A 9 对新西兰移民局的投诉
A 9.1 新西兰移民局投诉处理过程
- a 新西兰移民局希望投诉客户可以在咨询专员之前通过CCRP找到解决办法；
- b 新西兰移民局确认在收到投诉款项的15个工作日之内，
- c 新西兰移民局确认由提供给客户错误的信息，适当的情况下会进行补救；
A9.1 INZ’s Client Complaint Resolution Process
Immigration New Zealand’s (INZ) Client Complaint Resolution Process (CCRP) is a two-stage system providing clients with an avenue to seek resolution of a complaint relating to the service they received from INZ. The CCRP is not an avenue to seek a review of a declined visa application, an invitation to apply for residence or a request for a visa made under section 61 of the Immigration Act 2009.
Full information about the CCRP can be found on the INZ website Complaints Process page.
- a.INZ’s expectation is that clients will access the CCRP to seek resolution of a complaint before approaching the Office of the Ombudsmen.
- b.INZ endeavours to acknowledge all complaints within two working days of receipt and to send a response at Stage 1 within 15 working days of receipt and within 20 working days of receipt at Stage 2.
- c.Where INZ determines that it erred in the provision of a service to a client, a remedy, if appropriate, will be provided in the response.
A 9.1.1 CCRP第一阶段
A9.1.1 Stage one of the CCRP
Stage one of the CCRP is for complaints about matters that have been handled at office level and are to be directed in the first instance to the Market Manager of that office. The contact details for each office can be found on the INZ website on the Contact Us page.
A9.1.5 Stage two of the CCRP
- a.Stage two of the CCRP is used where a complaint could not be resolved at stage one of the CCRP, or for complaints about matters that have been handled by INZ other than at office level. Complaints under stage two of the CCRP can be made by writing to:
- Deputy Chief Executive – Immigration New Zealand Ministry of Business, Innovation and Employment PO Box 3705
- Wellington 6140
- By facsimile to: +64 04 915 6278
- By email to: [email protected]
- b.It is the complainant’s responsibility to escalate their complaint to Stage Two quickly after receiving the Stage One response and to clearly state their reasons for being unsatisfied with the Stage One response.
A9.5 Commissioners and INZ
An individual or group may make complaints about INZ to the Office of the Ombudsmen, Privacy Commissioner and other commissioners (including the Human Rights Commissioner and the Race Relations Commissioner) and the United Nations Human Rights Committee, or investigations may originate from within these organisations themselves.
- a 如果申请人要求委员进行调查，需要和委员商讨相关事件；
- b 长期既定的原则，当事人应该在调查过程中保持立场；
- c a和b不能阻止新西兰移民局进行如下调查：
A9.5.1 Enquiries relating to investigations by commissioners
- a.If a person enquires about an investigation that an Ombudsman is currently conducting (following a complaint under the Ombudsmen Act 1975, or the Official Information Act 1982) they must be advised to approach the Office of the Ombudsmen about the matter.
- b.It is a long established principle that the parties to a complaint should remain “at arm’s length” while the matter is under investigation.
- c.Nothing at paragraphs a. and b. above prevents a complainant from approaching INZ to:
- make an enquiry
- make a visa application
- make a request for a visa under section 61 of the Immigration Act 2009.
In such cases INZ may as appropriate, communicate directly with the complainant.
- a 法律顾问，负责处理关于新西兰移民局的投诉；
- b 处理投诉案件的相关机构和办公室需要参照决议案小组的细节等，独立审查问题，并准备向监察员报告；
- c 所有来自委员的关于新西兰移民局的回应，需要通过行政长官指导，转达给总的法律顾问，并对投诉质量和性质进行阐述；
A9.5.5 Procedures relating to correspondence from commissioners
- a.The General Counsel, Legal is responsible for answering all correspondence from commissioners concerning complaints made about INZ under their legislative powers or other mandates.
- b.Any other office approached about a case that is the subject of a commissioner’s investigation must refer details to the Resolutions team, National Office, which independently reviews the issues and prepares a report to the Ombudsmen for the General Counsel, Legal to sign.
- c.All correspondence to INZ from commissioners must be channelled through the Chief Executive and copied to the General Counsel, Legal, who is responsible for keeping an overview of the volume and nature of complaints.
**A9.10 1979年监察员法案 **
- a 每一个监察员都会从事相关投诉的调查，其情绪关系者调查结果。建议，行动等，委员会，官员以及与事件相关的雇员等；
- b 已经完成调查，监察署可能制定观点或者决策，建议和要求等等：
- i 违背法律的；
- ii 源于事实或者法律的错误的；
- iii 不合理的，不公平的，欺压性质的；
- iv 不正当目的和理由行使自由裁量权的；
- v 给出相关决策的理由；
- c 监察员拥有以下的观点，会有所要求：
- i 决定需要被再次考虑，变化还是取消等等，同时给出相关理由；
- ii 法律或者时间需要被再次考虑或者改变的；
- iii 需要进行的其他步骤；
- d 如果监察员不满意政府或者相关组织的决定，可以向主要的大臣寄送自己的报告；
- e 监察员会通知投诉人调查的结果；
A9.10 The Ombudsmen Act 1975
- a.Each Ombudsman may undertake investigations on a complaint, or on his or her own motion, relating to any decision, recommendation, act, or omission by government departments and organisations, their committees and subcommittees, officers and employees that relate to a matter of administration and affect any person in a personal capacity.
