Immigration New Zealand says a decision to approve a multi-million-dollar project matching travellers' biometric information did not get - or need - Cabinet sign-off.
The Biometric Capability Upgrade, which Immigration New Zealand (INZ) says will improve efficiency and its ability to tackle fraud, has an estimated price tag of $35 million.
It would have required Cabinet-level reports and approval if it had exceeded that figure, INZ said, but was instead agreed by delegated 'joint ministers' last July.
Biometrics are personal data such as fingerprints and photographs, which can be easily stored, matched and shared in automated systems, including with countries overseas.
The biometric upgrade (BCU) is due to go live in October with improved photograph-matching aimed at speeding up the process for confirming the identity of tourists, migrants and refugees.
The project will be funded by visa fees, which the government looks set to increase as part of its moves to cut budgetary costs.
INZ said in a written statement that the upgrade, through technology companies NEC, Argonaut and Datacom, would make it better equipped to identify cases of fraud and potential trafficking.
"When completed, the BCU will also provide additional capability in matching images and improve efficiency. This means that applications will be able to progress through the identity stage of processing faster," INZ risk and border general manager Michael Alp said.
"MBIE can confirm that the Biometric Capability Upgrade currently has an approved Whole of Life Cost budget of up to $35 million which includes ongoing support and maintenance. The project is set to go live in October 2024, pending completion of testing and final governance approval.
"The costs associated with the running and upgrading of INZ's biometric capability system is fully funded through Immigration fees and levies."
A further note added: "To date, the BCU has not required cabinet approval. Cabinet approval is only required if Whole of Life Costs is greater than $35m. Joint ministers approved the upgrade under their delegation in July 2023."
Biometric matching with Migration 5
Its biometric sharing work with other countries, including the Migration 5 (M5) nations, through a Secure Real Time Platform (SRTP), uses Argonaut and Datacom.
"A variety of vendors are currently involved in the BCU," Alp said.
"Once the new system goes live, NEC will be the lead vendor and Datacom will provide system support services. Argonaut is the lead vendor for SRTP, with Datacom providing system support services.
"The SRTP is not based in one country. Each country in the M5 hosts their own version of the system, and the systems communicate with one another to enable data sharing."
The United Kingdom had not yet connected SRTP to New Zealand's systems, therefore data was shared manually.
Critics have expressed concerns about how the M5 shares travellers' biometrics and personal data, and over fears that a lack of transparency and oversight could lead to mistakes or privacy breaches.
Lawyers say this is an especially stark risk for refugees and asylum seekers, who could suffer persecution themselves or find their family in jeopardy, if information from their asylum claims fell into the wrong hands.
Alp said exceptions to confidentiality brought in under the Immigration Act permit the sharing of refugee related information "when it is safe to do so".
"There are rules on how the information is handled. Refugee protection officers use a discretionary power, under the Act, that requires claimants to provide biometric information for the purposes of determining refugee and protection status.
"While nearly all adult claimants provide their biometric information, in rare cases where there may be concerns about sharing information with M5 partners for any reason, officers can elect not to require this or to only match with some partner states.
"A person may also decline to provide biometric information if they have a concern and provide an explanation for their refusal."