E10 International obligations (29/11/2010)

E10.1 United Nations Educational, Scientific and Cultural Organization (UNESCO) Convention on the Protection and Promotion of the Diversity of Cultural Expressions

1. One of the objectives of New Zealand's temporary entry instructions is to contribute to building strong international links. Part of this includes reflecting New Zealand's obligations under the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (with effect 5 January 2008).
2. Under this convention, New Zealand has an obligation to "facilitate cultural exchanges with developing countries by granting, through the appropriate institutional and legal frameworks, preferential treatment to artists and other cultural professionals and practitioners as well as cultural goods and services from developing countries".
3. New Zealand signed the convention on the basis that the above obligation was not intended to affect rules about eligibility for visas or entry permission or the exercise of discretion under legislation, but would reflect the way in which the entry of those eligible for visas may be facilitated.
4. To give effect to this facilitation, when considering applications for temporary entry to New Zealand from artists and other cultural professionals and practitioners, immigration officers should have regard to New Zealand's obligation under the convention and should:
   1. consider expediting applications on a case-by-case basis; and/or
   2. take into consideration, as part of the standard decision-making process, any supporting information submitted by the Ministry for Culture and Heritage on the applicant's behalf (for example, if the applicant is part of a formal exchange programme organised by the New Zealand Government).
5. These measures will not influence INZ’s ability to determine the intentions of an applicant, or override any applicable character, health, or any other requirements in immigration instructions. Any priority given to the processing of an application will occur at the discretion of the responsible immigration officer.

Note: Several provisions throughout immigration instructions enable artists and other cultural professionals and practitioners to be considered for entry to New Zealand. These provisions include but are not limited to:

~ V3.5 Business visitors
~ V3.65 Conference Delegates
~ WS2 (d), (e), (h), and (j) Specific Purpose or Event

Effective 29/11/2010