Immigration Act 2009

1: Title
This Act is the Immigration Act 2009.
2: Commencement
1: This Act comes into force on a date to be appointed by the Governor-General by Order in Council, except as provided in subsections (2) to (5)
2: Sections 30 31 60 100 104 111 120 149(1)﻿(e) 278 283 to 291 312 400(l)
3: Section 477
4: Sections 475 476 478
5: Section 474 Immigration Act 2009 Amendment Act 2010
6: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(1) brought into force 29 November 2010 clause 2(2) Immigration Act 2009 Commencement Order 2010 Section 2(2) brought into force 20 December 2010 clause 2 Immigration Act 2009 Commencement Order (No 2) 2010 Section 2(2) brought into force 20 October 2011 clause 2 Immigration Act 2009 Commencement Order 2011 Section 2(2) brought into force 3 September 2012 Immigration Act 2009 Commencement Order 2012 Section 2(3) brought into force 2 August 2010 clause 2(1) Section 2(1) amended 9 April 2010 section 4(1) Immigration Act 2009 Amendment Act 2010 Section 2(5) added 9 April 2010 section 4(2) Immigration Act 2009 Amendment Act 2010 Section 2(6) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary provisions
3: Purpose
1: The purpose of this Act is to manage immigration in a way that balances the national interest, as determined by the Crown, and the rights of individuals.
2: To achieve this purpose, the Act establishes an immigration system that—
a: requires persons who are not New Zealand citizens to—
i: hold a visa to travel to New Zealand; and
ii: hold a visa and be granted entry permission to stay in New Zealand; and
b: provides for the development of immigration instructions (which set rules and criteria for the grant of visas and entry permission) to meet objectives determined by the Minister, which may include objectives such as—
i: contributing to the New Zealand workforce through facilitating access to skills and labour; and
ii: supporting families; and
c: allows for the management of persons crossing the border by setting requirements that apply to—
i: persons arriving, or intending to arrive, in New Zealand; and
ii: persons departing, or intending to depart, from New Zealand; and
d: provides a process for implementing specified immigration-related international obligations; and
e: includes mechanisms to ensure that those who engage with the immigration system comply with its requirements, including mechanisms that—
i: enable immigration officers to gather information in relation to visa holders, employers, and education providers to determine compliance with obligations in respect of the system; and
ii: prescribe the system for the deportation of people who are not New Zealand citizens and who fail to comply with immigration requirements, commit criminal offences, or are considered to pose a threat or risk to security; and
f: establishes a specialist tribunal to consider appeals against decisions made under this Act and to consider humanitarian appeals; and
g: supports the settlement of migrants, refugees, and protected persons; and
h: enables a levy to be charged to fund, or contribute to the funding of, costs associated with conservation or tourism. Section 3(2)﻿(c) replaced 28 September 2017 section 266 Intelligence and Security Act 2017 Section 3(2)﻿(h) inserted 1 July 2019 section 4 Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019
4: Interpretation
In this Act, unless the context otherwise requires,— absolute discretion section 11 address for service section 387 administrative error section 8 airport section 2 appeal on humanitarian grounds section 207 appeal on the facts section 202 appeals body
a: the Residence Review Board:
b: the Removal Review Authority:
c: the Refugee Status Appeals Authority:
d: the Deportation Review Tribunal approved system
a: providing information to the chief executive under section 96
b: giving notice under section 97(2)
c: giving notice under section 97A(3) arrival hall section 59 biometric information
a: 1 or more of the following kinds of personal information:
i: a photograph of all or any part of the person’s head and shoulders:
ii: impressions of the person’s fingerprints:
iii: a scan of the person’s irises; and
b: a record, whether physical or electronic, of the personal information that is capable of being used for biometric matching border requirement sections 103 to 106 119 120 carrier
a: means the owner or charterer of the craft; and
b: if the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer; and
c: if there is no agent in New Zealand, includes the person in charge of the craft certificate of identity
a: means a document (other than a passport) issued by the government of any country to any person for the purposes of facilitating that person’s entry into or exit from any country, being a document that—
i: purports to establish the identity but not the nationality of that person; and
ii: confers on that person a right to enter the country whose government has issued the document; and
b: includes—
i: any emergency travel document or refugee travel document issued under the Passports Act 1992
ii: any travel document issued by any international organisation for the time being specified by the Minister for the purpose of this definition chief executive
a: the chief executive of the Department:
b: when used in relation to a relevant agency, the chief executive of that agency (including, where appropriate, the Commissioner of Police, the Chief of Defence Force, and the General Manager of the Aviation Security Service) claim
a: a refugee in New Zealand under the Refugee Convention:
b: a protected person in New Zealand under the Convention Against Torture:
c: a protected person in New Zealand under the Covenant on Civil and Political Rights claimant
a: means a person who has made a claim; but
b: does not include a person whose claim has been finally determined (within the meaning of section 128 classified information section 7(1) commercial craft compulsion order section 290(1) compulsory education
a: provided at any primary school, intermediate school, composite school, secondary school, or specialist school (within the meaning of the Education and Training Act 2020 section 10(1)
b: provided to a person at any time during the period beginning on the person’s fifth birthday and ending on 1 January following the person’s 19th birthday conditions conservation has the meaning given to it in section 2(1) contact address section 387A Convention Against Torture counsel assisting the court section 269 course of study
a: means—
i: any course of tuition or instruction for people entitled to free enrolment and education under section 33 section 10(1)
ii: any other course of tuition or instruction conducted by any school, college, institute, university, or other body or person, and leading to any educational or vocational qualification the attainment of which by any person would be likely to enhance the employment prospects of that person, either generally or in respect of any particular profession or occupation; and
iii: in relation to any particular person, any other course of tuition or instruction if the undertaking of that course is the principal reason why that person wishes to be or is in New Zealand; but
b: does not include any course of tuition or instruction excluded, or excluded for a particular purpose, from this definition by immigration instructions Covenant on Civil and Political Rights craft crew
a: means every person employed or engaged in working or providing a service in or on the craft; and
b: includes the person in charge of the craft customs officer section 5(1) Department departure hall section 59 dependent child deportation liability notice section 171 , and, for the purposes of serving a notice, includes a copy of the notice deportation order
a: an order that contains the information described in section 176 section 175
b: an Order in Council made under section 163
c: a copy of the order specified in paragraph (a) or (b) designated agency section 264(1) disembarkation education provider
a: in relation to any institution controlled by a board constituted under subpart 5
b: in relation to any institution controlled by the chief executive of the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Education and Training Act 2020
c: in relation to any university, means the appropriate university council:
d: in any other case, means the institution, body, or person that or who is entitled to the fees payable by or on behalf of the persons undertaking the course, or that or who would be so entitled if any such fees were payable employee employer entry permission
a: a person who is not a New Zealand citizen:
b: a New Zealand citizen who is a national of 1 or more other countries and who wishes to enter New Zealand other than as a New Zealand citizen epidemic management notice section 8(1) excluded person section 15 16 exclusive economic zone of New Zealand section 9 execute section 178(2) former Act Immigration Act 1987 government agency
a: means—
i: a public service agency as defined in section 5
ii: a Crown entity (within the meaning of section 7(1)
b: includes the New Zealand Police grant holder
a: means the person in respect of whom the visa is granted; but
b: does not include a person whose visa has expired or been cancelled immigration control area section 382 immigration instructions
a: means immigration instructions certified under section 22
b: includes residence instructions, temporary entry instructions, and transit instructions immigration officer section 388 immigration status
a: holds a visa and, if so, what class and type of visa the person holds, and any conditions of the visa; or
b: is—
i: lawfully in New Zealand and, if so, what class and type of visa the person holds, and any conditions of the visa; or
ii: unlawfully in New Zealand (within the meaning of section 9 imprisonment infringement fee section 400 infringement offence section 359 international visitor conservation and tourism levy means a levy imposed by regulations under section 400 section 399A invitation to apply section 94 leave New Zealand section 121 mass arrival group section 9A Minister , in relation to a provision of, or made under, this Act (or to such a provision for particular purposes), of the provision (or for its administration for those purposes) New Zealand
a: the internal waters of New Zealand (as defined in section 4
b: the Ross Dependency (including any ice shelf); and
c: for the purposes of sections 21(a) 22(1)﻿(c)﻿(ii) 73(d) 74(1)﻿(b)﻿(ii) 77(4)﻿(a) 277 277A 382(1)
d: for the purposes of section 283(2)﻿(a) section 4 New Zealand citizen Citizenship Act 1977 Citizenship (Western Samoa) Act 1982 onshore operator
a: in relation to a port, means—
i: the owner of the port; or
ii: if the owner is not responsible for the operation or management of the port, the manager of the port or any other person who is, for the time being, responsible for the operation or management of the port:
b: in relation to an airport,—
i: means a local authority for the time being authorised under section 3
ii: includes any person or association of persons or airport company authorised under section 3(3) passenger passport
a: purports to establish the identity and nationality of the holder; and
b: confers on the holder the right to enter the country the government of which has issued the document; and
c: has not expired permanent resident person in charge personal service port
a: means any defined area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and
b: includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the port or its administration prescribed proceedings involving classified information section 7(4) protected person section 130 131 refugee section 126 129 refugee and protection officer section 390 Refugee Convention
a: means the United Nations Convention Relating to the Status of Refugees, done at Geneva on 28 July 1951; and
b: includes the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 registered post relevant agency
a: Aviation Security Service:
b: Civil Aviation Authority of New Zealand:
c: Department of Corrections:
d: Department of Internal Affairs:
e: Department of Labour:
f: Government Communications Security Bureau:
g: Maritime New Zealand:
h: Ministry of Agriculture and Forestry:
i: Ministry of Fisheries:
j: Ministry of Foreign Affairs and Trade:
k: New Zealand Customs Service:
l: New Zealand Defence Force:
m: New Zealand Police:
n: New Zealand Security Intelligence Service:
o: a government agency established in substitution for or set up to take over any function of a department or agency listed in paragraphs (a) to (n) residence class visa residence instructions section 22 resident responsible adult section 375 restricted temporary entry instructions review proceedings
a: by way of an application for review under the Judicial Review Procedure Act 2016
b: by way of an application for certiorari, mandamus, or prohibition; or
c: by way of an application for a declaratory judgment scheduled international service
a: performed by a craft for the transport of passengers, cargo, or mail between New Zealand and 1 or more points in any other country or territory, if the flights or voyages are so regular or frequent as to constitute a systematic service, whether or not in accordance with a published timetable; and
b: operated in such a manner that each flight or voyage is open to use by members of the public security
a: means—
i: the defence of New Zealand:
ii: the protection of New Zealand from acts of espionage, sabotage, and subversion, whether or not they are directed from or intended to be committed in New Zealand:
iii: the identification of foreign capabilities, intentions, or activities in or relating to New Zealand that affect adversely New Zealand’s international well-being, reputation, or economic well-being:
iv: the protection of New Zealand from activities in or relating to New Zealand that—
A: are influenced by any foreign organisation or any foreign person; and
B: are clandestine or deceptive, or threaten the safety of any person; and
C: affect adversely New Zealand’s international well-being, reputation, or economic well-being:
v: the prevention of any terrorist act and of any activity relating to the carrying out or facilitating of any terrorist act:
vi: the prevention, investigation, and detection of organised crime, including transnational organised crime; and
b: in an international security context, also includes the safety and stability of the international community, through co-operative measures such as international conventions and other arrangements or agreements between countries special adviser section 270 special advocate section 264 special direction section 378 stowaway study subsequent claim Part 5 Part 6A section 128 section 129B temporary entry class visa temporary entry instructions
a: means immigration instructions that relate to the grant of temporary entry class visas; and
b: includes restricted temporary entry instructions territorial sea of New Zealand section 3 transit instructions transit passenger transit period section 401(d) section 86A travelling to New Zealand Tribunal section 217 turnaround section 178(2) section 115 unlawfully in New Zealand section 9 visa
a: means an entry in the records of the Department—
i: made in accordance with section 62
ii: having the effect set out in section 43
b: includes—
i: any visa of a class specified in section 70
ii: any visa deemed to be, or treated as being, held under this Act visa waiver section 69 warrant of commitment
a: means a warrant of commitment issued under section 317 318 323
b: includes—
i: a mass arrival warrant issued under section 317B
ii: a further warrant of commitment issued under section 317E(1)﻿(a) work
a: means any activity undertaken for gain or reward; but
b: does not include an activity excluded, or excluded for a particular purpose, from this definition by immigration instructions. Section 4 address for service inserted 7 May 2015 section 4(8) Immigration Amendment Act 2015 Section 4 approved system replaced 28 September 2017 section 267(1) Intelligence and Security Act 2017 Section 4 arrival hall amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4 biometric information replaced 22 August 2017 section 30 Enhancing Identity Verification and Border Processes Legislation Act 2017 Section 4 chief executive replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 4 compulsory education replaced 1 August 2020 section 668 Education and Training Act 2020 Section 4 conservation inserted 1 July 2019 section 5(1) Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Section 4 contact address inserted 7 May 2015 section 4(8) Immigration Amendment Act 2015 Section 4 course of study replaced 1 August 2020 section 668 Education and Training Act 2020 Section 4 customs officer amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4 departure hall amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 4 deportation liability notice amended 7 May 2015 section 4(2) Immigration Amendment Act 2015 Section 4 deportation order replaced 24 October 2019 section 65 Statutes Amendment Act 2019 Section 4 education provider replaced 1 August 2020 section 668 Education and Training Act 2020 Section 4 education provider replaced 1 August 2020 section 668 Education and Training Act 2020 Section 4 government agency replaced 7 August 2020 section 135 Public Service Act 2020 Section 4 government agency replaced 28 September 2017 section 335 Intelligence and Security Act 2017 Section 4 international visitor conservation and tourism levy inserted 1 July 2019 section 5(1) Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Section 4 mass arrival group inserted 19 June 2013 section 4(1) Immigration Amendment Act 2013 Section 4 Minister amended 1 July 2019 section 5(2)﻿(a) Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Section 4 Minister amended 1 July 2019 section 5(2)﻿(b) Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Section 4 New Zealand amended 7 May 2015 section 4(4) Immigration Amendment Act 2015 Section 4 New Zealand address repealed 7 May 2015 section 4(7) Immigration Amendment Act 2015 Section 4 review proceedings amended 1 March 2017 section 24 Judicial Review Procedure Act 2016 Section 4 scheduled international service inserted 28 September 2017 section 267(2) Intelligence and Security Act 2017 Section 4 transit passenger inserted 6 November 2015 section 4(5) Immigration Amendment Act 2015 Section 4 transit period replaced 6 November 2015 section 4(6) Immigration Amendment Act 2015 Section 4 warrant of commitment replaced 19 June 2013 section 4(2) Immigration Amendment Act 2013
5: Notifications
1: Where this Act or regulations under this Act provide that any notice or other document must be served on or supplied to the Minister, it must be served or supplied in accordance with section 386(1)
2: Where this Act or regulations under this Act provide that any notice or other document must be served on or supplied to an immigration officer or a refugee and protection officer, it must be served or supplied in accordance with section 386(2)
3: Where this Act or any regulations under this Act provide that any notice or other document must be served on a person other than the Minister or a person referred to in subsection (2), the notice or other document must be served in accordance with section 386A(2)
4: Where this Act or any regulations under this Act provide that any notice or other document must be supplied, notified, or in any other way given to a person other than the Minister or a person referred to in subsection (2), the notice or other document must be given or sent to the person in accordance with section 386A(3)
5: Subsections (1) to (4) are subject to sections 386(8) 387B Section 5(3) replaced 7 May 2015 section 5 Immigration Amendment Act 2015 Section 5(4) replaced 7 May 2015 section 5 Immigration Amendment Act 2015 Section 5(5) inserted 7 May 2015 section 5 Immigration Amendment Act 2015
6: How periods of time to be calculated
1: A period of time prescribed in this Act for the making of an application under the Act must be calculated excluding any day that is—
a: a public holiday or a Department holiday determined by the chief executive; and
b: not a Saturday or Sunday.
2: A period of time prescribed in this Act for the lodging of an appeal to the Tribunal must be calculated excluding—
a: any day that is—
i: a public holiday or a Department holiday determined by the chief executive; and
ii: not a Saturday or Sunday; or
b: if the Department is not the department referred to in clause 5
i: any day in the period beginning on 25 December in a year and ending on 2 January in the following year; and
ii: if 1 January falls on a Friday, the following Monday; and
iii: if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday; and
iv: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday.
3: Subsections (1) and (2) do not apply for the purposes of calculating working days under section 194(2) 195(3) Section 6(2)﻿(b)﻿(iii) replaced 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 Section 6(2)﻿(b)﻿(iv) inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
7: Meaning of classified information and proceedings involving classified information
1: In this Act, classified information
a: the information is information of a kind specified in subsection (2); and
b: disclosure of the information would be disclosure of a kind specified in subsection (3).
2: Information falls within subsection (1)﻿(a) if it—
a: might lead to the identification, or provide details, of the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the relevant agency; or
b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the relevant agency; or
c: has been provided to the relevant agency by the government of another country, an agency of a government of another country, or an international organisation, and is information that cannot be disclosed by the relevant agency because the government, agency, or organisation from which the information has been provided will not consent to the disclosure.
3: Disclosure of information falls within subsection (1)﻿(b) if the disclosure would be likely—
a: to prejudice the security or defence of New Zealand or the international relations of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country, an agency of a government of another country, or an international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
d: to endanger the safety of any person.
4: In this Act, proceedings involving classified information
a: was relied on in making the decision appealed against or subject to review proceedings (including a decision of the Tribunal); or
b: is first raised or proposed to be raised in the course of an application to the Tribunal or on appeal or in review proceedings; or
c: is raised in an application under Part 9
5: A chief executive of a relevant agency must not delegate to any person the ability to certify information as classified information under subsection (1).
6: Subsection (5) does not limit clause 9 Section 7(6) amended 7 August 2020 section 135 Public Service Act 2020
8: Meaning of granting visa or entry permission as result of administrative error
1: In this Act, a visa is granted as a result of an administrative error if—
a: it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)﻿(b)
b: it is granted to an excluded person (unless section 17
c: the person granting it intended to grant a visa of a type other than the one that was actually granted; or
d: it is granted for a period exceeding the period specified in regulations or
e: it is granted on the basis of the person holding a visa that was granted as a result of an administrative error; or
f: it is granted in contravention of—
i: a special direction; or
ii: immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or
iii: an instruction of a kind referred to in section 378(7)
2: In this Act, entry permission is granted as a result of an administrative error if—
a: it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)﻿(b)
b: it is granted to an excluded person (unless section 17
c: it is granted in contravention of—
i: a special direction; or
ii: immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or
d: it is granted on the basis of, or in conjunction with,—
i: a visa that was itself granted on the basis of an administrative error; or
ii: a visa that was granted for a period exceeding the period specified in immigration instructions for a visa of that type (unless the Minister or an immigration officer deliberately and properly granted the visa as an exception to the immigration instructions); or
iii: a visa of a class or type other than that intended to be granted. 1987 No 74 ss 19(4) 32(4) Section 8(1)﻿(d) amended 7 May 2015 section 6 Immigration Amendment Act 2015
9: Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen)
1: In this Act, a person who is not a New Zealand citizen is unlawfully in New Zealand
a: is not the holder of a visa granted under this Act; or
b: has not been granted entry permission under this Act.
2: A person's status as being unlawfully in New Zealand is calculated—
a: as starting on the date the person arrived in New Zealand, if the person has never been lawfully in New Zealand since his or her arrival; or
b: as starting on the day after the date on which the person's visa expired or was cancelled without another visa being granted; or
ba: as starting on the day after the date on which a permit granted to the person under the former Act expired or was revoked without another permit being granted under that Act; or
c: in accordance with sections 373 374
i: the person was born in New Zealand on or after 1 January 2006; and
ii: he or she is not a New Zealand citizen. Section 9(2)﻿(ba) inserted 7 May 2015 section 7 Immigration Amendment Act 2015
9A: Meaning of mass arrival group
1: In this Act, mass arrival group section 115(1)
a: on board the same craft; or
b: on board the same group of craft at the same time; or
c: on board the same group of craft and within such a time period or in such circumstances that each person arrived, or intended to arrive, in New Zealand as part of the group.
2: In subsection (1), craft Section 9A inserted 19 June 2013 section 5 Immigration Amendment Act 2013 Section 9A(2) amended 28 September 2017 section 268 Intelligence and Security Act 2017
10: Meaning of deported
1: For the purposes of this Act, a person is deported from a country if the person leaves the country (whether or not at the expense of the government of the country) and an order for the person's departure made by the government of the country, an authorised official of the country, or a judicial authority in the country, is in force.
2: For the purposes of this Act, a person is not deported from a country merely because the person is surrendered to another country in accordance with a request for the extradition of the person to that country.
3: For the purposes of this Act, a person is deported from New Zealand if—
a: the person leaves New Zealand (whether or not at the expense of the Government of New Zealand)—
i: on or after the date on which a deportation order may be served on the person under section 175A
ii: after a deportation order has been served on the person; or
iii: while he or she is subject to a prohibition on entry to New Zealand under section 179 180
b: the person is served with a deportation order when he or she is outside New Zealand; or
c: the person was deported from New Zealand under the former Act. Section 10(3)﻿(a)﻿(i) amended 7 May 2015 section 8 Immigration Amendment Act 2015
11: Meaning of absolute discretion of the decision maker
1: If a provision of this Act provides that a matter or decision is in the absolute discretion
a: the matter or decision may not be applied for; and
b: if a person purports to apply for the matter or decision, there is no obligation on the decision maker to—
i: consider the purported application; or
ii: inquire into the circumstances of the person or any other person; or
iii: make any further inquiries in respect of any information provided by, or in respect of, the person or any other person; and
c: whether the purported application is considered or not,—
i: the decision maker is not obliged to give reasons for any decision relating to the purported application, other than the reason that this section applies; and
ia: privacy principle 6 (which relates to access to personal information and is set out in section 22
ii: section 27 section 23
2: Subsection (1)﻿(c)﻿(ia) applies to any decision made in relation to a purported application, whether the decision was made before or after the commencement of that subsection. 1987 No 74 ss 7(4) 12(4) 17(2) 25(3) 34B(3) 35A(2) 58(5) 130(6) Section 11(1)﻿(c)﻿(ia) inserted 7 May 2015 section 9(1) Immigration Amendment Act 2015 Section 11(1)﻿(c)﻿(ia) amended 1 December 2020 section 217 Privacy Act 2020 Section 11(2) inserted 7 May 2015 section 9(2) Immigration Amendment Act 2015
11A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA Section 11A inserted 16 May 2020 section 4 Immigration (COVID-19 Response) Amendment Act 2020
12: Act binds the Crown
This Act binds the Crown.
2: Core provisions and matters in relation to decision making
Eligibility to be in or enter New Zealand
13: New Zealand citizens may enter and be in New Zealand at any time
1: For the purposes of this Act, every New Zealand citizen has, by virtue of his or her citizenship, the right to enter and be in New Zealand at any time.
2: However, to establish his or her right to enter New Zealand, a New Zealand citizen must prove his or her citizenship and establish his or her identity by complying with border requirements.
3: Nothing in this Act (other than subsection (2)) abrogates the right declared in subsection (1), and—
a: no provision of this Act that is inconsistent with that right applies to a New Zealand citizen; and
b: no New Zealand citizen is liable under this Act to deportation from New Zealand in any circumstances.
4: Without limiting subsection (3), no New Zealand citizen—
a: requires a visa or entry permission; or
b: may hold a visa, or be granted entry permission, except a New Zealand citizen who—
i: is a national of 1 or more other countries; and
ii: wishes to enter New Zealand other than as a New Zealand citizen; and
iii: has not been granted New Zealand citizenship, been registered as a New Zealand citizen by descent under section 7(2) section 21 1987 No 74 s 3
14: Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand
1: A person who is not a New Zealand citizen may—
a: travel to New Zealand only if the person—
i: is the holder of a visa granted under this Act and the travel is consistent with the conditions of the visa; or
ii: is a person to whom a visa waiver applies (whether authorised by regulation or special direction); and
b: enter and be in New Zealand only if the person is the holder of a visa granted under this Act and he or she has been granted entry permission.
2: To avoid doubt, the fact that an application for a visa has been made by or for any person who is onshore does not—
a: render the person’s presence in New Zealand lawful; or
b: give the person a right to remain in New Zealand while the application is considered; or
c: give the person a right to apply for or be granted any other visa pending determination of the application; or
d: inhibit any deportation procedures under this Act that may apply to the person.
3: This Act applies subject to—
a: sections 90 to 96
b: sections 150 to 155 1987 No 74 s 4 Excluded persons
15: Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand
1: No visa or entry permission may be granted, and no visa waiver may apply, to any person—
a: who, at any time (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more; or
b: who, at any time in the preceding 10 years (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or
c: who is subject to a period of prohibition on entry to New Zealand under section 179 or 180
d: who at any time (whether before or after the commencement of this section) has been removed or deported from New Zealand under any enactment; or
e: who is excluded from New Zealand under any enactment; or
f: who has, at any time, been removed, excluded, or deported from another country.
2: Paragraphs (a) and (b) of subsection (1) apply—
a: whether the sentence is of immediate effect or is deferred or is suspended in whole or in part:
b: where a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the offender had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences:
c: where a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.
3: Subsection (1)﻿(d) does not apply to a person who—
a: has been deported from New Zealand under section 158 of the Shipping and Seamen Act 1952
b: was subject to a removal order under section 54
c: was deported under this Act but is not, or is no longer, subject to a period of prohibition on entry under section 179 180
d: has been deported from New Zealand under section 20 of the Immigration Act 1964 on the grounds of being convicted of an offence against section 14(5) or 15(5) of that Act.
4: This section is subject to section 17 1987 No 74 s 7(1)﻿(a)–(d), (2) Section 15(3)﻿(c) replaced 7 May 2015 section 10 Immigration Amendment Act 2015
16: Certain other persons not eligible for visa or entry permission
1: No visa or entry permission may be granted, and no visa waiver may apply, to any person who—
a: the Minister has reason to believe—
i: is likely to commit an offence in New Zealand that is punishable by imprisonment; or
ii: is, or is likely to be, a threat or risk to security; or
iii: is, or is likely to be, a threat or risk to public order; or
iv: is, or is likely to be, a threat or risk to the public interest; or
b: is a member of a terrorist entity designated under the Terrorism Suppression Act 2002
2: This section is subject to section 17 1987 No 74 s 7(1)﻿(e)–(i)
17: Exceptions to non-eligibility for visa or entry permission
1: Despite sections 15 16
a: in accordance with a special direction; or
b: in accordance with section 83
2: Despite sections 15 16
a: entry permission must be granted to—
i: the holder of a permanent resident visa; and
ii: the holder of a resident visa granted in New Zealand; and
iii: the holder of a resident visa arriving in New Zealand for a second or subsequent time as the holder of the visa:
b: a visa and entry permission must be granted to a person who is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 section 10D(2)﻿(d) Consular Privileges and Immunities Act 1971
3: A decision to grant a visa and entry permission under subsection (1) is in the absolute discretion of the decision maker. 1987 No 74 ss 7(3), (4) 11(1)﻿(a) Persons unlawfully in New Zealand
18: Obligation of persons unlawfully in New Zealand to leave New Zealand
1: A person who is unlawfully in New Zealand has an obligation to leave New Zealand.
2: The obligation under subsection (1) arises whether or not the person is aware of the obligation, or of the implications of not meeting it, and—
a: that obligation, and any liability of the person to deportation or other action under this Act, is not affected by any failure or alleged failure of the chief executive to communicate the obligation and related implications under section 19
b: nothing in paragraph (a) prevents any action from being brought in respect of such a failure or alleged failure in proceedings that are not directed towards preventing the deportation of any person. 1987 No 74 s 45
19: Duty of chief executive to communicate obligation to leave New Zealand
1: The chief executive must communicate to persons who are seeking visas to come to New Zealand or visas to be in New Zealand—
a: the obligation to leave New Zealand created by section 18
b: that a person who fails to meet that obligation is liable for deportation.
2: Without limiting the means by which the chief executive may communicate those matters, he or she must provide the relevant information required by subsection (1)—
a: at offices where visas are granted, by way of notices that can be readily seen by persons to whom it is likely to be of relevance:
b: on application forms for visas:
c: in immigration control areas, by way of notices that can be readily seen by all arriving temporary
d: on informational material provided by the Department to persons who are interested in coming to New Zealand.
3: The chief executive may communicate the information in 1 or more languages as he or she thinks fit.
4: Any temporary entry class visa granted to any person that is evidenced by an endorsement in the holder’s passport or certificate of identity must contain words to the effect that the person must leave New Zealand before expiry of the visa, or face deportation. 1987 No 74 s 46 Section 19(2)﻿(c) amended 7 May 2015 section 11 Immigration Amendment Act 2015
20: No right for person unlawfully in New Zealand to apply for visa
No person who is unlawfully in New Zealand may apply for a visa and, where any such person purports to apply for a visa, it is a matter for the absolute discretion of the Minister. 1987 No 74 ss 17(2) 25(3)
21: No right for person unlawfully in New Zealand to work or study
A person who is unlawfully in New Zealand may not—
a: work in New Zealand or in the exclusive economic zone of New Zealand; or
b: study in New Zealand, except in compulsory education (but subject to the Education and Training Act 2020 Section 21(b) amended 1 August 2020 section 668 Education and Training Act 2020 Immigration instructions
22: Immigration instructions
1: The Minister may certify immigration instructions relating to—
a: residence class visas, temporary entry class visas, and transit visas:
b: entry permission:
c: conditions relating to resident visas, temporary entry class visas, and transit visas, including, without limitation, conditions relating to—
i: travel to New Zealand:
ii: the holder’s ability to work or study in New Zealand or in the exclusive economic zone of New Zealand:
d: the periods for which each type of temporary entry class visa may be granted:
e: the types of temporary visas that may be granted, and the name and description of each type.
2: Immigration instructions take effect from—
a: the date they are certified; or
b: a date specified in the instructions as being the date on which they come into effect, which must not be earlier than the date they are certified.
3: Applications for temporary entry class visas or transit visas that are made before any relevant immigration instructions take effect may be determined in accordance with those immigration instructions when those instructions take effect.
4: Subsection (3) does not apply to applications for temporary entry class visas subject to restricted temporary entry instructions.
5: The kinds of matters that may constitute immigration instructions for the purposes of this Act are as follows:
a: any general or specific objectives of immigration policy:
b: any rules or criteria for determining the eligibility of a person for the grant of a visa of any class or type, or for entry permission, being rules or criteria relating to the circumstances of that person or of any other person (a third party
c: any indicators, attributes, or other relevant information or matters that may or must be taken into account in assessing a person’s eligibility for a visa or entry permission:
d: any statement of, or rules or criteria or process for determining, the number or categories or ranking of persons or classes of persons whose applications for visas of any class or type or entry permission may be granted at any particular time or over any particular period:
e: any rules or criteria for the lapsing of applications in respect of which no decision to grant a visa has been made:
f: any matters relevant to balancing individual eligibility for a visa or entry permission against the overall objectives or requirements of immigration instructions:
g: any requirements relating to documentation, consultation, or other evidence or information required to assess a person’s eligibility for a visa or entry permission:
h: any statement of the conditions or types of conditions that may be imposed upon a visa of any particular class or type, and the circumstances in which or classes of persons in relation to whom the conditions may be imposed:
i: the nature and extent of the discretion that immigration officers may exercise in making a decision on any visa.
6: Without limiting subsection (5), any rules or criteria relating to eligibility for a visa or entry permission—
a: may include matters relating to—
i: health:
ii: character:
iii: the immigration status of applicants for visas (whether currently or at any time in the past):
iv: sponsorship:
v: the provision of bonds:
b: may, in respect of any 1 or more specified classes or categories of person who wish to apply for a visa,—
i: include a requirement that persons of that class or category may apply for a visa only if invited to do so by the Minister or an immigration officer:
ii: stipulate any period for which an expression of interest under section 92
iii: set or indicate rules, criteria, or other relevant matters of the kinds specified in subsection (5)﻿(a) to (g) that will or may apply for the purpose of determining whether an invitation to apply for a visa should be granted to any such person:
iv: stipulate any time frame, or any method for determining the time frame, within which the relevant application must be made following the issue of an invitation to apply for a visa.
7: Any conditions referred to in subsection (5)﻿(h) that relate to resident visas (other than conditions relating to travel) must specify the maximum period, not exceeding 5 years, for which they may be imposed.
8: Immigration instructions certified by the Minister under subsection (1) are statements of Government policy. 1987 No 74 s 13B Section 22(5)﻿(b) amended 7 May 2015 section 12 Immigration Amendment Act 2015 Section 22(8) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
23: Immigration instructions classified as residence instructions, temporary entry instructions, or transit instructions
1: The Minister must classify immigration instructions as—
a: residence instructions; or
b: temporary entry instructions (and, if appropriate, as restricted temporary entry instructions); or
c: transit instructions.
2: To avoid doubt, any temporary entry instructions are not residence instructions, regardless of whether the granting of a visa or entry permission under those instructions may affect eligibility for, or otherwise relate to, the grant of a residence class visa.
