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New Zealand redraws open work visa conditions

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Open work visa holders are set to see changes to their visa conditions next month.

An open work visa generally allows people to work for almost any employer, across most sectors and locations, without needing a job offer.

From 20 April, Immigration New Zealand said open work visas would include two new types of employment conditions.

Under the first set of conditions, some open work visa holders, including those on Post Study Work Visas and a range of partner visas, will be able to work for an employer or be self-employed, including as a sole trader or by owning and operating a business.

Under the second set of conditions, open work visa holders on Victims of Domestic Violence Work Visas, Migrant Exploitation Protection Work Visas, Asylum Seeker Work Visas and all working holiday visas will still be required to work for an employer, either under an employment agreement or a contract for services.

The change makes clear that open work visa holders will not be allowed to employ other people, either directly or indirectly through a business they own or operate, including where the business is the named employer.

Peter Elms, director of visas at Immigration New Zealand, said the changes were prompted by sector feedback and were intended to remove uncertainty created by existing work visa settings for both visa holders and immigration advisers.

He said updating and standardising the conditions would provide clearer guidance and reduce the risk of unintentional breaches of the Immigration Act.

“Overall, the changes are intended to help migrants better understand their visa conditions and work rights while they are in New Zealand,” Elms said.

The upcoming changes have been welcomed by immigration lawyers and advisers.

David Cooper, chief executive of New Zealand Immigration Partners

David Cooper, chief executive of New Zealand Immigration Partners Photo: Supplied

David Cooper, chief executive of New Zealand Immigration Partners, said the update to immigration instructions and policy would remove confusion and close a grey area that had existed previously.

“Particularly for people who held open work visas, whether or not they were allowed to work for themselves was never clear in the immigration instructions,” Cooper said.

“This will now allow them to do it and make it very clear that it’s legal for them to be able to do that.”

Cooper said that while self-employment would not apply to every type of open work visa, it would give eligible visa holders another option beyond finding a job.

“If they do struggle to find a job, they can at least consider setting up their own small business and trying that,” he added.

Sonny Lam, an immigration lawyer at Queen City Law, said clearer guidance could spur a modest lift in the recruitment of non-resident workers.

“The rules become muddled due to frequent changes and create a perception in busy employers’ minds that they can only hire someone on the Accredited Employer Work Visa,” he said.

Sonny Lam is an immigration lawyer at Queen City Law.

Sonny Lam is an immigration lawyer at Queen City Law in Auckland. Photo: Supplied

“With this latest change, it will likely remind employers that they can hire such workers on open work visas again, leading to a slight increase,” he said.

Lam said the restriction preventing open work visa holders from employing others appeared to envisage gig-economy work, such as ride-share driving or delivery services.

This sort of work was a popular way for migrants to generate income and could provide a small boost to the wider economy, he said.

Arunima Dhingra, a senior licensed immigration adviser and chief executive of Aims Global, said clearer rules could reduce risk and improve compliance.

“In recent years there has been increasing confusion around what ‘open’ actually means,” she said.

“Many migrants and employers assume ‘open’ means unrestricted in all respects. At the same time, we have seen growth in contracting, project work and small-scale sole-trading arrangements.

“Those grey areas can create compliance risks if visa holders inadvertently step outside what is permitted.”

Arunima Dhingra is the chairperson of NZ Association of Migration and Investment.

Arunima Dhingra, chief executive of Aims Global Photo: Supplied

Dhingra said that once the rules were explicit, employers could have greater confidence in engaging open work visa holders under appropriate arrangements.

For visa holders, she said, it reduced the risk of unintentionally breaching visa conditions.

Dafydd Parry, a licensed immigration adviser at Greenstone Immigration, said the restriction preventing open work visa holders from employing others could affect some current open work visa holders who are already running businesses that employ staff.

He said transitional arrangements and support would be available for those people until their current visa expires, after which the new rules would apply.

He said the clarification could also help ensure that employment created by temporary visa holders was sustainable and compliant, and that vulnerable workers were protected.

“Allowing temporary visa holders to employ staff could be deemed to create risks,” he said.

“If the visa holder must leave New Zealand, their employees may suddenly lose their jobs,” he said.

“Some cases may raise concerns about exploitation or non-genuine job arrangements.”

