Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698835082669.pdf (New Zealand)
2014/283 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 Jerry Mateparae, Governor-General Order in Council At Wellington this 18th day of August 2014 Present: The Right Hon John Key presiding in Council Pursuant to sections 400(b) and (f) and section 401(c) of the Immi- gration Act 2009, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents Title Commencement Part 1 Amendments to principal regulations Principal regulations Regulation 4 amended (Interpretation) Regulation 4A replaced (Meaning of prescribed fee) 4A Fees Page 2 2 3 3 3 3 1 5 5 6 6 7 7 8 8 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 2014/283 r 1 Regulation 16 amended (People to whom waiver of requirement for transit visa applies) Regulation 18 amended (People to whom waiver of requirement for visa permitting travel to New Zealand applies) Regulation 26AA amended (Prescribed fees (not imposed elsewhere by these regulations)) Regulation 26AAB amended (Exemptions from or reductions in prescribed fees) New Schedule 2A inserted Schedule 4 amended Part 2 Revocation of amendments to principal regulations 12 Revocations Schedule New Schedule 2A inserted Regulations Title These regulations are the Immigration (Visa, Entry Permis- sion, and Related Matters) Amendment Regulations (No 3) 2014.
Commencement Regulations 4, 5, 8, and 11 come into force on 19 September 2014.

Regulations 6, 7, and 10 come into force on 26 January 2015.

Part 2 comes into force on 6 April 2015.

