ◽

Cited By ~ 11

Author(s):

Alan Gamlen

Keyword(s):

New Zealand ◽

Policy Issue ◽

The Sun ◽

First Order ◽

Migration System ◽

Political Landscape ◽

The diaspora is a long-term feature of New Zealand’s migration system and its political landscape. Yet the New Zealand government does not have a coherent approach towards it. Why not? It cannot be because nothing important is happening: around 850 New Zealanders emigrate in the average week, and around one in five New Zealanders now lives abroad. Moreover, while not a first-order policy issue in itself, this is important across a range of policy areas, and occasionally requires urgent government attention. A more likely explanation for the absence of coherence is that New Zealand still sees itself as a migrant-receiving country, and that the diaspora has been a political hot potato, making level-headed debate difficult.

Urban history in Australasia

Urban History ◽

10.1017/s0963926800006921 ◽

1984 ◽

Vol 11 ◽

pp. 61-80 ◽

Author(s):

D. A. Hamer ◽

Max Kelly

Keyword(s):

Nineteenth Century ◽

National Identity ◽

New Zealand ◽

Urban History ◽

Urban Society ◽

Major Aspect ◽

Early Stages ◽

European Settlement ◽

To Come ◽

New Zealand's national myths have emphasized the rural frontier. The archetypal and most commonly celebrated colonist has been the backblocks settler, the cow cockie, and to some extent the gold miner. New Zealanders have never seen much glamour in their towns. Yet from the very beginning New Zealand has been a mainly urban society. Many towns were founded in the early stages of European settlement, and New Zealand has exhibited in modified form the tendency to ‘metropolitanism’ characteristic of other countries that were settled in the mid-nineteenth century. The urban historian could have a very important role to play in helping New Zealanders to come to terms with, and absorb into their sense of national identity, this major aspect of their national existence.

Ripples down under: New Zealand youngsters’ attitudes and conduct following Snowden

Journal of Information Communication and Ethics in Society ◽

10.1108/jices-10-2016-0042 ◽

2017 ◽

Vol 15 (3) ◽

pp. 297-310 ◽

Author(s):

Gehan Gunasekara ◽

Andrew A. Adams ◽

Kiyoshi Murata

Keyword(s):

Human Rights ◽

New Zealand ◽

Questionnaire Survey ◽

Social Impact ◽

Detailed Knowledge ◽

Noticeable Effect ◽

Content Type ◽

Study Results ◽

State Surveillance ◽

Purpose This study aims to test the attitudes towards and social consequences of Edward Snowden’s revelations in New Zealand, taking into account New Zealand’s socio-cultural and political environment especially as regards privacy and state surveillance. Design/methodology/approach A questionnaire survey of 66 university students and semi-structured follow-up interviews with 18 respondents were conducted, in addition to reviews of the literature on privacy and state surveillance in New Zealand. The outcomes of the survey were statistically analysed and qualitative analyses of the interview results were also performed. Findings Despite a lack of detailed knowledge concerning Snowden’s revelations and a relative lack of knowledge of domestic law enforcement agencies, as well as those devoted to protecting human rights and privacy, the revelations have had a noticeable effect on New Zealand youngsters’ attitudes towards privacy and state surveillance, mainly evidenced in their willingness to emulate Snowden’s actions and in their changed online behaviour, thereby demonstrating a chilling effect. Practical implications The study results suggest younger New Zealanders are aware of and concerned with their privacy and that the government should better publicise the existing mechanisms for protecting human rights and privacy as well as for whistle-blowing by individuals to give effect to the aspirations of younger citizens in particular. Social implications The results of this study, based on a questionnaire survey, indicates that state surveillance and other threats to privacy are issues of concern to younger New Zealanders and that better public education is needed as to the mechanisms that are available for citizens to protect their privacy and human rights. Originality/value This study is the first attempt to investigate the social impact of Snowden’s revelations on New Zealand youngsters’ attitudes toward privacy and state surveillance as part of cross-cultural analyses between eight countries.

Should we be Royal?

Australasian Psychiatry ◽

10.1177/1039856221992648 ◽

2021 ◽

pp. 103985622199264

Author(s):

Warren Kealy-Bateman ◽

Louise Nash ◽

Robyn Shields ◽

Calina Ouliaris ◽

Patrick McGorry

Keyword(s):

New Zealand ◽

Community Of Practice ◽

Indigenous People ◽

21St Century ◽

Multicultural Society ◽

Colonial Legacy ◽

European Settlement ◽

Zealand College ◽

Objective: Our college name The Royal Australian and New Zealand College of Psychiatrists (RANZCP) and Crest (Coat of Arms) are echoes of our colonial past, which create a barrier to an inclusive 21st-century Australasian psychiatry. Two hundred and fifty years after European settlement, this article reviews the colonial legacy, the evolution of the college and the process by which the prefix ‘Royal’ came to be attached. This is now an anachronism that symbolically undermines our mission to create a fully inclusive psychiatry for all Australians and New Zealanders, from indigenous people across the spectrum of cultures drawn from recent migrations within our complex multicultural society. Conclusion: As psychiatrists, it is time to modernise and reinvent the college name and Crest. We will be a healthier and more inclusive community of practice without the ‘Royal’ prefix, and with a new symbol for our college that embodies our values and vision.

The Construction of Homosexuality in New Zealand Judicial Writing

Victoria University of Wellington Law Review ◽

10.26686/vuwlr.v37i2.5567 ◽

2006 ◽

Vol 37 (2) ◽

pp. 199 ◽

Author(s):

Edward Clark

Keyword(s):

Human Rights ◽

New Zealand ◽

Negative Stereotypes ◽

This article examines the language used by New Zealand judges to describe homosexuality. It analyses the use of such language in judgments delivered after the decriminalisation of homosexual intercourse in 1986, examining the effect that judicial language has on rights claims made by homosexuals. The article argues that a significant number of judges are careless or ill-informed in the language they use to refer to homosexuality and that the language used reinforces and repeats a number of negative stereotypes about homosexuality, constructing it as inferior to a heterosexual norm. This article criticises such careless or prejudiced language as incompatible with New Zealand’s human rights commitments and argues that this language constitutes a barrier to the full enjoyment of citizenship by homosexual New Zealanders.

A Demography and Taxonomy of Long-term Immigration Detention in Australia

International Journal for Crime Justice and Social Democracy ◽

10.5204/ijcjsd.v2i1.93 ◽

2013 ◽

Vol 2 (1) ◽

pp. 98-112 ◽

Author(s):

Melissa Bull ◽

Emily Schindeler ◽

David Berkeman ◽

Janet Ransley

Keyword(s):

Human Rights ◽

Government Policy ◽

Australian Government ◽

Immigration Detention ◽

Systematic Analysis ◽

Demographic Profile

The practice of long-term immigration detention is a relatively recent aspect of Australian Government policy. There has been much debate about the wisdom of such policy, raising concerns regarding the health of detainees, the dereliction of human rights, and the legal robustness of such practice. Despite considerable interest, little detail is available describing who is being held and the reasons for their long-term detention. This paper addresses this noticeable gap through a systematic analysis of the Commonwealth Ombudsman’s Immigration Reports over the period 2005 through 2009. From such reporting it has been possible to produce a demographic profile of people held in Australian detention and to develop a taxonomy of the reasons contributing to the ongoing containment.