An aide memoire also released in the trove, sent from a redacted email address at 7.13am on March 21, set out the Immigration Minister’s main concerns, which related to public order, “especially given the events of Melbourne”.
“But he is also cautious about it as this can just be a license for opponents to disrupt. He is more sensitive to the national interest aspect due to the nature of these events in fomenting extremist activity at a time when social cohesion is important but stressed,” it said.
“He wants to know specifically whether we believe there is any risk of far right extremist groups or individuals becoming involved as they were in Melbourne, and a view from someone who can give an informed and balanced view on the social cohesion side.”
The following day Immigration New Zealand confirmed Keen-Minshull would be able to enter Aotearoa.
General manager Richard Owen said Keen-Minshull did not meet the threshold to be considered an excluded person under Section 16 of the Immigration Act 2009.
However, in messages between Immigration workers two days earlier, one wrote they took the opportunity to reiterate that the agency’s Risk Assessment Team (RAT) can’t provide a recommendation “because there is no established threshold to test the facts against”.
“I just clarified that as it stands (pre-RAT summary & Au developments) the baseline is that border are not interdicting and will allow travel so it will need a deliberate decision to change this. As s.16 is a delegated ministerial power, to my mind it would be entirely appropriate for the MOl to make the call here if he chooses to do so.”
Owen told the Herald the threshold comment reflects the fact that there is currently no provision in the Immigration Act to prevent a person travelling to New Zealand based on their previous expression of opinion and ideas, no matter how abhorrent or controversial.
“But decision-makers in cases like this still have to weigh up all the factors and assess whether an individual presents a threat or risk to the public order and can be deemed an excluded person.
“The OIA response demonstrates the extent to which Immigration New Zealand (INZ) reviewed all publicly known information and consulted specialist staff and a number of other agencies before reaching its decision that Ms Keen-Minshull was not considered an excluded person under Section 16 of the Immigration Act 2009.”
An aide memoire given to Minister Wood on March 20 from Immigration New Zealand said police believed it was “almost certain” that there would be tension between attendees and protestors, however, “they also consider it unlikely these events will result in violence as the counter-protest organisers are encouraging no interaction with event attendees”.
Police did later charge a 20-year-old man with assault after the woman, understood to be in her 70s, was allegedly shoved and punched at least twice at the rally for the British speaker, also known as Posie Parker, at Albert Park on March 25.
One email in the response revealed immigration officials bailed on a March 20 meeting with the Minister, instead going to see the “PM about KEEN”.
“Will let you know any outcome of the discussion,” the National Border Manager Peter Elms said.
However, Immigration New Zealand general manager Richard Owen told the Herald the officials mentioned in the email were requested to be on standby in case they were needed to brief the Prime Minister on the case after media coverage of rallies in Australia involving Keen-Minshull.
“In the end the officials were not required to attend any meeting. The Prime Minister did not get involved in the case.”