Preferential treatment of NZers ‘invalid’

AVARUA: The Cook Islands High Court has found the country’s immigration law that offers preferential treatment to New Zealand citizens over those from other nations is ‘‘invalid’’.

New Zealand passport holders only need to wait five years to apply for permanent residency under the current rules while nationals with other citizenship wait a minimum of 10 years.

The same rule also applies to spouses of Cook Islanders.

Cook Islands charity Friends of Fiji had challenged in court the threshold for permanent residency under the Cook Islands

Immigration Regulations (CIIR).

Tangaroa Vakalalabure, who heads the group, in 2022 told

Cook Islands News, shortly after the regulations came into effect, the rule was ‘‘racist’’ and ‘‘discriminatory’’.

The government argued the policy reflected Cook Islands’ special constitutional relationship, which allows Cook Islanders to live and work in New Zealand.

Justice Patrick Keane granted the application for a declaration by finding the regulation granting preferential treatment was not valid, as it had not been properly supported by Parliament.

‘‘I conclude that the NZ permanent residence preference, expressed in Reg 8(2) (d), CIIR 2023, is invalid for that reason firstly; and secondly because, despite the wide power to delegate CIIA 2021 confers, it is beyond the scope of that Act.’’

He did not make a declaration about whether it was discriminatory in a way which contravened the constitution.

Friends of Fiji lawyer Lavi Rokoika celebrated the decision.

‘‘I know that a few people in the Cook Islands were very disappointed when the regulations came out,’’ she said.

‘‘For us, it’s a triumph as an organisation and for all foreigners in the Cook Islands.’’

Rokoika said Justice Keane found the immigration regulations went ‘‘over and above’’ the powers given to it by Parliament through the Cook

Islands Immigration Act which passed in December 2021.

‘‘You can give preferential treatment but the authority to do that is only vested in

Parliament,’’ she said.

The regulations had not gone through the vigorous legislative process that an act would.

Rokoika said she did not think the regulations would be changed to make New Zealand passport holders wait 10 years for permanent residency or allow citizens from other nations apply

after five years.

Instead, she said Parliament would likely change the Immigration Act to align with the current immigration regulations.

‘‘That’s what I would do to save face but then again that’s my opinion.’’

Rokoika said the government would likely need to make a change to the Act or regulations prior to August 2025 — before the next permanent residency expression of interest opens.

She said however the government dealt with the issue, it would not affect any permanent residency given in 2022, because the chief justice’s decision was not retrospective. — RNZ