Five Million Voices

Should the Immigration Act be amended to add electronic monitoring and judicial oversight for detention, expand who can be charged immigration levies, and allow deportation consideration despite a discharge without conviction?

This Government bill amends the Immigration Act 2009 to change compliance and detention settings, create new ministerial special-direction powers, and broaden cost-recovery levies. It implements recommendations from the Casey KC and Heron KC reviews.

⚡ Taken under urgency

Parliament advanced this bill under urgency (committee of whole house, first reading, second reading, third reading) — moving it through faster than usual, with less time than normal for public submissions.

MPs’ arguments for and against the bill

Why support it
  • Supporters argued that introducing judicially-overseen electronic monitoring gives a less restrictive alternative to holding migrants who are an absconding risk in a prison cell.
  • Supporters argued that moving deportation decisions for residence-class visa holders who offend into the immigration system closes a gap where a discharge without conviction avoided deportation consideration.
  • Supporters argued that broadening who can be charged immigration levies means those who benefit from the system, such as employers and education providers, help meet its costs and keep it financially viable.
Why oppose it
  • Opponents raised concerns that electronic monitoring could become a default "soft detention" measure, as they said has occurred in other countries.
  • Opponents argued the deportation change undermines the discretion courts hold to grant a discharge without conviction.
  • Opponents characterised the expanded levies as a large new charge and questioned widening the mass-arrival definition to aircraft and cruise ships given New Zealand's low number of asylum claims.

These are claims MPs made in Parliament’s debate — not verified facts.

Full bill summary & link to official bill page

This bill amends the Immigration Act 2009 with two broad aims: making the immigration system more financially self-funding, and tightening its "integrity" — the enforcement and anti-abuse rules. On the fiscal side, it broadens the base for immigration levies and fees so the costs of running the system are spread more fairly across the migrants, employers and others who use it, rather than falling on general taxpayers. On the integrity side, it creates or strengthens penalties for exploitation — including "migrant premium" schemes where people are charged for a job or visa support, with penalties of up to seven years' imprisonment or a $100,000 fine — and tightens deportation rules so that residence-visa holders who are convicted of, or plead guilty to, offences face deportation liability more consistently, closing loopholes such as escaping liability through a discharge without conviction. It also adjusts detention, compliance-visit and emergency-response powers.

The bill is a Government bill administered through the Ministry of Business, Innovation and Employment, responding to concerns about migrant exploitation and to the cost of running the immigration system. Supporters argue it protects vulnerable migrant workers from exploitation, ensures those who use the immigration system help pay for it rather than taxpayers, and removes loopholes that let some convicted non-citizens avoid deportation, strengthening public confidence in the system. It also adds safeguards, such as requiring judicial warrants for some out-of-hours compliance visits, creating alternatives to detaining asylum seekers, and a power to cancel the residence visas of security risks who cannot be deported because they would face torture. Critics, including some legal and migrant-advocacy groups, are concerned that broader levies raise costs for migrants and employers, and that expanded deportation and detention-related powers could affect fairness and the rights of asylum seekers and long-term residents.

See the Parliament.nz ↗ site for the full bill.

Oppose (No) Support (Yes)

Immigration (Fiscal Sustainability and System Integrity) Amendment Bill · Second Reading, 18 Nov 2025
Parliament voted 102–21 — it passed.