From:
9(2)(g)(ii)
To:
Section 9(2
Cc:
William Blackler (Parliament); Travis Mills; 9(2)(g)(ii)
Subject:
FW: Aide memoire regarding Kellie-Jay Keen-Minshull [out of scope]
Date:
Monday, 20 March 2023 6:46:04 pm
Attachments:
2223-3097 Aide Memoire regarding KEEN.docx
2223-3097 Aide Memoire regarding KEEN.pdf
Importance:
High
HI Minister,
Attached is the advice prepared from Immigration on Posie Parker.
An appropriate decision maker will make an assessment on whether they have reason to believe
Posie Parker is, or is likely to be, a threat or risk to the public order or interest. This will be made
early tomorrow morning.
Please let us know if you want any further information.
Cheers
9(2)(g)(ii)
9(2)(g)(ii)
- Private Secretary Immigration
Section 9(2)(a)
From:
Section 9(2)(g)(ii)
Sent: Monday, 20 March 2023 6:11 PM
To: 9(2)(g)(ii)
Cc: Simon Sanders <[email address]>; Fraser Richards
<[email address]>; Alison McDonald (Dep Sec Immigration)
<[email address]>
Subject: Aide memoire regarding Kellie-Jay Keen-Minshull [out of scope]
Hi 9(2)(g)(ii)
I have attached for you an aide memoire regarding Kellie-Jay Keen-Minshull.
As Simon mentioned, it is likely a decision will be made in the morning.
Thanks,
Section 9(2)(g)(ii)
2223-3097
out of scope
2
AIDE MEMOIRE
Title
Date:
20 March 2023
Priority:
High
Security
out of scope
Tracking
2223-3097
classification:
number:
Purpose
This aide memoire provides you with information regarding the case of Kellie-Jay KEEN-
MINSHULL.
Simon Sanders
Acting Chief Operating Officer Immigration New Zealand, MBIE
20 March 2023
2223-3097
out of scope
3
Background
1.
British anti-transgender activist, Kellie-Jay Keen-Minshull (hereinafter referred to as KEEN),
is expected to travel to New Zealand later this week.1
2.
KEEN, also known by the pseudonym Posie Parker, has shows scheduled in Wellington and
Auckland this weekend as part of her ‘Let Women Speak’ tour.
3.
KEEN holds an NZeTA. INZ’s border officers are responsible for assessing if travel ers meet
the immigration requirements to be granted entry permission and a visa to enter New
Zealand.
Process for cases like this
4.
All visa waiver individuals are subject to NZeTA checks and balances and are required to
declare certain adverse information (e.g. convictions).
5.
Should INZ become aware that an individual like KEEN intends to travel to New Zealand an
assessment will take place prior to the expected travel if time allows.
6.
This can involve:
• a review of all publicly known information
• engagement and advice from NZ Police
• engagement and advice from MBIE Intelligence
• engagement and advice from MBIE Legal.
7.
Following this assessment, INZ will weigh and balance and decide whether there is reason to
believe that KEEN is likely to be, or is, a threat or risk, to the public order and that the
threshold to consider her to be an excluded person is met under Section 16 of the
Immigration Act 2009 (attached at Annex One for reference).
8.
If they are found to be subject to s16, then they are not visa waiver travellers and will be
prevented from boarding any flight to New Zealand. Each case is considered based on the
individual circumstances and is determined on its own merit (or lack thereof).
Freedom of expression of opinion and ideas
[out of scope
9.
Section 9(2)(h)
10.
Section 9(2)(h)
11.
Section 9(2)(h)
1 her last event in Australia is 23 March and her first one in New Zealand is 25 March.
2223-3097
out of scope
4
12.
Section 9(2)(h)
New Zealand Police view
13. On 17 March 2023, NZ Police shared their intel note with MBIE. They noted that counter-
protests are expected in New Zealand with one identified in Wellington with only small
numbers showing interest so far.2
14. Police’s view is that it is almost certain there will be tension between attendees and
protestors. However, they also consider it is unlikely these events will result in violence as
counter-protest organisers are encouraging no interaction with event attendees.