Elms said not all migrants were familiar with New Zealand’s employment laws or business obligations, and that allowing self-employment and business ownership while restricting the ability to hire staff helped support safe and compliant work practices.

He said it also reduced the risk of employers unintentionally breaching employment or immigration requirements.

Elms added that the rules also reflected a distinction between activities that signal temporary intent and those that suggest a more permanent footing.

“Running a business that employs others generally indicates a more ongoing and established presence in New Zealand, which is not the intent of a temporary open work visa,” he said.

~ RNZ

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Trump administration denounces CNN for airing Iranian leaders’ messages

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The Trump administration denounced CNN on Thursday (local time) for airing a portion of the new Iranian supreme leader’s public statement, the second time in three days the network has been targeted for reporting on how the regime is responding to the American attacks.

The attack illustrated the care news outlets must take in reporting during wartime, and the responsibilities of American journalists to report the perspective of countries its government views as enemies. It also exposed inconsistencies.

The message of Supreme Leader Ayatollah Mojtaba Khamenei during his first public statement since he succeeded his father, who was killed in an Israeli airstrike, was widely available elsewhere.

The White House said on social media that “fake news CNN just aired four straight minutes of uninterrupted Iranian state TV, run by the same psychotic and murderous regime that prided itself on brutally slaughtering Americans for 47 years”.

Earlier CNN interview criticised by Trump’s communications leader

Two days earlier, White House communications director Steven Cheung took issue with CNN anchor Erin Burnett’s interview with Hossein Mousavian, a former Iranian nuclear negotiator. Burnett asked Mousavian what he had been hearing about the Iranian government’s interest in having talks with the United States. There wasn’t much, he said.

“Ever notice how CNN just regurgitates quotes and unverified information from Iranian terrorists?” Cheung wrote on X.

“Total disgrace. They have become the murderous Iranian Regime’s version of Pravda,” he said, referring to the official newspaper of the former Soviet Union.

CNN did not address Cheung’s statement but did respond to the White House attack on Thursday. It noted that CNN, Sky News and Al Jazeera also showed portions of the ayatollah’s statement live.

“The world is watching with anticipation which direction this war will take,” CNN said. “Purported remarks from Iran’s new supreme leader are a critical component in helping audiences understand where this conflict is heading and were aired for their obvious news value.”

Other news outlets, including The Associated Press, sent out alerts on what Khamenei said. His vow to keep up attacks on other Arab countries in the region and plans to choke off the world’s oil supply were headlines.

Mojtaba Khamenei, the son of Iran's Supreme Leader, Ayatollah Ali Khamenei, center, attends the annual Quds, or Jerusalem Day, rally in Tehran, Iran, May 31, 2019.

The New York Times led its website with a story on the speech in its immediate aftermath, later writing that the speech “was an early indication of how the new supreme leader would approach the war, as well as how he would lead the country”.

CNN has long been a favoured target of President Donald Trump, dating back to his first term. It’s a particularly vulnerable time for the network with Paramount Global’s agreement to purchase CNN’s parent company, Warner Bros Discovery, raising questions about its future editorial independence.

CNN showed a news anchor reading a portion of Khameini’s remarks in Farsi, with an English translation. It did not air them in full. After the speech, correspondent Nick Paton Walsh gave a debrief to anchor Kate Bolduan, noting how the non-appearance of the leader — reportedly injured in an air attack — was as important as what he said.

“We were waiting to see the face of the man to have proof of his health and survival,” Walsh said, “and they’ve not met that moment. Instead, a handwritten message, it seems, that mostly reiterates things we kind of already knew.”

A social media message board for Iran’s point of view

The Tech Transparency Project has reported that several Iranian leaders and institutions maintain verified accounts on X, formerly Twitter, owned by Trump ally Elon Musk. CNBC said Thursday that Khamenei has one of them, and an X account with his portrait posted the text of his remarks, available in Farsi and in an English translation.

Even though Khamenei’s father is dead, an account with his portrait was active on Thursday, mainly reposting messages from his son. “The revenge we have in mind is not just because of the martyrdom of the illustrious Leader of the Revolution,” read one message posted Thursday. “Every member of the nation martyred by the enemy is a separate case that demands we seek revenge.”

X is officially blocked in Iran, although many use a virtual private network to bypass restrictions. A message sent to the platform on Thursday was not immediately returned.