24: Immigration instructions for lapsing of applications for visas
1: The Minister may certify in accordance with section 22
a: within any stipulated period or by any stipulated date; or
b: by the date on which any relevant quota or limit set under immigration instructions for any particular period is reached; or
c: by any other date on which some other specified event occurs or, as the case may be, has not occurred.
2: Rules and criteria set under this section—
a: may differ for different classes or categories of applications:
b: may specify any stage of processing of an application that must be reached within any stipulated period or by any stipulated date if the application is not to lapse.
3: The question whether an application meets any rules or criteria for lapsing set under this section is a matter for the discretion of the Minister or an immigration officer, and—
a: no appeal lies against the decision of the Minister or the officer concerned, or the lapsing of the application, whether to the Minister, the Tribunal, a court, or otherwise; and
b: no review proceedings may be brought in any court in respect of—
i: the lapsing of an application for a visa under rules or criteria set under this section; or
ii: the lapsing of an expression of interest in obtaining an invitation to apply for a visa.
4: Any decision that an application for a residence class visa, or a temporary entry class visa of a type subject to restricted temporary entry instructions, will lapse must be made in accordance with the rules and criteria applicable at the time the application was made.
5: If an application lapses, no further processing or decision in respect of that application is required.
6: If an application lapses in accordance with rules and criteria set under this section, the chief executive must refund any application fee paid in respect of the application to the person who paid it, or a person authorised by that person to receive it.
7: Nothing in this Act or in any other law or enactment entitles a person whose application has lapsed to recover from the Minister or the Department or any immigration officer any costs associated with the application, or any costs, damages, or compensation associated with the lapsing of the application, other than the application fee refundable under subsection (6).
8: In this section (except subsections (6) and (7)), application section 92 1987 no 74 s 13BB
25: Publication of immigration instructions
1: The chief executive must publish immigration instructions.
2: The chief executive must ensure that copies of immigration instructions are available or readily obtainable for inspection, free of charge, at—
a: offices of the Department; and
b: New Zealand government offices overseas that deal with immigration matters.
3: Nothing in subsection (2) requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982 1987 No 74 s 13A Processing claims and applications for visas and entry permission
26: How claims and applications for visas and entry permission processed
1: The order and manner of processing any application for a visa or entry permission is a matter for the discretion of the Minister or an immigration officer.
2: Subsection (1) applies unless immigration instructions that particularly relate to the order or manner of processing applications for residence class visas, temporary entry class visas, or transit visas require otherwise.
3: The order and manner of processing any claim is a matter for the discretion of a refugee and protection officer.
3A: Subsection (3) applies unless regulations made under section 400
4: However, the chief executive may give general instructions to immigration officers and refugee and protection officers on the order and manner of processing any application or claim, or specified classes of application or claim, and, if so, an immigration officer or a refugee and protection officer must process an application or claim in accordance with those instructions.
5: In giving any instructions, the chief executive may have regard to such matters as the chief executive thinks fit.
6: General instructions may apply to any or all applications or claims regardless of the fact that—
a: the general instructions may be different from those existing at the time that the applications or claims were made; or
b: the general instructions may result in applications or claims being processed in a different order or manner than would otherwise have occurred.
7: The question whether an application or claim is processed in an order and manner consistent with any general instructions is a matter for the discretion of the immigration officer or refugee and protection officer concerned, and—
a: no appeal lies against his or her decision, whether to the Minister, the Tribunal, a court, or otherwise; and
b: no review proceedings may be brought in any court in respect of—
i: any general instructions; or
ii: the application of any general instructions; or
iii: any failure by the Minister or an immigration officer to process, or to continue to process, an application; or
iv: any decision by the Minister or an immigration officer to process (including a decision to continue to process), or any decision not to process (including a decision not to continue to process), an application.
8: The chief executive may make arrangements for providing assistance to the Minister, immigration officers, and refugee and protection officers in processing applications and claims.
9: To avoid doubt, general instructions given under this section—
a: are matters of rules and practice of the Department; and
b: are not immigration instructions.
10: To avoid doubt, nothing in this Act, or in any other law or enactment, requires an immigration officer or a refugee and protection officer to process an application or claim in any particular order or manner unless required to do so by—
a: general instructions given under this section; or
b: immigration instructions that particularly relate to the order or manner of processing applications for residence class visas, temporary entry class visas, or transit visas ; or
c: regulations made under section 400 1987 No 74 s 13BA Section 26(3A) inserted 19 June 2013 section 6(1) Immigration Amendment Act 2013 Section 26(10)﻿(b) amended 19 June 2013 section 6(2) Immigration Amendment Act 2013 Section 26(10)﻿(c) inserted 19 June 2013 section 6(3) Immigration Amendment Act 2013 Reasons for decisions
27: Reasons for decisions must be given if visa or entry permission refused to certain persons
1: Except as otherwise provided in this Act, where a person who applied for a visa or entry permission onshore or in an immigration control area so requests, an immigration officer (or, where the decision is the Minister’s, the Minister) must give the reasons for any decision to—
a: refuse to grant a visa to the person; or
b: refuse to grant to the person a visa of a particular type; or
c: refuse to grant entry permission to the person.
2: The reasons must—
a: be given in writing; and
b: contain the information required under section 23
3: Subsection (1) is subject to section 40(3)﻿(e) and (f) 1987 No 74 s 36 Automated decision making and biometric information
28: Automated decision making in relation to visas, etc
1: An automated electronic system that applies criteria predetermined in accordance with immigration instructions may be used by the Department to—
a: rank an expression of interest:
b: process, grant, or refuse to grant an invitation to apply for a visa:
c: process an application for, grant (with or without conditions), or refuse to grant a visa:
d: process an application for, grant, or refuse to grant entry permission.
2: An automated electronic system may be used by the Department to process an application for, grant (with or without conditions), or refuse to grant an interim visa.
3: Conditions imposed on visas granted by an automated electronic system may only be conditions that are specified in immigration instructions for a visa of the relevant class or type.
4: However, nothing in this section prevents an immigration officer or the Minister from imposing further conditions, or varying or cancelling conditions under sections 50 to 55
5: Where a decision to grant or refuse to grant a visa or entry permission, or to issue or refuse to issue an invitation to apply for a visa, is made by way of an automated electronic system, that decision must for all purposes be treated as a decision of an immigration officer who is authorised to make the decision under this Act.
6: An automated electronic system may be used by the Department to process, accept, or refuse a request by a person seeking to rely on a visa waiver.
7: Where a decision to accept or refuse a request is made under subsection (6) Section 28(6) inserted 1 July 2019 section 6 Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Section 28(7) inserted 1 July 2019 section 6 Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019
29: Automated decision making in advance passenger processing
The chief executive may make a decision under section 97(1) or 97A(1) Section 29 amended 28 September 2017 section 269 Intelligence and Security Act 2017
29A: Use of automated system to confirm New Zealand citizenship
1: An automated electronic system that applies criteria predetermined by the chief executive may be used, for the purposes of this Act, to confirm a person's status as a New Zealand citizen.
2: The automated electronic system may be used to confirm a person's status as a New Zealand citizen only if there is available at least 1 other way of confirming the person's status, and that other way involves confirmation by a person.
3: A determination made using an automated electronic system must for all purposes be treated as a determination made by a person who is authorised to make the determination under this Act. Section 29A inserted 7 May 2015 section 13 Immigration Amendment Act 2015
30: Use of biometric information in decision making
Biometric information required from persons in accordance with this Act may be used to—
a: establish a record of a person’s identity; or
b: establish or verify a person’s identity; or
c: assist in decision making under this Act.
31: Collection and storage of biometric information
1: Biometric information collected under this Act may be collected, using an automated system or otherwise, by—
a: an immigration officer or a refugee and protection officer; or
b: an agent or person on behalf of an immigration officer or a refugee and protection officer.
2: Biometric information must be dealt with in accordance with the Privacy Act 2020
3: Subsection (2) is for the avoidance of doubt. Section 31(2) amended 1 December 2020 section 217 Privacy Act 2020
32: Department to undertake privacy impact assessment
1: The Department must complete a privacy impact assessment in respect of the collection and handling of biometric information under this Act to—
a: identify the potential effects that the Act may have on personal privacy; and
b: examine how any detrimental effects on privacy might be lessened.
2: The Department must consult the Privacy Commissioner—
a: on the terms of reference developed for the assessment; and
b: when completing the assessment.
3: The Department must review its privacy impact assessment if changes are made to this Act, regulations made under it, or operational policy in respect of the collection or handling of biometric information and, if the review establishes that new or increased privacy impacts have resulted from the changes, must—
a: amend or replace the privacy impact assessment; and
b: consult the Privacy Commissioner on the amended or replacement assessment.
4: The Department must ensure the current privacy impact assessment is—
a: available on the Department's Internet site; and
b: available or readily obtainable for inspection, free of charge, at—
i: offices of the Department; and
ii: New Zealand government offices overseas that deal with immigration matters.
5: Nothing in subsection (4) requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982 Reliance on classified information in decision making
33: Classified information relating to security or criminal conduct may be relied on in decision making
1: Classified information may be relied on in making decisions or determining proceedings under this Act if the Minister determines that the classified information relates to matters of security or criminal conduct.
2: If subsection (1) applies, the Minister may—
a: rely on the information to make a decision under Part 3 4 6
b: direct that the information be provided to a refugee and protection officer (who has been authorised by the chief executive to make decisions under Part 5
i: a decision under Part 5
ii: an application to the Tribunal under that Part; or
c: refer the information to the Tribunal or a court, as the case may be, if the information is first to be relied on—
i: in an appeal to the Tribunal or the court; or
ii: in an application to the Tribunal; or
iii: in review proceedings; or
d: refer the information to the chief executive so that he or she may make an application for a warrant of commitment, or an application or a response to an application for review or release, in accordance with section 325
3: Sections 34 to 42
4: Sections 240 to 244 252 to 270
34: Minister may receive briefing
1: Where classified information may be relevant to a decision under this Act,—
a: the Minister may request an oral or a written briefing from the chief executive of the relevant agency; and
b: the Minister may seek the assistance of such security-cleared assistants as he or she thinks fit; and
c: the content of the briefing is to be determined by the chief executive of the relevant agency.
2: No person may be called to give evidence in any court or tribunal in relation to the content of the briefing or anything coming to his or her knowledge as a result of the briefing (including any record of an oral briefing), except as provided in sections 241(1) 259(1)
35: Protection of classified information
1: Classified information relied on for the purpose of making any decision or determining any proceedings under this Act must be kept confidential and must not be disclosed, except as provided in sections 241(1) 259(1) 267(4) 269(4) 270(3)
2: Subsection (1)—
a: does not limit or affect the application of the Ombudsmen Act 1975 Official Information Act 1982 Privacy Act 2020
b: otherwise applies despite any other enactment or rule of law to the contrary.
3: Neither the Tribunal nor any court may require or compel the chief executive of the relevant agency, the Minister, or any other person to disclose any classified information in any proceedings under this Act (but without derogating from sections 241(1) 259(1) Section 35(2)﻿(a) amended 1 December 2020 section 217 Privacy Act 2020
36: Classified information must be balanced
1: The chief executive of a relevant agency who provides classified information to the Minister under this Act must ensure that—
a: the information is provided in a manner that does not, by reason of the omission of any other relevant classified or non-classified information, give a misleading view of the information supplied; and
b: any classified or non-classified information that is favourable to the person subject to the decision or proceedings is also provided; and
c: any further classified information that becomes available and that is relevant to the decision or proceedings is provided.
2: The obligation to provide further information ceases on the date—
a: the decision concerned is made:
b: a decision on the proceedings concerned is made.
37: Withdrawal or updating of classified information
1: The chief executive of the relevant agency may at any time withdraw, update, or add to all or any part of any classified information provided to the Minister under this Act.
2: If the classified information is updated or added to, the Minister must make a further determination under section 33(1)
3: If the Minister determines that the information may be—
a: relied on before the Minister makes a decision under Part 3 4 6
b: relied on before a refugee and protection officer makes a decision under Part 5
c: raised in proceedings involving classified information,—
i: the Tribunal or court must treat the new or updated information in the same way as classified information originally provided to it under section 241(1) 259(1)
ii: the Tribunal must determine in relation to the new or updated information the matters set out in section 243(1)﻿(a), (b), and (c)
4: If the chief executive of the relevant agency withdraws any classified information,—
a: the classified information must be kept confidential and must not be disclosed by the decision maker, the Tribunal, or the court (as the case may be); and
b: the decision maker, the Tribunal, or the court must continue to make the decision or determine the proceedings—
i: without regard to that classified information (but subject to section 243(2)
ii: in the case of an appeal, a matter, or review proceedings, as if that information had not been available in making the decision subject to the appeal, matter, or review proceedings.
5: The chief executive of the relevant agency may at any time direct any person to return classified information to the relevant agency.
38: Summary of allegations to be developed
1: This section and section 39 relevant decision
a: an application for a visa, if the application is for—
i: a residence class visa; or
ii: a temporary visa or a limited visa, and the applicant is onshore; or
b: a person’s liability for deportation; or
c: any matter to which Part 5
2: Before a relevant decision is made that relies on any classified information that is or may be prejudicial to the person who is the subject of the proposed decision,—
a: the chief executive of the relevant agency and the Minister or the refugee and protection officer concerned, as the case may be, must agree a summary of the allegations arising from the classified information; and
b: the Minister or the refugee and protection officer must forward the summary to the person who is the subject of the proposed decision for comment, and specify a time by which any comment may be provided.
3: For the purposes of making a relevant decision, the classified information may be relied on only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 7(3)
4: Nothing in subsection (2) requires the summary to—
a: list any documents or other source material containing classified information; or
b: detail the contents of any documents or other source material containing classified information; or
c: specify the source of any documents or other source material containing classified information.
5: A summary under this section must be updated, and the person affected provided with an updated summary, where—
a: any classified information that was proposed to be relied on in making the decision is withdrawn (unless all of the classified information is withdrawn); or
b: the chief executive of the relevant agency adds to or updates the classified information that will be relied on in making the decision.
6: An updated summary must be prepared in the same way as if it were a summary prepared under subsection (2)﻿(a).
39: Reasons, etc, to be given where prejudicial decision made using classified information
1: Where a decision of a kind referred to in section 38(1) section 40
a: the fact that classified information was relied on in making the decision; and
b: the reasons for the decision (except to the extent that providing reasons would involve a disclosure of classified information that would be likely to prejudice the interests referred to in section 7(3)
c: the appeal rights, if any, available in respect of the decision; and
d: if appeal rights are available, the right to be represented by a special advocate.
2: Reasons must—
a: be given in writing; and
b: contain the information required under section 23
3: The Minister or a refugee and protection officer, as the case may be, must also prepare a record of the reasons for the decision, including any reasons arising from the classified information, which may not be accessed or disclosed except in accordance with section 241(1) 259(1) 267(4)
40: Where classified information may be relied on without requirement for summary or reasons
1: Subsection (2) applies to the Minister if—
a: he or she is making a decision under this Act relying on classified information; and
b: the decision is not a decision of a kind referred to in section 38(1)
2: The Minister is not required to—
a: provide potentially prejudicial information based on classified information to the person concerned for comment; or
b: give reasons for the decision, and section 23 section 27
3: Nothing in section 38 39
a: if the decision concerned is in the absolute discretion of the decision maker; or
b: in relation to expressions of interest or invitations to apply for a visa; or
c: to applicants for transit visas; or
d: to applicants for temporary entry class visas who are outside New Zealand; or
e: in relation to applications for visas made in an immigration control area or in a place designated by the chief executive under section 383
f: in relation to applications for entry permission.
41: Declassification of classified information
1: Subsection (2) applies to classified information if—
a: it is relied on, or may be relied on, to make a decision or determine proceedings under this Act; and
b: during the process of making the decision or determining the proceedings, the information is declassified.
2: As from the date of declassification, the information is no longer subject to any of the confidentiality, process, or other requirements of this Act that apply to classified information or the users of the information.
3: For the purposes of this section, information is declassified when the chief executive of the relevant agency certifies in writing that, as from a specified date, the classified information concerned is no longer classified information within the meaning of section 7
42: No right of complaint to Inspector-General of Intelligence and Security
No complaint may be made to the Inspector-General of Intelligence and Security about any situation or set of circumstances relating to an act, omission, practice, policy, or procedure done, omitted, or maintained (as the case may be) in connection with a decision under this Act involving classified information (including a determination in proceedings involving classified information).
3: Visas
1: Visas generally
43: Effect of visa
1: A visa (other than a transit visa) granted outside New Zealand indicates that—
a: the holder of the visa has permission to—
i: travel to New Zealand in accordance with the conditions of the visa (if any); and
ii: apply for entry permission; and
b: at the time the visa is granted, there is no reason to believe that the holder will be refused entry permission if the holder's travel is consistent with the conditions of the visa relating to travel; and
c: if the holder is granted entry permission, the holder has permission to stay in New Zealand in accordance with the conditions of the visa (if any).
2: A visa granted in an immigration control area indicates that the holder of the visa,—
a: if granted entry permission, has permission to stay in New Zealand in accordance with the conditions of the visa (if any); and
b: has permission to travel to New Zealand subsequently and apply for entry permission in accordance with the conditions of the visa (if any).
3: A visa granted onshore indicates that the holder of the visa—
a: has permission to stay in New Zealand in accordance with the conditions of the visa (if any); and
b: has permission to travel to New Zealand subsequently and apply for entry permission in accordance with the conditions of the visa (if any).
4: A transit visa indicates that the holder of the visa has permission to travel to New Zealand, and to remain, for no longer than the transit period,—
a: on the craft concerned; or
b: in an immigration control area; or
c: in the custody of the Police.
44: Person may hold only 1 current visa
At any one time, a person may hold only 1 current visa.
45: Grant of visa generally matter of discretion
1: No person is entitled to a visa as of right.
2: In determining a visa application, the Minister or, subject to any special direction, an immigration officer, in his or her discretion,—
a: may grant or refuse to grant a visa; and
b: regardless of the class and type of visa that was applied for, may grant a visa of any class and type; and
c: may impose conditions on the visa granted, or vary or waive conditions that would otherwise apply to it.
3: This section applies unless any provision in this Act expressly provides otherwise. 1987 No 74 ss 8–10 35
46: Grant of visa does not guarantee entry permission
1: The granting of a visa does not of itself entitle the holder to be granted entry permission.
2: Subsection (1) applies except if the visa granted is—
a: a permanent resident visa; or
b: a resident visa, and the visa was granted in New Zealand.
47: Grant of visa may be conditional on payment of bond
1: Before granting a visa to an applicant, the Minister or an immigration officer may require that a bond be paid in accordance with section 396
2: A bond required under subsection (1) may be—
a: forfeited under section 397(1)
b: refunded in whole or in part under section 397
3: The fact that a bond is forfeited under section 397(1) sections 49 to 55
48: Grant of visa may be conditional on sponsorship
1: Before a visa is granted to an applicant, the applicant may be required to supply a written undertaking, in a form approved by the chief executive, by a person (the sponsor
2: The requirement to supply a written undertaking may be imposed by—
a: immigration instructions, in relation to any class or type of visa; or
b: the Minister or an immigration officer, in relation to any particular visa.
3: Without limiting subsection (1),—
a: the specified matter or matters in respect of the undertaking may relate to—
i: employment of the applicant and any dependants of the applicant:
ii: accommodation of the applicant and any dependants of the applicant:
iii: maintenance (including the cost of any publicly funded services or benefits) of the applicant and any dependants of the applicant:
iv: costs of repatriation or deportation of the applicant and any dependants of the applicant:
b: an undertaking may relate to the sponsor—
i: providing any matter directly; or
ii: paying the costs of any matter, if the matter is provided by another person.
4: A sponsor must be—
a: a New Zealand citizen, permanent resident, or resident; or
b: an organisation that is registered in New Zealand as a company, an incorporated society, or a charitable trust; or
c: a government agency.
5: A sponsor who is not a natural person must nominate an individual as the authorised contact for the purposes of the sponsorship.
6: A sponsor must also be acceptable to the Minister or the immigration officer, or meet any other criteria required by the relevant immigration instructions, or both, as the case may be.
7: It is a matter for the absolute discretion of the Minister or the immigration officer whether a person is acceptable as a sponsor, and no appeal lies against his or her decision, whether to any court, the Tribunal, the Minister, or otherwise. Visa conditions
49: Visas may be subject to conditions
1: Every visa other than a permanent resident visa is subject to such conditions (if any) as may be,—
a: in the case of resident visas, specified in residence instructions relating to visas of that type, being the instructions applicable at the time the application for the visa was made:
b: in the case of temporary entry class visas other than visas subject to restricted temporary entry instructions, specified in temporary entry instructions relating to visas of that class or a type of visa within that class, being instructions applicable at the time the visa was granted:
c: in the case of temporary entry class visas subject to restricted temporary entry instructions, specified in temporary entry instructions applicable at the time the application for the visa was made:
d: in the case of transit visas, specified in transit instructions applicable at the time the visa was granted:
e: imposed by the Minister or an immigration officer under section 50 51 52 53 or 54
ea: imposed by section 55
f: imposed by or under any other Act.
2: The conditions of a visa relating to travel may—
a: give permission to travel to New Zealand on a single journey, multiple journeys, or a set number of journeys; or
b: give permission to travel to New Zealand for or within a specified time period; or
c: expressly not authorise any further travel to New Zealand. Section 49(1)﻿(e) amended 7 May 2015 section 14(1) Immigration Amendment Act 2015 Section 49(1)﻿(ea) inserted 7 May 2015 section 14(2) Immigration Amendment Act 2015
50: Conditions on resident visas
1: On granting a resident visa as an exception to residence instructions, the Minister may—
a: impose conditions in addition to those specified in the applicable residence instructions (if any):
b: vary or waive conditions that would otherwise apply to a visa of that type.
2: Following the grant of a resident visa, the Minister may, by special direction,—
a: impose further conditions whether or not the conditions are specified in the applicable residence instructions (if any):
b: vary or cancel conditions that would otherwise apply to the visa or were imposed under subsection (1).
3: The Minister may also do 1 or more of the things in subsection (2) by agreement with the visa holder.
4: A condition imposed, varied, waived, or cancelled under this section—
a: must be notified to the visa holder by the Minister or an immigration officer; and
b: takes effect—
i: from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or
ii: from the date specified in the notice (being a date not earlier than the date of notification), in any other case.
4A:
4B:
4C:
4D:
4E:
5: To avoid doubt,—
a: subsection (2) applies whether the resident visa was granted as an exception to residence instructions or otherwise:
b: nothing in this section allows the Minister to impose conditions on a permanent resident visa, whether at the time of or subsequent to granting the visa. 2023-05-16 Immigration Act 2009 Section 50(4A) to (4E) are repealed at the close of 15 May 2023. Section 50(4A) repealed close of 15 May 2023 Section 50(4B) repealed close of 15 May 2023 Section 50(4C) repealed close of 15 May 2023 Section 50(4D) repealed close of 15 May 2023 Section 50(4E) repealed close of 15 May 2023
51: Resident visa holder may apply for variation of travel conditions
1: A resident visa holder may apply, in the prescribed manner, for a variation of the conditions of his or her visa relating to travel to New Zealand.
2: An immigration officer must determine the application in accordance with the residence instructions applicable at the time the application for the variation was made.
3: However, the Minister may vary conditions of a visa under this section by special direction, as an exception to residence instructions.
52: Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions)
1: On granting a temporary entry class visa, the Minister or an immigration officer may—
a: impose conditions in addition to those specified in temporary entry instructions in relation to a visa of that class or type:
b: vary or waive conditions that would otherwise apply to a visa of that class or type.
2: Following the grant of a temporary entry class visa, the Minister or an immigration officer may—
a: impose further conditions, whether or not the conditions are specified in the temporary entry instructions in relation to a visa of that class or type:
b: vary or cancel conditions that would otherwise apply to a visa of that class or type or were imposed under subsection (1).
3: The Minister or an immigration officer may also do 1 or more of the things in subsection (2) by agreement with the visa holder.
4: A condition imposed, varied, waived, or cancelled under this section—
a: must be notified to the visa holder by the Minister or an immigration officer; and
b: takes effect—
i: from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or
ii: from the date specified in the notice (being a date not earlier than the date of notification), in any other case.
4A:
4B:
4C:
4D:
4E:
5: Nothing in this section applies to a temporary entry class visa that is subject to restricted temporary entry instructions. 2023-05-16 Immigration Act 2009 Section 52(4A) to (4E) are repealed at the close of 15 May 2023. Section 52(4A) repealed the close of 15 May 2023 Section 52(4B) repealed the close of 15 May 2023 Section 52(4C) repealed the close of 15 May 2023 Section 52(4D) repealed the close of 15 May 2023 Section 52(4E) repealed the close of 15 May 2023
53: Conditions on temporary entry class visas subject to restricted temporary entry instructions
1: On granting a temporary entry class visa subject to restricted temporary entry instructions, as an exception to those instructions, the Minister may—
a: impose conditions in addition to those specified in temporary entry instructions in relation to a visa of that type:
b: vary or waive conditions that would otherwise apply to a visa of that type.
2: Following the grant of a temporary entry class visa subject to restricted temporary entry instructions, the Minister may, by special direction,—
a: impose further conditions, whether or not the conditions are specified in temporary entry instructions in relation to a visa of that type:
b: vary or cancel conditions that would otherwise apply to a visa of that type or were imposed under subsection (1).
3: The Minister may also do 1 or more of the things in subsection (2) by agreement with the visa holder.
4: A condition imposed, varied, waived, or cancelled under this section—
a: must be notified to the visa holder by the Minister or an immigration officer; and
b: takes effect—
i: from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or
ii: from the date specified in the notice (being a date not earlier than the date of notification), in any other case.
4A:
4B:
4C:
4D:
4E:
5: To avoid doubt, subsection (2) applies whether the temporary entry class visa was granted as an exception to temporary entry instructions or otherwise. 2023-05-16 Immigration Act 2009 Section 53(4A) to (4E) are repealed at the close of 15 May 2023. Section 53(4A) repealed the close of 15 May 2023 Section 53(4B) repealed the close of 15 May 2023 Section 53(4C) repealed the close of 15 May 2023 Section 53(4D) repealed the close of 15 May 2023 Section 53(4E) repealed the close of 15 May 2023
54: Conditions on transit visas
1: On granting a transit visa, the Minister or an immigration officer may—
a: impose conditions in addition to those specified in transit instructions:
b: vary or waive conditions that would otherwise apply to a transit visa.
2: Following the grant of a transit visa, the Minister or an immigration officer may—
a: impose further conditions, whether or not the conditions are specified in the transit instructions:
b: vary or cancel conditions that would otherwise apply to a transit visa or were imposed under subsection (1).
3: The Minister or an immigration officer may also do 1 or more of the things in subsection (2) by agreement with the visa holder.
4: A condition imposed, varied, waived, or cancelled under this section—
a: must be notified to the visa holder by the Minister or an immigration officer; and
b: takes effect—
i: from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or
ii: from the date specified in the notice (being a date not earlier than the date of notification), in any other case.
55: Condition that visa holder have sponsor
1: This section applies to a visa holder who, when applying for the visa concerned, was required to provide a written undertaking from a sponsor in accordance with section 48
2: It is a condition of the visa that—
a: the visa holder have a sponsor for the purposes of the specified matter or matters provided for in the written undertaking; and
b: the sponsor meets the obligations in relation to the specified matter or matters provided for in the undertaking.
2A: Where a condition under this section applies to a resident visa, the condition applies for the period, which may not exceed 10 years, specified—
a: in immigration instructions, in relation to any type of resident visa; or
b: by the Minister or an immigration officer, in relation to any particular visa.
3: If the sponsor fails to comply with the undertaking—
a: the sponsor owes a debt to the Crown, recoverable by the Crown in a court of competent jurisdiction, if the Crown incurs a cost as a result of the failure; and
b: the sponsor owes a debt to a third party, recoverable by the third party in a court of competent jurisdiction, if a cost has been incurred by the third party as a result of the failure; and
c: the visa holder is deemed to have breached the conditions of his or her visa imposed under subsection (2). Section 55(2A) inserted 7 May 2015 section 15 Immigration Amendment Act 2015
56: Visa holder must comply with conditions
1: The holder of a visa that is subject to conditions must comply with the conditions of the visa.
2: In the case of conditions imposed by or under any other Act, or specified in immigration instructions, the obligation to comply with those conditions arises whether or not the visa holder is aware of the conditions, or of the implications of not complying with them.
3: A visa holder must comply with conditions imposed or varied and notified to the holder by the Minister or an immigration officer under section 50 51 52 53 54
4: It is presumed, in the absence of evidence to the contrary on the balance of probabilities, that a visa holder was notified of any conditions imposed or varied under section 50 51 52 53 54 section 386A Section 56(4) amended 7 May 2015 section 16 Immigration Amendment Act 2015 General rules relating to visas
57: Applications for visas
1: An application for a visa must be made in the manner prescribed for the class or type of visa sought.
2: The applicant must provide his or her contact address and address for service.
3:
4:
5:
6:
7: 2023-05-16 Immigration Act 2009 Section 57(3) to (7) are repealed at the close of 15 May 2023. Section 57(2) replaced 7 May 2015 section 17 Immigration Amendment Act 2015 Section 57(3) repealed the close of 15 May 2023 Section 57(4) repealed the close of 15 May 2023 Section 57(5) repealed the close of 15 May 2023 Section 57(6) repealed the close of 15 May 2023 Section 57(7) repealed the close of 15 May 2023
58: Obligation on applicant to inform of all relevant facts, including changed circumstances
1: It is the responsibility of an applicant for a visa to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made.
2: The Minister or immigration officer considering the application—
a: is not obliged to seek any further information, evidence, or submissions; and
b: may determine the application on the basis of the information, evidence, and submissions provided.
3: It is also the responsibility of an applicant for a visa to inform the Minister or an immigration officer of any relevant fact, including any material change in circumstances that occurs after the application is made, if that fact or change in circumstances—
a: may affect the decision on the application; or
b: may affect a decision to grant entry permission in reliance on the visa for which the application is made.
4: Without limiting the scope of the expression material change in circumstances
5: For the purposes of sections 157 158
6: It is sufficient ground for the Minister or an immigration officer to decline to grant a visa to a person if the Minister or officer is satisfied that the person,—
a: whether personally or through an agent, in applying for the visa submitted false or misleading information or withheld relevant information that was potentially prejudicial to the grant of the visa; or
b: did not ensure that an immigration officer was informed of any material change in circumstances to which subsection (3) applies between the time of making the application and the time of a decision on the application. 1987 No 74 ss 17A 25 34B 34G Section 58(5) replaced 7 May 2015 section 18 Immigration Amendment Act 2015
59: Applications by minors
Where an application for a visa is made by or for a person under 18 years of age who is not married or in a civil union, the Minister or an immigration officer may decline the application if the Minister or immigration officer is not satisfied that any parent or guardian of the person consents to the making of the application. 1987 No 74 s 35(2)
60: Biometric information may be required from visa applicant
1: An applicant for a visa must allow biometric information to be collected from him or her.
2: If the applicant fails to allow the biometric information to be collected, the Minister or an immigration officer may refuse to grant the visa applied for.
3: The requirement in subsection (1) does not apply if the person is exempt from providing the information in accordance with regulations made under section 400(l)
61: Grant of visa in special case
1: The Minister may at any time, of the Minister’s own volition, grant a visa of any type to a person who—
a: is unlawfully in New Zealand; and
b: is not a person in respect of whom a deportation order is in force ; and
c: is not a person in respect of whom a removal order is in force.
2: A decision to grant a visa under subsection (1) is in the Minister’s absolute discretion. 1987 No 74 s 35A Section 61(1)﻿(b) amended 7 May 2015 section 19(1) Immigration Amendment Act 2015 Section 61(1)﻿(c) inserted 7 May 2015 section 19(2) Immigration Amendment Act 2015
61A: Grant of visas by special direction
2023-05-16 Immigration Act 2009 Section 61A is repealed at the close of 15 May 2023. Section 61A repealed the close of 15 May 2023
62: Form of visa
1: A visa is granted by being entered and retained in the records (whether electronic or physical) of the Department in a manner determined by the chief executive.
2: The entry for the visa must specify, as appropriate,—
a: its start date (which may be the date of its grant or a future or past date):
b: any conditions of the visa that relate to travel, including—
i: whether the visa allows travel to New Zealand on a later occasion:
ii: if the visa allows travel to New Zealand, the period during which the holder may travel to New Zealand:
iii: if the visa allows travel to New Zealand, whether the visa gives permission to travel to New Zealand on a single journey, multiple journeys, or a set number of journeys:
c: in relation to the holder’s stay in New Zealand, the date or event on the occurrence of which the visa will expire, or the period after which it will expire:
d: any other conditions of the visa:
e: for those persons granted entry permission, the date or dates the entry permission was granted:
f: such other matters as may be required or approved by the chief executive.
3: A visa may (but need not) be evidenced by an endorsement in a passport or certificate of identity.
4: To avoid doubt, no electronic or physical record is required to be created for a visa that is deemed to be granted by or under this Act.