15. NZ Police believe that the New Zealand based events are likely to go ahead whether KEEN
travels or not. This was the case when she was unable to attend an event in New York
previously. So even if KEEN is denied entry to New Zealand the ‘Let Women Speak’ events
may still go ahead.
16. On 20 March 2023, NZ Police were asked if their views had changed following the events in
Melbourne over the weekend. They advised they do not intend to produce an updated intel
note as they consider the developments over the weekend fit within the landscape they
anticipated in the original product.
Similar cases
17. Lauren Southern and Stefan Molyneux (Canadian nationals) hold similar arguably views to
KEEN. Both were approved visas3 in 2018 and they both travelled to New Zealand.
18. Jordan Peterson is a Canadian psychologist, author and media commentator. He travelled to
New Zealand visa waiver in 2019 and 2022.
19. Tyler Gregory Okonma (aka Tyler the Creator) is an American musician. Media reported he
caused a riot at a concert he was performing in 2014, so there was assessment against the
‘public order’ requirement. While he was initially refused boarding, he was later allowed to
travel. He was approved visas in 2014, 2019 and 2022. He travelled to New Zealand in 2012,
2020, and 2022.
20. David Irving is a UK national who is a holocaust denier. He was prevented from travelling to
New Zealand because he was subject to s15 as he had been deported from Germany (so
s16 was not utilised).
Options for INZ
21. A risk assessment has been carried out, MBIE Legal have provided advice and information
from NZ Police has also been received.
22. If INZ concludes, based on the information to hand, that there is
no reason to believe that
KEEN is likely to be, or is, a threat or risk, to the public order and that the threshold to
consider her to be an excluded person under s16 is not met, then KEEN will be allowed to
travel to New Zealand as a visa waiver traveller.
2 through Facebook.
3 Work Visa Entertainers (pre NZeTA)
2223-3097
out of scope
5
23. Alternatively, if the risk assessment gives INZ reason to believe that KEEN is likely to be, or
is, a threat or risk, to the public order then the threshold to consider her to be an excluded
person under s16 would be met. A border alert would be placed on KEEN, and she would be
prevented from boarding any flight to New Zealand. She would be advised of this decision.
If the Minister wishes to intervene
24. If INZ determines KEEN is not an excluded person and can therefore travel to New Zealand
visa waiver, the Minister’s office wil be advised.
25. If the Minister has reason to believe that KEEN does present a threat or risk to the public
order, he can decide she is an excluded person under s16 of the Act and not entitled to travel
to New Zealand visa waiver and may not be granted a visa or entry permission.
26. To support his consideration, INZ could provide further publicly available information
regarding KEENs background.
27. The Minister could direct officials that he has reason to believe that she does present a threat
or risk to the public order. Officials would then provide documentation for the Minister’s
formal decision to be recorded.
28. A border alert will be placed on her, and she would be prevented from boarding any flight to
New Zealand. Officials would send her notification of the Minister’s decision.
Annexes
Annex One: Immigration Act 2009 – Section 16
2223-3097
out of scope
6
Annex One: Immigration Act 2009 – Section 16
16 Certain other persons not eligible for visa or entry permission
1) No visa or entry permission may be granted, and no visa waiver may apply, to any person
who—
(a) the Minister has reason to believe -
(i) is likely to commit an offence in New Zealand that is punishable by imprisonment; or
(ii) is, or is likely to be, a threat or risk to security; or
(iii) is, or is likely to be, a threat or risk to public order; or
(iv) is, or is likely to be, a threat or risk to the public interest; or
(b) is a member of a terrorist entity designated under the Terrorism Suppression Act 2002.
(2) This section is subject to section 17.
2223-3097
out of scope
7
Cc: Simon Sanders <[email address]>, Fraser Richards
<[email address]>, Alison McDonald (Dep Sec Immigration)
<[email address]>
Subject: Aide memoire regarding Kellie-Jay Keen-Minshull [out of scope]
Hi 9(2)(g)(ii)
I have attached for you an aide memoire regarding Kellie-Jay Keen-Minshull.
