specific public interest in the protection of children and families – considerations that were, of course, of particular relevance to Mr Kun’s situation. The legal significance of Mr Kun’s case lies in the fact that, in the course of finalising its submission to the Minister, the Department of Internal Affairs reached the view that this approach applied, by analogy, to the public interest test in s 9(1)(c). In its final advice and recommendation to the Minister on Mr Kun’s case, the Department noted that, following “in depth feedback regarding applicable case-law” from Mr Kun’s counsel, the Department had reviewed its initial position on Mr Kun’s case. The Department went on to apply the public interest test to Mr Kun’s circumstances in the following terms: … Maintaining and protecting the unity of families is in the public interest, as it contributes to the well-being and stability of the community, and on New Zealand as a whole. Supporting the togetherness of a family unit also reflects New Zealand’s international obligations as a signatory of the International Covenant on Civil and Political Rights. There is a strong public interest in protecting the rights of children and considering their best interests. New Zealand is a signatory to the United Nations Convention on the Rights of the Child, which requires that the best interest of the child shall be a primary consideration in all actions concerning children. In this case, the three children’s rights to family life are being impacted by the current separation. The Department acknowledges the argument presented by Mr Kun’s counsel that it would be in the best interests of the three children for their family to be reunited, which a grant of citizenship to their father may assist in enabling. … the Department understands that Mr Kun has been separated from his family indefinitely due to the actions of the Nauru government. While a decision not to grant citizenship would not worsen his situation, a grant could improve his situation and therefore may be in the public interest. The author is not party to the legal advice on which the Department relied in settling its new position (a summary of which was redacted from the copy of the Department’s final advice and recommendation released to Mr Kun). However, at a meeting in May 2016, the General Manager and Registrar-General advised Mr Kun’s wife and legal counsel that counsel’s submissions on Mr Kun’s behalf had prompted the Department to seek its own legal advice, that this advice had confirmed that the Department’s approach to the “public interest” test was no longer correct (if, indeed, it ever had been) and that the Department had changed its policy approach accordingly. After some delay, the revised approach has now fed through into publicly promulgated policy guidelines. The two relevant policy documents that were available at the time of Mr Kun’s application have been removed from the Department’s website.71 In June 2017, in response to an official information request, the Department provided the author with a copy of new policy guidance that it had formulated for departmental advisors.72 This new guidance begins by affirming that, in general, the public interest requires some advantage or positive benefit to New Zealand. But it stresses that the test should not be applied “too rigidly”. In addition to situations of positive benefit or advantage, a public interest might arise (according to the guideline): a. Where a grant of citizenship would remedy an existing situation, and remedying that situation would be in the public interest (this is in effect a benefit to the public interest) 71 “Grant of Citizenship in Special Cases”, above n 49; “Information sheet: Exceptional circumstances for citizenship”, above n 49. See Letter from Briget Ridden (Manager Business Improvement and Support, Births, Deaths, Marriages, Citizenship and Translations) to Claudia Geiringer regarding Official Information Act 1982 request Ref #16/17-0390 (29 June 2017) (on file with author), confirming that these two documents were removed because they no longer accurately summarised the Department’s policy with respect to the application of the public interest test. 72 “Policy: Grant of citizenship by reason of exceptional circumstances and public interest” (Obtained under Official Information Act 1982 request to Department of Internal Affairs). Some passages were redacted in reliance on legal professional privilege. 14 Electronic copy available at: https://ssrn.com/abstract=3094731