63: Expiry of visa
1: If the holder of a visa is in New Zealand, the visa expires on the earliest of—
a: the beginning of the day after the date specified in the visa as the expiry date:
b: the beginning of the day after the day on which an event specified in the visa as the event on the occurrence of which the visa will expire occurs:
c: the beginning of the day after the last day of the period for which the visa grants stay in New Zealand to the holder:
d: the beginning of the day that is 3 months after the day on which an epidemic management notice expires, if the visa—
i: is a temporary entry class visa to which section 78
ii: has not been cancelled earlier.
2: If the holder of a visa is outside New Zealand, the visa expires on the earlier of—
a: the day and time the holder left New Zealand, if the conditions of the visa do not allow further travel to New Zealand:
b: the beginning of the day after the date that is specified by the conditions of the visa as the last day of the period of time within which travel is allowed to New Zealand.
64: Cancellation of visa on triggering event
1: A visa is cancelled in the following circumstances:
a: on the deportation of its holder from New Zealand:
ab: on the day after the first date on which a deportation order may be served on the person under section 175A
b: on the refusal of entry permission to its holder:
c: on entry permission granted to its holder being revoked:
d: if the holder arrived at an immigration control area,—
i: on the holder leaving the immigration control area without presenting himself or herself to an immigration officer; or
ii: on the holder failing to comply with the instruction of an immigration officer to remain in the area:
e: if the holder arrived at a place other than an immigration control area, on failing to present himself or herself in the prescribed manner and within the prescribed time as required under section 103(1)﻿(b)
f: on the start date of a further visa granted to its holder:
g: on the grant of New Zealand citizenship to its holder:
h: on the registration of New Zealand citizenship by descent under section 7(2)
i: on the issue of an evidentiary certificate under section 21
2: Despite subsection (1)﻿(f), the grant of a temporary entry class visa to the holder of a residence class visa does not cancel the residence class visa unless the grant of the temporary entry class visa was made under section 68
3: To avoid doubt, if a person’s visa is cancelled under subsection (1)﻿(ab), the grant of a new visa to the person does not cancel the person’s liability for deportation. Section 64(1)﻿(ab) inserted 7 May 2015 section 20(1) Immigration Amendment Act 2015 Section 64(3) inserted 7 May 2015 section 20(2) Immigration Amendment Act 2015
65: Cancellation of resident visa before holder first arrives in New Zealand as holder of visa
1: The Minister or an immigration officer may cancel a resident visa at any time before its holder first arrives in New Zealand as the holder of the visa, if—
a: the visa was granted when the holder was outside New Zealand; and
b: the person no longer meets the rules or criteria of the immigration instructions applicable at the time the application for the visa was made.
2: The Minister or an immigration officer must notify a person in writing Section 65(2) amended 7 May 2015 section 21 Immigration Amendment Act 2015
66: Cancellation of temporary entry class or transit visa by Minister or immigration officer
1: The Minister or an immigration officer may, if the Minister or immigration officer determines there is sufficient reason,—
a: cancel a temporary entry class visa at any time when its holder is outside New Zealand:
b: cancel a temporary entry class visa that has been extended in accordance with section 78
c: cancel a transit visa at any time.
2: The Minister or an immigration officer must notify a person, in writing, if—
a: his or her visa is cancelled under this section; and
b: he or she is outside New Zealand. 1987 No 74 ss 19 32
67: Cancellation of visa for administrative error
An immigration officer may cancel a visa that the officer believes on reasonable grounds was granted as a result of an administrative error if—
a: the visa was granted to a person in a place designated by the chief executive under section 383
i: the person is still in the designated place; or
ii: the person has not left the arrival hall of the airport or port at which he or she arrived in New Zealand; or
b: the visa was granted to a person in an immigration control area, or an office of the Department, in New Zealand and the person is still in the control area or office; or
c: advice of the grant of the visa has not been sent or given to the person concerned, in any other case.
68: Grant of further visa where visa granted in error
1: If the Minister or an immigration officer determines that a visa was granted as a result of an administrative error but the visa was not cancelled under section 67
a: offer the holder a visa of such class and type, and subject to such conditions, as the Minister or immigration officer considers appropriate; and
b: if the holder agrees, grant such a visa.
2: If the holder does not agree, he or she remains liable for deportation under section 155(1)
3: Subsection (2) is for the avoidance of doubt. Waiver of requirement for visa permitting travel to New Zealand in certain cases
69: Waiver of requirement for visa permitting travel to New Zealand in certain cases
1: Regulations made under section 400
2: The Minister may, by special direction,—
a: waive for a period not exceeding 3 months the requirement to hold a visa permitting travel to New Zealand in relation to any class of persons, subject to any conditions specified by the Minister:
b: suspend for a period not exceeding 3 months a waiver made by regulations referred to in subsection (1):
c: waive, in any individual case, the requirement to hold a visa permitting travel to New Zealand:
d: suspend, in any individual case, a waiver made by regulations referred to in subsection (1).
3: Any waiver or suspension of a waiver made in accordance with subsection (1) or (2)﻿(a) or (b) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom the waiver or suspension of waiver applies by reference to any or all of the following:
a: their nationality:
b: the country or place from which they are travelling (whether it be their original or an intermediate point of departure):
c: their immediate or ultimate destination after being in or transiting through New Zealand:
d: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued.
4: Any special direction made under subsection (2)﻿(a) or (b)—
a: must be
b: expires at the end of the period of 3 months (or such shorter period as is specified in the direction) following the day on which the direction was made, unless sooner cancelled by the Minister by a further special direction, or by regulations:
c: is secondary legislation ( see Part 3 section 378(3)
5: A special direction under subsection (2)﻿(a) or (b) may not be effectively continued in force by the making of a further special direction to the same or similar effect.
6: A waiver under this section does not of itself entitle a person subject to the waiver to be granted entry permission. 1987 No 74 ss 11 12 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	comply with subsection (4)﻿(a) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 69(4)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 69(4)﻿(c) replaced 28 October 2021 section 3 Secondary Legislation Act 2021
2: Classes of visa
70: Classes of visa
The following classes of visa may be granted under this Act:
a: residence class visas, consisting of—
i: permanent resident visas:
ii: resident visas:
b: temporary entry class visas, consisting of—
i: temporary visas:
ii: limited visas:
iii: interim visas:
c: transit visas. 1987 No 74 s 14 Residence class visas
71: Who may apply for residence class visa
1: The following persons may apply for a residence class visa:
a: a person who is outside New Zealand and who wishes to come to New Zealand and stay indefinitely:
b: a person who is—
i: onshore; and
ii: the holder of a temporary visa or a resident visa; and
iii: not subject to section 150
c: a person to whom a visa waiver applies, and who falls within a class prescribed by regulations as a person who may apply for a residence class visa—
i: in a place designated by the chief executive under section 383
ii: in an immigration control area; or
iii: in a prescribed place.
2: No person who is of a class or category that, by virtue of immigration instructions, may only apply for a resident visa or a permanent resident visa by invitation, may apply for such a visa without an invitation.
3: A person may apply for a resident visa or a permanent resident visa in response to an invitation to apply only if the application is made in the time frame specified in the residence instructions.
4: To avoid doubt, no limited visa holder, interim visa holder, transit visa holder, or person who is liable for deportation may apply for a residence class visa.
5: However, the Minister, in his or her absolute discretion, may grant a residence class visa to a person to whom subsection (4) applies. 1987 No 74 s 17
72: Decisions on applications for residence class visa
1: Where the Minister or an immigration officer makes any decision in relation to an application for a residence class visa, that decision must be made in terms of the residence instructions applicable at the time the application was made and any discretion exercised must be in terms of those instructions.
2: No application for a residence class visa that is received by an immigration officer may be referred to the Minister for decision at first instance, unless the Minister gives a special direction to that effect.
3: Nothing in this section prevents the Minister, in his or her absolute discretion, from making any decision to grant a residence class visa as an exception to residence instructions in any particular case. 1987 No 74 ss 13C 17A(2)
73: Currency and nature of permanent resident visa
The holder of a permanent resident visa is entitled—
a: to travel to New Zealand at any time:
b: to be granted entry permission:
c: to stay in New Zealand indefinitely:
d: to work in New Zealand or in the exclusive economic zone of New Zealand:
e: to study in New Zealand.
74: Currency and nature of resident visa
1: The holder of a resident visa—
a: is entitled to—
i: travel to New Zealand; and
ii: apply for entry permission (whether before or after travelling to New Zealand); and
b: if granted entry permission, is entitled, in accordance with the conditions of the visa (if any),—
i: to stay in New Zealand indefinitely:
ii: to work in New Zealand or in the exclusive economic zone of New Zealand:
iii: to study in New Zealand.
2: Subsection (1)﻿(a) applies only if the visa holder's travel to New Zealand is consistent with the conditions of the visa relating to travel.
75: Former New Zealand citizens deemed to hold resident visa
1: This section applies to a person in New Zealand who—
a: renounces his or her New Zealand citizenship; or
b: is deprived of his or her New Zealand citizenship.
2: The person is deemed, from the date of renouncing, or being deprived of, his or her citizenship, to hold a resident visa—
a: permitting the person to stay in New Zealand; and
b: subject to any conditions specified in residence instructions certified for the purposes of this section at the time the person renounced or was deprived of his or her citizenship. Temporary entry class visas: provisions applying to all types
76: Decisions on applications for temporary entry class visa
1: The Minister or an immigration officer may, in the Minister’s or officer’s discretion, grant a temporary entry class visa as an exception to temporary entry class instructions in any particular case.
2: Subsection (1) does not apply to an application for a temporary entry class visa of a type subject to restricted temporary entry instructions.
3: However, nothing in subsection (2) prevents the Minister in his or her absolute discretion from making a decision to grant a visa as an exception to restricted temporary entry instructions in any particular case.
77: Currency and nature of temporary entry class visa
1: A temporary entry class visa may be granted—
a: until a specified date; or
b: until a specified event on the occurrence of which the visa expires; or
c: for a specified period of time.
2: The holder of a temporary entry class visa—
a: is entitled to—
i: travel to New Zealand; and
ii: apply for entry permission (whether before or after travelling to New Zealand); and
b: if granted entry permission, is entitled, in accordance with the conditions of the visa (if any), to stay in New Zealand during the currency of the visa.
3: Subsection (2)﻿(a) applies only if the visa holder's travel to New Zealand is consistent with the conditions of the visa relating to travel.
4: The holder of a temporary entry class visa may—
a: work in New Zealand, or in the exclusive economic zone of New Zealand, only if the conditions of the visa allow, and only consistently with those conditions:
b: study in New Zealand, only if the conditions of the visa allow, and only consistently with those conditions.
78: Deemed extension of temporary entry class visa expiring during epidemic
1: This section applies to a temporary entry class visa held by a person in New Zealand if—
a: it was current immediately before the commencement of an epidemic management notice; and
b: but for this section, it would expire before the day that is 14 days after the day on which the notice expires.
2: The visa must, for all purposes, be treated as if it continues to be a current visa allowing stay in New Zealand until the earlier of the following events:
a: its cancellation:
b: the expiration of 3 months after the day on which the epidemic management notice expires.
2A:
2B:
3: Subsection (2) does not require—
a: the endorsement or modification of the visa; or
b: the issue of a document extending the visa; or
c: the grant of a new visa. 1987 No 74 s 35AC 2023-05-16 Immigration Act 2009 Section 78(2A) and (2B) are repealed at the close of 15 May 2023. Section 78(2A) repealed the close of 15 May 2023 Section 78(2B) repealed the close of 15 May 2023
78A: Extension of temporary entry class visa by special direction
2023-05-16 Immigration Act 2009 Section 78A is repealed at the close of 15 May 2023. Section 78A repealed the close of 15 May 2023 Temporary entry class visas: provisions applying to temporary visas
79: Who may apply for temporary visa
1: The following persons may apply for a temporary visa:
a: a person, including a person to whom a visa waiver applies, who is outside New Zealand and who wishes to come to New Zealand for any purpose for which a temporary visa may be granted:
b: a person arriving in New Zealand and to whom a visa waiver applies:
c: a person who is onshore, is the holder of a temporary visa, and is either—
i: a person to whom section 150(1) and (2)
ii: a claimant to whom section 150(3)
2: No person who is of a class or category that, by virtue of immigration instructions, may only apply for a temporary visa by invitation may apply for such a visa without an invitation.
3: A person may apply for a temporary visa (or a temporary visa of a particular type) in response to an invitation to apply only if the application is made in the time frame specified in the temporary entry instructions.
4: To avoid doubt,—
a: no limited visa holder, interim visa holder, or transit visa holder may apply for a temporary visa; and
b: a person liable for deportation may only apply—
i: for a visa of the same class and type that he or she held before becoming liable for deportation; and
ii: if he or she is not unlawfully in New Zealand.
5: However, the Minister, in his or her absolute discretion, may grant a temporary visa to a person prohibited from applying for a temporary visa under subsection (4). 1987 No 74 s 25(1) Temporary entry class visas: provisions applying to interim visas
80: Interim visa
1: The Minister or an immigration officer may, for the purpose of maintaining the lawful status in New Zealand of the applicant while the application is being considered, grant an interim visa to a person in New Zealand who—
a: holds a temporary visa; and
b: has applied for a further visa (whether a residence class or a temporary entry class visa).
2: No person has the right to apply for an interim visa, and any decision as to whether to grant an interim visa is a matter for the absolute discretion of the Minister or relevant immigration officer.
3: The holder of an interim visa may not apply for a visa of any other class or type. Temporary entry class visas: provisions applying to limited visas
81: Who may apply for limited visa
The following persons may apply for a limited visa:
a: a person, including a person to whom a visa waiver applies, who is outside New Zealand and who wishes to come to New Zealand for an express purpose:
b: a person arriving in New Zealand to whom a visa waiver applies who wishes to stay in New Zealand for an express purpose:
c: a person onshore who is—
i: the holder of a current limited visa, if further time is required to achieve the express purpose for which that visa was granted; or
ii: the holder of a temporary visa (other than a person to whom section 150 1987 No 74 ss 14DA 34B
82: Grant of limited visa rather than temporary visa applied for or held
1: If a person applies for a temporary visa (rather than a limited visa), the Minister or an immigration officer may grant the person a limited visa rather than the temporary visa applied for if, and only if,—
a: the person,—
i: including a person to whom a visa waiver applies, is outside New Zealand and wishes to come to New Zealand for an express purpose; or
ii: is a person to whom a visa waiver applies who arrives in New Zealand and wishes to stay in New Zealand for an express purpose; or
iii: is the holder of a temporary visa, and agrees to the grant of the limited visa; and
b: the Minister or the immigration officer identifies a risk that the person will remain in New Zealand beyond the expiry of his or her visa; and
c: the Minister or the immigration officer considers that the grant of a limited visa rather than a temporary visa is necessary to manage that risk.
2: If the holder of a temporary visa applies for entry permission, the Minister or an immigration officer may cancel the temporary visa by granting the person a limited visa, and grant entry permission to the person on the basis of the limited visa if, and only if,—
a: the person wishes to enter New Zealand for an express purpose; and
b: the Minister or the immigration officer identifies a risk that the person will remain in New Zealand beyond the expiry of his or her visa; and
c: the Minister or the immigration officer considers that the grant of a limited visa (and entry permission on the basis of that visa) is necessary to manage that risk; and
d: the person agrees to the grant of a limited visa and entry permission on the basis of that visa. 1987 No 74 s 14DA(2)
83: Grant of limited visa in relation to criminal matters
1: A limited visa may be granted to a person if—
a: a certificate has been issued in respect of the person under section 13 42(5)
b: the limited visa is granted for the sole purpose of enabling the person—
i: to be in New Zealand for the purposes of giving or providing evidence or assistance pursuant to a request made under section 12
ii: to be transported through New Zealand pursuant to section 42
2: A limited visa may also be granted to a person for the sole purpose of enabling the person to return to New Zealand to face any charge in New Zealand or to serve any sentence imposed on the person in New Zealand. 1987 No 74 s 27A
84: Currency of limited visa
1: The Minister or, subject to any special direction, an immigration officer may grant a limited visa for the period that—
a: is appropriate to achieve the express purpose for which the visa is granted; and
b: does not exceed any period specified in respect of limited visas of that category by temporary entry instructions.
2: If the express purpose for which a limited visa was granted is achieved before the date on which it will expire, or if at any time it becomes apparent that the purpose is no longer achievable or has been abandoned by the visa holder,—
a: an immigration officer may notify the visa holder of an earlier expiry date for the visa (being a date not earlier than 14 days after that notice is given to the visa holder); and
b: the visa then expires on that earlier expiry date. 1987 No 74 s 34C
85: Limitations and conditions on holders of limited visa
1: The holder of a limited visa must leave New Zealand no later than the day that the visa expires.
2: The holder of a limited visa may not, whether before or after the expiry of the visa,—
a: apply for a visa of a different class or type while in New Zealand; or
b: while in New Zealand, request a special direction, or a visa under section 61
c: bring any appeal under this Act (other than an appeal under section 194 195
3: Every limited visa is to be granted subject to conditions relating to its purpose. 1987 No 74 ss 14DA(4) 34D Transit visas
86: Who must obtain transit visa
1: A person intending to travel to and be in New Zealand only as a transit passenger must, before proceeding to New Zealand, apply for and obtain a transit visa.
2: Subsection (1) applies to the person unless he or she is classified as a person to whom a transit visa waiver applies—
a: by regulations made under section 400
b: by special direction of the Minister under subsection (4).
3: Regulations classifying persons as persons to whom a transit visa waiver applies—
a: may, without limiting the generality of the manner in which persons may be classified, classify persons by reference to all or any of the following:
i: their nationality:
ii: the country or place from which they are travelling (whether it be their original or intermediate point of departure):
iii: their immediate or ultimate destination after transiting through New Zealand:
iv: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
b: are subject to any special direction made under subsection (4) that suspends any relevant transit visa waiver.
4: The Minister may, by special direction that has effect for a period not exceeding 3 months,—
a: classify persons as persons to whom a transit visa waiver applies (whether by reference to the matters referred to in subsection (3)﻿(a) or otherwise):
b: suspend any transit visa waiver specified in regulations for any class or classes of person.
4A:
4B:
4C:
5: A special direction made under subsection (4)—
a: must be
b: expires at the end of the period of 3 months following the day on which it was made, unless sooner cancelled by the Minister by a further special direction, or by regulations ; and
c: is secondary legislation ( see Part 3 section 378(3)
6: A special direction made under subsection (4) may not be effectively continued in force by the making of a further special direction to the same or similar effect.
7: 1987 No 74 s 14E(1)–(2D) 2023-05-16 Immigration Act 2009 Section 86(4A) to (4C) are repealed at the close of 15 May 2023. The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must: LA19 ss 73 74(1)﻿(a) cl 14 •	publish it in the Gazette •	comply with subsection (5)﻿(a) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 86(4A) repealed the close of 15 May 2023 Section 86(4B) repealed the close of 15 May 2023 Section 86(4C) repealed the close of 15 May 2023 Section 86(5)﻿(a) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 86(5)﻿(b) amended 5 August 2013 section 77(3) Legislation Act 2012 Section 86(5)﻿(c) replaced 28 October 2021 section 3 Secondary Legislation Act 2021 Section 86(7) repealed 6 November 2015 section 22 Immigration Amendment Act 2015
86A: Obligation of transit passenger
1: During the transit period applying to a transit passenger, the transit passenger must remain—
a: on the craft concerned; or
b: in an immigration control area; or
c: in the custody of the Police.
2: If a transit passenger fails to comply with subsection (1), the relevant transit period immediately expires (and section 115(1)﻿(f) Section 86A inserted 6 November 2015 section 23 Immigration Amendment Act 2015
87: Transit visa may be granted as exception to immigration instructions
The Minister or an immigration officer may, in his or her absolute discretion, grant a transit visa to a person as an exception to immigration instructions.
88: Currency of transit visa
A transit visa is current for the period or until the date specified in it, and may be expressed to be effective for any number of journeys to New Zealand in that period or until that date. 1987 No 74 s 14E(3) Section 88 replaced 6 November 2015 section 24 Immigration Amendment Act 2015
89: Limitations on holders of transit visa
1: The holder of a transit visa may not apply for entry permission or any class or type of visa while in New Zealand during the transit period.
2: However, the Minister or an immigration officer, in his or her absolute discretion, may grant to the person a visa of the type and class that the Minister or immigration officer thinks fit. 1987 No 74 s 14E(4), (5)
90: Cancellation of transit visa
An immigration officer may cancel a transit visa at any time but, if he or she cancels the visa after the holder of the visa has arrived in New Zealand, the person is liable for turnaround.
91: Expiry of transit period
At any time before the transit period of a transit passenger expires, an immigration officer may, in his or her absolute discretion,—
a: extend the transit passenger's transit period beyond the transit period prescribed under section 401(d)
b: grant the transit passenger a visa and entry permission. Section 91 replaced 6 November 2015 section 25 Immigration Amendment Act 2015 Invitation to apply for visa
92: Expressions of interest
1: A person who, by virtue of immigration instructions, is of a class or category of person that may apply for a visa of a particular class or type only if invited to do so by the Minister or an immigration officer may notify his or her interest in obtaining such an invitation in the prescribed manner.
2: A person submitting an expression of interest must provide a contact address and an address for service.
3:
4: Section 92(2) replaced 7 May 2015 section 26 Immigration Amendment Act 2015 Section 92(3) repealed 7 May 2015 section 26 Immigration Amendment Act 2015 Section 92(4) repealed 7 May 2015 section 26 Immigration Amendment Act 2015
93: Obligation to inform of all relevant facts, including changed circumstances
1: It is the responsibility of the person submitting an expression of interest to ensure that all information, evidence, and submissions that the person wishes to have considered in support of the expression of interest are provided when the expression of interest is submitted.
2: The Minister or immigration officer considering the expression of interest—
a: is not obliged to seek any further information, evidence, or submissions; and
b: may determine whether to issue an invitation to apply for a visa on the basis of the information, evidence, and submissions provided.
3: Nothing in subsection (2) prevents the Minister or immigration officer from taking into account any information, evidence, or submissions provided by the person at any time before the decision whether to issue the invitation is made.
4: It is also the responsibility of a person expressing an interest in obtaining an invitation to apply for a visa under section 94
a: may affect the decision to issue an invitation to apply; or
b: may affect a decision to grant a visa to the person.
5: Without limiting the scope of the expression material change in circumstances
6: Failure to comply with the obligation set out in subsection (4) must be treated as concealing relevant information sections 157 158 1987 No 74 s 13D Section 93(6) amended 7 May 2015 section 27 Immigration Amendment Act 2015
94: Invitation to apply for visa
1: An invitation to apply for a visa is a statement by or on behalf of the Minister or an immigration officer, whether made electronically or in writing, that the person to whom it is made is authorised to make an application for a visa of a particular class or type.
2: No person may apply for a visa without an invitation if the person is of a class or category of person that, by virtue of immigration instructions, may apply for the visa only if invited to do so.
3: If an invitation is required by immigration instructions for the person to be able to apply for the relevant visa, the statement of the invitation is sufficient authority for the making of the application (unless the invitation is subsequently revoked).
4: Despite anything in this section or in any immigration instructions, the Minister may, by special direction, issue an invitation to apply for a visa to a person whether or not the person has expressed his or her interest in the manner required by this Act or immigration instructions.
5: An invitation to apply for a visa may at any time be revoked by the Minister or an immigration officer. A revocation takes immediate effect.
6: A decision as to whether to issue an invitation to apply for a visa may be made having regard to the immigration instructions applicable at the time of the decision, even if they differ from the immigration instructions applicable at the time of notification of the relevant expression of interest.
7: In a case where residence or restricted temporary entry instructions change between the date of issue of an invitation to apply for a residence class visa or visa to which restricted temporary entry instructions apply and the date on which a person’s application for the relevant visa is made in response to that invitation, the decision on that application must be made in terms of the immigration instructions applicable at the time the application for the visa was made (and not at the time the invitation was issued), and, subject to sections 72(3) 76(3) 1987 No 74 s 13E
95: Issue of invitation to apply for visa matter of discretion
1: No person is entitled as of right to an invitation to apply for a visa.
2: The decision whether to issue such an invitation, or to revoke such an invitation once issued, is a matter for the discretion of the Minister or, subject to any special direction, an immigration officer. 1987 No 74 s 10A
4: Arrivals and departures
Advance passenger processing
96: Carrier, and person in charge, of commercial craft to provide advance passenger processing information before departure
1: This section applies to a carrier, and a person in charge, of a commercial craft if—
a: one of the following applies:
i: the craft is scheduled to travel to New Zealand in the course of a scheduled international service:
ii: it is proposed that the craft travel to New Zealand from another country:
iii: the craft is scheduled to travel from New Zealand in the course of a scheduled international service:
iv: it is proposed that the craft travel from New Zealand to another country; and
b: the chief executive has notified the carrier, or a person in charge, of the craft that the carrier or person in charge of the craft must comply with this section.
2: A carrier, or a person in charge, of a commercial craft must—
a: obtain from every person who intends to board the craft for the purpose of travelling to, or from, New Zealand the advance passenger processing information prescribed for the purposes of this subsection; and
b: provide that information to the chief executive, by means of an approved system, before the departure of the craft to travel to, or from, New Zealand.
3: The chief executive may, by notice in writing, in any specified circumstances, exempt a carrier, or person in charge, of a commercial craft from complying with some or all of the requirements under subsection (2). Section 96 replaced 28 September 2017 section 270 Intelligence and Security Act 2017
97: Chief executive may make decision about person boarding commercial craft for purpose of travelling to New Zealand
1: The chief executive may decide that a person in relation to whom information has been received under section 96(2)
a: may board the craft; or
b: may not board the craft; or
c: may board the craft only if he or she complies with conditions specified by the chief executive.
2: The chief executive—
a: must notify a carrier, or a person in charge, of a commercial craft from whom information has been received under section 96(2)
b: may do so in any form he or she thinks appropriate, including, but not limited to, by means of an approved system, which may contain code that represents the outcome of the decision; and
c: may do so in any manner he or she thinks appropriate, including, but not limited to, by means of an automated electronic notification.
3: The chief executive—
a: may make a decision under subsection (1) whether or not the person to whom the decision relates—
i: holds a visa to travel to New Zealand; or
ii: has been granted entry permission; or
iii: is a person to whom a visa waiver applies; but
b: may not make a decision under subsection (1)﻿(b) or (c) if the person to whom the decision relates is—
i: a New Zealand citizen who, before boarding the craft, holds and produces a New Zealand passport; or
ii: a New Zealand citizen who, before boarding the craft, holds and produces a foreign passport containing an endorsement of a type described in section 384
iii: a New Zealand citizen who, before boarding the craft, produces a returning resident's visa (within the meaning of section 2(1)
iv: a permanent resident; or
v: a resident visa holder, unless the person has not previously travelled to New Zealand as the holder of that visa and the visa was granted outside New Zealand.
4: A person in relation to whom a decision is made under subsection (1)—
a: may not appeal the decision to any court, the Tribunal, the Minister, or otherwise:
b: may bring review proceedings in relation to the decision only on the grounds that he or she is a person in relation to whom that decision should not have been made because he or she is a person to whom subsection (3)﻿(b) applies.
5: The chief executive is not obliged to give reasons for a decision made under subsection (1) other than that subsection (1) applies, and section 23
6: Nothing in section 305 1987 No 74 s 125AB Section 97 heading replaced 28 September 2017 section 271(1) Intelligence and Security Act 2017 Section 97(1) replaced 28 September 2017 section 271(2) Intelligence and Security Act 2017 Section 97(2)﻿(a) replaced 28 September 2017 section 271(3) Intelligence and Security Act 2017 Section 97(6) replaced 28 September 2017 section 271(4) Intelligence and Security Act 2017
97A: Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand
1: The chief executive may decide that a person in relation to whom information has been received under section 96(2)
a: may board the craft; or
b: may not board the craft; or
c: may board the craft only if he or she complies with conditions specified by the chief executive.
2: The chief executive may make a decision under subsection (1)﻿(b) or (c) only if the chief executive has reason to believe that the person is attempting to travel on—
a: a lost, stolen, or invalid passport or certificate of identity; or
b: a forged, false, fraudulently obtained, or improperly altered passport or certificate of identity; or
c: a passport or certificate of identity that does not relate to that person.
3: The chief executive—
a: must notify a carrier, or a person in charge, of a commercial craft from whom information has been received under section 96(2)
b: may do so in any form that he or she thinks appropriate, including, but not limited to, by means of an approved system, which may contain code that represents the outcome of the decision; and
c: may do so in any manner that he or she thinks appropriate, including, but not limited to, by means of an automated electronic notification.
4: Nothing in section 305 Section 97A inserted 28 September 2017 section 272 Intelligence and Security Act 2017
98: Grant of entry permission outside New Zealand
1: An immigration officer may grant entry permission to a person outside New Zealand if the person—
a: is the holder of a visa (other than a transit visa); and
b: is in a place designated by the chief executive under section 383
c: has applied for entry permission in the prescribed manner.
2: If a person outside New Zealand does not apply for entry permission under subsection (1)﻿(c), section 103
99: New Zealand citizen may confirm citizenship before arrival in New Zealand
1: A New Zealand citizen who intends entering New Zealand as a New Zealand citizen may, before boarding a craft for the purpose of travelling to New Zealand, comply with any requirements prescribed for the purpose of confirming a person's status as a New Zealand citizen.
2: Otherwise, the person must fulfil the corresponding responsibility under section 103(1)﻿(e)
3: Subsections (4) and (5) apply to a person who—
a: intends to enter New Zealand as a New Zealand citizen; and
b: presents one of the following types of passport before boarding a craft for the purpose of travelling to New Zealand:
i: a New Zealand passport; or
ii: a foreign passport containing an endorsement of a type described in section 384
iii: a foreign passport containing a returning resident's visa (within the meaning of section 2(1)
4: The person may, before boarding the craft, allow himself or herself to be photographed to confirm his or her New Zealand citizenship.
5: Otherwise, the person must fulfil the corresponding requirement under section 104
6: A photograph taken under subsection (4) (including any electronic record of the photograph) may be compared with—
a: information in the person's passport; or
b: information held by the department of State for the time being responsible for the administration of the Passports Act 1992
c: if the person does not hold a New Zealand passport, information held by the Department.
7: A photograph taken under subsection (4) must not be retained by the Department if the fact of the person’s New Zealand citizenship is confirmed.
8: A photograph taken under subsection (4) that does not confirm the fact of the person's New Zealand citizenship may be retained for the purposes of administering this Act.
100: Collection of biometric information from proposed arrivals
1: A person who is proposing to board a craft for the purposes of travelling to New Zealand must allow biometric information to be collected from him or her.
2: The requirement in subsection (1) does not apply if the person is exempt from providing the information in accordance with regulations made under section 400(l)
3: If the person fails to allow the biometric information to be collected, the chief executive may decide that the person—
a: may not board the craft; or
b: may board the craft only if the person complies with conditions specified by the chief executive.
4: Nothing in this section applies to a person who, before boarding the craft, holds and produces—
a: a New Zealand passport; or
b: a foreign passport containing an endorsement of a type described in section 384
c: a foreign passport containing a returning resident's visa (within the meaning of section 2(1) Section 100 Obligations in relation to craft coming to New Zealand
101: Obligations in relation to craft en route to or arriving in New Zealand
1: Except as provided in regulations made under this Act, the carrier, and the person in charge, of any craft that is en route to New Zealand or that berths, lands, or arrives in New Zealand from another country have the following responsibilities:
a: to ensure that all persons boarding the craft have the prescribed documentation for immigration purposes:
b: on arrival of the craft at a place that is or contains an immigration control area,—
i: to produce for inspection such prescribed documents as an immigration officer may specify; and
ii: if applicable, to prevent, with such reasonable force as may be necessary, the disembarkation of any person from the craft otherwise than into an immigration control area:
c: subject to sections 17(3) 22 section 103(1)﻿(b)
d: if a stowaway has been found on the craft, to report that fact to an immigration officer as soon as practicable.
2: In addition to any obligations under section 102
a: in the case of a craft that is not a commercial passenger aircraft on a scheduled international service, to supply on demand by an immigration officer a list giving such details as the officer may specify concerning every person (whether a member of the crew or a passenger) who has been on board the craft since its last port of call:
b: in the case of a commercial passenger aircraft on a scheduled international service, to supply such available information as may be required by an immigration officer relating to any person who may have been on board the craft since its last place of call.
3: Once a craft that is en route to New Zealand has entered the territorial limits of New Zealand, the person in charge of the craft is, for the purpose of ensuring or facilitating compliance with this Act, responsible for preventing, with such reasonable force as may be necessary, the disembarkation of any person from the craft other than for the purpose of carrying out the person’s responsibilities under section 103
4: Subsections (1) to (3) are subject to any applicable special direction or to regulations made under section 400
5: 1987 No 74 s 125(1), (2) Section 101(1)﻿(c) amended 1 October 2018 section 443(3) Customs and Excise Act 2018 Section 101(5) repealed 28 September 2017 section 273 Intelligence and Security Act 2017
102: Obligations of carriers, and persons in charge, of craft to provide information
1: The purpose of this section is to facilitate—
a: the exercise or performance of powers, functions, or duties under this Act:
b: the prevention, detection, investigation, prosecution, and punishment of immigration offences:
c: the protection of border security.