There’s a long history of journalists seeking interviews with world leaders, even when they are regarded as enemies of the United States. Most notable was 60 Minutes correspondent Mike Wallace’s interview with Iran’s Ayatollah Ruhollah Khomeini in 1979, when that country was holding Americans hostage.

Thursday’s remarks by Iran’s new supreme leader were absolutely newsworthy and legitimate for CNN to air them, said Jane Ferguson, a veteran international correspondent and founder of the journalism platform Noosphere. It’s not the job of government leaders to pick apart what CNN is reporting, she said.

“We’ve always faced this,” she said, about when reporters interview leaders or other figures hostile to American interests. “This has been a bit of low-hanging fruit for a while.”

Historian Douglas Brinkley of Rice University said that it’s unfair for CNN to be singled out in this instance. He, too, believes it is newsworthy to learn what leaders of an adversary are thinking, but it’s important to make sure that journalists are careful.

“You have to be leery of being used as a propaganda tool by the Iranian regime,” he said. “On the other hand, knowing what the enemy is saying and looking for a sign of a peace offering or a nuance is important … It’s a difficult balance.”

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University of Auckland building on fire

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A fire at the University of Auckland law school building has now been extinguished.

A Fire and Emergency spokesperson said there had been a fire at the University and six fire trucks were at the scene on Short Street. The call to 111 came through at about 2.40pm.

FENZ said the fire was now extinguished but crews will stay near the building this afternoon.

Staff and students were seen going in floor by floor, starting with level 6, to retrieve any belongings left behind

A student who was evacuated from the fourth floor of the building said it seemed the fire started on level two.

Police were at the scene talking to students who have been evacuated.

Student Talisha Lal said when the fire alarm went off she, and other students, thought it was a drill.

Lal said once she was out of the building, she could see smoke.

More to come…

~ RNZ 

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Teacher struck off after filming explicit videos at school

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An Auckland teacher has had her registration cancelled after recording explicit videos of herself urinating on the floor of a classroom and on a student’s belongings.

The New Zealand Teachers Disciplinary Tribunal found Lisa Marie Edmondson had committed serious misconduct.

The school was alerted to the content after the deputy principal of the school was approached by a member of the public who had come across a video on TikTok and recognised the setting. A search for the username led to a pornographic account.

The account contained more than 30 explicit videos which had been recorded at various locations over a period of two-and-a-half years.

In one of the videos, Edmondson appeared to urinate on the floor of a classroom with genitalia clearly visible. A second video showed the teacher urinating on a hat with a student’s name clearly visible in a lost property box.

The summary of facts stated there was an “ongoing urine smell” in some classrooms during the time of her employment which had been attributed to rats and mice. Bait stations had been set up during the school holidays but no rodent activity was noted. The tribunal said her students were “likely to have been adversely affected” due to evidence of an “unpleasant smell that required deep cleaning”.

While she was not visible in the videos, the teacher was recognised due to her voice and clothing.

Edmondson resigned in May 2023 after receiving notice of a formal investigation.

Following her resignation, Edmondson worked as a relief teacher at a second school before being invited to apply for a fixed-term position.

The tribunal found that Edmondson had failed to disclose her full employment history when applying for – and subsequently working at – a new school in 2023 and failing to inform her employer that she was the subject of a mandatory report and current investigation by the Teaching Council.

In her reflective statement, Edmondson acknowledged that she had let her students down and “was not the role model that I should have been for them”.

“I have accepted that the likelihood of returning as a teacher has ended. This has been a very difficult concept to accept because I loved teaching, loved being in the classroom and loved my students and their whānau.”

The tribunal noted Edmondson failed to address the conduct head on or express concern for her former students and colleagues.

Edmondson’s registration was cancelled and the former teacher was issued a formal censure. She was ordered to pay $3,255.87 towards the Complaints Assessment Committee’s costs and $582 to the Teaching Council.

‘I have let down so many people’

In a statement to Stuff, Edmondson said she had no choice but to accept the ruling, but regretted her actions.

“During a two-year period which covers this time I was suffering from extreme anxiety, I can’t explain why I did it other than self sabotage and treating myself badly for things that had happened. By the time it was reported, I really did not even remember and hadn’t done anything else.”

Her actions had impacted her children and her ability to provide for them.

“I can’t change what I have done, but can make sure it never happens again.”

~ RNZ

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