- b.Having completed an investigation, an Ombudsman may form an opinion that the decision, recommendation, act or omission:
- i.appears to have been contrary to law; or
- ii.was based on a mistake of fact or law; or
- iii.was unreasonable, unjust, oppressive, improperly discriminatory or wrong; or
- iv.was based on a law or practice that is or may be unreasonable, unjust, oppressive or improperly discriminatory; or
- v.A discretionary power has been exercised for an improper purpose, on irrelevant grounds or by taking into account irrelevant considerations; or
- vi.Reasons should have been given for the decision.
- c.If an Ombudsman forms such an opinion, he or she may recommend that:
- i.the decision be reconsidered, varied or cancelled, or that reasons for it be given; or
- ii.the law or practice be reconsidered or altered; or
- iii.any other steps should be taken.
- d.If an Ombudsman is not satisfied that the government department or organisation concerned has acted upon a recommendation, he or she may send a copy of his or her report and recommendations to the Prime Minister and then to Parliament.
- e.The Ombudsman will inform the complainant of the result of the investigation.
- a 对于投诉进行调查和审核是监察员的职责，由部门或者大臣做出的决定：
- b 监察员进行完调查后会向新西兰移民局递送报告；
- c 观察提出的建议是公共责任；
- d The above does not apply to complaints about requests made under sections 21 24 of the OIA, 根据监察员法案制定同样也不适用；
- e 监察员将会通知投诉人调查的结果；
A9.10.1 Official Information Act 1982
- a.It is a function of the Ombudsman to investigate and review, on complaint, any decision by a Department or Minister to:
- refuse to release official information in response to a request
- decide in what form information is released
- decide what charge to make
- impose conditions on the use, communication or publication of information
- extend any time limit
- provide or refuse to provide a statement of reasons under section 23 of the Official Information Act (OIA).
- b.After the investigation is made the Ombudsman will report his or her opinion to INZ (or to the minister if appropriate) and may make such recommendation as the Ombudsman sees fit.
- c.A public duty to observe the recommendation arises on the 21st working day after the day on which it was made unless before that date an Order in Council directs otherwise.
- d.The above does not apply to complaints about requests made under sections 21 24 of the OIA, which are conducted under the Ombudsmen Act with the same possible outcomes as with complaints made under that Act.
- e.The Ombudsman will inform the complainant of the result of the investigation.
a 监察员办公室通知新西兰移民局调查正在进行，a.a complainant who has been served with a deportation order will not be deported before the investigation has been concluded；
d 虽然以上的a和c 部分，新西兰移民局拥有处理驱逐出境和特殊案例的机会，但是也需要相关政府授权；
A9.10.5 Hold on deportation in certain circumstances
- a.Where the Office of the Ombudsman notifies INZ that an investigation is being made into a complaint against INZ, a complainant who has been served with a deportation order will not be deported before the investigation has been concluded.
- b.The hold on deportation does not apply if the complainant has been taken into custody pending deportation, and in such cases the deportation processes may continue.
- c.If a deportation order is served after the Office of the Ombudsman notifies INZ of an investigation, the complainant will not be taken into immigration-related custody and deported before the investigation has been concluded.
- d.Notwithstanding (a) and © above, INZ reserves the right to proceed with deportation in any particular case, where it has been authorised via the Government Relations Manager.
- e.Nothing prevents INZ from proceeding to assemble appropriate travel documentation and make contingent travel arrangements where the complainant is liable for deportation.
- a 隐私专员法案的功能包括并不限于以下列出的：
- i 调查投诉的行动看似是干涉个人隐私；
- ii 促进对隐私规则的理解和接受；
- iii 检查提议法案或者政府的政策可能会影响个人隐私；
- iv 监测结果和总体的建议；
- v 对关于个人隐私的事务做出公共的解释的声明；
- vi 询问事务是否干涉了个人隐私；
- b 调查之后，如果隐私专员接受了物质影响：
- i 应该保证安全的解决双方之间的问题；
- ii 如果不能保证安全的解决或者有所保障，可以将此事向诉讼专员咨询是否需要进行处理；
A9.15 Privacy Act 1993
- a.The functions of the Privacy Commissioner include, but are not limited to the following:
- i.investigating complaints that any action is or appears to be an interference with the privacy of an individual, including the withholding of personal information
- ii.promoting an understanding and acceptance of the privacy principles
- iii.examining any proposed legislation or policy of the Government that may affect the privacy of individual
- iv.monitoring the use of unique identifiers and reporting the results and recommendations to the Prime Minister
- v.making public statements in relation to any matter affecting the privacy of the individual or any class of individuals
- vi.enquiring generally into any matter if it appears that the privacy of the individual may be infringed.
- b.After investigation, if the complaint has substance the Privacy Commissioner:
- i.shall endeavour to secure a settlement between the parties and if necessary a satisfactory assurance against the repetition of any action that was the subject of the investigation; or
- ii.if a settlement or an assurance is unable to be secured, may refer the matter to the Proceedings Commissioner to decide whether proceedings should be started with the Complaints Review Tribunal against the person against whom the complaint was made.
A9.25 Procedures relating to correspondence from Ombudsmen (to 10/12/2012)
A9.30 The Ombudsmen and Ministers (to 10/12/2012)