2: A carrier, and a person in charge, of a commercial craft who is required under section 96
a: travelling to New Zealand, including persons who did not board the craft for any reason (including because of a decision made by the chief executive under section 97
b: travelling from New Zealand, including persons who did not board the craft for any reason (including because of a decision made by the chief executive under section 97A
3: The chief executive may, by notice in writing, in any specified circumstances, exempt a carrier, or a person in charge, of a commercial craft from complying with some or all of the requirements under subsection (2).
4: Despite being granted an exemption, a carrier, or a person in charge, of a commercial craft must provide to the chief executive—
a: some or all of the information required under subsection (2)﻿(a) if requested by the chief executive not more than 14 days before or after the arrival of the craft in New Zealand; or
b: some or all of the information required under subsection (2)﻿(b) if requested by the chief executive not more than 14 days before or after the departure of the craft from New Zealand.
5: Information required under subsection (2) or (4) must be provided, or otherwise made available,—
a: in a form and manner approved by the chief executive; and
b: on the date, or at the time, specified by the chief executive; and
c: for the period, if any, specified by the chief executive.
6: Information provided or otherwise made available to the chief executive under this section may be retained by the chief executive for any of the purposes listed in subsection (1). Section 102 replaced 6 June 2015 section 28 Immigration Amendment Act 2015 Section 102(2) replaced 28 September 2017 section 274 Intelligence and Security Act 2017 Section 102(3) replaced 28 September 2017 section 274 Intelligence and Security Act 2017 Section 102(4) replaced 28 September 2017 section 274 Intelligence and Security Act 2017 Obligations on persons arriving in New Zealand
103: Obligations on persons arriving in New Zealand
1: Except as provided in regulations made under this Act, or in any special direction, every person who arrives in New Zealand from another country has the following responsibilities:
a: if the person arrives at an immigration control area, to present himself or herself to an immigration officer without delay:
b: if the person arrives at a place other than an immigration control area, to present himself or herself in the prescribed manner within the prescribed time:
c: to apply for a visa in the prescribed manner, if the person is a person to whom a visa waiver applies:
d: to apply for entry permission in the prescribed manner unless—
i: the person is a New Zealand citizen and holds and produces a New Zealand passport; or
ii: the person is a New Zealand citizen and holds and produces a foreign passport containing an endorsement of a type described in section 384
iii: the person is a New Zealand citizen and holds and produces a foreign passport containing a returning resident's visa (within the meaning of section 2(1)
iv: the person is a transit passenger who holds a transit visa or is a person to whom a transit visa waiver applies:
da: to produce, on demand by an immigration officer, the person's passport or certificate of identity and any travel tickets held by the person:
e: in the case of a New Zealand citizen who is entering New Zealand as a New Zealand citizen, to comply with any requirements prescribed for the purpose of confirming the person’s status as a New Zealand citizen:
f: to comply with any direction of an immigration officer to remain in the immigration control area or other prescribed place, or a specified part of the area or place:
g: to comply with any other directions of an immigration officer while in an immigration control area.
2: However, the obligation in subsection (1)﻿(e) does not apply if the person, before arriving in New Zealand, has already complied with those requirements in accordance with section 99
3: Where a person arriving in New Zealand is, by reason of age or disability, incapable of complying with any of the requirements of subsection (1), it is the responsibility of the parent or guardian or other person for the time being having the care of that person to comply with those requirements on that person’s behalf.
4: Every passport or certificate of identity produced by a person to an immigration officer under this section—
a: must, if the person is a New Zealand citizen or is granted entry permission, be returned to the person before the person leaves the immigration control area; or
b: if the person is refused entry permission, may be retained by the immigration officer, but must be returned to the person on the person’s departure from New Zealand.
5: To avoid doubt, a New Zealand citizen who is a national of 1 or more other countries and who wishes to enter New Zealand other than as a New Zealand citizen must apply for entry permission in the prescribed manner. 1987 No 74 s 126(1), (3) Section 103(1)﻿(d)﻿(iv) replaced 6 November 2015 section 29(1) Immigration Amendment Act 2015 Section 103(1)﻿(da) inserted 7 May 2015 section 29(2) Immigration Amendment Act 2015
104: New Zealand citizens arriving in New Zealand to be photographed
1: Subsection (2) applies to a person who—
a: arrives in New Zealand; and
b: is entering New Zealand as a New Zealand citizen; and
c: presents one of the following types of passport:
i: a New Zealand passport; or
ii: a foreign passport containing an endorsement of a type described in section 384
iii: a foreign passport containing a returning resident's visa (within the meaning of section 2(1)
2: The person must allow himself or herself to be photographed to confirm his or her New Zealand citizenship.
3: A photograph taken under subsection (2) (including any electronic record of the photograph) may be compared with—
a: information in the person's passport; or
b: information held by the department of State for the time being responsible for the administration of the Passports Act 1992
c: if the person does not hold a New Zealand passport, information held by the Department.
4: A photograph taken under subsection (2) must not be retained by the Department if the fact of the person’s New Zealand citizenship is confirmed.
5: A photograph taken under subsection (2) that does not confirm the fact of the person’s New Zealand citizenship may be retained for the purposes of administering this Act.
6: The obligation in subsection (2)—
a: is in addition to any requirements prescribed for the purposes of section 103(1)﻿(e)
b: is subject to any prescribed exemptions made in accordance with section 402(l)
7: However, the obligation in subsection (2) does not apply if the person, before arriving in New Zealand, has already allowed himself or herself to be photographed in accordance with section 99 Section 104
105: Responsibilities of internationally ticketed passengers travelling by air within New Zealand
1: Where an internationally ticketed passenger is using air travel for a domestic sector, this section applies to the passenger from the time at which the passenger enters the departure hall at the commencement of the domestic sector until the time at which he or she leaves the arrival hall at the end of the domestic sector.
2: Every person to whom this section applies must produce for inspection on demand by an immigration officer the person’s passport or certificate of identity and the person’s boarding pass or travel tickets, or both, to enable the officer to determine whether the person is entitled to be in New Zealand with or without a visa under this Act.
3: Every passport, certificate of identity, boarding pass, or travel ticket produced by a person to an immigration officer under subsection (2)—
a: must, if the person is a New Zealand citizen or holds a visa and has been granted entry permission, be inspected immediately and returned to the person as soon as the inspection is concluded; or
b: may, if the person does not hold a visa or has not been granted entry permission, be retained by the immigration officer, but must be returned to the person on the person’s departure from New Zealand.
4: In this section and section 106 customs airport section 55 domestic passenger
a: means a passenger who has an entitlement to air travel for a domestic sector on either—
i: an aircraft that begins its journey outside New Zealand and, in the course of that journey, enters New Zealand and travels between at least 2 customs airports in New Zealand; or
ii: an aircraft that begins its journey at a customs airport in New Zealand and, in the course of that journey, travels to at least 1 other customs airport in New Zealand before leaving New Zealand; but
b: does not include an internationally ticketed passenger domestic sector internationally ticketed passenger
a: began outside New Zealand; or
b: began inside New Zealand and is to continue outside New Zealand. 1987 No 74 s 126A Section 105(4) customs airport amended 1 October 2018 section 443(3) Customs and Excise Act 2018
106: Responsibilities of domestic passengers travelling by air within New Zealand
1: Where any domestic passenger is using air travel for a domestic sector, this section applies to the passenger from the time at which the passenger enters the departure hall at the commencement of the domestic sector until the time at which he or she leaves the arrival hall at the end of the domestic sector.
2: Every person to whom this section applies must—
a: produce for inspection on demand by an immigration officer the following documents as the officer may specify:
i: the person’s boarding pass:
ii: the person’s travel tickets:
iii: if carried by the person, his or her passport or certificate of identity:
iv: any other prescribed document; or
b: if the person is unable to produce the specified document or documents, complete a form approved and issued for the purpose by the chief executive under section 381
3: A demand under subsection (2) may be made of a person only for the purpose of enabling the immigration officer to establish the person’s identity or the person’s entitlement to air travel for a domestic sector, or both.
4: Every boarding pass, travel ticket, passport, certificate of identity, or other document produced by a person to an immigration officer under subsection (2) must be either—
a: inspected immediately and returned to the person as soon as the inspection has concluded; or
b: retained by the immigration officer for as long as is necessary for the officer to determine whether he or she wishes to exercise any power under this Act in relation to the person or the document.
5: Nothing in this section limits the exercise by an immigration officer of any power contained in any other provision of this Act. 1987 No 74 s 126B Entry permission
107: Effect of entry permission or refusal of entry permission
1: A person granted entry permission to New Zealand may enter New Zealand.
2: The grant of entry permission has no effect unless the person also holds a visa.
3: Entry permission is granted by the Minister or an immigration officer.
4: The effect of a refusal to grant a person entry permission to New Zealand is that—
a: any visa the person holds is cancelled; and
b: if the person has arrived in New Zealand, the person is liable for turnaround.
108: Decisions on entry permission in relation to residence class visa holders
1: The holder of a permanent resident visa must be granted entry permission.
2: The holder of a resident visa granted in New Zealand must be granted entry permission.
3: The holder of a resident visa granted outside New Zealand must be granted entry permission if it is his or her second or subsequent entry to New Zealand as the holder of the visa.
4: If the holder of a resident visa granted outside New Zealand intends travelling to New Zealand for the first time as the holder of the visa and applies for entry permission under section 98(1)
a: the Minister or, subject to any special direction, an immigration officer may, in his or her discretion,—
i: grant entry permission to the person; or
ii: refuse entry permission to the person; and
b: the Minister may, by special direction, impose further conditions on the visa, or vary or cancel any conditions that would otherwise apply to the visa.
5: If the holder of a resident visa arrives in New Zealand for the first time as the holder of the visa and the visa was granted outside New Zealand,—
a: the Minister or, subject to any special direction, an immigration officer may, in his or her discretion,—
i: grant entry permission to the person; or
ii: refuse entry permission to the person; and
b: the Minister may, by special direction, impose further conditions on the visa, or vary or cancel any conditions that would otherwise apply to the visa.
6: The Minister's or immigration officer's decision under subsection (4)﻿(a) or (5)﻿(a) must be made, and any discretion exercised, in terms of the residence instructions applicable at the time the person applied for the visa.
7: For the purposes of subsections (4) and (5), the following matters are matters for the discretion of the Minister or immigration officer, as the case may be, and, subject to section 187(1)﻿(c)
a: a decision to grant the visa holder entry permission:
b: a decision to grant the visa holder entry permission, but to impose, vary, or cancel any conditions of the visa.
8: Subsection (7) does not limit or affect the right of the person to bring review proceedings.
9: Nothing in this section prevents the Minister, in his or her absolute discretion, from granting entry permission to a person as an exception to residence instructions.
109: Decisions on entry permission in relation to temporary entry class visa holders
1: The Minister or, subject to any special direction, an immigration officer may, in his or her discretion,—
a: grant the holder of a temporary entry class visa entry permission on the basis of his or her visa; or
b: in accordance with section 82
c: refuse the holder of a temporary entry class visa entry permission.
2: The Minister or an immigration officer may, in his or her discretion, grant the holder of a temporary entry class visa entry permission on the basis of his or her visa but impose further conditions, or vary or cancel any conditions that would otherwise apply to the visa.
3: The Minister may also, by special direction, impose further conditions on a temporary entry class visa subject to restricted temporary entry instructions, or vary or cancel any conditions that would otherwise apply to the visa, and grant the holder entry permission.
4: A decision under subsection (1) that relates to a temporary entry class visa of a type subject to restricted temporary entry instructions must be made in terms of the temporary entry instructions applicable at the time the person applied for the visa.
5: For the purposes of subsections (1) to (3), the following matters are matters for the discretion of the Minister or immigration officer, as the case may be, and no appeal lies against his or her decision, whether to a court, the Tribunal, the Minister, or otherwise:
a: a decision to grant the visa holder entry permission on the basis of the existing temporary entry class visa:
b: a decision to grant the visa holder entry permission on the basis of the existing temporary entry class visa, but to impose, vary, or cancel conditions relating to stay in New Zealand:
c: a decision to refuse the visa holder entry permission.
6: Subsection (5)
7: Nothing in this section prevents—
a: the Minister or an immigration officer, in his or her discretion, from granting entry permission to the holder of a temporary entry class visa (other than a holder of a temporary entry class visa of a type subject to restricted temporary entry instructions) as an exception to temporary entry instructions:
b: the Minister, in his or her absolute discretion, from granting entry permission to the holder of a temporary entry class visa of a type subject to restricted temporary entry instructions, as an exception to the restricted temporary entry instructions. Section 109(6) amended 7 May 2015 section 30 Immigration Amendment Act 2015
109A: Form of entry permission
1: Entry permission is granted by being entered and retained in the records (whether electronic or physical) of the Department in a manner determined by the chief executive.
2: Entry permission may (but need not) be evidenced by an endorsement in a passport or certificate of identity.
3: To avoid doubt, no electronic or physical record is required to be created for entry permission that is deemed to be granted by or under this Act. Section 109A inserted 7 May 2015 section 31 Immigration Amendment Act 2015
110: Applicant for entry permission to provide address
A person who applies for entry permission must provide a contact address and an address for service.
a:
b:
c: Section 110 amended 7 May 2015 section 32(1) Immigration Amendment Act 2015 Section 110(a) repealed 7 May 2015 section 32(2) Immigration Amendment Act 2015 Section 110(b) repealed 7 May 2015 section 32(2) Immigration Amendment Act 2015 Section 110(c) repealed 7 May 2015 section 32(2) Immigration Amendment Act 2015
111: Collection of biometric information
1: An immigration officer may require a person who applies for entry permission (irrespective of whether the application is still being considered, or whether entry permission has been granted or refused) to provide biometric information—
a: at any time before the person leaves the immigration control area, designated place, or prescribed place at which the application is made; and
b: if the application is not made in New Zealand, at any time before the person leaves the immigration control area or prescribed place at which he or she arrives in New Zealand.
2: If a person refuses to allow the biometric information to be collected, the Minister or an immigration officer may—
a: refuse to grant entry permission; or
b: revoke any entry permission already granted.
3: Entry permission may be revoked at any time before the person leaves the immigration control area, designated place, or prescribed place.
4: A revocation under this section is made by entry on the records of the Department, and takes effect immediately.
5: This section does not apply to persons who, in accordance with regulations made under section 400(l)
6: In this section, designated place section 383 Section 111 replaced 7 May 2015 section 33 Immigration Amendment Act 2015
112: Obligation to inform of all relevant facts, including changed circumstances
1: It is the responsibility of an applicant for entry permission to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made.
2: The Minister or immigration officer considering the application—
a: is not obliged to seek any further information, evidence, or submissions; and
b: may determine the application on the basis of the information, evidence, and submissions provided.
3: It is also the responsibility of an applicant for entry permission to inform the Minister or an immigration officer of any relevant fact, including any material change in circumstances that has occurred between the grant of a visa and the application for entry permission on the basis of that visa, if that fact or change in circumstances may affect the decision on the application.
4: Without limiting the scope of the expression material change in circumstances
5: Failure to comply with the obligation set out in subsection (3) must be treated as concealing relevant information section 157 158
6: It is sufficient grounds for the Minister or an immigration officer to refuse
a: in applying for entry permission, whether personally or through an agent, submitted false or misleading information or withheld relevant information that was potentially prejudicial to the grant of the permission; or
b: did not ensure that the Minister or an immigration officer was informed of any material change in circumstances (within the meaning of subsection (3)) between the time of being granted a visa and the time of applying for entry permission. Section 112(5) amended 7 May 2015 section 34(1) Immigration Amendment Act 2015 Section 112(6) amended 7 May 2015 section 34(2) Immigration Amendment Act 2015
113: Revocation of entry permission for administrative error
1: An immigration officer may revoke a person's entry permission if the immigration officer believes on reasonable grounds that the entry permission was granted as a result of an administrative error.
2: Entry permission may be revoked at any time before the person leaves the immigration control area where the error was made.
3: If the person has been granted entry permission outside New Zealand, entry permission may be revoked at any time before—
a: the person leaves the place designated by the chief executive under section 383
b: the person leaves the arrival hall of the airport or port at which he or she arrived in New Zealand.
4: A revocation under this section is made by entry on the records of the Department, and takes effect immediately.
113A: Revocation of deemed entry permission
2023-05-16 Immigration Act 2009 Section 113A is repealed at the close of 15 May 2023. Section 113A repealed the close of 15 May 2023 Turnaround provisions
114: Person failing to present and apply for entry permission
A constable may arrest a person, and present him or her to an immigration officer for the purposes of making decisions in relation to the person under this Act, if the constable has good cause to suspect that—
a: the person arrived in New Zealand from another country elsewhere than at an immigration control area or other prescribed place, and did not comply with the requirements of section 103
b: the person recently arrived in New Zealand from another country elsewhere than at an immigration control area or other prescribed place and will not comply with the requirements of section 103
c: the person arrived in New Zealand from another country at an immigration control area or other prescribed place and did not comply with the requirements of section 103 1987 No 74 s 126(6)
115: Arrest, detention, and turnaround of persons
1: This section applies to any person arriving in New Zealand from another country who—
a: is a person to whom a visa waiver applies and who fails to apply for a visa and entry permission or is refused a visa; or
b: is not a person to whom a visa waiver applies and is not the holder of a visa granted under this Act; or
c: holds a visa but—
i: the visa is subsequently cancelled under section 64(1)﻿(b), (c), (d), or (e)
ii: the visa is cancelled under section 67
d: is a stowaway; or
e: after arriving in New Zealand, is a person whose transit visa is cancelled by an immigration officer under section 90
f: is a transit passenger who holds a transit visa or is a person to whom a transit visa waiver applies, and the transit period concerned has expired.
2: The person—
a: is, for the purposes of this Act, unlawfully in New Zealand; and
b: does not have any rights of appeal on humanitarian grounds so long as this section applies to the person; and
c: is liable to be arrested and detained under Part 9
d: is liable for turnaround. Section 115(1)﻿(f) replaced 6 November 2015 section 35 Immigration Amendment Act 2015
116: When section 115 ceases to apply to person
1: Section 115
a: the expiry of 72 hours after the person (including a stowaway) first reports or presents to an immigration officer after arriving in New Zealand, unless that person is sooner arrested and detained or otherwise dealt with under Part 9
b: in the case of a person whose visa is deemed to be cancelled under section 64(1)﻿(d)﻿(ii) Part 9
c: the person being granted a visa and entry permission:
d: the expiry of a warrant of commitment issued under section 317 318 Part 9 section 315
e: in the case of a person detained under a mass arrival warrant issued under section 317B section 317 317E 318 323 Part 9 section 315
2: This section is subject to section 117
3: For the purposes of this section, a stowaway is deemed to arrive in New Zealand at the time when the craft on which the stowaway is travelling crosses into the territorial limits of New Zealand. 1987 No 74 s 128(1)–(5) Section 116(1)﻿(e) inserted 19 June 2013 section 17 Immigration Amendment Act 2013
117: When turnaround ceases to apply to person remanded in custody or imprisoned
1: Subsection (2) applies to a person who is—
a: liable for turnaround; and
b: remanded in custody for suspected criminal offending, or imprisoned in a prison for criminal offending.
2: The person remains liable for turnaround until the expiry of 72 hours after the person is released from custody or imprisonment.
3: Subsection (4) applies to a person who is liable for turnaround and who is arrested and detained not later than 72 hours after he or she has been released from custody or imprisonment for suspected criminal offending, or criminal offending.
4: The person remains liable for turnaround until the earliest
a: the person is granted a visa and entry permission:
b: the expiry of a warrant of commitment issued under section 317 318 Part 9 section 315
c: in the case of a person detained under a mass arrival warrant issued under section 317B section 317 317E 318 323 Part 9 section 315 Section 117(4) amended 19 June 2013 section 17 Immigration Amendment Act 2013 Section 117(4)﻿(c) inserted 19 June 2013 section 17 Immigration Amendment Act 2013 Obligations in relation to departure from New Zealand
118: Obligations of carriers, and persons in charge, of craft
1: The carrier, and the person in charge, of a craft leaving New Zealand have the following responsibilities:
a: to allow the following persons to board the craft for passage from New Zealand:
i: any person being deported:
ii: any person liable for turnaround:
b: in respect of such a person who is delivered to the craft by a constable or an immigration officer, to take all such reasonable steps (including the use of reasonable force) as may be necessary to detain that person on board the craft until it has left the territorial limits of New Zealand:
c: to report to an immigration officer immediately before the departure of the craft details of any crew member or person of a class prescribed for the purposes of this section who—
i: was on board the craft when it arrived in New Zealand; and
ii: is not then on board the craft.
2: The carrier of a craft leaving New Zealand also has the following responsibilities:
a: to provide passage from New Zealand at the cost in all respects of the carrier, or to bear the cost of passage from New Zealand by any other carrier, of any person—
i: who was on board the craft, or any other craft operated by the carrier, when it arrived in New Zealand and did not hold a visa permitting travel to New Zealand and who, on arrival in New Zealand, was—
A: refused a visa and entry permission; or
B: granted a visa and entry permission, but then had that entry permission revoked; or
ii: who arrived in New Zealand as a member of the crew of the craft, or of any other craft operated by the carrier, and who remained unlawfully in New Zealand after the departure of that craft:
b: to pay any costs incurred by the Crown in detaining and maintaining a person described in paragraph (a) pending the person's departure from New Zealand.
3: Subsections (1) and (2) are subject to any applicable special direction or to regulations made under section 400
4: The responsibility of the carrier and person in charge under subsection (1)﻿(a) is not affected by the class or type of seat available on the craft, but is subject to—
a: the safety of the craft; and
b: the safety of the other persons on the craft; and
c: in relation to a person being deported, an offer to pay the cost of passage having been received. 1987 No 74 s 125(3), (4), (5) Section 118(2)﻿(a)﻿(i) replaced 7 May 2015 section 36 Immigration Amendment Act 2015
119: Obligations of persons leaving New Zealand
1: Except as provided in regulations made under this Act, or in any special direction, every person leaving New Zealand has the following responsibilities:
a: to present himself or herself to an immigration officer at an immigration control area or any other prescribed place:
b: to comply with any direction of an immigration officer while at such an area or place:
c: to provide such information and complete such documentation as may be prescribed.
2: Where a person leaving New Zealand is, by reason of age or disability, incapable of complying with any of the requirements of subsection (1), it is the responsibility of the parent or guardian or other person for the time being having the care of that person to comply with those requirements on that person’s behalf. 1987 No 74 s 126(2), (3)
120: Persons other than New Zealand citizens leaving New Zealand to allow biometric information to be collected
1: A person leaving New Zealand who is not a New Zealand citizen must allow biometric information to be collected from him or her.
2: The requirement in subsection (1) does not apply if the person is exempt from providing the information in accordance with regulations made under section 400(l) Special provision for emergencies, etc
121: Persons deemed not to leave New Zealand in certain circumstances
1: For the purposes of this Act, a person is deemed not to leave New Zealand if he or she departs for another country on any craft and, before arriving in another country,—
a: is forced to return to New Zealand by reason of any emergency affecting the craft; or
b: returns to New Zealand because of any other emergency or circumstances beyond that person’s control.
2: Subsection (1) does not apply to a person liable for turnaround.
122: Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control
Subject to sections 15 and 16
a: before arriving in any other country is forced to return, or returns, to New Zealand by reason of any emergency affecting the craft, or because of any other emergency or circumstances beyond the person’s control; and
b: the person’s visa has expired, or is due to expire, at any time between the person’s departure from New Zealand and the date 14 days after the person’s return to New Zealand,— an immigration officer must, on application by the person, grant him or her a temporary entry class visa (current until a date not earlier than the 14th day following that return) and entry permission. 1987 No 74 s 127 Protection for carriers, and persons in charge, of craft
123: Protection for carriers, and persons in charge, of craft
A person who in good faith imposes reasonable measures, including restraint or reasonable force, on another person in accordance with his or her responsibilities under section 101 118 1987 No 74 s 125(9)
5: Refugee and protection status determinations
124: Purpose of Part
The purpose of this Part is to provide a statutory basis for the system by which New Zealand—
a: determines to whom it has obligations under the United Nations Convention Relating to the Status of Refugees and the Protocol Relating to the Status of Refugees; and
b: codifies certain obligations, and determines to whom it has these obligations, under—
i: the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment:
ii: the International Covenant on Civil and Political Rights. 1987 No 74 s 129A
125: Refugee or protection status to be determined under this Act
1: Every person who seeks recognition as a refugee in New Zealand under the Refugee Convention must have that claim determined in accordance with this Act.
2: Every person who seeks recognition as a protected person in New Zealand must have that claim determined in accordance with this Act.
3: Every question as to whether a person should continue to be recognised as a refugee in New Zealand or as a protected person in New Zealand must be determined in accordance with this Act.
4: Nothing in subsection (1) affects section 126 1987 No 74 s 129C
126: Recognition of refugees selected outside New Zealand
A person must be recognised as a refugee in New Zealand, without the need for submission and determination of a claim under this Part, if, whether before or after the commencement of this section, he or she has been—
a: recognised as a refugee outside New Zealand; and
b: brought to New Zealand under a government mandated programme on the basis of that recognition. 1987 No 74 s 129L(2)
127: Context for decision making
1: Every claim under this Part must be determined by a refugee and protection officer.
2: In carrying out his or her functions under this Act, a refugee and protection officer must act—
a: in accordance with this Act; and
b: to the extent that a matter relating to a refugee or a person claiming recognition as a refugee is not dealt with in this Act, in a way that is consistent with New Zealand's obligations under the Refugee Convention.
3: The text of the Refugee Convention is set out in Schedule 1 1987 No 74 s 129D
128: Matter not finally determined until expiry of appeal period or when appeal determined
A matter under this Part must not be treated as finally determined until—
a: the expiry of the appeal period for any appeal relating to the matter; or
b: if a person lodges an appeal, the appeal is determined. Claims for recognition as refugee or protected person
129: Recognition as refugee
1: A person must be recognised as a refugee in accordance with this Act if he or she is a refugee within the meaning of the Refugee Convention.
2: A person who has been recognised as a refugee under subsection (1) cannot be deported from New Zealand except in the circumstances set out in section 164(3)
130: Recognition as protected person under Convention Against Torture
1: A person must be recognised as a protected person in New Zealand under the Convention Against Torture if there are substantial grounds for believing that he or she would be in danger of being subjected to torture if deported from New Zealand.
2: Despite subsection (1), a person must not be recognised as a protected person in New Zealand under the Convention Against Torture if he or she is able to access meaningful domestic protection in his or her country or countries of nationality or former habitual residence.
3: For the purposes of determining whether there are substantial grounds for belief under subsection (1), the refugee and protection officer concerned must take into account all relevant considerations, including, if applicable, the existence in the country concerned of a consistent pattern of gross, flagrant, or mass violations of human rights.
4: A person who has been recognised as a protected person under subsection (1) cannot be deported from New Zealand except in the circumstances set out in section 164(4)
5: In this section, torture
131: Recognition as protected person under Covenant on Civil and Political Rights
1: A person must be recognised as a protected person in New Zealand under the Covenant on Civil and Political Rights if there are substantial grounds for believing that he or she would be in danger of being subjected to arbitrary deprivation of life or cruel treatment if deported from New Zealand.
2: Despite subsection (1), a person must not be recognised as a protected person in New Zealand under the Covenant on Civil and Political Rights if he or she is able to access meaningful domestic protection in his or her country or countries of nationality or former habitual residence.
3: For the purposes of determining whether there are substantial grounds for belief under subsection (1), the refugee and protection officer concerned must take into account all relevant considerations, including, if applicable, the existence in the country concerned of a consistent pattern of gross, flagrant, or mass violations of human rights.
4: A person who has been recognised as a protected person under subsection (1) cannot be deported from New Zealand except in the circumstances set out in section 164(4)
5: For the purposes of this section,—
a: treatment inherent in or incidental to lawful sanctions is not to be treated as arbitrary deprivation of life or cruel treatment, unless the sanctions are imposed in disregard of accepted international standards:
b: the impact on the person of the inability of a country to provide health or medical care, or health or medical care of a particular type or quality, is not to be treated as arbitrary deprivation of life or cruel treatment.
6: In this section, cruel treatment
132: Claims not to be accepted from certain persons
1: A refugee and protection officer must not consider a claim by a person who is—
a: a New Zealand citizen; or
b: a resident or permanent resident, unless—
i: the person has been served with a deportation liability notice; or
ii: the person is named in an Order in Council made under section 163
2: Nothing in this section affects the power of a refugee and protection officer to re-open a claim for further consideration under any of sections 143 to 147 1987 No 74 s 129K
133: How claim made
1: A claim is made as soon as a person signifies his or her intention to seek recognition as a refugee or a protected person in New Zealand to a representative of the Department or to a constable.
2: Once a claim is made, the claimant must, on request by a representative of the Department, confirm the claim in writing in the prescribed manner.
3: A claimant must as soon as possible endeavour to provide to a refugee and protection officer all information relevant to his or her claim, including—
a: a statement of the grounds for the claim seeking recognition as a refugee or a protected person; and
b: a statement of any grounds for any other potential claim seeking recognition as a refugee or a protected person.
4: If a claimant is aware that any member of his or her immediate family who is in New Zealand is seeking recognition as a refugee or a protected person, the claimant must, as soon as possible after making a claim, inform a refugee and protection officer and, if possible, state whether the family member's claim is on different grounds.
5: A claimant must provide a refugee and protection officer with a contact address and an address for service. 1987 No 74 s 129G(1)–(4) Section 133(5) replaced 7 May 2015 section 37 Immigration Amendment Act 2015
134: Whether to accept claim for consideration
1: In determining whether to accept a claim for consideration, a refugee and protection officer may take into account whether,—
a: in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for refugee status in another country:
b: in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for protection in another country:
c: 1 or more of the circumstances relating to the claim were brought about by the claimant—
i: acting otherwise than in good faith; and
ii: for a purpose of creating grounds for recognition under section 129
2: A refugee and protection officer may decline to accept a claim for consideration where,—
a: in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for refugee status in another country:
b: in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for protection in another country.
3: A refugee and protection officer must decline to accept for consideration a claim for recognition as a refugee if the officer is satisfied that 1 or more of the circumstances relating to the claim were brought about by the claimant—
a: acting otherwise than in good faith; and
b: for a purpose of creating grounds for recognition under section 129
4: For the purposes of determining the matter in subsection (3), the refugee and protection officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor.
5: In this section, international arrangement or agreement
a: between New Zealand and 1 or more other countries in respect of the processing of claims for refugee or protection status; and
b: that was entered into only after the Minister was satisfied that—
i: the country is a party to the Refugee Convention, the Convention Against Torture, and the Covenant on Civil and Political Rights; and
ii: the country has appropriate processes for dealing with refugee and protection claims.
135: Claimant responsible for establishing claim
1: It is the responsibility of a claimant to establish his or her claim for recognition under section 129 130 131
2: To this end, the claimant must ensure that, before a refugee and protection officer makes a determination on his or her claim, all information, evidence, and submissions—
a: that the claimant wishes to have considered in support of the claim are provided to the refugee and protection officer; and
b: that the claimant would wish to have considered in support of any other potential claim under section 129 130 131 1987 No 74 s 129G(5)
135A: Suspension of determination of claim
1: This section applies to a claim if the processing of the claim is suspended in accordance with regulations made under section 400
2: For the duration of the suspension, a refugee and protection officer must not—
a: determine the claim in accordance with sections 136 137
b: make a decision on the claim in accordance with section 138 Section 135A inserted 19 June 2013 section 7 Immigration Amendment Act 2013
136: How refugee and protection officer to determine claim
1: For the purpose of determining a claim, a refugee and protection officer must determine the matters set out in section 137
2: In doing so, the refugee and protection officer may seek information from any source, but is not obliged to seek any information, evidence, or submissions further to that provided by the claimant.
3: The refugee and protection officer may determine the procedures that will be followed on the claim, subject to—
a: this Part; and
b: any regulations made for the purposes of this Part; and
c: any general instructions given by the chief executive.
4: To avoid doubt, the refugee and protection officer may determine the claim on the basis only of the information, evidence, and submissions provided by the claimant concerned. 1987 No 74 s 129G(6), (7)
137: Matters to be determined by refugee and protection officer
1: For each claim accepted for consideration, a refugee and protection officer must determine, in the following order:
a: whether to recognise the claimant as a refugee on the ground set out in section 129
b: whether to recognise the claimant as a protected person on the ground set out in section 130
c: whether to recognise the claimant as a protected person on the ground set out in section 131
2: For each claim accepted for consideration, a refugee and protection officer must also determine, as part of the process in respect of a determination under subsection 1(b) or (c), whether there are serious reasons for considering that the claimant has—
a: committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or
b: committed a serious non-political crime outside New Zealand before entering New Zealand; or
c: been guilty of acts contrary to the purposes and principles of the United Nations.
