What protocols, if any, does the Ministry of Foreign Affairs and Trade have in place for responding when a New Zealand citizen is detained by immigration authorities in the United States, including timeframes for making initial contact with the detained person, escalation procedures to senior officials and the Minister, and criteria for making formal representations to US authorities?

Answer

The Vienna Convention on Consular Relations sets out the requirements of the host country to notify New Zealand consular officials that a New Zealander has been detained or arrested, if the New Zealand citizen requests it. The convention does not mandate specific timeframes for this to occur. The timing of notifications that New Zealanders are detained overseas can vary depending on a range of factors, including the timing of when someone requests consular assistance as well as detention centre processes where the New Zealander is held. Decisions on consular case management are usually made by the Ministry of Foreign Affairs and Trade's Consular Division, in close consultation with the responding embassy, High Commission or Consulate. Escalation decisions for any case in any country are made on a case-by-case basis, considering the circumstances of the situation, the individual's wishes, any risk to the individual, and an assessment of if normal consular expectations have not been met. While consular officials may contact host government authorities to seek information about New Zealanders in detention, they cannot influence the immigration decisions or judicial systems of other countries.