As Simon mentioned, it is likely a decision will be made in the morning.
Thanks,
Section 9(2)(g)(ii)
Thanks,
Section 9(2)(g)(ii)
From:
Section 9(2)(g)(ii)
To:
9(2)(g)(ii)
Cc:
Simon Sanders; Fraser Richards; Alison McDonald (Dep Sec Immigration)
Subject:
KEEN decision out of scope ]
Date:
Tuesday, 21 March 2023 2:43:20 pm
Attachments:
KEEN-MINSHULL out of scope .msg
Hi 9(2)(g)(ii)
Based on the information available to Immigration New Zealand, the National Manager
Border has considered whether there is reason to believe that KEEN is likely to be, or is, a
threat or risk, to the public order or the public interest.
The National Manager Border has concluded based on the information to hand (which
includes an internal risk assessment, a NZ Police Intelligence Notification and MBIE Legal
advice) that the threshold to consider KEEN to be an excluded person under s16 is
not
met. KEEN will therefore be allowed to travel to New Zealand as a visa waiver traveller. The
record of decision is attached for your reference.
If the Minister has reason to believe KEEN is likely to be, or is, a threat or risk, to the public
order or public interest he could choose to intervene in this matter. He would do so by
directing officials that he considers the threshold to consider KEEN to be an excluded
person under s16 is met. Officials would then provide documentation for the Minister’s
formal decision to be recorded.
MBIE Intelligence has no holdings on KEEN. Earlier today, we contacting NZ Police seeking
permission to share their Intelligence Notification with your office. We are yet to receive
an answer and will let you know once we have agreement or otherwise.
FYI – we have now received PNR data that shows a flight booked for KEEN on Friday 24
March.
Thanks,
Section 9(2)(g)(ii)
From:
Peter Elms
To:
Simon Sanders Section 9(2)(g)(ii) Fraser Richards
Cc:
Richard Owen
Subject:
KEEN-MINSHULL out of scope ]
Date:
Tuesday, 21 March 2023 2:32:21 pm
Hi all,
I have reviewed the circumstances surrounding the anticipated entry of Kellie-Jay KEEN-
MINSHULL in order to determine her eligibility to enter New Zealand. In doing so I have reviewed
the information assessment completed by INZ’s Risk Assessment Team and the New Zealand
Police Intelligence Notification. I have also considered MBIE legal opinion.
KEEN-MINSHULL is the holder of a valid United Kingdom passport. She holds a current New
Zealand electronic travel authority (NZeTA). KEEN-MINSHULL is reported to be intending to
travel to New Zealand as part of her ‘Let Women Speak’ tour. I am advised that she does not
require a work visa for the purpose of her visit.
As a result of public disorder and public interest concerns raised in respect to the ‘Let Women
Speak’ tour I have considered whether it is appropriate to withdraw KEEN-MINSHULL’s travel
authority in accordance with section 16 Immigration Act 2009. I have determined that KEEN-
MINSHULL’s purpose for travel does not meet the threshold to make her an excluded person and
therefore ineligible for a visa or entry permission outlined in section 16. In making that
determination I am not satisfied that there is reason to believe, based on the evidence available,
that KEEN-MINSHULL is likely to commit an offence in NZ punishable by imprisonment, nor is
there a likely threat or risk to security, public order or public interest.
Accordingly KEEN-MINSHULL’s NZeTA remains valid, and she is therefore eligible to travel to New
Zealand as a visa waiver traveller.
I shall be updating AMS to reflect this decision.
Nga mihi
Peter Elms
National Manager Border
Immigration New Zealand | Ministry of Business, Innovation & Employment (MBIE)
Level 1 | 15 Stout Street | PO Box 1473 | Wellington | New Zealand
NZBN 9429000106078
Section 9(2)(g)(ii)
Sam Jaffe <[email address]>; Elizabeth
Mitchell <[email address]>; William Blackler (Parliament)
<[email address]>
Subject: RE: KELLIE-JAY KEEN-MINSHULL media queries [UNCLASSIFIED] GOING ASAP
Thanks Section 9(2)(g)(ii)
Our statement will be:
“Like many New Zealanders I would prefer it if Kellie-Jay Keen-Minshull never set foot in New
Zealand. I find many of her views repugnant, and am concerned by the way in which she courts
some of the most vile people and groups around including white supremacists. .