3: To avoid doubt, a determination made under subsection (2)—
a: must not be used as grounds to refuse a claim by the person concerned for recognition as a protected person; and
b: is relevant only if the person is recognised as a protected person; and
c: if answered in the affirmative, requires the Minister to determine the immigration status of the protected person in accordance with section 139
4: For each claim accepted for consideration, a refugee and protection officer must also determine whether the claimant has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand.
5: To avoid doubt, a refugee and protection officer—
a: in determining the matters specified in this section, may make findings of credibility or fact:
b: must determine all the matters described in subsections (1), (2), and (4), regardless of whether the claim was made only on 1 or 2 of the 3 grounds set out in sections 129 to 131
138: Decision on claim
1: A refugee and protection officer must recognise a person as—
a: a refugee if satisfied that the grounds for recognition in section 129
b: a protected person if satisfied that the grounds for recognition in section 130 131
2: Despite subsection (1), a refugee and protection officer may refuse to recognise a person as a refugee or a protected person if he or she is satisfied that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand.
3: The decision of the refugee and protection officer is final, unless overturned by the Tribunal on appeal under section 194
4: The refugee and protection officer must notify the claimant, in the prescribed manner, of—
a: the officer’s decision on the claim; and
b: the reasons for the decision, which must contain the information required under section 23
c: the officer’s determination in relation to section 137(2)
d: the claimant’s right of appeal to the Tribunal, where a claim for recognition on any ground has been declined.
5: Once a decision on a claim is made and notified to a claimant, any refugee and protection officer may, in his or her absolute discretion, re-open the claim for further consideration under any of sections 143 to 147 1987 No 74 s 129I
139: Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts
The Minister must make any decision about a protected person’s immigration status if a refugee and protection officer has determined under section 137(2)
140: Limitation on subsequent claims
1: A refugee and protection officer must not consider a subsequent claim for recognition as a refugee or a protected person
a: that there has been a significant change in circumstances material to the claim since the previous claim was determined; and
b: the change in 1 or more of the circumstances was not brought about by the claimant—
i: acting otherwise than in good faith; and
ii: for a purpose of creating grounds for recognition under any of sections 129 to 131
2: For the purposes of determining the matter in subsection (1), the refugee and protection officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor.
3: A refugee and protection officer may refuse to consider a subsequent claim for recognition as a refugee or a protected person if the officer is satisfied that the claim—
a: is manifestly unfounded or clearly abusive; or
b: repeats any claim previously made (including a subsequent claim). 1987 No 74 s 129J Section 140(1) amended 19 June 2013 section 8(1) Immigration Amendment Act 2013 Section 140(1)﻿(b)﻿(ii) amended 19 June 2013 section 8(2) Immigration Amendment Act 2013 Section 140(3)﻿(b) replaced 19 June 2013 section 8(3) Immigration Amendment Act 2013
141: Procedure on subsequent claims
1: The procedures specified in sections 135 to 139 section 195
2: In a subsequent claim, a claimant may not challenge any finding of credibility or fact made by a refugee and protection officer (or by a refugee status officer under the former Act) or the Tribunal (or by the Refugee Status Appeals Authority under the former Act) in relation to a previous claim by the claimant, and the refugee and protection officer determining the subsequent claim may rely on those findings.
142: Claim treated as withdrawn if claimant leaves New Zealand
If a claimant leaves New Zealand, his or her claim (including any subsequent claim) under this Part must be treated as withdrawn. 1987 No 74 s 129V Cessation or cancellation of recognition
143: Cessation of recognition as refugee or protected person
A refugee and protection officer may cease to recognise a person as a refugee or a protected person, as the case may be, if—
a: 1 of the following applies:
i: the original determination to recognise the person as a refugee or a protected person was made by a refugee and protection officer; or
ii: the original determination to recognise the person as a refugee was made under the former Act by a refugee status officer or before 1 October 1999; or
iii: the person was recognised as a refugee outside New Zealand and has travelled to New Zealand under a government mandated programme on the basis of that recognition; and
b: 1 or more of the following apply:
i: the Refugee Convention has ceased to apply to the person in terms of Article 1C:
ii: there are no longer substantial grounds for believing that the person, if deported from New Zealand, would be in danger of being subjected to torture (as defined in section 130(5)
iii: there are no longer substantial grounds for believing that the person, if deported from New Zealand, would be in danger of being subjected to arbitrary deprivation of life or cruel treatment (as defined in section 131(6)
144: Application to Tribunal for cessation of recognition as refugee or protected person
1: A refugee and protection officer may apply to the Tribunal for a determination as to whether a person's recognition as a refugee or a protected person should cease if the original determination to recognise the person as a refugee or a protected person was made by the Tribunal (or by the Refugee Status Appeals Authority under the former Act).
2: On an application made under subsection (1), the Tribunal may cease to recognise a person as a refugee or a protected person if 1 or more of the circumstances referred to in section 143(b)
145: Cancellation of New Zealand citizen's recognition as refugee or protected person
A refugee and protection officer may cancel the recognition of a New Zealand citizen as a refugee or a protected person, as the case may be, if—
a: 1 of the following applies:
i: the original determination to recognise the person as a refugee or a protected person was made by a refugee and protection officer; or
ii: the original determination to recognise the person as a refugee was made under the former Act by a refugee status officer or before 1 October 1999; or
iii: the person was recognised as a refugee outside New Zealand and has travelled to New Zealand under a government mandated programme on the basis of that recognition; and
b: 1 or more of the following apply in respect of the person:
i: the refugee and protection officer has determined that the recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:
ii: the person has been convicted of an offence where it is established that the person acquired recognition as a refugee or a protected person by fraud, forgery, false or misleading representation, or concealment of relevant information:
iii: the refugee and protection officer has determined that the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer (or a refugee status officer under the former Act) for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and
c: the refugee and protection officer has determined that the person is not a refugee or a protected person.
146: Cancellation of person's recognition as refugee or protected person (other than New Zealand citizen)
1: A refugee and protection officer may cancel the recognition of a person who is not a New Zealand citizen as a refugee or a protected person, as the case may be, if—
a: 1 of the following applies:
i: the original determination to recognise the person as a refugee or a protected person was made under this Act; or
ii: the original determination to recognise the person as a refugee was made under the former Act or before 1 October 1999; or
iii: the person was recognised as a refugee outside New Zealand and has travelled to New Zealand under a government mandated programme on the basis of that recognition; and
b: 1 or more of the circumstances referred to in section 145(b)
c: the refugee and protection officer has determined that the person is not a refugee or a protected person.
2: A person whose recognition as a refugee or a protected person is cancelled under this section—
a: is liable for deportation under section 162
b: has the rights of appeal set out in subsection (2) of that section.
147: Application to Tribunal for cancellation of New Zealand citizen's recognition as refugee or protected person
1: A refugee and protection officer may apply to the Tribunal for a determination as to whether the recognition of a New Zealand citizen as a refugee or a protected person should be cancelled if—
a: the original determination to recognise the person as a refugee or a protected person was made by the Tribunal; or
b: the original determination to recognise the person as a refugee was made by the Refugee Status Appeals Authority under the former Act.
2: On an application made under subsection (1), the Tribunal may cancel the recognition of a New Zealand citizen as a refugee or a protected person, as the case may be, if—
a: 1 or more of the following apply in respect of the person:
i: the Tribunal has determined that the recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information; or
ii: the person has been convicted of an offence where it is established that the person acquired recognition as a refugee or a protected person by fraud, forgery, false or misleading representation, or concealment of relevant information; or
iii: the Tribunal has determined that the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by the Tribunal or the Refugee Status Appeals Authority for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and
b: the Tribunal has determined that the person is not a refugee or a protected person.
148: Procedures to be followed when refugee and protection officer making determination under section 143, 145, or 146
When making a determination under section 143 145 146
a: a refugee and protection officer must notify the person concerned of the matter that is being considered; and
b: sections 135 136(3) 138(4)﻿(a), (b), and (d) 138(5) 149 Miscellaneous matters
149: Powers of refugee and protection officers
1: In carrying out his or her functions under this Part in relation to a claimant or to a person whose recognition as a refugee or a protected person is being investigated, a refugee and protection officer may—
a: require the person to supply such information, and within such times, as the officer reasonably requires:
b: require the person to produce such documents in the person’s possession or within the person’s ability to obtain as the officer requires:
c: inform the person that any other person may be required to produce or disclose relevant documents or information relating to the person, and require the other person to produce or disclose, as the case may be, any relevant documents or information relating to the person:
d: if the officer has good cause to suspect that a person other than the person concerned has in his or her or its
e: require the person to allow biometric information to be collected from him or her:
f: require the person to attend an interview:
g: seek information from any source:
h: determine the claim or matter on the basis of the information, evidence, and submissions provided by the person.
2: A person who is requested to produce a document under subsection (1)﻿(d) is not entitled to refuse to comply with the request by reason only that the person concerned has a lien over the document.
3: If a claimant, or a person whose recognition as a refugee or a protected person is being investigated, is detained in custody, a refugee and protection officer may require the person having custody of that person to—
a: provide the refugee and protection officer with access to the place where the person is being detained; and
b: produce the person for interview; and
c: make appropriate facilities available for the interview.
4: Where a person who is required to attend an interview fails to attend at the appointed time and place, the refugee and protection officer may determine the claim or matter without conducting the interview. 1987 No 74 s 129H Section 149(1)﻿(d) amended 7 May 2015 section 38 Immigration Amendment Act 2015
150: Special provision relating to claimants granted temporary visas
1: This section applies to any person who—
a: is a claimant to whom a temporary entry class visa has been granted, whether before or after the person became a claimant; or
b: having been a person to whom paragraph (a) applies, ceases to be a claimant by virtue of his or her claim being declined.
2: A person to whom this section applies may not, either before or after the expiry of the temporary entry class visa,—
a: apply for a further visa of any class or type while in New Zealand; or
b: while in New Zealand, request a special direction or make a request for the grant of a visa under section 61
c: bring any appeal under section 187
3: Despite subsection (2)﻿(a), a claimant may apply for a further temporary visa for such period as may be required for the claimant to be lawfully in New Zealand while his or her claim is determined.
4: Nothing in this section prevents a person from bringing an appeal to the Tribunal under section 206
5: This section ceases to apply to a person if and when—
a: the person is recognised as a refugee or a protected person; or
b: the person leaves New Zealand; or
c: the person is granted a visa (other than a temporary visa granted under the exception referred to in subsection (3)). 1987, No 74 s 129U
151: Confidentiality to be maintained in respect of claimants, refugees, and protected persons
1: Confidentiality as to the fact that a person is a claimant, a refugee, or a protected person, and as to the particulars relating to the person's claim or status, must at all times during and subsequent to the determination of the claim or other matter be maintained by all persons and, in a particular case, may require confidentiality to be maintained as to the very fact or existence of a claim or case, if disclosure of its fact or existence would—
a: tend to identify the person concerned; or
b: be likely to endanger the safety of any person.
2: Despite subsection (1), the fact of a claim or particulars relating to a claim may be disclosed—
a: for the purposes of determining the claim or matter, administering this Act, or determining any obligations, requirements, or entitlements of the claimant or other person concerned under any other enactment; or
b: for the purposes of the maintenance of the law, including for the prevention, investigation, and detection of offences in New Zealand or elsewhere; or
c: to the United Nations High Commissioner for Refugees (or a representative of the High Commissioner); or
d: if the particulars relating to a claim are published in a manner that is unlikely to allow identification of the person concerned (whether in a published decision of the Tribunal under clause 19
e: if, in the circumstances of the particular case, there is no serious possibility that the safety of the claimant or any other person would be endangered by the disclosure of the information.
3: In determining whether information may be released under subsection (2)﻿(e), the person considering whether to disclose the information may have regard to the protections that the person, agency, or body to whom the information is disclosed may apply to the information, including—
a: any applicable requirements of the Privacy Act 2020
b: any orders of the Tribunal or other court; and
c: any protection mechanisms that the person, agency, or body itself must or may apply.
4: If, in relation to a claim or particulars relating to a claim, the test in subsection (2)﻿(e) is satisfied (the person concerned having considered the matters in subsection (3)),—
a: the chief executive may publish the decision of a refugee and protection officer relating to the claim if the chief executive determines that, in the circumstances of the particular case, it is in the public interest to do so:
b: the Attorney-General may, subject to any orders of the Tribunal, publish the decision of the Tribunal relating to the claim if the Attorney-General determines that, in the circumstances of the particular case, it is in the public interest to do so.
5: To avoid doubt,—
a: a refugee and protection officer may disclose information under subsection (2)﻿(a) when carrying out his or her functions under section 136(2) 149(1)﻿(c) or (g)
b: the chief executive may disclose information under subsection (2)﻿(a) when collecting information on behalf of the Tribunal under section 229
c: the Tribunal may disclose information under subsection (2)﻿(a) when carrying out its functions under section 228 clause 10(1)﻿(b) and (c)
d: for the purposes of determining a claim, or cancelling the recognition of, or ceasing to recognise, a person as a refugee or a protected person, information may be disclosed under subsection (2)﻿(a).
6: Nothing in this section prevents the disclosure of the fact that a person is a claimant, a refugee, or a protected person, or disclosure of particulars in relation to a claimant, a refugee, or a protected person, to the extent that the person concerned—
a: has expressly waived his or her right to confidentiality under this section; or
b: by his or her words or actions, impliedly waived his or her right to confidentiality under this section. Section 151(3)﻿(a) amended 1 December 2020 section 217 Privacy Act 2020
152: Disclosure of information about claimant, refugee, or protected person by government agencies
1: An officer or employee of any government agency may, for the purpose of assisting a refugee and protection officer or the Tribunal to determine a claim or investigate a matter involving a claimant or a refugee or a protected person in New Zealand, disclose information about that claimant, refugee, or person to the refugee and protection officer or the Tribunal.
2: When requesting the assistance, the refugee and protection officer or the Tribunal must—
a: inform the other officer or employee of the requirements of confidentiality in section 151
b: require that officer or employee not to disclose information of the kind described in section 151(1)
3: To avoid doubt, a refugee and protection officer or the Tribunal does not breach section 151
6: Deportation
153: Purpose of Part
1: The purpose of this Part is to support the integrity of New Zealand's immigration system and the security of New Zealand by providing for the deportation of certain persons from New Zealand.
2: To this end, this Part—
a: specifies when a person is liable for deportation; and
b: specifies how that liability must be communicated to the person; and
c: sets out the consequences of the liability for the person; and
d: specifies the only situations in which an appeal right exists in respect of that liability; and
e: provides for the person's deportation to be executed without the need for further inquiries if no appeal is made or an appeal is unsuccessful. Liability for deportation
154: Deportation liability if person unlawfully in New Zealand
1: A person unlawfully in New Zealand is liable for deportation.
2: A person unlawfully in New Zealand may, not later than 42 days after first becoming unlawfully in New Zealand, appeal on humanitarian grounds against his or her liability for deportation.
3: Subsection (2) applies except if subsection (4) or (5)
4: If the person is unlawfully in New Zealand following an unsuccessful reconsideration under section 185
a: the day on which the person became unlawfully in New Zealand; or
b: the day on which the person received confirmation of the decision to decline his or her visa application.
5: A person is not entitled to an appeal under subsection (2) if—
a: the person is unlawfully in New Zealand following the cancellation of the person's visa under section 64(1)﻿(ab)
b: the person has already had an opportunity (whether exercised or not) to appeal against his or her liability for deportation. Section 154(3) amended 7 May 2015 section 39(1) Immigration Amendment Act 2015 Section 154(5) inserted 7 May 2015 section 39(2) Immigration Amendment Act 2015
155: Deportation liability if person's visa granted in error
1: A person is liable for deportation if—
a: the Minister or an immigration officer determines that the person's visa was granted as a result of an administrative error; and
b: the visa was not cancelled under section 67
c: no visa was granted to the person under section 68
2: The holder of a temporary visa or interim visa to whom this section applies has 14 days from the date of service of a deportation liability notice to give good reason why he or she should not be deported.
3: Subsection (2) does not apply if—
a: the person is the holder of a limited visa; or
b: the Minister or an immigration officer determines that the person is an excluded person.
4: A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation—
a: on the facts and on humanitarian grounds, if the person holds a residence class visa; or
b: on humanitarian grounds only, in the case of a person holding a temporary visa or an interim visa.
5: However, subsection (4) does not apply if the person is liable for deportation under this section because the person re-entered New Zealand while he or she was subject to a period of prohibition on entry. Section 155(5) inserted 7 May 2015 section 40 Immigration Amendment Act 2015
156: Deportation liability if visa held under false identity
1: A person is liable for deportation if—
a: the person is convicted of an offence where the identity of the person is established, and that identity is different to the identity under which the person holds a visa; or
b: the Minister determines that the person holds a visa under a false identity.
2: If a person is liable for deportation under this section and the visa is a temporary visa or interim visa,—
a: the person may appeal to the Tribunal on humanitarian grounds not later than 42 days after first becoming unlawfully in New Zealand; and
b: if subsection (1)﻿(b) applies, the person has 14 days from the date of service of a deportation liability notice to give good reason why the deportation should not proceed.
3: If a person is liable for deportation under this section and the visa is a residence class visa,—
a: the person may appeal to the Tribunal on humanitarian grounds not later than 42 days after first becoming unlawfully in New Zealand; and
b: if subsection (1)﻿(b) applies, the person may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal on the facts against his or her liability for deportation.
4: For the purposes of subsections (2) and (3), a person to whom a visa has been granted in a false identity is deemed to have been unlawfully in New Zealand since—
a: the date the person arrived in New Zealand, if he or she has held a visa in a false identity since that date; or
b: the day after the date on which a visa granted in the person's actual identity expired, or was cancelled without another visa being granted, if he or she has held a visa in his or her actual identity after arriving in New Zealand.
157: Deportation liability of temporary entry class visa holder for cause
1: A temporary entry class visa holder is liable for deportation if the Minister determines that there is sufficient reason to deport the temporary entry class visa holder.
2: The person has 14 days from the date of service of the deportation liability notice to give good reason why deportation should not proceed.
3: Subsection (2) does not apply if—
a: the person is the holder of a limited visa; or
b: the Minister determines that the person is an excluded person.
4: A temporary visa holder or interim visa holder who is liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal on humanitarian grounds against his or her liability for deportation.
5: For the purposes of subsection (1), sufficient reason
a: breach of conditions of the person’s visa:
b: criminal offending:
c: other matters relating to character:
d: concealing
e: a situation where the person’s circumstances no longer meet the rules or criteria under which the visa was granted. Section 157(5)﻿(d) amended 7 May 2015 section 41 Immigration Amendment Act 2015
158: Deportation liability of residence class visa holder
due to
1: A residence class visa holder is liable for deportation if—
a: the person is convicted of an offence where it is established that—
i: any of the information provided in relation to the person's application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or
ii: any of the information provided in relation to the person's, or any other person’s, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed; or
b: the Minister determines that—
i: any of the information provided in relation to the person's application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or
ii: any of the information provided in relation to the person's, or any other person’s, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed.
1A: Subsection (1) applies—
a: whether or not the person holding the residence class visa is the person who—
i: provided the information that is established or determined to be fraudulent, forged, false, or misleading; or
ii: concealed the relevant information that is established or determined to have been concealed; and
b: whether the visa was granted before or after this subsection came into force.
2: A former citizen who is deemed by section 75
a: the person was deprived of his or her New Zealand citizenship under section 17
b: that fraud, false representation, or wilful concealment of relevant information occurred in the context of procuring the immigration status that enabled the person to meet a requirement, or requirements, for the grant of New Zealand citizenship.
3: A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation—
a: on humanitarian grounds only, if subsection (1)﻿(a) or (2) applies:
b: on the facts and on humanitarian grounds, if subsection (1)﻿(b) applies.
4: If section 156 section 156 Section 158 heading amended 7 May 2015 section 42(1) Immigration Amendment Act 2015 Section 158(1) replaced 7 May 2015 section 42(2) Immigration Amendment Act 2015 Section 158(1A) inserted 7 May 2015 section 42(2) Immigration Amendment Act 2015
159: Deportation liability of resident if visa conditions breached
1: A resident is liable for deportation if the Minister determines that—
a: the conditions of his or her visa have not been met; or
b: the resident has materially breached the conditions of his or her visa.
2: A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal both on the facts and on humanitarian grounds against his or her liability for deportation.
160: Deportation liability of residence class visa holder if new information as to character becomes available
1: A residence class visa holder is liable for deportation if, not later than 5 years after the date the person first held a residence class visa,—
a: new information becomes available that—
i: relates to the character of the person; and
ii: was relevant at the time the visa was granted; and
b: the Minister determines that the person would not have been eligible for the grant of the visa under this Act or immigration instructions if that information had been available at the time the visa was granted.
2: For the purposes of subsection (1), the new information may relate to whether the person was, or should have been, an excluded person, or to rules and criteria relating to character contained within immigration instructions.
3: A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal both on the facts and on humanitarian grounds against his or her liability for deportation.
4: For the purposes of subsection (1), the date that a person first held a residence class visa must be calculated in accordance with section 161(5)
161: Deportation liability of residence class visa holder convicted of criminal offence
1: A residence class visa holder is liable for deportation if he or she is convicted, in New Zealand or elsewhere,—
a: of an offence for which the court has the power to impose imprisonment for a term of 3 months or more if the offence was committed at any time—
i: when the person was unlawfully in New Zealand; or
ii: when the person held a temporary entry class visa; or
iii: not later than 2 years after the person first held a residence class visa; or
b: of an offence for which the court has the power to impose imprisonment for a term of 2 years or more, if the offence was committed not later than 5 years after the person first held a residence class visa; or
c: of an offence and sentenced to imprisonment for a term of 5 years or more (or for an indeterminate period capable of running for 5 years or more), if the offence was committed not later than 10 years after the person first held a residence class visa ; or
d: of an offence against section 350(1)﻿(a) 351
2: A person liable for deportation under this section may, not later than 28 days after being served with a deportation liability notice, appeal to the Tribunal—
a: on humanitarian grounds against his or her liability for deportation; and
b: if he or she is a refugee or a protected person, against any decision of a refugee and protection officer that he or she may be deported.
3: For the purposes of subsection (1)﻿(a)﻿(iii), (b), (c), and (d)
4: Subsection (1)﻿(c) applies—
a: whether the sentence is of immediate effect or is deferred or is suspended in whole or in part:
b: if a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the person had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences:
c: if a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.
5: For the purposes of this section and section 160(1)
a: on the date on which the person is first granted a residence class visa of any type in New Zealand; or
b: if the visa was granted outside of New Zealand, on the first occasion on which the person arrives in New Zealand and is granted entry permission as the holder of the residence class visa; or
c: if the person arrives in New Zealand and is granted entry permission as the holder of a residence class visa following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand after the continuous period of absence; or
d: if the person is a person to whom a visa waiver applies and arrives in New Zealand following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand (and is granted a residence class visa) after the continuous period of absence.
6: Subsection (7) applies to a person if he or she—
a: was exempt from the requirement to hold a permit under the former Act; but
b: is deemed to hold a residence class visa under section 417(3)
7: For the purposes of this section, the person first holds a residence class visa—
a: on the date he or she first entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act; or
b: on the date he or she first re-entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act following a continuous period of absence from New Zealand of at least 5 years. 1987 No 74 s 91(1), (4), (6) Section 161(1)﻿(c) amended 7 May 2015 section 43(1) Immigration Amendment Act 2015 Section 161(1)﻿(d) inserted 7 May 2015 section 43(2) Immigration Amendment Act 2015 Section 161(3) amended 7 May 2015 section 43(3) Immigration Amendment Act 2015
162: Deportation liability if refugee or protection status cancelled under section 146
1: A person who is not a New Zealand citizen and who was previously recognised as a refugee or a protected person is liable for deportation if his or her recognition is cancelled under section 146
2: The person may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation—
a: on humanitarian grounds only, if the person has been convicted of an offence where it is established that he or she acquired recognition as a refugee or a protected person by fraud, forgery, false or misleading representation, or concealment of relevant information; or
b: on the facts and on humanitarian grounds, in any other case. 1987 No 74 s 129L(1)﻿(c)
163: Deportation liability of persons threatening security
1: Where the Minister certifies that a person constitutes a threat or risk to security, the Governor-General may, by Order in Council, order the deportation from New Zealand of that person.
2: The person named in the order is accordingly liable for deportation.
3: The Governor-General may, by Order in Council, revoke an order made under subsection (1). 1987 No 74 ss 72 73
164: Limitation on deportation of persons recognised or claiming recognition as refugee or protected person
1: No person who is recognised as a refugee or a protected person in New Zealand, or who is a claimant, may be deported under this Act.
2: Subsection (1) applies despite anything in this Part, but subject to subsections (3) and (4).
3: A refugee or a claimant for recognition as a refugee may be deported but only if Article 32.1 or 33 of the Refugee Convention allows the deportation of the person.
4: A protected person may be deported to any place other than a place in respect of which there are substantial grounds for believing that the person would be in danger of being subjected to—
a: torture (as defined in section 130(5)
b: arbitrary deprivation of life or cruel treatment (as defined in section 131(6)
5: A refugee and protection officer must determine the matter in subsection (3) or (4), and section 148
165: Immigration officer must have regard to certain matters when dealing with claimants, refugees, or protected persons
An immigration officer must have regard to Part 5 Schedule 1
166: Limitation on deportation of diplomats, etc
Despite anything in this Part, no person who is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 section 10D(2)﻿(d) Consular Privileges and Immunities Act 1971
167: Period of deportation liability
1: Residence class visa holders remain liable for deportation for a period of 10 years following the arising of the liability for deportation.
2: The period of 10 years in subsection (1) must be calculated exclusive of—
a: any time spent by the person in imprisonment following conviction for any offence:
b: any period of time when the person’s liability for deportation is suspended by the Minister under section 172 section 212
3: To avoid doubt, a person liable for deportation under section 154
168: Liability for deportation when person outside New Zealand
1: A person may become liable for deportation under any of sections 155 to 163 Part 7
2: Subsection (3) applies to a person who—
a: is outside New Zealand; and
b: is liable for deportation; and
c: holds a visa.
3: The person may—
a: appeal against his or her liability for deportation; and
b: travel to New Zealand during the period in which the appeal can be made; and
c: if the person does appeal, travel to New Zealand pending the determination of the appeal.
169: Effect of being liable for deportation
1: A person liable for deportation may not—
a: apply for a visa, if he or she is unlawfully in New Zealand; or
b: apply for a further visa of a different class or type, if he or she currently holds a visa.
2: However, the Minister or an immigration officer may, in his or her absolute discretion, grant a visa of a different class or type to a person to whom subsection (1)﻿(b) applies.
3: While a person is liable for deportation, the processing of any application by the person for a visa of a different class or type must be suspended.
3A: However, nothing in subsection (3) prevents the processing of any application referred back to the Minister or the chief executive by the Tribunal under section 188(1)﻿(d) or (e)
4: While a person is liable for deportation, the processing of any application by the person for the grant of New Zealand citizenship under section 8 section 7(1)﻿(b)﻿(ii) Section 169(3A) inserted 7 May 2015 section 44 Immigration Amendment Act 2015 Notification of liability for deportation
170: Deportation liability notice
1: A deportation liability notice must be served on a person liable for deportation if it is intended to execute the deportation of the person.
2: Subsection (1) applies unless—
a: the person is liable for deportation on the grounds of being unlawfully in New Zealand; or
b: the person is named in a deportation order under section 163
3: If a deportation liability notice is served by way of personal service, it may be served only by an immigration officer or by another person on behalf of an immigration officer. Section 170(3) replaced 7 May 2015 section 45 Immigration Amendment Act 2015
171: Contents of deportation liability notice
A deportation liability notice must be signed by the Minister or an immigration officer and state—
a: the provision
b: the ground or grounds on which liability for deportation arose:
c: if applicable, the right to give good reason, not later than 14 days after the date of service of the notice, as to why deportation should not proceed, and who that reason must be given to:
d: whether there is a right of appeal against liability for deportation and, if so,—
i: what it is:
ii: how to exercise the right of appeal:
iii: the time limit for lodging the appeal:
e: the length or period of prohibition on entry to New Zealand that the person named in the notice may become subject to:
f: the consequences of attempting to return to New Zealand during the prohibition:
g: the requirement to repay any costs to the Crown of deportation:
h: if applicable, that a refugee and protection officer has determined that deportation of the person is not prohibited under section 164
i: if applicable, the grounds on which liability for deportation has been reactivated under section 172(3) 212(3) Section 171(a) amended 7 May 2015 section 46 Immigration Amendment Act 2015 Cancellation or suspension of deportation liability
172: Minister may cancel or suspend liability for deportation
1: The Minister may at any time, by written notice, cancel a person’s liability for deportation.
2: The Minister may at any time, by written notice (a suspension notice
a: for a period not exceeding 5 years; and
b: subject to the visa holder complying with any conditions stated in the notice (which take effect from the date specified in the notice, being a date not earlier than the date of notification).
2A: The Minister may exercise his or her powers under this section whether or not the person who is liable for deportation—
a: has given good reason under section 155(2) 156(2)﻿(b) 157(2)
b: has purported to apply to the Minister for any other reason.
3: Where a person fails to comply with the conditions stated in a suspension notice
a: the Minister may reactivate the person's liability for deportation by causing a deportation liability notice (a reactivation notice
b: subject to section 175A(4)
i: lodge an appeal with the Tribunal on the grounds specified in section 155 156 158 159 160 161, 162 section 173A(2)
ii: leave New Zealand.
4: In the case of a person who has appealed against his or her liability for deportation, the Minister must notify the Tribunal if the person’s liability for deportation is cancelled, suspended, or reactivated under subsection (1), (2), or (3)﻿(a).
5: The decision to cancel or suspend a person’s liability for deportation is in the absolute discretion of the Minister.
6: In the case of a person in imprisonment, the period referred to in subsection (2) commences on the date of the person’s release.
7: The cancellation or suspension of a person’s liability for deportation does not prevent the person from becoming liable for deportation on other grounds. Section 172(2) amended 24 October 2019 section 66(1) Statutes Amendment Act 2019 Section 172(2A) inserted 7 May 2015 section 47(1) Immigration Amendment Act 2015 Section 172(3) amended 24 October 2019 section 66(2) Statutes Amendment Act 2019 Section 172(3)﻿(a) amended 24 October 2019 section 66(3) Statutes Amendment Act 2019 Section 172(3)﻿(b) replaced 24 October 2019 section 66(4) Statutes Amendment Act 2019
173: Right of victims to make submissions on suspension or cancellation of liability for deportation
1: In determining whether to cancel or suspend a person’s liability for deportation, the Minister must have regard to any written submissions made by a victim of an offence or offences of which the person who is liable for deportation has been convicted and from which his or her liability for deportation arises.
2: The Minister must, on a request for the purpose, make available to a lawyer or agent (if any) who is acting for the person who is liable for deportation a copy of all written submissions made by the victim.
3: The Minister, or a lawyer or agent acting for the person, must, on a request for the purpose, show the person a copy of all written submissions made by the victim. However, the person may not keep a copy of any of those submissions.
4: Despite subsections (2) and (3), the Minister may withhold from the person and every lawyer or agent (if any) acting for the person any part of the victim’s written submissions if, in the Minister’s opinion, the withholding of that part is necessary to protect the physical safety or security of the victim concerned.
5: Despite subsection (1), the Minister must not have regard to any part of the victim’s submissions that is withheld under subsection (4).
6: In this section, victim section 29 1987 No 74 s 93A
173A: Person may defer lodging appeal against liability for deportation
1: This section applies to a residence class visa holder who is—
a: liable for deportation under section 155 156 158 159 160 161 162
b: entitled to appeal to the Tribunal on the grounds specified in any one of those provisions; and
c: served with a suspension notice under section 172(2)
2: The person may defer lodging an appeal with the Tribunal against their liability for deportation until the person is served with a reactivation notice under section 172(3)
3: If the person chooses to lodge an appeal with the Tribunal after being served with a reactivation notice, the time periods specified in sections 155(4) 156(3) 158(3) 159(2) 160(3) 161(2) 162(2) Section 173A inserted 24 October 2019 section 67 Statutes Amendment Act 2019
174: Effect of suspension
1: Where a person’s liability for deportation is suspended by the Minister under section 172
a: the person may not apply for a visa of a different class or type; and
b: the processing of any application made by the person for a visa of a different class or type must be suspended; and
c: subject to sections 9 10 section 7(1)﻿(b)﻿(i)
2: If the Minister determines that a person has met the conditions stated by the Minister under section 172(2)
a: cancel the person's liability for deportation; and
b: notify the person and the Tribunal of that fact. Deportation
175: Service of deportation order
1: A deportation order may be served on a person who is liable for deportation on or after the date or time specified in section 175A
2: However, a deportation order may be served on an earlier date, if requested by the person liable for deportation.
3: A deportation order may only be served by an immigration officer (or by another person on behalf of an immigration officer) or a constable.
