Immigration Amendment Act (No 2) 2006

1: Title
This Act is the Immigration Amendment Act (No 2) 2006.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Immigration Act 1987
4: Interpretation
Section 2(1) employment epidemic management notice section 8(1) of the Epidemic Preparedness Act 2006 .
5: New section 35AC inserted
The following section is inserted after section 35AB
35AC: Deemed extension of certain permits expiring during epidemic
1: This section applies to a temporary permit, a limited purposes permit, or an exemption from the requirement to hold a permit, if—
a: it was in force immediately before the commencement of an epidemic management notice; and
b: but for this section, it would expire before the day 14 days after the day on which the notice expires.
2: A temporary permit, limited purposes permit, or exemption to which this section applies must for all purposes be treated as if it continues to be a valid temporary permit, limited purposes permit, or exemption (as the case may be) until the earlier of the following events:
a: its revocation or cessation:
b: the expiration of 3 months after the day on which the epidemic management notice expires.
3: Subsection (2)
a: the endorsement or modification of a permit or exemption; or
b: the issue of a document extending a permit or exemption; or
c: the issue of a new permit or exemption.
6: New sections 129ZC to 129ZG inserted
The following sections are inserted before section 130
129ZC: During epidemic courts may deal with certain matters on basis of documents only
1: While an epidemic management notice is in force, any matter for which this Act requires a person to be brought before a District Court Judge or Registrar may be dealt with by a District Court Judge or Registrar on the basis of documents only, without the person's being brought before the Judge or Registrar.
2: Subsection (1)
3: If the notice applies to only stated parts of New Zealand, subsection (1)
129ZD: Modification during epidemic of requirements to bring people before court
1: This subsection applies to a requirement imposed by this Act if it requires a person to be brought before a District Court Judge at intervals of not more than a stated duration for consideration or further consideration of a question.
2: While an epidemic management notice is in force, it is a sufficient compliance with a requirement to which subsection (1)
3: If the notice applies to only stated parts of New Zealand, subsection (2)
129ZE: During epidemic certain warrants and extensions to have effect for 28 days
1: The following provisions apply to a warrant of commitment issued under this Act:
a: if it was in force immediately before the commencement of an epidemic management notice, it has effect as if it had authorised the detention of the person named in it for a period of 28 days:
b: if it is issued while an epidemic management notice is in force, it authorises the detention of the person named in it for a period of 28 days, or any shorter period the Judge thinks reasonable in the circumstances:
c: if it was in force immediately before the commencement of an epidemic management notice, or is issued while an epidemic management notice is in force, it may be extended for a further period (or, as the case requires, further periods) of up to 28 days.
2: Subsection (1)
3: If the notice applies to only stated parts of New Zealand, subsections (1) and (2)
129ZF: Application of section 128AB during epidemic
1: While an epidemic management notice is in force, an immigration officer and the released person may agree to vary a condition imposed under section 128AB(1)(c)
a: whether or not the order containing it provides for them to do so; and
b: whether or not they have the consent of a District Court Judge.
2: If the notice applies to only stated parts of New Zealand, subsection (1)
129ZG: Calculation of consecutive period of detention for purposes of section 60(7)
1: In calculating for purposes of section 60(7)
a: no account is to be taken of any periods of detention occurring while an epidemic management notice is in force; but
b: periods of detention do not cease to be consecutive just because they include periods during which an epidemic management notice was in force.
2: If the notice applies to only stated parts of New Zealand, subsection (1)