The decision on whether to suspend her NZeTA sits with Immigration and they have assessed that
she meets the criteria set out in the Immigration Act and regulations. This assessment took into
account the events in Melbourne that occurred last weekend. I have been advised that this case
does not meet the threshold for Ministerial intervention.
As we look towards her events for this coming weekend, the welfare and safety of our
transgender community is front of mind. Event organisers maintain the primary responsibility to
ensure they run a safe and secure event and police have advised they will also be in attendance to
ensure public safety.
I condemn her inflammatory, vile and incorrect worldviews, and will always stand alongside those
New Zealanders who use their own right to free speech against those who wish to take society
backwards.”
Could I please be bcc’d when your response goes.
Trav
Travis Mills (he/him) | Press Secretary to Hon Michael Wood
M: Section 9(2)(a) |
E [email address]
Parliament Buildings, Wellington, New Zealand
Authorised by Michael Wood, Parliament Buildings, Wellington
From:
Section 9(2)(g)(ii)
Sent: Wednesday, 22 March 2023 10:33 AM
To:
Section 9(2)(g)(ii)
Cc: Ceinwen Kelly <[email address]>; Section 9(2)(g)(ii)
Subject: FW: KELLIE-JAY KEEN-MINSHULL media queries [UNCLASSIFIED] GOING ASAP
MEDIA RESPONSE: KELLIE-JAY KEEN-MINSHULL
22 MARCH 2023
The statement below can be attributed to General Manager Richard Owen
I can confirm that Immigration New Zealand (INZ) has now finished reviewing the case involving
Kellie-Jay Keen-Minshull.
whether the travel er is ineligible to
enter due to character concerns.
In considering whether or not to issue a
visa INZ’s Border Officers wil assess al
information available at that time, and if
necessary they wil speak to the
passenger directly. The final decision on
whether a passenger is given entry
permission into New Zealand is at the
discretion of a Border Officer.
Jacob Jones,
Individual case - no
Hi there my name is Jacob. I'm a reporter at Newstalk
Ms Keen-Minshul is the holder of a
INZ
Newstalk ZB
privacy waiver
ZB. I was just wondering if I could either have an
United Kingdom passport. The United
interview or statement about this cal from the Greens
Kingdom (UK) is a visa waiver country
and Rainbow Greens to not al ow
which enables the holder of a UK
Kel ie-Jay Keen-Minshul ( aka Parker Posey) into the
passport to travel to New Zealand for a
country. I was just wondering what Immigration New
temporary visit without the need to
Zealand's decision is, or when it wil be decided. I would apply for a visa in advance. Instead, al
also be real y keen to know what sort of thing goes into
visa waiver nationals who wish to visit
a character test. I tried to put this to the Immigration
New Zealand must apply for a New
Minister but he referred me to you. If someone can do
Zealand Electronic Travel Authority
the interview they can cal through on 09 366 0466 or
(NZeTA).
the statement can be sent to me here.
In completing an NZeTA application the
applicant must declare any previous
convictions or removals/exclusions from
other countries. On arrival, the holder of
a NZeTA applies for a visa to enter New
Zealand.
Immigration New Zealand (INZ) can
confirm that Ms Keen-Minshul is the
holder of a NZeTA.
INZ’s Border Officers are responsible for
whether the visa
advance. Instead, all
assessment for Kel ie-
visa waiver nationals
Jay Keen-Minshul has who wish to visit New
been completed and
Zealand must apply for
what the outcome
a New Zealand
was.