4: A deportation order may only be served on a person outside New Zealand if the person still holds a visa. Section 175 replaced 7 May 2015 section 48 Immigration Amendment Act 2015
175A: Time when deportation order may be served
1: Where a person has a right to give good reason why deportation should not proceed, the first day on which a deportation order may be served on the person is,—
a: if the person does not provide submissions as to good reason why deportation should not proceed, the day that is 15 days after the date of service of a deportation liability notice on the person; or
b: if the person provides submissions as to good reason why deportation should not proceed, and the person to whom the submissions are provided determines that deportation should continue, the day after the person is notified of that determination.
2: Where a person has a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is—
a: the day after the expiry of the period for lodging an appeal, if the person has not lodged an appeal:
b: where the person has lodged an appeal to the Tribunal,—
i: if the appeal is withdrawn, the day after the withdrawal:
ii: if the liability for deportation is upheld, the day that is 28 days after the Tribunal determines the appeal (but subject to paragraph (c)):
c: where the person has applied under section 245
i: if the application for leave is withdrawn, the day after the withdrawal:
ii: if the High Court refuses leave to appeal, on the day after the expiry of the period for lodging an application for leave to the Court of Appeal in accordance with the rules of the Court of Appeal (but subject to subparagraph (iii)):
iii: if the person applies to the Court of Appeal for leave and leave is refused, the day after the person is notified of the Court of Appeal’s refusal:
iv: if the application for leave is granted but the appeal is withdrawn, the day after the withdrawal:
v: if the application for leave is granted and the person’s liability for deportation is upheld, the day after the person is notified of the determination of the appeal.
3: Where a person has both a right to give good reason why deportation should not proceed and a right to appeal under this Act against liability for deportation, the first day on which a deportation order may be served on the person is the later of—
a: the first day on which the deportation order may be served under subsection (1); and
b: the first day on which a deportation order may be served under subsection (2).
4: Where a person has breached the conditions stated in a notice or order suspending his or her liability for deportation under section 172(2) 212(1)
a: the day that is 28 days after service of a deportation liability notice on the person under section 172(3) 212(3)﻿(a)
b: any applicable day determined under subsection (2).
5: A deportation order may be served immediately on a person in the following circumstances:
a: where the person has been served with a deportation liability notice and the person does not have—
i: a right to give good reason why deportation should not proceed; or
ii: a right of appeal against liability for deportation:
b: where an Order in Council under section 163
c: where the person—
i: was unlawfully in New Zealand before 2 am on 29 November 2010; and
ii: continues to be unlawfully in New Zealand under this Act; and
iii: has no right of appeal under this Act against liability for deportation:
d: where the person was the holder of a limited visa that has expired (unless that person has been served with a deportation liability notice under paragraph (a), in which case paragraph (a) applies).
6: In this section, a right to give good reason why deportation should not proceed Section 175A inserted 7 May 2015 section 48 Immigration Amendment Act 2015
176: Content of deportation order
1: A deportation order must specify—
a: that the person named in the order is ordered to be deported from New Zealand; and
b: that any visa held by the person has been, or will be, cancelled in accordance with section 64(1)﻿(ab)
c: the provision of this Act under which the person became liable for deportation; and
d: the ground or grounds for deportation; and
e: the period of any prohibition on entry to New Zealand that the person named in the order is subject to; and
f: the consequences of attempting to return to New Zealand during the period of prohibition; and
g: that the person is required to repay the actual or (if an estimate of costs is specified in the deportation order) the estimated costs of deportation.
2: A deportation order must be signed by—
a: the Governor-General, if the order is made under section 163
b: an immigration officer, in any other case. Section 176(1)﻿(b) replaced 7 May 2015 section 49(1) Immigration Amendment Act 2015 Section 176(1)﻿(g) replaced 7 May 2015 section 49(2) Immigration Amendment Act 2015
177: Deportation order may be cancelled
1: An immigration officer may, in his or her absolute discretion, cancel a deportation order served on a person to whom section 154
2: Nothing in subsection (1) gives a person a right to apply for the cancellation of a deportation order. However, an immigration officer must consider cancelling the deportation order of a person who is in New Zealand if the person provides information to the officer concerning his or her personal circumstances, and the information is relevant to New Zealand's international obligations.
3: If an immigration officer does consider cancelling a deportation order, whether by way of a purported application or his or her own motion, the officer must have regard to any relevant international obligations, but otherwise—
a: may make a decision as he or she thinks fit; and
b: in doing so, is not under any obligation, whether by implication or otherwise,—
i: to apply any test or any particular test and, in particular, the officer is not obliged to apply the test set out in section 207
ii: to inquire into the circumstances of, or to make any further inquiry in respect of the information provided by or in respect of, the person who is the subject of the deportation order or any other person.
4: Whether or not an immigration officer considers cancelling a deportation order,—
a: he or she is not obliged to give reasons for any decision, other than the reason that this subsection applies; and
ab: information privacy section 22
b: section 23
5: However, to the extent that an immigration officer does have regard to any international obligations, the officer is obliged to record—
a: a description of the international obligations; and
b: the facts about the person's personal circumstances. Section 177(4)﻿(ab) inserted 7 May 2015 section 50 Immigration Amendment Act 2015 Section 177(4)﻿(ab) amended 1 December 2020 section 217 Privacy Act 2020
178: Executing deportation order
1: A deportation order may be executed once it has been served on the person subject to the order.
2: A deportation order may be executed by—
a: taking the person into custody; and
b: escorting the person (or arranging for the person to be escorted) to an airport or port; and
c: ensuring that the person is placed on board a craft and detained there until the person leaves New Zealand.
3: A deportation order may be executed in respect of a person who is serving a sentence of imprisonment in a prison only if the Minister has ordered the release of the person in accordance with section 55
179: Deported person may not enter New Zealand during period of prohibition on entry
1: A person 18 years of age or over who is deported from New Zealand may not return to New Zealand, or be granted a visa or entry permission, during the period of prohibition on entry that applies to the person as set out in the following table: The following table is small in size and contains 2 columns. Column 1 is headed Why person deported. Column 2 is headed Period of prohibition on entry (calculated from the date of deportation) Why person deported Period of prohibition on entry (calculated from the date of deportation) Section 155 none Section 154 2 years Section 154 5 years Section 154 5 years Section 157 5 years Section 159 5 years Section 156 permanent prohibition Section 158 (fraud, forgery, etc, in relation to an application) permanent prohibition Section 160 permanent prohibition Section 162 permanent prohibition Section 161 permanent prohibition Section 163 permanent prohibition
2: A person who is liable for deportation is not subject to any period of prohibition on entry if the person—
a: is liable for deportation only on the grounds that the person is unlawfully in New Zealand; and
b: leaves New Zealand voluntarily before he or she is served with a deportation order.
3: For the purposes of subsection (1), the relevant provision for determining why the person was deported is—
a: the provision under which the person became liable for deportation, as stated in the last deportation order served on the person; or
b: if no deportation order was served on the person, the provision under which liability for deportation arose, as stated in the last deportation liability notice served on the person. Section 179(1) table amended 7 May 2015 section 51(1) Immigration Amendment Act 2015 Section 179(2) replaced 7 May 2015 section 51(2) Immigration Amendment Act 2015 Section 179(3) inserted 7 May 2015 section 51(2) Immigration Amendment Act 2015
180: Deported person may not enter New Zealand until costs of deportation repaid
1: A person 18 years of age or over who is deported from New Zealand may not return to New Zealand, or be granted a visa or entry permission, until the person has repaid any debt due to the Crown in respect of the costs of his or her deportation.
2: The requirement of this section is in addition to the period of prohibition on entry under section 179
3: The Minister may reduce or waive any debt due by a person under subsection (1) in his or her absolute discretion.
181: Consequences for deported person if person enters or attempts to enter New Zealand during period of prohibition on entry
1: Subsection (2) applies to a person who—
a: is deported from New Zealand; and
b: on deportation, is subject to a period of prohibition on entry to New Zealand under section 179 180(1)
c: attempts to enter or enters New Zealand during the period of prohibition in one of the following ways:
i: by boarding a craft, or attempting to board a craft, that is travelling to New Zealand:
ii: by arriving in New Zealand:
iii: by entering New Zealand.
2: The period of prohibition on entry to which the person is subject under section 179
a: the date the person attempts to re-enter, if the attempted entry is unsuccessful:
b: the date the person is once again deported from New Zealand, if the attempted re-entry is successful.
3: If, despite a prohibition on entry applying to a person, a person re-enters New Zealand and the person becomes subject to a further prohibition on entry, the period of prohibition on entry that applies to the person on the subsequent deportation is the longest prohibition applicable under the table set out in section 179
182: Minister may reduce or remove period of prohibition on entry
1: The Minister may in his or her absolute discretion reduce, or remove altogether, the period of prohibition on entry that would otherwise apply to a person under section 179(1)
2: A reduction or removal under subsection (1) remains subject to section 180(1)
7: Appeals, reviews, and other proceedings
183: Interpretation
In this Part, unless the context otherwise requires,— affected person
a: the subject of an application made by a refugee and protection officer under section 144 147
b: the subject of an application made by the Minister under section 212(2) closed hearing
a: the Judge or Judges hearing the case:
b: the chief executive of the relevant agency, or his or her security-cleared representative, or both:
c: the Minister, or his or her security-cleared representative, or both:
d: if applicable, a refugee and protection officer, or his or her security-cleared representative, or both:
e: any special advocate:
f: any person appointed as counsel assisting the court or as a special adviser by the Tribunal or the court:
g: any person authorised by the Tribunal or the court to provide administrative assistance in the proceedings and who has an appropriate security clearance matter
a: an application made by a refugee and protection officer under section 144 147
b: an application made by the Minister under section 212(2)
184: Purpose of Part
The purpose of this Part is—
a: to provide comprehensively for the system of appeal and review in respect of decision making under this Act, including by providing for—
i: reconsideration of certain temporary visa applications; and
ii: appeals in respect of decisions on residence class visas; and
iii: appeals in respect of decisions concerning recognition of a person as a refugee or a protected person; and
iv: appeals against liability for deportation; and
b: to establish the Immigration and Protection Tribunal, a specialist tribunal to determine appeals and other matters under this Act; and
c: to provide for appeals from the decisions of the Tribunal, and deal with judicial reviews of decisions made under this Act. Limited right of reconsideration concerning temporary entry class visas
185: Right of reconsideration if onshore application for further temporary visa declined
1: This section applies to a holder of a temporary visa if—
a: the holder of the temporary visa (the applicant
b: the application for the further temporary visa is declined; and
c: the Minister did not make the decision to decline the application.
2: The applicant may apply in the prescribed manner for a reconsideration of the decision to decline a further visa if, and only if,—
a: the application for reconsideration is made not later than 14 days after the date on which the applicant received notice of the decision to decline the further visa; and
b: the applicant is still lawfully in New Zealand at the time of the application for reconsideration.
3: The decision to decline the visa application must be reconsidered by another immigration officer of equal grade or senior to the one who made the decision, or by the Minister.
4: If the decision to decline the visa application is confirmed and no visa is granted following reconsideration under this section, an immigration officer must inform the applicant, in writing, of—
a: the decision; and
b: in the case of an applicant who still holds a visa, the date on which the person will have an obligation to leave New Zealand; and
c: in the case of an applicant who no longer holds a visa,—
i: the fact that the person is already obliged to leave New Zealand; and
ii: the fact that the person may appeal on humanitarian grounds against his or her liability for deportation not later than 42 days after the date on which the person received confirmation of the decision to decline the visa application.
5: The result of any reconsideration under this section of a decision to decline an application for a further temporary visa is final and conclusive, and no further application for reconsideration of that decision may be made.
6: The fact that an application for reconsideration has been made under this section does not of itself entitle the applicant to remain in New Zealand after the expiry of the applicant’s current temporary visa, but, until the application for reconsideration has been determined or withdrawn, the person may not be deported. 1987 No 74 s 31 Limited right of review in respect of temporary entry class visa decisions
186: Limited right of review in respect of temporary entry class visa decisions
1: No appeal lies against a decision of the Minister or an immigration officer on any matter in relation to a temporary entry class visa, whether to any court, the Tribunal, the Minister, or otherwise.
2: Subsection (1) applies except to the extent that section 185
3: A person may bring review proceedings in a court in respect of a decision in relation to a temporary entry class visa except if the decision is in relation to the—
a: refusal or failure to grant a temporary entry class visa to a person outside New Zealand:
b: cancellation of a temporary entry class visa before the holder of the visa arrives in New Zealand. Appeals in relation to residence class visas
187: Rights of appeal in relation to decisions concerning residence class visas
1: There is a right of appeal to the Tribunal against a decision concerning a residence class visa in the following circumstances:
a: an applicant for a residence class visa may appeal against—
i: a decision of an immigration officer to decline to grant the visa (including in the circumstances described in section 190(2)﻿(b)
ii: a decision by the Minister not to grant a residence class visa if classified information has been relied on in making the decision:
b: a person outside New Zealand who has been granted a resident visa may appeal against a decision to cancel the visa under section 65(1)
c: a person who has been granted a resident visa may appeal against a decision to refuse to grant the person entry permission (including in the circumstances described in section 190(2)﻿(b)
2: However, no appeal lies under this Act in respect of—
a: a decision by the Minister not to grant a residence class visa (except in the circumstances described in subsection (1)﻿(a)﻿(ii)); or
b: a refusal of the Minister or an immigration officer to grant a residence class visa or entry permission to an excluded person; or
c: a refusal or failure of the Minister or an immigration officer to issue an invitation to apply for a visa; or
d: a refusal of the Minister or an immigration officer to grant a residence class visa to a person who has been invited to apply for a visa, if a ground for the refusal is that the Minister or officer determines that the person,—
i: whether personally or through an agent, in expressing his or her interest in obtaining an invitation to apply for a visa, submitted false or misleading information or withheld relevant information that was potentially prejudicial to the person; or
ii: did not ensure that an immigration officer was informed of any material change in circumstances between the time of expressing interest and the time of the person’s application for the relevant visa; or
e: a lapse of an application for a residence class visa or of an expression of interest in obtaining an invitation to apply for a visa; or
f: a revocation of an invitation to apply for a visa.
3: Where a person to whom subsection (1)﻿(b) or (c) applies appeals under this section, this Act applies as if the decision were a decision to decline an application for a residence class visa.
4: The grounds for an appeal under this section are that—
a: the relevant decision was not correct in terms of the residence instructions applicable at the time the relevant application for the visa was made; or
b: the special circumstances of the appellant are such that consideration of an exception to those residence instructions should be recommended.
5: An appeal under this section must be brought not later than 42 days after the date the appellant is notified of the decision appealed against.
6:
7:
8: A person may bring review proceedings in a court in respect of a decision in relation to a residence class visa except if the decision is in relation to—
a: the refusal or failure to grant a residence class visa to a person outside New Zealand; or
b: the cancellation of a resident visa granted outside New Zealand before the holder of the visa first arrives in New Zealand as the holder of the visa. 1987 No 74 s 18C(1)–(3) Section 187(6) repealed 7 May 2015 section 52 Immigration Amendment Act 2015 Section 187(7) repealed 7 May 2015 section 52 Immigration Amendment Act 2015
188: Determination of appeal in relation to residence class visa
1: In determining an appeal under section 187
a: confirm the decision appealed against as having been correct in terms of the residence instructions applicable at the time the application for the visa was made by the appellant; or
b: reverse the decision as having been incorrect in terms of the residence instructions applicable at the time the application for the visa was made by the appellant; or
c: note the correctness of the original decision in terms of the residence instructions applicable at the time the visa application was made on the basis of the information provided to the Minister or the immigration officer before the time of the decision, but reverse that decision on the basis of any information properly made available to the Tribunal that reveals that the grant of the visa would have been correct in terms of the applicable residence instructions; or
d: note the correctness of the original decision in terms of the residence instructions applicable at the time the visa application was made on the basis of the information provided to the Minister or the immigration officer before the time of the decision, but determine the appeal by cancelling the decision and referring the matter back to the Minister, if he or she made the decision, or the chief executive, in any other case, for consideration under those residence instructions as if a new visa application had been made that included any additional information properly provided to the Tribunal; or
e: determine the appeal by cancelling the decision and referring the application back to the Minister, if he or she made the decision, or the chief executive, in any other case, for correct assessment in terms of the applicable residence instructions, where the Tribunal—
i: considers that the decision appealed against was made on the basis of an incorrect assessment in terms of the residence instructions applicable at the time the application was made; but
ii: is not satisfied that the appellant would, but for that incorrect assessment, have been entitled in terms of those instructions to the visa or entry permission; or
f: confirm the decision as having been correct in terms of the residence instructions applicable at the time the visa application was made, but recommend that the special circumstances of the applicant are such as to warrant consideration by the Minister as an exception to those instructions.
2: Where the Tribunal determines to reverse a decision to refuse a visa under subsection (1)﻿(b) or (c), the Tribunal must—
a: consider whether it is appropriate that conditions should be imposed in accordance with section 50
b: if it considers that imposing conditions is appropriate, direct the Minister to impose under that section the conditions specified in its decision (which may be specified with the degree of generality or particularity that the Tribunal thinks fit); and
c: notify the appellant in writing of any conditions imposed.
3: Where the Tribunal refers an application back to the Minister or the chief executive under subsection (1)﻿(e), the Tribunal may give him or her the directions it thinks fit as to how a correct assessment of the application should be carried out.
4: The Tribunal must, as soon as practicable, notify the appellant in writing of its decision on the appeal and the reasons for that decision.
5: Subject to section 245 1987 No 74 s 18D
189: Use of further information in appeals under section 187
1: In determining an appeal under section 187
2: Subsection (1) is subject to subsections (3) to (6).
3: The Tribunal may consider information or evidence not provided by the appellant to the Minister or the immigration officer before the time of the relevant decision if—
a: the Tribunal is satisfied that—
i: the information or evidence existed at the time the decision to refuse the visa was made, and would have been relevant to the making of that decision; and
ii: the appellant could not, by the exercise of reasonable diligence, have placed that information or evidence before the Minister or the immigration officer at the time at which the Minister or the officer made the decision on the application; and
iii: in all the circumstances it is fair to consider the information or evidence; or
b: the Tribunal considers that it is necessary for it to have the information or evidence for the purpose of considering whether to make a determination under section 188(1)﻿(f)
4: The Tribunal may require the chief executive to arrange for an interview to be conducted with any specified person for any specified purpose and in any specified manner, and for the report of that interview to be provided to the Tribunal, where—
a: the Tribunal considers that the decision under appeal depended, in whole or in part, upon the recorded results of an interview conducted with the appellant or with some other person connected with the application; and
b: those results involved the recording of an exercise of judgment on the part of the interviewing officer as opposed to the recording of facts; and
c: the Tribunal considers that further written evidence or submissions will not assist to confirm or test those results.
5: An interview conducted under subsection (4) may not be conducted by any immigration officer who has previously interviewed the person.
6: The Tribunal may, if it considers it fair in all the circumstances to do so, determine the appeal in the manner set out in section 188(1)﻿(d)
a: it comes to the attention of the Tribunal that any particular event has occurred after the time at which the Minister or the immigration officer made the decision on the appellant’s visa application; and
b: the Tribunal is satisfied that the event materially affects the applicant’s eligibility under residence instructions. 1987 No 74 s 18F(4)–(6)
190: Procedure where appeal successful or Tribunal makes recommendation
1: The Minister or an immigration officer must grant a residence class visa (and if necessary grant entry permission) to the appellant where the Tribunal reverses a decision under section 188(1)﻿(b) or (c)
2: However, nothing in subsection (1) requires a residence class visa or entry permission to be granted to a person—
a: until the normal requirements for providing any certificate or other material that is required before a visa or entry permission can be granted have been complied with, where the certificate or other material—
i: was not supplied to the Minister or the immigration officer concerned before the date on which the decision appealed against was made; or
ii: by reason of the passing of time, is no longer current for the purposes of granting a visa or entry permission under this Act; or
b: where, since the date of the decision that is the subject of the appeal, any matter has arisen or any information has become available in respect of the person that would disqualify that person from being granted a residence class visa or entry permission in terms of both—
i: the residence instructions applicable at the time of the relevant visa application; and
ii: the residence instructions currently applicable.
3: Where, in reliance on subsection (2)﻿(a), a residence class visa is not immediately granted to a person who is already in New Zealand, the Minister or an immigration officer must grant a temporary visa to the person, being a visa that is current for a period of not less than 6 months.
4: The Minister must not impose any conditions on a resident visa granted under subsection (1), unless the Tribunal has directed the Minister to do so under section 188(2)﻿(b)
5: Where the Tribunal makes a recommendation under section 188(1)﻿(f)
a: must consider whether a residence class visa should be granted to the appellant as an exception to residence instructions; and
b: may, if he or she grants a resident visa, impose conditions on the visa in accordance with section 50
6: The Minister is not obliged to give reasons in relation to any decision made as a result of any consideration under subsection (5), and neither section 27 section 23 1987 No 74 s 18E No appeal or review rights in relation to invitations to apply and transit visas
191: No appeal or review rights in relation to invitations to apply
1: No appeal lies against a decision of the Minister or an immigration officer on any matter in relation to whether to issue an invitation to apply for a visa, whether to a court, the Tribunal, the Minister, or otherwise.
2: No review proceedings may be brought in any court in respect of any refusal or failure of the Minister or an immigration officer to issue an invitation to apply for a visa or to revoke an invitation if an invitation is issued.
192: No appeal or review rights in relation to transit visas
1: No appeal lies against a decision of the Minister or an immigration officer on any matter in relation to a transit visa, whether to a court, the Tribunal, the Minister, or otherwise.
2: No review proceedings may be brought in any court in respect of any decision to refuse to grant or to cancel a transit visa. Appeals against decisions relating to refugee or protection status
193: Tribunal consideration of refugee and protection matters
1: Every appeal relating to whether a person should be recognised as a refugee or a protected person in New Zealand must be determined in accordance with this Act.
2: Every appeal as to whether a person should continue to be recognised as a refugee or a protected person in New Zealand must be determined in accordance with this Act.
3: To the extent that an issue is not dealt with in this Act, the Tribunal, in carrying out its functions in relation to the recognition of a person as a refugee, must act in a way that is consistent with New Zealand’s obligations under the Refugee Convention.
4: The Tribunal, in carrying out its functions in relation to the recognition of a person as a protected person, must act in a way that is consistent with this Act.
194: Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims)
1: A person may appeal to the Tribunal against a decision by a refugee and protection officer—
a: to decline to accept for consideration the person's claim to be recognised as a refugee or a protected person on the grounds that—
i: in light of an international arrangement or agreement (as defined in section 134(5)
ii: in light of an international arrangement or agreement (as defined in section 134(5)
b: under section 134(3)
c: to decline the person’s claim to be recognised under any of sections 129 130 131
d: to cease to recognise the person as a refugee or a protected person under section 143
e: to cancel recognition of a New Zealand citizen as a refugee or a protected person under section 145
2: An appeal under this section must be brought,—
a: if the person is in detention under Part 9
b: in any other case, not later than 10 working days after the date on which the appellant is notified of the decision to which the appeal relates.
3: The Tribunal may, however, extend the time for lodging an appeal if satisfied that special circumstances warrant an extension.
4: To avoid doubt, an appeal right arises under subsection (1)﻿(c) if a person's claim is declined on the grounds that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand.
5: Subsection (6) applies to a person who is entitled to an appeal under subsection (1)﻿(a), (b), or (c) and who either—
a: is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or
b: would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation.
6: The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (5)﻿(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is—
a: successful on the appeal under this section, the Tribunal must dispense with its consideration of the person's humanitarian appeal
b: unsuccessful on the appeal under this section, the Tribunal must consider the person's humanitarian appeal.
6A: If the Tribunal dispenses (under subsection (6)﻿(a)) with the consideration of a person's humanitarian appeal lodged at the same time as an appeal under subsection (1)﻿(a) or (b), the person may subsequently lodge a humanitarian appeal only if it is lodged, as required by subsection (6), at the same time as an appeal under subsection (1)﻿(c).
7: If the person does not lodge a humanitarian appeal in accordance with subsection (6), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future.
8: To avoid doubt, nothing in subsection (7) applies to a person who—
a: complies with subsection (6); and
b: is successful on the appeal under this section; and
c: becomes liable for deportation for any reason at some future date.
9: In subsection (2), working day
a: a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and
ab: if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and
b: a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and
c: if 1 January falls on a Friday, the following Monday; and
d: if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday. 1987 No 74 s 129O Section 194(1)﻿(e) amended 7 May 2015 section 53(1) Immigration Amendment Act 2015 Section 194(6)﻿(a) amended 7 May 2015 section 53(2) Immigration Amendment Act 2015 Section 194(6A) inserted 7 May 2015 section 53(3) Immigration Amendment Act 2015 Section 194(9)﻿(a) replaced 12 April 2022 wehenga 7 Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022 section 7 Te Kāhui o Matariki Public Holiday Act 2022 Section 194(9)﻿(ab) inserted 1 January 2014 section 8 Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013
195: Right of appeal in relation to subsequent claims for refugee or protection status
1: A person may appeal to the Tribunal against a decision by a refugee and protection officer—
a: under section 140(1) or a protected person
b: under section 140(3) Part 6A
2: A person may appeal to the Tribunal against a decision by a refugee and protection officer to decline a subsequent claim by the person to be recognised under any of sections 129 130 131
3: An appeal under this section must be brought,—
a: if the person is in detention under Part 9
b: in any other case, not later than 10 working days after the date on which the appellant was notified of the decision to which the appeal relates.
4: The Tribunal may, however, extend the time for lodging an appeal in any particular case if satisfied that special circumstances warrant an extension.
5: To avoid doubt, an appeal right arises under subsection (2) if a person's claim is declined on the grounds that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand.
6: Subsection (7) applies to a person who is entitled to appeal under this section and who either—
a: is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or
b: would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation.
7: The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (6)﻿(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is—
a: successful on the appeal under this section, and the Tribunal goes on to consider the claim and grants the person recognition, it must dispense with its consideration of the person's humanitarian appeal:
b: successful on the appeal under this section, and the Tribunal goes on to consider the claim but declines the claim, it must consider the person's humanitarian appeal:
c: unsuccessful on the appeal under this section, the Tribunal must consider the person's humanitarian appeal.
8: If the person does not lodge a humanitarian appeal in accordance with subsection (7), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future.
9: To avoid doubt, nothing in subsection (8) applies to a person who—
a: complies with subsection (7); and
b: is successful on the appeal under this section; and
c: becomes liable for deportation for any reason at some future date.
10: In subsection (3), working day section 194(9) Section 195(1)﻿(a) amended 19 June 2013 section 17 Immigration Amendment Act 2013
196: Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement
1: Where an appeal is brought under section 194(1)﻿(a)
a: determine the matter de novo; and
b: determine whether, in light of any international arrangement or agreement (as defined in section 134(5)
i: a claim for refugee status in another country:
ii: a claim for protection in another country.
2: The Tribunal may dismiss or allow the appeal
3: If the Tribunal allows the appeal
a: it must refer the claim back to a refugee and protection officer for consideration; and
b: if the appeal section 194(5) section 194(6)﻿(a)
4: To avoid doubt, nothing in subsection (1) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant. Section 196(2) amended 7 May 2015 section 54(1) Immigration Amendment Act 2015 Section 196(3) amended 7 May 2015 section 54(2) Immigration Amendment Act 2015 Section 196(3)﻿(b) amended 7 May 2015 section 54(3) Immigration Amendment Act 2015
197: Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee
1: Where an appeal is brought under section 194(1)﻿(b)
a: determine the matter de novo; and
b: determine whether 1 or more of the circumstances relating to the claim were brought about by the claimant—
i: acting otherwise than in good faith; and
ii: for a purpose of creating grounds for recognition under section 129
2: For the purposes of determining the matter in subsection (1), the Tribunal must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor.
3: The Tribunal may dismiss or allow the appeal
4: If the Tribunal allows the appeal
a: it must refer the claim back to a refugee and protection officer for consideration; and
b: if the appeal section 194(5) section 194(6)﻿(a)
5: To avoid doubt, nothing in subsection (1) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant. Section 197(3) amended 7 May 2015 section 55(1) Immigration Amendment Act 2015 Section 197(4) amended 7 May 2015 section 55(2) Immigration Amendment Act 2015 Section 197(4)﻿(b) amended 7 May 2015 section 55(3) Immigration Amendment Act 2015
198: Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition
1: Where an appeal is brought under section 194(1)﻿(c), (d), or (e)
a: determine the matter de novo; and
b: determine, in the following order:
i: whether to recognise the person as a refugee on the ground set out in section 129
ii: whether to recognise the person as a protected person on the ground set out in section 130
iii: whether to recognise the person as a protected person on the ground set out in section 131
c: in relation to the matters in paragraph (b)﻿(ii) and (iii), determine whether there are serious reasons for considering that the claimant has—
i: committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or
ii: committed a serious non-political crime outside New Zealand before coming to New Zealand; or
iii: been guilty of acts contrary to the purposes and principles of the United Nations.
2: However, if the appeal is brought under section 194(1)﻿(e) section 145(b)﻿(i) or (iii)
a: determine the matter de novo; and
b: determine whether either or both of the following apply:
i: recognition of the person as a refugee or a protected person may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:
ii: the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and
c: if it finds that either or both of the matters under paragraph (b) do apply, determine the matters described in subsection (1)﻿(b) and (c); and
d: if it does not find that either of the matters described in paragraph (b) applies, allow the appeal.
3: The Tribunal may dismiss or allow the appeal
4: If the Tribunal allows an appeal section 194(5) section 194(6)﻿(a)
5: To avoid doubt, nothing in subsection (1) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant. Section 198(1) amended 7 May 2015 section 56(1) Immigration Amendment Act 2015 Section 198(2) replaced 7 May 2015 section 56(2) Immigration Amendment Act 2015 Section 198(3) amended 7 May 2015 section 56(3) Immigration Amendment Act 2015 Section 198(4) amended 7 May 2015 section 56(4) Immigration Amendment Act 2015 Section 198 compare note repealed 7 May 2015 section 56(5) Immigration Amendment Act 2015
199: After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts
The Minister must make any decision about a person's immigration status if the Tribunal has determined that—
a: the person is a protected person; and
b: there are serious reasons under section 198(1)﻿(c)
200: Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person
1: Where an appeal is brought under section 195(1)﻿(a)
a: whether there has been a significant change in circumstances material to the appellant’s claim since the previous claim was determined; and
b: if so, whether the change in 1 or more of the circumstances was brought about by the appellant—
i: acting otherwise than in good faith; and
ii: for a purpose of creating grounds for recognition under any of sections 129 to 131
2: The Tribunal must dismiss the appeal if it determines that—
a: there is no significant change in circumstances; or
b: the change in 1 or more of the circumstances was brought about by the appellant—
i: acting otherwise than in good faith; and
ii: for a purpose of creating grounds for recognition under any of sections 129 to 131
3: The Tribunal must consider the claim for recognition in accordance with section 198(1)
a: determines that there is a significant change in circumstances; and
b: does not determine that the change in 1 or more of the circumstances was brought about by the appellant—
i: acting otherwise than in good faith; and
ii: for a purpose of creating grounds for recognition under any of sections 129 to 131
4: Where an appeal is brought under section 195(1)﻿(b)
5: If the Tribunal determines that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must dismiss the appeal.
6: If the Tribunal does not determine that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must consider the claim for recognition in accordance with section 198(1)
7: Where an appeal is brought under section 195(2) section 198(1)
8: If the Tribunal reverses a decision in relation to a person to whom section 195(6) section 195(7)﻿(a) Section 200(1)﻿(b)﻿(ii) amended 19 June 2013 section 17 Immigration Amendment Act 2013 Section 200(2)﻿(b)﻿(ii) amended 19 June 2013 section 17 Immigration Amendment Act 2013 Section 200(3)﻿(b)﻿(ii) amended 19 June 2013 section 17 Immigration Amendment Act 2013 Appeal on facts against liability for deportation
201: Persons who may appeal to Tribunal on facts
1: The following persons may appeal to the Tribunal on the facts against their liability for deportation:
a: residents whose liability for deportation arises under section 155 156(1)﻿(b) 158(1)﻿(b) 159 160
b: permanent residents whose liability for deportation arises under section 155 156(1)﻿(b) 158(1)﻿(b) 160
c: persons recognised as refugees or protected persons whose liability for deportation arises under section 162(1)
2: The following persons may not appeal to the Tribunal on the facts against their liability for deportation:
a: residents or permanent residents whose liability for deportation arises under section 156(1)﻿(a) 158(1)﻿(a) 161
b: persons whose liability for deportation arises under section 162(1)
c: persons whose liability for deportation arises by way of a deportation order under section 163
202: Grounds for determining appeal on facts
The Tribunal must allow an appeal against liability for deportation on the facts where,—
a: in the case of an appellant liable for deportation under section 155
b: in the case of an appellant liable for deportation under section 156(1)﻿(b)
c: in the case of an appellant liable for deportation under section 158(1)﻿(b)﻿(i)
ca: in the case of an appellant liable for deportation under section 158(1)﻿(b)﻿(ii)
d: in the case of an appellant liable for deportation under section 159
i: the conditions of the resident visa were met; or
ii: the resident has not materially breached the conditions of his or her visa:
e: in the case of an appellant liable for deportation under section 160
i: the new information was not material to the applicant’s character as at the time the visa was granted; or
ii: the person would have been eligible for the grant of the visa under this Act or immigration instructions:
f: in the case of an appellant liable for deportation under section 162
i: the person's recognition as a refugee or a protected person may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information; or
ii: the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer (or a refugee status officer under the former Act) for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information. Section 202(c) replaced 7 May 2015 section 57 Immigration Amendment Act 2015 Section 202(ca) inserted 7 May 2015 section 57 Immigration Amendment Act 2015
203: Process when entitlement to appeal on facts and humanitarian grounds
1: A person who is entitled to and wishes to appeal both on the facts and on humanitarian grounds must lodge both appeals together within the relevant time limits.
