Hon Chris Penk, we urge you to reconsider your decision not to intervene in Jayden Maritz's case. Please use your authority and powers to grant him an exemption to the immigration health requirements and allow him to be reunited with our family in Aotearoa.

We also call on you to act to abolish New Zealand’s discriminatory Acceptable Standard of Health (ASH) immigration policy, which treats disabled children as burdens, separates families, and breaches New Zealand's international human rights obligations.

Our Story – The Maritz Family

My name is Frans Maritz. I immigrated to New Zealand in 2016 from South Africa to build a better life for my family. I have worked hard to contribute to the economy, paying taxes, running businesses, volunteering as a rugby coach, and fully integrating into Kiwi society. In 2020, my wife and two younger sons became permanent residents alongside me. But one of our children — our eldest son, Jayden Maritz — has been unable to join us.

Jayden, who had a stroke at birth, experiences developmental delays. He is otherwise healthy, growing into a young man, independent in daily living activities, and making steady educational progress.
Yet for 9 years, he has been separated from us, forced to live with his grandparents in South Africa, because Immigration New Zealand considers him a potential “cost.”

In March 2022, we applied for Jayden’s residence visa under the Family (Dependent Child) category.
We submitted full medical reports showing Jayden’s ability to function independently, positive occupational therapy and speech therapy outcomes, and progress in his education and social integration. Still, Immigration New Zealand declined his visa in June 2023, citing his developmental condition under Instruction A4.10.1.

They refused to assess him individually. They refused to consider a medical waiver. They treated Jayden as a statistic — not a boy, not a son, not a human being.

We appealed to the Immigration and Protection Tribunal, which issued its decision in February 2024. The Tribunal acknowledged the pain caused, but upheld the discrimination. We asked for Ministerial intervention. The intervention was denied. This bureaucratic nightmare and discrimination tear our family apart and violate every principle of justice, compassion, and decency New Zealand claims to stand for.

Our case is not isolated. Other New Zealand-based families have also suffered:

• The Geldenhuys family from Waikato, whose son with Down syndrome was denied residency.
• The Meets family risks being separated from their son.
• The Tran family, whose hardworking contributions were dismissed because of a child’s medical condition.

These families contribute to New Zealand’s economy. They fill skill shortages. They are the backbone of growing, diverse, hardworking communities. 94% of skilled principal applicants and 67% of spouses work and contribute to New Zealand’s economy — many in healthcare, construction, and education. Still, under current policy, a child’s disability outweighs all contributions and families are ripped apart.

New Zealand is failing its legal and moral obligations:

• United Nations Convention on the Rights of the Child (UNCRC):
  Articles 2 (non-discrimination), 3 (best interests of the child), 9 (the right not to be separated from parents), and 23 (protection of children with disabilities).
• United Nations Convention on the Rights of Persons with Disabilities (UNCRPD):
  Articles 5 (equality and non-discrimination). 18 (movement and nationality) and 23 (respect for home and family).

The United Nations Committee on the Rights of Persons with Disabilities has already called on New Zealand to change this discriminatory immigration practice. The Government has ignored this request.

Enough is Enough

For nine years, my son has been treated as a cost, not as a child. For nine years, our family has lived with an empty seat at our table. We will no longer accept being treated as second-class human beings. We fight not only for Jayden — but for every family caught in this broken system. We fight for justice. We fight for unity. We fight for the true spirit of Aotearoa.

Let our children be children. Let our families be families. Let’s fix this — now.

Signed,

Frans Maritz
On behalf of the Maritz family and concerned New Zealanders.