The rest of these regulations come into force on 22 August 2014.
1 2 (1) (2) (3) (4) 2 2014/283 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 Part 1 r 5 Part 1 Amendments to principal regulations Principal regulations These regulations amend the Immigration (Visa, Entry Permis- sion, and Related Matters) Regulations 2010 (the principal regulations).
Regulation 4 amended (Interpretation) In regulation 4(1), replace the definition of prescribed fee with: “prescribed fee, in relation to any matter, means the appro- priate fee for the matter ascertained under regulation 4A”.
Regulation 4A replaced (Meaning of prescribed fee) Replace regulation 4A with: 3 4 5 “4A Fees “(1) For a citizen of Guam, French Polynesia, or New Caledo- nia who is outside New Zealand at the time the fee becomes payable,— “(a) the appropriate fee for any of the following matters is the corresponding amount stated in the fourth column of Schedule 4: “(i) “(ii) an application for a residence class visa: an application to vary the travel conditions on a visa by a person holding a resident visa: “(iii) a notification of an expression of interest in ap- plying for a residence class visa: “(b) “(iv) a request for a special direction; and the appropriate fee for any other matter is the corres- ponding amount stated in the fifth column of that sched- ule.
“(2) For a citizen of Norfolk Island who is outside New Zealand at the time the fee becomes payable,— “(a) the appropriate fee for any of the following matters is the corresponding amount stated in the third column of Schedule 4: “(i) a notification of an expression of interest in ap- plying for a residence class visa: 3 Part 1 r 5 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 2014/283 a request for a special direction: “(ii) “(iii) an application for a residence class visa (other than an application for a permanent resident visa made by a person who holds or has previously held a resident visa); and the appropriate fee for any other matter (including an application for a permanent resident visa made by a per- son who holds or has previously held a resident visa) is the corresponding amount stated in the fourth column of that schedule.
“(b) “(3) Except as provided in subclauses (1) and (2), the appropriate fee for any matter is— “(a) the corresponding amount specified in the third column of Schedule 4, if the person to whom the fee applies— is in New Zealand at the time the fee is payable; “(i) or is a New Zealand citizen; or “(ii) “(iii) is a citizen of Cook Islands or Niue who is trav- elling on a New Zealand passport: the corresponding amount stated in the fourth column of Schedule 4, if the person to whom the fee applies is not in New Zealand at the time the fee is payable, and is— “(i) a citizen of American Samoa, Australia, Fiji, Kiribati, Marshall Islands, Micronesia (Fed- erated States of), Nauru, Palau, Papua New Guinea, Pitcairn Islands, Samoa, Solomon Is- lands, Tonga, Tuvalu, or Vanuatu; or a citizen of Cook Islands or Niue who is not trav- elling on a New Zealand passport: “(ii) the corresponding amount stated in the third, fourth, or fifth column of Schedule 4 that reflects the country of citizenship stated for the matter to which the fee applies, if the person to whom the fee applies— “(i) is not in New Zealand at the time the fee is payable; and “(ii) holds citizenship of more than 1 country; and “(iii) does not hold a Palestinian passport: “(b) “(c) 4 2014/283 “(d) Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 Part 1 r 7 the corresponding amount stated in the fifth column of Schedule 4, if the person to whom the fee applies— “(i) is not in New Zealand at the time the fee is
 payable; and is a citizen of a country not referred to in para- graph (a) or (b); and “(ii) “(iii) is not a person to whom paragraph (c) applies; and “(e) “(iv) does not hold a Palestinian passport: the corresponding amount stated in the third, fourth, or fifth column of Schedule 4 that reflects the country in which the person resides, if the person to whom the fee applies— “(i) is not in New Zealand at the time the fee is payable; and “(ii) holds a Palestinian passport.
“(4) In this regulation, corresponding amount, in relation to a matter whose description is set out in the second column of Schedule 4, means the amount stated opposite the descrip- tion.” 6 7 Regulation 16 amended (People to whom waiver of requirement for transit visa applies) After regulation 16(d), insert: “(e) for the period beginning on 26 January 2015 and ending on 6 April 2015, the people described in Schedule 2A.” Regulation 18 amended (People to whom waiver of requirement for visa permitting travel to New Zealand applies) After regulation 18(1), insert: “(1A) For the period beginning on 26 January 2015 and ending on 6 April 2015, the requirement to hold a visa permitting travel to New Zealand is waived for the people described in Schedule 2A.” 5 Part 1 r 8 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 2014/283 8 9 Regulation 26AA amended (Prescribed fees (not imposed elsewhere by these regulations)) Replace regulation 26AA(k) and (l) with: “(k) an agreement to recruit under Recognised Seasonal Em- ployer work immigration instructions.” Regulation 26AAB amended (Exemptions from or reductions in prescribed fees) Replace regulation 26AAB(4) with: (1) “(4) The prescribed fee for the following applications for a resi- dence class visa specified in Schedule 4 is reduced by NZ$92: an application by a citizen of Samoa (other than an ap- “(a) plication that— “(i) “(ii) relates to the Samoan Quota scheme immigration instructions; or is made for a permanent resident
 visa or a resident visa by a person who holds or has previously held a resident visa): “(b) “(c) an application associated with the Victims of Domestic Violence immigration instructions (other than an appli- cation for a permanent resident visa or a resident visa made by a person who holds or has previously held a resident visa): an application (other than an application for a perman- ent resident visa or a resident visa made by a person who holds or has previously held a resident visa) made by a person who,
 on a previous application made on or after 1 July 2003, paid— “(i) the applicable fee for a temporary visa (Long- term Business); or the applicable fee for a temporary visa (work visa under Work Partnership/Work to Residence: Talent (Arts, Culture, and Sports) immigration instructions, Talent (Employer Accreditation) immigration instructions, or Talent (Long-term Skills Shortage List) immigration instructions); or “(ii) “(iii) the applicable fee for a temporary visa (En- trepreneur Work Visa); or 6 2014/283 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 Part 1 r 11 “(iv) the applicable fee under the Immigration Regu- lations 1999 for— “(A) a work permit, or a work visa, under the Talent (Accredited Employers) work pol- icy, Talent (Arts, Culture, and Sports) work policy, and priority occupations list work policy; or “(B) a long-term business visa or permit.” Replace regulation 26AAB(5) with: (2) “(5) The prescribed fee for an application for a temporary visa (Entrepreneur Work Visa) or a temporary work visa under the Work Partnership/Work to Residence: Talent (Arts, Cul- ture, and Sports) immigration instructions, the Talent (Em- ployer Accreditation) immigration instructions, or the Talent (Long-term Skills Shortage List) immigration instructions is reduced by NZ$92 where the applicant is— “(a) “(b) a citizen of Samoa; or a person who, on a previous application made on or after 1 July 2003, paid the applicable fee for a
 temporary visa (Long-term Business); or a person who, on an earlier application made on or after 1 July 2003, paid the applicable fee under the Immigra- tion Regulations 1999 for— “(i) “(c) a work permit, or a work visa, under the Tal- ent (Accredited Employers) work policy, Talent (Arts, Culture, and Sports) work policy, and pri- ority occupations list work policy; or a long-term business visa or permit.” “(ii) 10 11 (1) (2) New Schedule 2A inserted After Schedule 2, insert the Schedule 2A set out in the
 Sched- ule of these regulations.
Schedule 4 amended In Schedule 4, item relating to regulation 26AA(c), insert in the fourth and fifth columns “165”.

In Schedule 4, revoke the item relating to regulation 26AA(l).

7 Part 2 r 12 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 2014/283 Part 2 Revocation of amendments to principal regulations 12 (1) (2) Revocations Revoke regulations 16(e) and 18(1A).

