run”. They “do not have to be unique or very rare but they do have to be truly an exception rather than the rule”.43 The Department of Internal Affairs assumes in its guidelines that the same threshold applies to s 9(1)(c), and there seems no reason why that should not be so.44 On the other hand, unlike s 207(1) of the Immigration Act, the circumstances on which a s 9(1)(c) applicant relies do not need to be “humanitarian”. Section 9(1)(c) expressly contemplates the possibility that humanitarian circumstances can ground such an application. But “other” exceptional circumstances may also suffice. And to be clear, not all of the circumstances on which Roland Kun relied were humanitarian. His application and supporting documentation provided extensive evidence of the considerable skills, experience and intellect that he and his wife Dr Le Roy brought with them to New Zealand, and of the contribution that they could thus make (both individually and in combination) to New Zealand society. Nevertheless, it is perhaps fair to say that this aspect of the Kun family’s circumstances had a weaker claim to exceptionality than the humanitarian dimension. In any event, that was the Department’s view. The reasons why the Minister himself ultimately concluded that Mr Kun’s circumstances were exceptional have not been recorded. But the Department’s advice and recommendation to the Minister (on which we can assume he is likely to have placed considerable reliance) identified no exceptionality in the non-humanitarian aspects of Mr Kun’s circumstances.45 On the other hand, Mr Kun’s highly unusual humanitarian predicament was quite clearly exceptional in any sense of the word, and the Department recognised as much.46 His unique circumstances involved the political persecution of an elected representative of a neighbouring Pacific nation (in large part, for his public defence of the rule of law) and, importantly, the indefinite separation of young New Zealand-resident children from their primary caregiver. There was no prospect of an end to this separation, and no apparent alternative to a grant of New Zealand citizenship to resolve the situation. If Mr Kun had been in New Zealand, there is little doubt that his circumstances would have qualified him for humanitarian relief within the various pathways available in the Immigration Act and associated policy frameworks (including, potentially, recognition of Mr Kun as a refugee).47 - Public interest A potential obstacle for Mr Kun arose, however, from the settled Departmental understanding of the meaning of “public interest” and of its relationship to the exceptional humanitarian circumstances requirement. At the outset, it is helpful to recognise the inherent tension between the two concepts that underlie s 9(1)(c). An evaluation of “exceptional circumstances” looks inward, inviting a focussed and personalised assessment of the situation of the individual. This is underscored by the language of s 9(1)(c), which confines the exceptional circumstances assessment to circumstances “relating to the 43 Ye v Minister of Immigration, above n 42, at [34]. For the current position, see “Application for New Zealand Citizenship, Adult: Guide notes” New Zealand Government <www.govt.nz> at 3; “New Zealand Citizenship – Operational Policy”, above n 11, at 17. The policy guidance extant at the time Mr Kun’s application was determined was to similar effect. 45 Jeff Montgomery to Minister of Internal Affairs, “Application for New Zealand citizenship – Mr Roland Tulen Kun” (18 May 2016) (on file with author). 46 Jeff Montgomery to Minister of Internal Affairs, above n 45. 47 See for example Refugee Appeal No 74665/03 [2005] NZAR 60 (RSAA), defining the term “being persecuted” in the criteria for refugee status as “the sustained or systemic violation of basic human rights, demonstrative of a failure of state protection”. The pathways available in the immigration context to deal with the humanitarian circumstances of migrants are discussed further below at nn 88–90 and associated text. 44 9 Electronic copy available at: https://ssrn.com/abstract=3094731