2: Where practicable, the Tribunal must consider both appeals together, but—
a: must first consider the appeal on the facts; and
b: may dispense with its consideration of the humanitarian appeal if the appellant’s appeal on the facts is successful.
3: This section is subject to sections 194(6) 195(7)
204: Special process where refugee or protection status acquired through fraud, etc
1: Subject to subsections (2) and (3), where a person who is liable for deportation under section 162 sections 129 to 131
2: If the Tribunal has allowed an appeal on the facts under section 202(f)
a: whether the person is currently a refugee or a protected person; or
b: any humanitarian appeal brought by the person.
3: If the Tribunal does not allow an appeal on the facts under section 202(f)
a: first determine whether to recognise the person as a refugee or a protected person in terms of sections 129 130 131
b: if it does not recognise the person as a refugee or a protected person, then determine any humanitarian appeal by the person.
4: When determining whether to recognise a person as a refugee or a protected person for the purposes of this section, the Tribunal must determine the matter in accordance with section 198(1)
205: Special process if refugee or protected person liable for deportation under section 161
1: This section applies if—
a: a refugee or a protected person is liable for deportation under section 161
b: a refugee and protection officer has determined that the deportation of the person is not prohibited under section 164
c: the person appeals against that determination under section 161(2)﻿(b)
2: The Tribunal must—
a: first determine whether the deportation of the person is prohibited under section 164
b: if it determines that the deportation of the person is not prohibited, then determine any appeal on humanitarian grounds brought by the person. Appeal on humanitarian grounds against liability for deportation
206: Who may appeal to Tribunal on humanitarian grounds
1: The following persons may appeal to the Tribunal on humanitarian grounds against their liability for deportation:
a: a person liable for deportation under section 154
b: a temporary visa holder or interim visa holder liable for deportation under section 155 156 157
c: a resident or permanent resident liable for deportation under section 155 156 158 159 160 161
d: a person liable for deportation under section 162
2: No person may appeal to the Tribunal on humanitarian grounds—
a: against any liability for deportation arising from the expiry or cancellation of a limited visa; or
b: if he or she is a person to whom section 115 154(5) 210(2) 216(2)
c: whose liability for deportation arises by way of a deportation order under section 163 ; or
d: if he or she holds a limited visa and is liable for deportation under section 155 156 157
e: if the person is liable for deportation under section 155
3: No person may appeal to the Tribunal on humanitarian grounds against his or her liability for deportation if the person has—
a: failed to lodge a humanitarian appeal at the same time as lodging an appeal in relation to a claim or a subsequent claim, where he or she is required to do so under this Act; or
b: had a humanitarian appeal heard by the Tribunal in relation to a claim or a subsequent claim. Section 206(2)﻿(b) amended 7 May 2015 section 58(1) Immigration Amendment Act 2015 Section 206(2)﻿(c) amended 7 May 2015 section 58(2) Immigration Amendment Act 2015 Section 206(2)﻿(d) inserted 7 May 2015 section 58(3) Immigration Amendment Act 2015 Section 206(2)﻿(e) inserted 7 May 2015 section 58(3) Immigration Amendment Act 2015
207: Grounds for determining humanitarian appeal
1: The Tribunal must allow an appeal against liability for deportation on humanitarian grounds only where it is satisfied that—
a: there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for the appellant to be deported from New Zealand; and
b: it would not in all the circumstances be contrary to the public interest to allow the appellant to remain in New Zealand.
2: In determining whether it would be unjust or unduly harsh to deport from New Zealand an appellant who became liable for deportation under section 161 section 208 1987 No 74 ss 47(3) 105(1A)
208: Right of victims to make submission on appeal
1: In determining a humanitarian appeal by a person who becomes liable for deportation under section 161
a: any written submissions made to it by a victim of an offence or offences of which the appellant has been convicted and from which the liability for deportation arose; and
b: any relevant written submissions made by a victim to the Minister under section 173
2: In addition to, or instead of, making written submissions under this section, the victim may, with the leave of the Tribunal, make oral submissions to the Tribunal at the hearing.
3: The Tribunal must make available to a lawyer or agent acting for the appellant, on a request by the appellant, a copy of all written submissions made by the victim under section 173
4: The Tribunal, or a lawyer or agent acting for the appellant, must, on a request for the purpose, show the appellant a copy of all written submissions made by the victim under section 173
5: Despite subsections (3) and (4), the Tribunal may withhold from the appellant and every lawyer or agent acting for the appellant (if any) either or both of the following if, in the Tribunal’s opinion, that withholding is necessary to protect the physical safety or security of the victim concerned:
a: any part of the victim’s written submissions under section 173 section 173(4)
b: any part of the victim’s written submissions under this section.
6: Despite subsection (1), the Tribunal must not have regard to any part of the victim’s submissions that is withheld under subsection (5).
7: In this section, victim section 29 Orders on determination of appeal
209: Tribunal may make orders considered necessary on allowing appeal against liability for deportation
If the Tribunal decides that an appeal against liability for deportation should be allowed, it may order that an immigration officer take such steps as it considers necessary to give effect to its decision.
210: Tribunal may order grant of visa on allowing appeal against liability for deportation
1: Without limiting section 209
a: a resident visa subject to such conditions (if any) as the Tribunal determines; or
b: a temporary visa for a period not exceeding 12 months subject to such conditions (if any) as the Tribunal determines.
2: If a temporary visa is granted following an order made under subsection (1)﻿(b), no further appeal against liability for deportation may be brought by the holder upon the expiry of the visa or upon the holder earlier becoming liable for deportation.
3: The Tribunal may order the imposition of any condition on the grant of a resident visa that it thinks fit, having regard to the reasons why the appellant was able to demonstrate exceptional circumstances of a humanitarian nature or why it was not contrary to the public interest to allow the appellant to remain in New Zealand, whether or not the condition is of a kind authorised by residence instructions.
4: To avoid doubt, the Tribunal may order an immigration officer to grant a visa, and the officer must grant the visa, even though the person would normally be prohibited from being granted a visa under section 15 16
5: If the Tribunal orders the imposition of any condition on a visa,—
a: the condition must be treated as if it were a condition imposed by the Minister under section 50 52
b: the condition must be notified to the visa holder in writing; and
c: section 56(1)
6: The chief executive must ensure that the terms of an order given under this section are complied with. 1987 No 74 s 52
211: Effect of successful appeal against liability for deportation
1: If the Tribunal allows an appeal under this Part against liability for deportation, the appellant's liability is cancelled and subsection (2), (3), or (4) applies, as the case may be.
2: If the appellant is in custody under this Act, an immigration officer must immediately notify, in writing, the manager or other person in charge of the prison or other premises in which the appellant is detained that the appellant's liability for deportation is cancelled, and the appellant must be immediately released.
3: If the appellant is subject to residence or reporting requirements under section 315
4: If the appellant has been released on conditions under section 320
5: Subsection (1) applies unless—
a: the appeal concerned is a humanitarian appeal; and
b: the appellant is a resident or a permanent resident; and
c: the Tribunal instead suspends the appellant's liability for deportation under section 212
6: Nothing in this section limits section 209 1987 No 74 s 107
212: Tribunal may suspend liability for deportation on allowing humanitarian appeal
1: On allowing any humanitarian appeal the Tribunal may, in the case of a resident or permanent resident, make an order suspending the appellant’s liability for deportation for a period not exceeding 5 years, subject to such conditions (if any) as the Tribunal determines.
2: If a person’s liability for deportation has been suspended by the Tribunal under subsection (1), the Minister may subsequently apply to the Tribunal for a determination on whether the person has failed to meet any condition imposed by the Tribunal.
3: If the Tribunal determines that the person has failed to comply with any condition,—
a: the Tribunal may reactivate the person's liability for deportation by causing an immigration officer to serve a deportation liability notice on the person that sets out the grounds of the reactivation; and
b: the person has 28 days from the date the notice is served to leave New Zealand before he or she may be deported.
4: In the case of a person in imprisonment, the period referred to in subsection (1) commences on the date of the person’s release from imprisonment.
5: The suspension of a person’s liability for deportation does not prevent the person from becoming liable for deportation on other grounds.
213: Effect of suspension
1: If a person’s liability for deportation is suspended by the Tribunal under section 212
a: subsection (2), (3), or (4) applies, as the case may be; and
b: the person may not apply for a visa of a different class or type; and
c: the processing of any application made by the person for a visa of a different class or type must be suspended; and
d: subject to sections 9 10 section 7(1)﻿(b)﻿(i)
2: If the person is in custody under this Act, an immigration officer must immediately notify, in writing, the manager or other person in charge of the prison or other premises in which the person is detained that the person's liability for deportation is suspended, and the person must be immediately released.
3: If the person is subject to residence or reporting requirements under section 315
4: If the person has been released on conditions under section 320
5: If the Minister determines that a person has met any conditions imposed by the Tribunal under section 212(1)
6: If the Tribunal did not impose conditions on the person under section 212(1)
214: Effect of suspension on appeal
1: This section applies if the Minister suspends a person’s liability for deportation, and the person has lodged an appeal under this Part against that liability.
2: If the person does not withdraw the appeal, the Tribunal may, on the application of the person, adjourn any appeal on humanitarian grounds lodged by the person.
3: If the person’s liability for deportation is cancelled under section 172 174(2)
4: If the person is served with a reactivation section 172(3)
5: Section 214(4) amended 24 October 2019 section 68(1) Statutes Amendment Act 2019 Section 214(5) repealed 24 October 2019 section 68(2) Statutes Amendment Act 2019
215: Tribunal may reduce or remove period of prohibited entry under deportation order
1: On declining an appeal against liability for deportation, the Tribunal may in its absolute discretion order the reduction, or removal altogether, of the period of any prohibition on entry to New Zealand that would otherwise apply under section 179
2: A reduction or removal under subsection (1) remains subject to section 180(1)
216: Tribunal may make order delaying deportation if appeal unsuccessful
1: On declining an appeal against liability for deportation, if the Tribunal considers it necessary to enable the appellant to remain in New Zealand for the purposes of getting his or her affairs in order, it may order—
a: that the deportation of the appellant be delayed for a period not exceeding 12 months, commencing on the date of the Tribunal's decision; or
b: that a temporary entry class visa, valid for a period not exceeding 12 months, commencing on the date of the Tribunal's decision, be granted to the appellant.
2: If the Tribunal orders the grant of a visa under subsection (1)﻿(b), no further appeal against liability for deportation may be brought by the holder upon the expiry of the visa or upon the holder earlier becoming liable for deportation. Immigration and Protection Tribunal
217: Immigration and Protection Tribunal
1: For the purposes of this Act there is a tribunal called the Immigration and Protection Tribunal.
2: The functions of the Tribunal are—
a: to determine appeals against—
i: decisions to decline to grant residence class visas:
ii: decisions in relation to recognition as a refugee or a protected person:
iii: decisions to cease to recognise a person as a refugee or a protected person:
iv: decisions to cancel the recognition of a New Zealand citizen as a refugee or a protected person:
v: liability for deportation:
b: to determine applications—
i: made by refugee and protection officers in relation to the cessation of recognition of a person as a refugee or a protected person, if the recognition was originally determined by the Tribunal (or by the Refugee Status Appeals Authority under the former Act):
ii: made by refugee and protection officers in relation to the cancellation of recognition of a New Zealand citizen as a refugee or a protected person, if the recognition was originally determined by the Tribunal (or by the Refugee Status Appeals Authority under the former Act):
iii: made by the Minister under section 212(2)
c: to deal with certain transitional matters arising from the repeal of the Immigration Act 1987 Part 12
218: Nature of Tribunal
1: The Tribunal is a specialist body that has the role of deciding appeals and matters by making findings of fact, applying the relevant law, and making a determination.
2: In carrying out its role, the proceedings of the Tribunal in any particular case may be, as the Tribunal thinks fit,—
a: of an inquisitorial nature; or
b: of an adversarial nature; or
c: of both an inquisitorial and an adversarial nature.
219: Membership of Tribunal
1: The Tribunal consists of—
a: a chair, being a District Court Judge:
b: such other members as may be appointed under subsection (3), being lawyers who have held a practising certificate for at least 5 years or have other equivalent or appropriate experience (whether in New Zealand or overseas):
c: a representative of the United Nations High Commissioner for Refugees, to serve as an ex officio member in relation to matters relating to refugees:
d: a District Court Judge seconded to the Tribunal under section 240
2: The chair of the Tribunal is appointed by the Governor-General on the advice of the Attorney-General, given after consultation with the Minister of Justice and the Minister.
3: The other members
4: None of the following persons may be appointed as a member of the Tribunal:
a: an immigration officer; or
b: a refugee and protection officer; or
c: any person who at any time in the previous 5 years has been—
i: an immigration officer; or
ii: a refugee and protection officer; or
iii: an immigration officer, a visa officer, or a refugee status officer under the former Act. Section 219(3) amended 14 November 2018 section 100 Tribunals Powers and Procedures Legislation Act 2018
219A: Appointment of temporary acting chair or member of Tribunal
1: If the chair or another member of the Tribunal becomes incapable of acting by reason of illness, absence, or other sufficient cause, or if another member appointed under section 219(1)﻿(b)
a: on the recommendation of the Attorney-General, after consultation with the Minister of Justice and the Minister, may appoint a suitable person as the acting chair for the period or purpose stated in the appointment:
b: on the recommendation of the Minister of Justice, after consultation with the Minister, may appoint a suitable person as an acting member for the period or purpose stated in the appointment.
2: No person may be appointed as an acting chair or acting member unless he or she is eligible for appointment to the relevant position.
3: An acting chair or other member, while acting in that position, is to be treated as the chair or other member.
4: No appointment of an acting chair or other member, no act done by an acting chair or other member, and no act done by the Tribunal may be questioned in any proceedings on the ground that the occasion for the appointment had not arisen or had ceased. Section 219A inserted 14 November 2018 section 101 Tribunals Powers and Procedures Legislation Act 2018
220: Role of chair of Tribunal
1: In addition to deciding appeals and matters in the Tribunal, the chair of the Tribunal is responsible for—
a: making such arrangements as are practicable to ensure that the members of the Tribunal discharge their functions—
i: in an orderly and expeditious manner; and
ii: in a way that meets the purposes of this Act; and
b: directing the education, training, and professional development of members of the Tribunal; and
c: dealing with complaints made about members of the Tribunal.
2: Without limiting subsection (1), the chair of the Tribunal may—
a: issue practice notes (not inconsistent with this Act or any regulations made under it) for the purposes of regulating the practice and procedure of the Tribunal and for the guidance of other members of the Tribunal, officers of the Tribunal, and parties before the Tribunal
b: develop a code of conduct for members of the Tribunal:
c: require particular members of the Tribunal to determine particular appeals. Section 220(2)﻿(a) amended 14 November 2018 section 102 Tribunals Powers and Procedures Legislation Act 2018
221: Exercise of jurisdiction
1: For the purpose of any appeal or matter in its jurisdiction, the Tribunal consists of 1 member, except as provided in this section.
2: The chair of the Tribunal may direct that, because of the exceptional circumstances of any case, the case is to be heard and determined by more than 1 member. In any such case the chair must designate—
a: the members who are to hear and determine the case (being not more than 3 members); and
b: the member who is to be the presiding member for the purposes of the hearing and determination.
3: Where a case before the Tribunal relates to a refugee or a claimant for refugee status,—
a: the ex officio member referred to in section 219(1)﻿(c)
b: this is in addition to the other member or members of the Tribunal required under subsection (1) or (2).
222: Procedure for determining appeals and matters generally
1: The Tribunal must determine an appeal or matter with all reasonable speed.
2: The chair of the Tribunal may decide the order in which appeals and matters are to be heard generally, or in any particular circumstances.
3: No decision on an appeal or matter is to be called into question on the basis that the appeal or matter ought to have been heard or decided earlier or later than any other appeal, matter, or category of appeal or matter.
4: The Tribunal may regulate its procedures as it sees fit, subject to this Act and any regulations made under this Act.
5: This section is subject to section 257
223: Chair to ensure appeals and matters heard expeditiously
1: The chair of the Tribunal must make such directions as are necessary to ensure that appeals and matters are heard in an orderly and expeditious manner.
2: Subsection (3) applies if—
a: more than 1 appeal is lodged by the same person whether or not—
i: relating to substantially the same set of circumstances; or
ii: lodged at the same time; or
b: appeals or matters that are lodged by different persons—
i: are associated because—
A: of the relationship of the appellant or appellants or affected person or persons; or
B: they relate to the same person; and
ii: relate to substantially the same set of circumstances; or
c: an appeal or matter is lodged and a previous appeal or matter has already been determined in respect of the same person.
3: If this subsection applies, the chair may, for the purposes of complying with subsection (1), direct that—
a: the appeals or matters be determined by the same member of the Tribunal; or
b: the appeals or matters be determined together by the same member of the Tribunal; or
c: the appeal or matter be determined by the same member of the Tribunal who determined the previous appeal or matter.
224: Tribunal may dismiss frivolous or vexatious appeal
The Tribunal may at any time dismiss an appeal that it is satisfied is frivolous or vexatious.
224AA: Tribunal may strike out, determine, or adjourn appeal
1: The Tribunal may strike out, in whole or in part, a proceeding if satisfied that it—
a: discloses no reasonable cause of action; or
b: is likely to cause prejudice or delay; or
c: is frivolous or vexatious; or
d: is otherwise an abuse of process.
2: If a party is neither present nor represented at the hearing of a proceeding, the Tribunal may,—
a: if the party is required to be present, strike out the proceeding; or
b: determine the proceeding in the absence of the party; or
c: adjourn the hearing. Section 224AA inserted 14 November 2018 section 103 Tribunals Powers and Procedures Legislation Act 2018
224A: Annual report on performance of Tribunal's functions
1: The chair of the Tribunal must, in each year, provide a report to the Minister of Justice, the Minister of Immigration, and the Minister for Courts on the performance of the Tribunal's functions under this Act in respect of the financial year ending in that year.
2: The report must include details of both the number of determinations and the nature of the determinations made by the Tribunal in the period to which the report relates.
3: The Minister of Justice must present a copy of the report to the House of Representatives as soon as practicable after it is provided to that Minister. Section 224A inserted 7 May 2015 section 59 Immigration Amendment Act 2015 Procedure for appeals and matters
225: How appeal or matter lodged
1: An appeal or matter must be lodged in the prescribed manner and be accompanied by the prescribed fee (if any).
2: The appellant or affected person must—
a: provide the Tribunal with a contact address and an address for service; and
b: notify the Tribunal in a timely manner of a change in either
3:
4: Section 225(2)﻿(a) replaced 7 May 2015 section 60(1) Immigration Amendment Act 2015 Section 225(2)﻿(b) amended 7 May 2015 section 60(2) Immigration Amendment Act 2015 Section 225(3) repealed 7 May 2015 section 60(3) Immigration Amendment Act 2015 Section 225(4) repealed 7 May 2015 section 60(3) Immigration Amendment Act 2015
226: Proceedings on appeal or matter
1: It is the responsibility of an appellant or affected person to establish his or her case or claim, and the appellant or affected person must ensure that all information, evidence, and submissions that he or she wishes to have considered in support of the appeal or matter are provided to the Tribunal before it makes its decision on the appeal or matter.
2: Where an appeal or matter is lodged,—
a: subject to agreement between the Tribunal and the chief executive, the Tribunal must give the chief executive a copy of the notice of appeal or matter and any information, evidence, or submissions lodged by the appellant or affected person; and
b: the chief executive must, in the time allowed by the Tribunal for the purpose, lodge with the Tribunal any file relevant to the appeal or matter that is held by the Department.
3: The Minister, the chief executive, or a refugee and protection officer may also, in the time allowed by the Tribunal for the purpose, lodge with the Tribunal any other information, evidence, or submissions in relation to the appeal or matter as he or she thinks fit. 1987 No 74 ss 18F(3) 129P(1)
227: Minister or Department is party to proceedings
The Minister, the chief executive, or a refugee and protection officer, as the case may be, is a party to any proceedings under this Act, including proceedings involving classified information.
228: Information Tribunal may consider
1: When considering an appeal or a matter, the Tribunal may seek information from any source.
2: However, the Tribunal is not obliged to seek any information, evidence, or submissions further to those provided by the appellant or the affected person and the Minister, the chief executive, or a refugee and protection officer (as the case may be), and may determine the appeal or matter only on the basis of the information, evidence, and submissions provided by those persons. 1987 No 74 ss 18F(2) 129P(2) 129S
229: Tribunal may require chief executive to provide information
1: The Tribunal may require the chief executive to seek and provide information relevant to an appeal or matter, and the chief executive must comply, to the extent practicable, with such a requirement.
2: Where the chief executive provides information to the Tribunal under subsection (1), the chief executive must be treated as an agent of the Tribunal for the purposes of the Official Information Act 1982 Privacy Act 2020
3: No party to the appeal or matter may request the Tribunal to exercise its powers under this section.
4: This section is subject to section 35(3) 1987 No 74 ss 18F(3) 129P(4) Section 229(2) amended 1 December 2020 section 217 Privacy Act 2020
230: Tribunal must disclose prejudicial information
1: Except as provided in subsection (3), the Tribunal must disclose to the appellant or affected person, and give the appellant or affected person an opportunity to rebut or comment on, information or material that—
a: is provided to the Tribunal by a source other than the appellant or affected person; and
b: is or may be prejudicial to the appellant or affected person; and
c: the Tribunal intends to take into account in determining the appeal or matter.
2: The Tribunal must set a reasonable time within which the appellant or affected person may rebut or comment on the information or material.
3: Subsection (1) does not require the Tribunal to disclose any information or material if—
a: the disclosure would be likely to endanger the safety of any person; or
b: it is classified information that the Tribunal must keep confidential and must not disclose under section 259
4: The Tribunal must, however, notify the appellant or affected person of the fact of any non-disclosure on the grounds specified in subsection (3). 1987 No 74 s 18F(7)–(9)
231: Findings of credibility and fact
1: On any appeal or matter, the Tribunal may rely on any finding of credibility or fact—
a: by the Tribunal in any previous appeal or matter determined by the Tribunal that involved the appellant or affected person; or
b: by any appeals body in any previous appeal or matter determined by the appeals body that involved the appellant or affected person.
2: A person may not challenge any finding of credibility or fact that may be relied on by the Tribunal under subsection (1).
3: For the purposes of subsection (1)﻿(b), matter section 129L(1)﻿(f) 1987 No 74 s 129P(9)
232: Tribunal may require provision of biometric information
For the purposes of assisting the Tribunal to determine an appeal or matter, the Tribunal may require the appellant or affected person to allow biometric information to be collected from him or her.
233: When Tribunal must or may provide oral hearing
1: The Tribunal must provide an oral hearing in the case of an appeal against liability for deportation by a resident or permanent resident.
2: The Tribunal may, in its absolute discretion, provide an oral hearing in any other appeal against liability for deportation.
3: The Tribunal must provide an oral hearing in the case of an appellant or affected person currently or previously recognised as a refugee or a protected person, or a claimant for such recognition, unless—
a: the person was interviewed by a refugee and protection officer (or a refugee status officer under the former Act) in the course of determining the relevant issue at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and
b: the Tribunal considers that the appeal or other contention of the person—
i: is prima facie manifestly unfounded or clearly abusive; or
ii: relates to a subsequent claim for refugee or protection status.
4: The Tribunal may, in its absolute discretion, provide an oral hearing in the case of an appeal that relates to a subsequent claim for refugee or protection status. Section 233 replaced 19 June 2013 section 9 Immigration Amendment Act 2013
234: Decision on papers in other circumstances
1: Despite section 233
2: Except as otherwise provided in section 233
235: Tribunal may issue single decision when appeals or matters heard together
In any proceedings in which more than 1 appeal or matter is heard together, the Tribunal may issue a single decision in respect of the appeals or matters.
236: Appeals against deportation liability where person serving prison sentence
1: Where a person appealing against his or her liability for deportation is serving a sentence of imprisonment in a prison, the Tribunal must, with a view to determining the appeal before the person’s release, consider and determine any appeal on humanitarian grounds as soon after the appeal is lodged but before sentence) before the person’s
2: In this section, parole eligibility date short-term sentence statutory release date section 4 Section 236(1) amended 24 October 2019 section 69(a) Statutes Amendment Act 2019 Section 236(1) amended 24 October 2019 section 69(b) Statutes Amendment Act 2019 Section 236(1) amended 24 October 2019 section 69(c) Statutes Amendment Act 2019
237: Procedure
Schedule 2
238: Withdrawal of appeal or matter
1: An appeal to the Tribunal may be withdrawn by the appellant at any time.
2: A matter lodged with the Tribunal may be withdrawn by the applicant at any time.
3: If a person withdraws an appeal against liability for deportation, the person may be served with a deportation order and the person’s deportation may be executed.
4: In any other case, if an appeal is withdrawn, the decision appealed against stands.
239: Deemed withdrawal of certain appeals where person leaves New Zealand
1: A person’s appeal to the Tribunal is deemed to be withdrawn when the person leaves New Zealand if the appeal is—
a: an appeal against liability for deportation, if the appeal is brought by a person liable for deportation under any of sections 154 to 158 161 162
b: an appeal against a decision to decline recognition as a refugee or a protected person; or
c: an appeal against a decision to cease to recognise a person as a refugee or a protected person.
2: Subsection (1) does not apply if—
a: the person's liability for deportation has been suspended under section 172(2)
b: the person leaves New Zealand during the suspension period.
3: In determining whether a person has left New Zealand, the Tribunal may rely on a certificate made under section 366(2)﻿(17) Special procedure where classified information involved
240: How proceedings involving classified information to be conducted by Tribunal
1: If proceedings before the Tribunal involve classified information, the Tribunal must consist of—
a: the chair of the Tribunal; or
b: the chair of the Tribunal and 1 or 2 other members.
2: If subsection (1)﻿(b) applies, each member must be—
a: a member of the Tribunal who is a District Court Judge; or
b: a nominated District Court Judge.
3: In this section, nominated District Court Judge
a: the Chief District Court Judge; or
b: a District Court Judge (other than the chair of the Tribunal) nominated by the Chief District Court Judge to be seconded to the Tribunal to exercise its jurisdiction in relation to proceedings involving classified information.
4: For the purposes of subsection (2)﻿(b), the Chief District Court Judge may nominate a maximum of 2 District Court Judges (other than himself or herself) at any one time.
241: Presentation of classified information to Tribunal
1: The Tribunal must be given access to classified information that—
a: was relied on to make a decision that is on appeal to the Tribunal; or
b: is first raised in the course of an appeal to, or a matter before, the Tribunal.
2: Before holding a substantive hearing on the appeal or matter, the Tribunal must hold a closed hearing at which the chief executive of the relevant agency makes a presentation on the classified information (a preliminary hearing
3: The purpose of the preliminary hearing is not to enable the Tribunal to consider or determine the matters in section 243
a: the chief executive of the relevant agency about the information; or
b: if necessary, any other person from the relevant agency about the information.
4: The preliminary hearing may not occur before the date that is 28 days after the appellant or affected person is provided with the names of possible special advocates under section 265(2)
5: The content of the presentation is to be determined by the chief executive of the relevant agency.
242: Tribunal to approve summary of allegations
1: The purpose of this section is to give an appellant or affected person an opportunity to comment on potentially prejudicial information in the course of proceedings involving classified information before the Tribunal.
2: If proceedings before the Tribunal involve classified information,—
a: the chief executive of the relevant agency must develop, and provide to the Tribunal for approval, a summary of the allegations arising from the classified information; and
b: the Tribunal must—
i: approve the summary developed under paragraph (a); or
ii: modify the summary, and then approve it; and
c: following approval (with or without modification) of the summary, the Tribunal must provide the summary to the appellant or affected person, the special advocate, and counsel assisting the court and the special adviser (if any and if relevant).
3: For the purposes of making its decision, the Tribunal may rely on the classified information only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 7(3)
4: In determining whether, or how, to modify the summary, the Tribunal—
a: must have regard to the views of the relevant agency; and
b: may have regard to the views of the applicant or the person who made the decision to which the proceedings apply.
5: Nothing in this section requires the summary to—
a: list any documents or other source material containing classified information; or
b: detail the contents of any documents or other source material containing classified information; or
c: specify the source of any documents or other source material containing classified information.
6: An updated summary must be prepared and provided in the same way as if it were a summary prepared under subsection (2) if—
a: any classified information that was proposed to be relied on in the course of the appeal or matter is withdrawn (unless all the information is withdrawn); or
b: further relevant classified information becomes available that may be relied on in the course of the appeal or matter.
7: To avoid doubt, a special advocate may not be involved in the process of approving, amending, or updating a summary (including an updated summary).
243: Matters to be considered by Tribunal
1: Where proceedings involve classified information, the Tribunal must determine the following matters:
a: whether the classified information is relevant to the subject matter of the appeal or matter concerned:
b: whether the classified information is information of a kind specified in section 7(2) section 7(3)
c: whether the classified information is credible:
d: the substantive grounds of the appeal or matter, having regard to—
i: all the information available to the Tribunal, including any relevant and credible classified information; and
ii: the relevant criteria under which the decision appealed against or to which the matter relates was made.
2: If the Tribunal considers that—
a: any classified information is not relevant to the appeal or matter, it must disregard that information; and
b: any information does not meet the criteria specified in section 7(2) and (3)
i: the relevant agency agrees to the disclosure of the information to the appellant or affected person; or
ii: the Tribunal considers that it is of benefit to the appellant or affected person; and
c: any classified information is not credible, it must disregard that information.
3: To avoid doubt, classified information may be relevant to an appeal or matter whether it is beneficial or detrimental to the appellant or affected person.
244: Tribunal may require mixture of closed and open hearings
In any oral hearing for proceedings involving classified information, the Tribunal may require a mixture of—
a: closed hearings for those parts of the hearing in which classified information is involved; and
b: hearings at which the appellant or affected person may be present. Appeal from Tribunal and judicial review
245: Appeal to High Court on point of law by leave
1: Where any party to an appeal to, or matter before, the Tribunal (being either the person who appealed or applied to the Tribunal, an affected person, or the Minister, chief executive, or other person) is dissatisfied with any determination of the Tribunal in the proceedings as being erroneous in point of law, that party may, with the leave of the High Court (or, if the High Court refuses leave, with the leave of the Court of Appeal), appeal to the High Court on that question of law.
1A: A decision by the Court of Appeal to refuse leave to appeal to the High Court is final.
2: An application to the High Court under this section for leave to appeal must be made
a: not later than 28 days after the date on which the decision of the Tribunal to which the appeal relates was notified to the party appealing; or
b: within such further time as the High Court may allow on application made before the expiry of that 28-day period.
3: In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to whether the question of law involved in the appeal is one that by reason of its general or public importance or for any other reason ought to be submitted to the High Court for its decision.
4: On the appeal, the High Court must determine the question or questions of law arising in the proceedings, and may then—
a: confirm the decision in respect of which the appeal has been brought; or
b: remit the matter to the Tribunal with the opinion of the High Court, together with any directions as to how the matter should be dealt with; or
c: make such other orders in relation to the matter as it thinks fit.
5: Subject to subsection (2), every appeal under this section must be dealt with in accordance with the rules of the court, with any modifications necessary to reflect the provisions of this Act, including any ancillary general practices and procedures developed under section 260 1987 No 74 s 115 Section 245(1A) inserted 7 May 2015 section 61(1) Immigration Amendment Act 2015 Section 245(2) amended 7 May 2015 section 61(2) Immigration Amendment Act 2015
246: Appeal to Court of Appeal on point of law by leave
1: Any party to an appeal under section 245 Section 56
2: In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to whether the question of law involved in the appeal is one that by reason of its general or public importance or for any other reason ought to be submitted to the Court of Appeal for its decision.
3: The court granting leave under this section may in its discretion impose such conditions as it thinks fit, whether as to costs or otherwise.
4: Every appeal under this section must be dealt with in accordance with the rules of the court, with any modifications necessary to reflect the provisions of this Act, including any ancillary general practices and procedures developed under section 260 1987 No 74 s 116 Section 246(1) amended 1 March 2017 section 183(b) Senior Courts Act 2016
247: Special provisions relating to judicial review
1: Any review proceedings in respect of a statutory power of decision arising out of or under this Act must be commenced not later than 28 days after the date on which the person concerned is notified of the decision, unless—
a: the High Court decides that, by reason of special circumstances, further time should be allowed; or
b: leave is required, under section 249(3)
2:
3: In this section, statutory power of decision section 4
4: Nothing in this section limits the time for bringing review proceedings challenging the vires of any regulations made under this Act. 1987 No 74 s 146A Section 247(1) replaced 7 May 2015 section 62 Immigration Amendment Act 2015 Section 247(2) repealed 7 May 2015 section 62 Immigration Amendment Act 2015 Section 247(3) amended 1 March 2017 section 24 Judicial Review Procedure Act 2016
248: Minister, chief executive, or refugee and protection officer may be respondent in review proceedings relating to Tribunal decision
The Minister, the chief executive, or a refugee and protection officer, as the case may be, may be a respondent in any review proceedings relating to a decision of the Tribunal.