Revoke Schedule 2A.
Schedule New Schedule 2A inserted Schedule 2A People to whom temporary waiver to travel to New Zealand during Cricket World Cup 2015 applies r 10 rr 16(e), 18(1A) People who hold an Australian temporary visa of a kind spe- cified in the following table, but only if— (a) the visa permits the person concerned to travel to, and stay in, Australia; and the visa is valid at the time of check-in for departure to New Zealand and on arrival in New Zealand; and the person is seeking a New Zealand temporary visa that is current for no more than 3 months; and the purpose of the visit to New Zealand does not include medical consultation or treatment.
(b) (c) (d) Australian visa class TP Sub-class 159 Description Provisional resident return UR UR UR UR UR UR UT 8 160 161 162 163 164 165 173 Business owner (provisional) Senior executive (provisional) Investor (provisional) State/Territory sponsored business owner (provisional) State/Territory sponsored senior executive (provisional) State/Territory sponsored investor (provisional) Contributory parent (temporary) 2014/283 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 Schedule Schedule 2A—continued Australian visa class EB Sub-class 188 TO UF GA GB GC GD UY TH TQ TE TH TH TH GE TE UE TE TG TG TE TH TK UC UC UL UP US 300 309 400 401 402 403 405 406 410 411 415 418 419 420 421 422 423 426 427 428 442 445 456 457 459 461 462 Description Business innovation and investment (provisional) Prospective marriage Spouse (provisional) Temporary work (short stay activity) Temporary work (long stay activity) Training and research Temporary work (international relations) Investment retirement Government agreement Retirement Exchange Foreign government agency Educational Visiting academic Temporary Work (Entertainment) Sport Medical practitioner Media and film staff Domestic worker (temporary) diplomatic or consular Domestic worker (temporary) executive Religious worker Occupational trainee Dependent child Business (short stay) Business (long stay) Sponsored business visitor (short stay) New Zealand citizen family relationship (temporary) Work and holiday (temporary) 9 Schedule
 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 2014/283 Schedule 2A—continued Australian visa class UV Sub-class 470 Description Professional development 475 476 485 485 487 488 489 495 496 560 561 570 571 572 573 574 575 576 580 600 601 651 676 679 820 884 995 Skilled – regional sponsored Skilled – recognised graduate Skilled – graduate Temporary graduate Skilled – regional sponsored Superyacht crew Skilled – regional (provisional) Skilled – independent regional (provisional) Skilled – designated area-sponsored (provisional) Student Student Independent ELICOS sector Schools sector Vocational education and training sector Higher education sector Postgraduate research sector Non-award sector AusAID or Defence sector Student guardian Visitor Electronic travel authority eVisitor Tourist Sponsored family visitor Spouse (extended eligibility) Contributory aged parent Diplomatic VF VF VC VC VC UW SP UX UZ TU UA TU TU TU TU TU TU TU TU FA UD TV TR UL UK UU TF 10 2014/283 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 Explanatory note Michael Webster, Clerk of the Executive Council.
Explanatory note This note is not part of the regulations, but is intended to indicate their general effect.

These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations) in 3 respects.
First, these regulations amend regulation 26AAB of the principal regulations (which provides for certain exemptions from or reduc- tions in prescribed fees), with effect on 22 August 2014, so as to make clear that the present reduction of $92 in some fees applies to— • applications for a residence class visa by people who, on a previous application made on or after 1 July 2003, paid— • the applicable fee for a temporary visa (Long-term Business), or a temporary visa (Entrepreneur Work Visa); or certain fees prescribed by the Immigration Regulations 1999; and • • applications for a temporary visa (Entrepreneur Work Visa) or a temporary work visa under the Work Partnership/Work to Residence (Talent, Arts, Culture, and Sports) immigration in- structions, the Talent (Employer Accreditation) immigration instructions, or the Talent (Long-term Skills Shortage List) immigration instructions made by people who, on an earlier application made on or after 1 July 2003, paid the fee for a temporary visa (Long-term Business).
The amendments also make clear that the reductions do not apply to fees for applications for a permanent resident visa or a resident visa made by a people who hold or have previously held a resident visa.

Secondly, these regulations make several technical amendments, which take effect on 19 September 2014.
They replace regulation 4A of the principal regulations (which pre- scribes fees), and make a consequential amendment to regulation 4 11 Explanatory note Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 2014/283 by inserting a new definition of prescribed fee.
The new regulation 4A differs from the present provision in that it— • makes clear that the “New Zealand band” fee applies to all ap- plications made in New Zealand, regardless of the citizenship of the people who make them: makes clear (in relation to applications not made in New Zealand) that citizens of Cook Islands or Niue not travelling on a New Zealand passport, and citizens of Australia and Palau, pay the same fees as citizens of other states that are members of the Pacific Island Forum.
• They amend regulation 26AA of the principal regulations (which pre- scribes fees for certain matters for which fees are not prescribed else- where in the principal regulations) by deleting from the list of those matters the consideration of the first or any subsequent, or a change of, business plan in relation to a person within an investor category of immigration instructions.
They rectify 2 omissions in Schedule 4 of the principal regulations (which sets out various prescribed fees) by prescribing fees for appli- cations made outside New Zealand for variations of conditions im- posed on temporary entry class visas.

Thirdly, these regulations waive, as from, 26 January 2015 the re- quirement to hold a transit visa or a visa permitting travel to New Zealand for people who hold specified Australian temporary visas.
The waiver applies until 6 April 2015, at which time the provisions giving effect to the waiver are revoked.

The purpose of the waiver is to allow people visiting Australia and New Zealand during the Cricket World Cup 2015 to visit both countries without having to apply for 2 separate visas.

The formal provisions of these regulations come into force on 22 August 2014.
12 2014/283 Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 21 August 2014.

These regulations are administered by the Ministry of Business, Innovation, and Employment.

12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2014 13