Electronic Travel
I understand one of
Authority (NZeTA).
my col eagues has
In completing an
been in touch to ask
NZeTA application the
whether there is a
applicant must declare
review of the visa for
any previous
Kel ie-Jay Keen-
convictions or
Minshul , also known
removals/exclusions
as Posie Parker for her from other countries.
upcoming visit to New On arrival, the holder
Zealand.
of a NZeTA applies for
I understand
a visa to enter New
Immigration NZ said it Zealand.
would be able to come Immigration New
back to us today with
Zealand (INZ) can
the answer. Is that the confirm that Ms Keen-
case, and do you have Minshul is the holder
a time I can expect the of a New Zealand
information?
Electronic Travel
I'd be keen to confirm Authority (NZeTA).
if Immigration NZ is
INZ is now reviewing
reviewing her visa,
whether in the light of
and what sparked that the events at the
review, and the
weekend Ms Keen-
outcome of the
Minshul is stil able to
review?
travel to New Zealand
on the basis of the
NZeTA that she holds
without obtaining a
visa first.
20.03.23
20.03.23
Tyra Robberts,
Individual case —
Tyra here from
Interview declined,
INZ
Newstalk ZB
Keen-Minshul
Newstalk ZB. We’re
provided media
covering Posie
statement as above
Parker’s visa being
reviewed on Drive this
afternoon, is Richard
Owen available for a
chat with Heather du
Plessie-Al an at
5:10pm
20.03.23
20.03.23
Wil iam Terite,
Individual case —
Controversial anti-
Media statement as
INZ
NewsHub
Keen-Minshul
transgender activist
above
Kel ie-Jay Keen-
Minshul , also known
as Posie Parker, is set
to arrive in New
Zealand this week.
It prompted cal s and
an open letter from
the rainbow
community, asking for
the Immigration
Minister to ban Kel ie
from entering the
country.
I've seen in media
articles that the
Minister has deferred
this to Immigration
NZ.
Is there a
spokesperson
available for comment
on this? or can
Immigration NZ
confirm if it's looking
into this case.
An interview would be
ideal and I'm flexible,
otherwise a statement
too would suffice.
20.03.23
20.03.23
Jamie Ensor, NewsHub Individual case —
I am emailing to ask
Media statement as
INZ
Keen-Minshul
whether Immigration
above
NZ has given any
consideration to
blocking the entry of
anti-transgender
activist Kel ie-Jay
Keen-Minshul into
New Zealand. She has
two speaking events
planned for this
weekend in Auckland
and Wel ington.
There have been cal s
in New Zealand -
including from the
Green Party - for her
to be blocked entry
given her hateful
speech and the
potential for her to
threaten public order.
Over the weekend,
police officers in
Australia were
assaulted at protests
sparked by her
appearance.
• Wil her entry to NZ
be blocked?
• If so, on what
grounds?
20.03.23
20.03.23
Katie Harris, NZME
Individual case —
I am working on a
Media statement as
INZ
Keen-Minshul
story about Kel ie-Jay
above
Keen aka Posie Parker
and her planned visit
to New Zealand.
Would someone from
MBIE please be able to
provide a statement
regarding whether she
wil be able to enter
New Zealand and what
the purpose of her
travel to New Zealand
is.
20.03.23
20.03.23
Chris Schultz, The
Individual case —
Just wondering if I can Media statement as
INZ
Spinoff
Keen-Minshul
get a quick response
above
as to whether a Visa
application for Kel ie-
Jay Keen-Minsshul ,
also known as Posie
Parker, has been
received and
processed and what
the outcome was.
She's due in the
country sometime
around March 25.
20.03.23
20.03.23
Tom Day, Mediaworks Individual case —
I was wondering if
Media statement as
INZ
Keen-Minshul
Immigration NZ had
above
any statement
regarding the planned
arrival of Kel ie-Jay
Keen-Minshul this
week?
20.03.23
20.03.23
Andrew Macfarlane,
Individual case —
Could we urgently get Media statement as
INZ
Kim Baker Wilson,
Keen-Minshul
it confirmed that "
above
TVNZ
Immigration NZ is now
reviewing whether or
not Kel ie-Jay Keen-
Minshul is stil able to
travel to New Zealand
on the basis of the
NZeTA that she holds
without obtaining a
visa first"?
Fol ow up: Thanks for
this statement you
sent Andrew
Macfarlane.
Sorry if you were
already asked this and
I’m doubling up, but is
it something Richard
Owen can say on
camera at al ? Or is it
statement only?
20.03.23
20.03.23
Chelsea Daniels,
Individual case —
Is Immigration NZ
Media statement as
INZ
Newstalk ZB
Keen-Minshul
reviewing whether or
above
not Kel ie-Jay Keen-
Minshul is stil able to
travel to New
Zealand?
The British anti-
transgender activist
sparked controversy at
the weekend -- where
clashes broke out
between protesters
and her supporters in
Melbourne.
Any information on
her ability to travel to
NZ would be great.
She's due to speak at
events here.
20.03.23
20.03.23
Catie McLeod, NCA
Individual case —
I'm hoping to get a
Media statement as
INZ
Newswire
Keen-Minshul
statement regarding
above
the NZ government's
review of whether
Kel ie-Jay Keen-
Minshul can travel to
NZ with the NZeTA
that she holds without
obtaining a visa, after
what happened at the
protest she attended
in Melbourne on the
weekend, as local
media are reporting
this morning.
And wil the NZ
government ban Ms
Keen-Minshul from
visiting the country?
20.03.23
20.03.23
Frances Chin, Stuff
Individual case —
Newshub has reported Media statement as
INZ
Keen-Minshul
Immigration NZ
above
general manager
Richard Owner as
saying the agency is
now reviewing
whether anti-
transgender activist
Kel y-Jay Keen-
Minshul , also known
as Posie Parker, wil be
al owed into the
country, fol owing the
neo-Nazi-affiliated
protests that took
place in melbourne
over the weekend.
Could I get a
statement from
Immigration
confirming this
please? Any update
into whether Keen-
Minshul wil be
al owed into the
country would be
appreciated.
20.03.23
20.03.23
Jessica Maggio, Sky
Individual case —
Wondering if someone Media statement as
INZ
News
Keen-Minshul
is available to make
above
comment or provide a
statement on the
Greens letter to the
Immigration Minister
cal ing for the arrival
of Kel ie-Jay Keen-
Minshul to be banned
– given the neo-Nazi
rhetoric likely to
fol ow her (after
Melbourne’s ral y).
I know it’s something
that has been done in
the past – is this
something the MBIE is
currently considering?
20.03.23
20.03.23
Ben McKay, AAP
Individual case —
Reading this piece, can Media statement as
INZ
Keen-Minshul
I confirm please that
above
Kel ie-Jay Keen-
Minshul 's entry to
New Zealand is under
review by immigration
officials?
If you've provided
information
(background or
quotes) on Ms Keen-
been updating the
article for Stuff.
21.03.23
21.03.23
Janika ter El en,
Individual case —
I'm touching base
Media statement as
INZ
Discovery
Fol ow up
about any visa
above
decisions to be made
on Posey Parker today.
I'm just looking to get
a direct line of
communication up
with you, in case it's
going to happen late
in the day.
21.03.23
21.03.23
Ben McKay, AAP
Individual case —
Any update today on
Media statement as
INZ
Fol ow up
the review?
above
21.03.23
21.03.23
Jessica Maggio, Sky
Individual case —
Inquiring as to
Media statement as
INZ
News
Fol ow up
whether there has
above
been an update on the
arrival of Kel ie-Jay
Keen-Minshul ?
21.03.23
21.03.23
Jason Wal s, Newstalk Individual case —
Just fol owing up to
Media statement as
INZ
ZB
Fol ow up
see if Immigration NZ
above
has reached a decision
over what's happening
with Posie Parker's
visa?
21.03.23
21.03.23
Rachel Graham, RNZ
Individual case —
just checking in on
We wil be in touch if
INZ
Second fol ow up
whether there is any
there are any further
update on the decision updates. Nothing at
on Kel ie-Jay Keen-
this stage.
Minshul .
I know you said it