249: Restriction on judicial review of matters within Tribunal’s jurisdiction
1: No review proceedings may be brought in any court in respect of a decision where the decision (or the effect of the decision) may be subject to an appeal to the Tribunal under this Act unless an appeal is made and the Tribunal issues final determinations on all aspects of the appeal.
2: No review proceedings may be brought in any court in respect of any matter before the Tribunal unless the Tribunal has issued final determinations in respect of the matter.
3: Review proceedings may then only be brought in respect of a decision or matter described in subsection (1) or (2) if the High Court has granted leave to bring the proceedings or, if the High Court has refused to do so, the Court of Appeal has granted leave.
4: An application to the High Court for leave to bring review proceedings must be made—
a: not later than 28 days after the date on which the Tribunal’s determination in respect of the decision or matter to which the review proceedings relate is notified to the person bringing the proceedings; or
b: within such further time as the High Court may allow on application made before the expiry of that 28-day period.
5: A decision by the Court of Appeal to refuse leave to bring review proceedings in the High Court is final.
6: In determining whether to grant leave for the purposes of this section, the court to which the application for leave is made must have regard to—
a: whether review proceedings would involve issues that could not be adequately dealt with in an appeal against the final determination of the Tribunal; and
b: if paragraph (a) applies, whether those issues are, by reason of their general or public importance or for any other reason, issues that ought to be submitted to the High Court for review.
7: A court that grants leave under subsection (3) to bring review proceedings must state the issue or issues to be determined in the proceedings.
8: Nothing in this section limits any other provision of this Act that affects or restricts the ability to bring review proceedings. Section 249 replaced 7 May 2015 section 63 Immigration Amendment Act 2015
249A: Applications for appeal and judicial review of Tribunal decision to be lodged together
1: This section applies if a person intends to both appeal against a determination of the Tribunal under this Act and bring review proceedings in respect of that same decision.
2: The person must—
a: lodge the application for leave to appeal and the application for leave to bring review proceedings together; and
b: if both applications for leave are granted, lodge the application for appeal and the application for judicial review together.
3: The High Court must, unless it considers it impracticable in the particular circumstances of the case to do so,—
a: endeavour to determine both applications for leave together; and
b: if both applications for leave are granted, endeavour to hear the appeal and the review proceedings together. Section 249A inserted 7 May 2015 section 63 Immigration Amendment Act 2015
249B: Appeal to Court of Appeal against judicial review of matters within Tribunal’s jurisdiction
1: This section applies in respect of judicial review proceedings for which leave was granted under section 249(3)
2: Any party to the proceedings who is dissatisfied with any determination of the High Court in the proceedings may, with the leave of the High Court (or, if the High Court refuses leave, with the leave of the Court of Appeal), appeal to the Court of Appeal. Section 56
3: In determining whether to grant leave to appeal under this section, the court to which the application for leave is made must have regard to whether the issue involved in the appeal is one that, by reason of its general or public importance or for any other reason, ought to be submitted to the Court of Appeal for its decision. Section 249B inserted 7 May 2015 section 63 Immigration Amendment Act 2015 Section 249B(2) amended 1 March 2017 section 183(b) Senior Courts Act 2016
250: Certain appeals and review proceedings to be treated as priority fixture
All courts must hear and determine any appeal or review proceedings relating to the following persons as if the appeal or review had been granted a priority fixture:
a: persons who are unlawfully in New Zealand:
b: persons who are not New Zealand citizens and who hold temporary entry class visas.
251: Relationship with Senior Courts Act 2016
The Senior Courts Act 2016 is subject to sections 247 248 249 250 262 Section 251 replaced 1 March 2017 section 183(b) Senior Courts Act 2016 General provisions relating to proceedings involving classified information
252: Proceedings involving classified information may be heard only by nominated Judge
1: Where proceedings involving classified information are to be heard by the High Court, the proceedings must be heard by 1 or more nominated Judges.
2: In this section and section 253 nominated Judge
a: the Chief High Court Judge:
b: a High Court Judge nominated by the Chief High Court Judge to hear and determine proceedings involving classified information.
3: For the purposes of subsection (2)﻿(b), the Chief High Court Judge may nominate a maximum of 2 High Court Judges (other than himself or herself) at any one time.
253: Appeal to High Court or review proceedings involving classified information
1: This section applies where an appeal or review proceedings in the High Court involve classified information.
2: Where a party raises classified information in an appeal or review proceedings, the nominated Judge must consider the information and any submissions made in relation to it in order to determine whether it is relevant to the appeal or review proceedings.
3: Where the court determines that the classified information is relevant to the appeal or review proceedings, sections 252 255 to 270
4: Where the nominated Judge determines that the classified information is not relevant to the appeal or review proceedings, section 259(3) to (8)
254: Appeal to Court of Appeal or Supreme Court involving classified information
1: This section applies where classified information is relied on in a decision (whether on appeal, review, or otherwise) that is subject to appeal to—
a: the Court of Appeal, whether under section 246
b: the Supreme Court.
2: Where a party raises classified information in an appeal or review proceedings, the court must consider the information and any submissions made in relation to it in order to determine whether it is relevant to the appeal or review proceedings.
3: Where the court determines that the classified information is relevant to the appeal or review proceedings, sections 255 to 270
4: Where the court determines that the classified information is not relevant to the appeal or review proceedings, section 259(3) to (8)
255: Appeal period where decision involving classified information to be appealed to Court of Appeal or Supreme Court
Where any decision on any appeal or review or other proceedings involving classified information is to be appealed to the Court of Appeal or to the Supreme Court, the appeal must be lodged not later than 10 days after the appellant is notified of the decision being appealed against.
256: Court to approve summary of allegations
1: The purpose of this section is to give an appellant, a respondent, or an affected person, as the case may be, an opportunity to comment on potentially prejudicial information in the course of proceedings involving classified information in a court.
2: If proceedings before a court involve classified information,—
a: the chief executive of the relevant agency must develop, and provide to the court for approval, a summary of the allegations arising from the classified information; and
b: the court must—
i: approve the summary developed under paragraph (a); or
ii: modify the summary and then approve it; and
c: following approval (with or without modification) of the summary, the court must provide the summary to the appellant, respondent, or affected person, the special advocate, and counsel assisting the court and the special adviser (if any and if relevant).
3: For the purposes of making its decision, the court may rely on the classified information only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 7(3)
4: In determining whether, or how, to modify the summary, the court—
a: must have regard to the views of the relevant agency; and
b: may have regard to the views of the person who made the decision to which the proceedings apply or who made the application to which the proceedings apply.
5: Nothing in this section requires the summary to—
a: list any documents or other source material containing classified information; or
b: detail the contents of any documents or other source material containing classified information; or
c: specify the source of any documents or other source material containing classified information.
6: An updated summary must be prepared and provided in the same way as if it were a summary prepared under subsection (2), if—
a: any classified information that was proposed to be relied on in the course of the proceedings is withdrawn (unless all the information is withdrawn); or
b: further relevant classified information becomes available that will be relied on in the course of the proceedings.
257: Priority or urgency to be afforded to proceedings involving classified information
1: A court and the Tribunal must give priority to setting down and determining any proceedings involving classified information.
2: A court must treat with urgency proceedings involving classified information in relation to a person—
a: whose deportation has been ordered under section 163
b: who is being detained under Part 9
3: Nothing in this section prevents a party to proceedings in the Tribunal or a court from requesting urgency in any other case.
258: Relevant agency entitled to be party to proceedings involving classified information
1: Where any proceedings involving classified information are to be heard by the Tribunal or a court, the relevant agency is entitled to be a party to the proceedings.
2: The chief executive of the Department must notify the chief executive of the relevant agency about any proceedings involving classified information.
259: Obligation and powers of Tribunal and courts in relation to classified information
1: The Minister or a refugee and protection officer (as appropriate) must provide to the Tribunal or a court (as appropriate) classified information—
a: relied on in making a decision that is appealed or subject to review proceedings in accordance with this Act; or
b: first raised in the course of an appeal to, or a matter before, the Tribunal.
2: Before providing the classified information, the Minister or the refugee and protection officer must consult the chief executive of the relevant agency.
3: The Tribunal and the courts must keep confidential and must not disclose any information provided as classified information, even if they consider that the information does not meet the criteria set out in section 7(2) and (3)
4: Subsection (3) applies both during and after completion of proceedings involving classified information.
5: In any oral hearing, the Tribunal and the courts must receive or hear the following in a closed hearing:
a: any information provided as classified information:
b: any submissions in relation to information provided as classified information.
6: In any proceedings involving classified information, the Tribunal or a court may, in order to comply with subsection (3), make 1 or more of the following orders:
a: an order forbidding publication of any report or account of the whole or any part of the evidence adduced or the submissions made in the proceedings:
b: an order forbidding the publication of the name of any witness or witnesses, or any name or particulars likely to lead to the identification of any witness or witnesses:
c: subject to subsection (5), an order excluding any person from the whole or any part of the Tribunal's or the court's proceedings, including—
i: the appellant or the appellant's representative; or
ii: the affected person or the affected person's representative; or
iii: staff of the Tribunal or court.
7: An order made under subsection (6)—
a: may be made for a limited period or permanently; and
b: if it is made for a limited period, may be renewed for a further period or periods by the Tribunal or the court; and
c: if it is made permanently, may be reviewed by the Tribunal or the court at any time.
8: Nothing in this section limits section 27 1987 No 74 s 82(1), (3)
260: Ancillary general practices and procedures to protect classified information
1: Any general practices and procedures that may be necessary to implement the procedures specified in sections 240 to 244 252 to 270 325 326
a: the chair of the Tribunal and the Attorney-General, in relation to proceedings involving classified information heard by the Tribunal; and
b: the Chief Justice and the Attorney-General, in relation to all other proceedings.
2: Without limiting subsection (1), general practices and procedures may be agreed on the following matters:
a: measures relating to the physical protection of the classified information during and after all proceedings involving classified information:
b: the manner in which the classified information may be provided to the Tribunal or the court:
c: measures to preserve the integrity of the classified information until any appeals are withdrawn or finally determined.
261: No disqualification by reason of security briefing
No Judge or member of the Tribunal is disqualified from hearing any proceedings involving classified information by reason of having received a briefing on security matters in general from any agency.
262: Restriction on appeal and review
1: No appeal or review proceedings may be brought in respect of the use of classified information for the purposes of this Act except as provided for in this Act.
2: To avoid doubt and without limiting subsection (1) or section 249
a: a determination of the Minister under section 33
b: the form or content of a summary prepared and provided under section 38
c: the form or content of information provided under section 39
d: the form or content of a presentation made by the chief executive of a relevant agency under section 241
e: the form or content of a summary developed, provided, and approved under section 242 256
f: a decision to withdraw, update, or add to classified information.
3: No appeal under section 245
4: No review proceedings may be brought in relation to any appeal or matter before the Tribunal to which subsection (3) or sections 240 to 244 Special advocates
263: Role of special advocates
1: The role of a special advocate is to represent a person who is the subject of—
a: a decision made involving classified information; or
b: proceedings involving classified information.
2: In particular, a special advocate may—
a: lodge or commence proceedings on behalf of the person:
b: make oral submissions and cross-examine witnesses at any closed hearing:
c: make written submissions to the Tribunal or the court, as the case may be.
3: At all times a special advocate must—
a: ensure that the confidentiality of the classified information remains protected; and
b: act in accordance with his or her duties as an officer of the High Court.
4: The Minister or a refugee and protection officer (as appropriate) must provide a special advocate with access to the classified information—
a: relied on in making the decision being appealed against; or
b: provided to the Tribunal for the purpose of determining the matter; or
c: provided to the Tribunal or the court in the appeal or in the review proceedings; or
d: provided to the court in warrant of commitment proceedings.
5: Before providing access to the classified information, the Minister or the refugee and protection officer must consult the chief executive of the relevant agency.
6: A special advocate must keep confidential and must not disclose classified information, except as expressly provided under this Act.
7: The chief executive of the Department must meet the actual and reasonable costs of a special advocate on a basis agreed between the special advocate and the designated agency.
264: Recognition of special advocates
1: A special advocate is a lawyer (as defined in section 6
2: The designated agency may recognise a lawyer as a special advocate if—
a: the lawyer holds an appropriate security clearance given by the chief executive of the Ministry of Justice; and
b: the designated agency is satisfied that the lawyer has appropriate knowledge and experience to be recognised as a special advocate.
3: Recognition under this section continues for 5 years, but the designated agency may recognise a lawyer as a special advocate for further 5-year periods.
4: The designated agency may withdraw a special advocate's recognition if the special advocate—
a: ceases to hold an appropriate security clearance; or
b: is suspended from practice as a barrister, a solicitor, or both, under the Lawyers and Conveyancers Act 2006
c: is struck off the roll of barristers and solicitors of the High Court.
5: The designated agency must, in addition to recording the persons recognised by it as special advocates, maintain a list of special advocates who may represent persons in proceedings under Part 9
a: a person has not yet appointed a special advocate to represent him or her in any appeal, matter, or review proceedings involving classified information; and
b: classified information may be relied on in determining an application made under that Part.
265: Appointment of special advocate in individual case
1: The Minister or a refugee and protection officer (as appropriate) must notify the designated agency if it is likely that a decision under this Act (other than a decision on appeal to, or in relation to a matter before, the Tribunal)—
a: will be made relying on classified information; and
b: may be subject to appeal.
2: The designated agency must provide the names of no fewer than 3 possible special advocates to a person who is the subject of a decision under this Act (other than a decision on appeal to, or in relation to a matter before, the Tribunal)—
a: if the decision relies on classified information and a person subject to the decision appeals it; and
b: not later than 3 days after the person lodges the appeal.
3: The designated agency must not provide the name of a special advocate unless the special advocate is reasonably available, having regard to the time frames in this Part.
4: The chief executive or the Minister (as appropriate) must notify the designated agency if—
a: classified information is first raised or proposed to be raised in the course of an appeal to, or a matter before, the Tribunal; or
b: a person appeals against a decision of the Tribunal and the Tribunal relied on classified information in making the decision; or
c: a person brings review proceedings in relation to any decision made under this Act and the decision maker relied on classified information in making the decision.
5: The designated agency must provide the names of no fewer than 3 possible special advocates to the appellant, applicant, or affected person, as the case may be, no later than 3 days after receiving a notification under subsection (4).
6: An appellant, applicant, or affected person, as the case may be, must determine whether to appoint a special advocate, and which special advocate to appoint, and notify the designated agency accordingly, not later than 7 days after being notified of the names of possible special advocates.
7: If the appellant, applicant, or affected person does not appoint a special advocate, the Department must make arrangements with the designated agency for a special advocate to be available on behalf of the person.
8: Subsection (6) does not apply if the appellant or applicant is the Minister, the chief executive, or a refugee and protection officer.
266: Appointment of special advocate for purposes of Part 9 proceedings
1: This section applies to a person if the person—
a: has not appointed a special advocate to represent him or her in any appeal, matter, or review proceedings involving classified information; and
b: is the subject of an application under Part 9
2: If the person has been arrested and detained under Part 9 section 264(5)
3: If the person has been detained under a warrant of commitment, or released on conditions under section 320 section 264(5)
4: If an application on a matter to which subsection (2) or (3) applies is made directly to the High Court, or is transferred to the High Court, the special advocate concerned must be provided with access to the classified information provided to the High Court before the application is heard (and he or she may not unreasonably refuse to be provided with access to the classified information).
5: The designated agency must not provide the name of a special advocate unless the special advocate is reasonably available, having regard to the time frames in Part 9
267: Communication between special advocate and person to whom classified information relates
1: In this section (other than subsection (4)), person A
a: a person who has appointed a special advocate under section 265(6)
b: a person to whom a special advocate has been made available under section 265(7) 266
2: In subsection (4), person A
a: a person who has appointed a special advocate under section 265(6)
b: a person to whom a special advocate has been made available under section 265(7)
3: A special advocate may communicate with person A or person A's representative on an unlimited basis until the special advocate has been provided with access to the classified information concerned, but once he or she has been provided with access to the classified information, he or she may not communicate with any person about any matter connected with the proceedings involving the classified information except in accordance with this section.
4: The Minister or a refugee and protection officer (as appropriate) must provide the special advocate with access to the classified information on any date that is 29 days or more after the date on which person A was provided with the names of possible special advocates under section 265(2) or (5) section 265(7)
5: A special advocate may not unreasonably refuse to be provided with access to the classified information after the date after which access may be provided under subsection (4).
6: A special advocate may, without the approval of the Tribunal or the court, communicate about the proceedings with—
a: the Judge or Judges of the Tribunal or the court:
b: the Minister, or the Minister’s security-cleared representative:
c: the refugee and protection officer concerned, or the refugee and protection officer's security-cleared representative:
d: the chief executive of the relevant agency, or that chief executive’s security-cleared representative:
e: the chief executive of the Department, if the proceedings relate to an application to which section 325
f: any other person, except for person A or his or her representative, with whom it is necessary for administrative purposes for the special advocate to communicate about matters not connected with the substance of the proceedings.
7: A special advocate who wishes to communicate with person A or his or her representative after having been given access to the classified information may submit a written communication to the Tribunal or the court (as appropriate) for approval and for forwarding to person A or his or her representative.
8: The Tribunal or court must either—
a: forward the communication, with or without amendment, to person A or his or her representative if the communication would not be likely to prejudice the interests referred to in section 7(3)
b: decline to forward the communication, and notify the special advocate of that decision.
9: The Tribunal or court may consult the chief executive of the relevant agency before determining—
a: whether to forward a communication, with or without amendment, to person A or his or her representative; or
b: if it proposes to forward the communication, the nature of any amendments necessary; or
c: whether to decline to forward the communication.
10: The Tribunal or court may—
a: amend a communication only if the communication would be likely to prejudice the interests referred to in section 7(3
b: decline to forward a communication only if the communication would be likely to prejudice the interests referred to in section 7(3)
11: Person A may, of his or her own volition, communicate with the special advocate on any matter in accordance with subsection (12).
12: The communication—
a: must be made in writing; and
b: may be made through person A's representative.
13: The special advocate must not reply to such a communication except—
a: in accordance with the manner set out in subsection (7); or
b: in order to provide a bare acknowledgement of receipt of the communication to person A or his or her representative.
268: Protection of special advocates from liability
1: To the extent that a special advocate is acting in accordance with the requirements of this Act, he or she is not guilty of—
a: misconduct within the meaning of section 9
b: unsatisfactory conduct within the meaning of section 12
2: To avoid doubt, the provisions of this Act apply despite the requirements of any practice rules made and approved under the Lawyers and Conveyancers Act 2006
3: No person is personally liable for any act done or omitted to be done in good faith, in his or her capacity as a special advocate, in accordance with the requirements or provisions of this Act or of any regulations made under this Act.
269: Tribunal or court may appoint counsel assisting the court
1: The Tribunal or a court may appoint counsel assisting the court for the purposes of any proceedings before it involving classified information.
2: Counsel assisting the court may be a special advocate but, if not, must be a person who holds an appropriate security clearance given by the chief executive of the Ministry of Justice.
3: Subsection (1) applies regardless of whether the person concerned has appointed a special advocate or a special advocate has been made available for the person.
4: The Tribunal or the court may provide counsel assisting the court with access to the classified information concerned as it thinks fit.
5: Counsel assisting the court must keep confidential and must not disclose classified information, except as expressly provided under this Act.
6: Counsel assisting the court may be removed from office by the Tribunal or a court for inability to perform the role of counsel assisting the court, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the Tribunal or the court.
270: Tribunal or court may appoint special adviser
1: The Tribunal or a court may appoint a cultural, medical, intelligence, military, or other special adviser for the purposes of giving advice in any proceedings before it involving classified information.
2: The special adviser must hold an appropriate security clearance given by the chief executive of the Ministry of Justice.
3: The Tribunal or the court may provide the special adviser with access to the classified information concerned as it thinks fit.
4: A special adviser must keep confidential and must not disclose classified information, except as expressly provided under this Act.
5: Subsection (1) applies regardless of whether—
a: the person concerned has appointed a special advocate or a special advocate has been made available for the person; and
b: the Tribunal or the court has appointed counsel assisting the court for the purposes of the proceedings.
6: A special adviser may be removed from office by the Tribunal or a court for inability to perform the role of special adviser, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the Tribunal or the court.
271: Payment to counsel assisting the court or special adviser
1: The Tribunal or the court concerned may make the order it thinks just for payment to—
a: counsel assisting the court appointed for any proceedings under section 269
b: a special adviser appointed for any proceedings under section 270
2: The Registrar of the Tribunal or the court must send a copy of the order to the chief executive of the department of State referred to in clause 5 of Schedule 2
8: Compliance and information
272: Purpose of Part
The purpose of this Part is—
a: to confer on immigration officers the power to obtain information in order to allow the Department to—
i: detect immigration fraud or misrepresentation:
ii: identify persons failing to comply with immigration-related obligations, including by breaching the conditions of their visas:
b: to confer on immigration officers powers to assist in locating persons who are or may be liable for deportation:
c: to authorise the Department to share information with other persons and agencies, to enable—
i: the persons and agencies to effectively administer and comply with certain legislation or to check a person's eligibility for publicly funded services; and
ii: the Department to effectively administer this Act:
d: to confer on constables the powers described in paragraphs (a) and (b).
273: Meaning of information, document, register, list, etc, in sections 274, 276, 277, and 278
In sections 274 276 277 278 Power to access address information
274: Certificate requiring production of address information
1: An immigration officer may prepare a certificate in the prescribed form if the officer has good cause to suspect that—
a: a particular person may be, or may become as a result of investigations, liable for deportation; or
b: particular premises are being occupied or have been occupied (whether for residential purposes or otherwise) by a person who may be, or may become as a result of investigations, liable for deportation.
2: A certificate prepared under subsection (1)﻿(a) may, where the officer believes that the person concerned may be using 1 or more aliases, include any such alias.
3: On being provided with a certificate prepared under subsection (1), any person referred to in section 275
a: in the case of a certificate prepared under subsection (1)﻿(a), the present whereabouts of the person named in the certificate or that person’s whereabouts at any time in the past; or
b: in the case of a certificate prepared under subsection (1)﻿(b), the name of the present occupier or any of the present occupiers of the premises or the name of the occupier or any of the occupiers of the premises at any time in the past.
4: Subsection (3) applies despite any enactment or rule of law to the contrary, and no person who provides a record or information in compliance with that subsection is liable in any civil or criminal proceedings in respect of that action. 1987 No 74 s 64
275: Persons required to provide access to address information
The persons and bodies who may be required by certificate under section 274
a: the following government agencies:
i: New Zealand Customs Service:
ii: Ministry of Social Development:
iii: Ministry of Justice:
iv: New Zealand Police:
v: Land Transport New Zealand:
vi: Department of Building and Housing:
vii: Kāinga Ora–Homes and Communities
viii: Department of Corrections:
ix: any government agency established in substitution for, or set up to take over any relevant function of, the departments and agencies listed in subparagraphs (i) to (viii):
b: education providers, in relation only to enrolled students not in compulsory education:
c: postal and courier service providers:
d: telecommunications service providers:
e: internet service providers:
f: subscription television service providers:
g: finance and banking service providers:
h: local government and regional government bodies:
i: insurance service providers:
j: providers of utilities such as electricity, gas, and water:
k: real estate agents:
l: in relation to a person whose location is being sought, the person’s employer or former employer. 1987 No 74 s 64 Schedule 1 Section 275(a)﻿(vii) amended 1 October 2019 section 33 Kāinga Ora–Homes and Communities Act 2019 Powers of entry, inspection, etc
276: Powers of entry and inspection relating to records of accommodation providers
1: An immigration officer may exercise the powers in subsection (2) for the purposes of locating any person who is liable for deportation.
2: Where an immigration officer believes on reasonable grounds that the information contained in any register or list kept by an accommodation provider might relate to any person who is liable for deportation, the officer may—
a: enter any part of the premises, other than a part of the premises that is a dwellinghouse, in which the officer reasonably believes the register or list is kept; and
b: require the accommodation provider or any person appearing to have that register or list under that person’s control to produce for inspection any part of the register or list that relates to a person who is liable for deportation; and
c: copy or require a person to provide a copy of any part of any register or list that is required to be produced to the officer.
3: An immigration officer may exercise the powers in subsection (2) at any reasonable time during which the premises are open for business, whether by day or by night and without warrant or any other authority than this section.
4: In this section, accommodation provider 1987 No 74 s 138
277: Powers of entry and inspection relating to records of employers
1: An immigration officer may exercise the powers in subsection (3) in the circumstances described in subsection (2) for the following purposes:
a: determining whether a person is complying with work-related conditions of his or her visa:
b: determining whether an employer is complying with the employer's obligations (which, to avoid doubt, includes the obligation not to commit an offence)
c: locating a person who is liable for deportation:
d: determining whether a person who is working for an employer in New Zealand is entitled to work in New Zealand.
2: An immigration officer may exercise the powers in subsection (3) where the officer believes on reasonable grounds that—
a: there is kept on any
i: any wages and time record kept by an employer in accordance with the provisions of any Act; or
ii: any other document relating to the remuneration or employment conditions of an employee; and
b: there may be information in that record or other document relating to a person who is—
i: not entitled under this Act to work in New Zealand or to undertake work of the relevant type or duration or for the relevant employer; or
ii: otherwise not complying with obligations under this Act (including obligations as an employer); or
iii: liable for deportation.
3: An immigration officer may—
a: enter any part of the employer’s premises in which the officer reasonably believes a wages and time record, or any other document referred to in subsection (2)﻿(a)﻿(ii), is kept; and
b: require the employer or the person appearing to have the record or document under that person's control to produce that record or document for inspection; and
c: copy or require a person to provide a copy of any part of any record or document that is required to be produced to the officer.
4: An immigration officer may exercise the powers in subsection (3) at any reasonable time during which work is being carried out on the premises or the premises are open for business, whether by day or by night, without a warrant or any other authority than this section.
5: In this section, premises 1987 No 74 s 138 Section 277(1)﻿(b) amended 7 May 2015 section 65(1) Immigration Amendment Act 2015 Section 277(1)﻿(d) inserted 7 May 2015 section 65(2) Immigration Amendment Act 2015 Section 277(2)﻿(a) amended 7 May 2015 section 65(3) Immigration Amendment Act 2015 Section 277(5) inserted 7 May 2015 section 65(4) Immigration Amendment Act 2015
277A: Powers of entry and search for employees on employers’ premises
1: In this section,— premises specified employee section 350 351 specified person
a: is not entitled under this Act to work in New Zealand; or
b: is not complying with 1 or more work-related conditions of his or her visa.
2: An immigration officer may, for any purpose listed in section 277(1)
a: that are owned, occupied, or used by an employer; and
b: at which the officer believes on reasonable grounds that work is being done.
3: An immigration officer may—
a: enter any part of the premises; and
b: search for any specified person or specified employee at the premises; and
c: require any specified person at the premises to answer questions put by the immigration officer in order to ascertain—
i: whether the person is entitled to work in New Zealand; and
ii: whether the person is complying with the work-related conditions of his or her visa (if any); and
d: require any specified person at the premises to produce for inspection—
i: any documentary or other evidence of the person's identity; and
ii: the person's passport or certificate of identity (whether or not it also relates to any other person); and
e: require anyone at the premises who has access to copying facilities to provide copies of any documents or things provided under paragraph (d); and
f: require any specified employee at the premises to answer questions put by the immigration officer in order to ascertain whether the specified employee's employer is complying with the employer's obligations under this Act.
4: An immigration officer may retain any original documents or things produced under subsection (3)﻿(d), and any copies provided under subsection (3)﻿(e), and may check them against any wages and time records, or any other documents relating to the remuneration or employment conditions of any employees, obtained by the officer under section 277(3)
5: The powers in subsection (3) may be exercised at any reasonable time during which work is being carried out at the premises, or they are open for business, whether by day or by night, without a warrant or any other authority than this section.
6: Any original documents or things produced under this section may be retained and used by an immigration officer until the immigration officer has determined whether the person to whom they relate is liable for deportation or turnaround, and then,—
a: if the person is liable for deportation or turnaround, or becomes liable for deportation following the exercise of the immigration officer's powers under this section, the documents or things may be retained and used by the Crown toward effecting the person's deportation or departure from New Zealand; or
b: if the person is not liable for deportation or turnaround, and does not become liable for deportation following the exercise of the immigration officer's powers under this section, the documents or things must be returned to the person as soon as possible. Section 277A inserted 6 May 2016 section 66 Immigration Amendment Act 2015
277B: Department must review and report on entry and search powers under section 277A
1: The Department must, not later than 3 years after the commencement of section 277A
a: review the exercise by immigration officers of the entry and search powers conferred by section 277A(3)﻿(a) and (b)
b: prepare a report on the review for the Minister.
2: The report must include recommendations to the Minister on whether any amendments to the Act concerning the powers under section 277A(3)﻿(a) or (b)
3: As soon as practicable after receiving the report, the Minister must present a copy of the report to the House of Representatives. Section 277B inserted 6 May 2016 section 66 Immigration Amendment Act 2015
277C: Departmental annual report to record exercise of entry and search powers under section 277A
1: The chief executive must include in every annual report prepared by the chief executive for the purposes of section 43
a: the number of occasions during the period covered by the report on which immigration officers exercised the powers conferred by section 277A(3)﻿(a) or (b)
b: the number of persons charged during the period covered by the report with an offence under section 350 351 section 277A(3)﻿(a) or (b)
2: To avoid doubt, this section does not require the chief executive to include in any annual report information about an entry or a search undertaken by consent. Section 277C inserted 6 May 2016 section 66 Immigration Amendment Act 2015
278: Powers of entry and inspection relating to records of education providers
1: An immigration officer may exercise the powers in subsection (4) in the circumstances described in subsection (2) for the following purposes:
a: determining whether a person is complying with the study-related conditions of his or her visa:
b: determining whether an education provider is complying with the provider’s obligations under this Act:
c: locating a person who is liable for deportation.
2: Subject to subsection (3), an immigration officer may exercise the powers in subsection (4) where the immigration officer believes on reasonable grounds that—
a: any information or record is held on an education provider’s premises; and
b: that information or record may relate to a person who is—
i: not entitled under this Act to study in New Zealand, or undertake a course of study of a particular type or duration or conducted by a particular education provider; or
ii: otherwise not complying with obligations under this Act (including obligations as an education provider); or
iii: liable for deportation.
3: The powers in subsection (4) may not be exercised in relation to a person undertaking compulsory education or any member of the family of such a person.
4: An immigration officer may—
a: enter any part of the education provider's premises in which the officer reasonably believes the information or record is held; and
b: require the education provider or person appearing to have the information or record under that person’s control to produce for inspection the information or record; and
c: copy or require a person to provide a copy of any information or record that is required to be produced to the officer.
5: An immigration officer may exercise the powers in subsection (4) at any reasonable time during which the education provider is open for business, whether by day or by night, without a warrant or any other authority other than this section. 1987 No 74 s 138 Power to require production of documents, etc
279: Powers of immigration officer to require information and documents where offence suspected
1: Where an immigration officer has good cause to suspect that a person has committed an offence against this Act, the officer may require the person to do all or any of the following things:
a: supply the person's full name (or names, if the person is known by more than 1 name), date of birth, country of birth, nationality, and residential address:
b: produce for inspection documentary or other evidence of the person’s identity:
c: produce any passport or certificate of identity relating or purporting to relate to the person, whether or not it also relates to any other person:
d: produce evidence of any visa relating or purporting to relate to the person, whether or not it relates to any other person:
e: surrender any passport, certificate of identity, or evidence of any visa produced under paragraph (c) or (d):
f: if the person does not currently have in his or her possession any of the documents or other things referred to in paragraphs (b) to (d), give the officer details of where they can be found and who is holding them.
2: Before acting under subsection (1), the immigration officer must—
a: inform the person that he or she suspects that the person has committed an offence against this Act; and
b: warn the person that if the person fails without reasonable excuse to comply with his or her request, the person may be charged with an offence against section 344(b) 1987 No 74 s 136(1)
279A: Treatment of identity documents and other things
1: In this section and sections 280 to 281B identity document
a: documentary or other evidence of the person’s identity:
b: any passport or certificate of identity relating or purporting to relate to the person, whether or not it also relates to any other person:
c: any passport or certificate of identity relating to a dependent child of the person (but only in circumstances where there is good cause to suspect that the child is liable for deportation or turnaround).
2: Any identity documents or things surrendered or obtained under sections 280 to 281B
3: To the extent that any identity documents or things surrendered or obtained under sections 280 to 281B
a: on the person's departure from New Zealand or on the person being granted a visa and entry permission; or
b: when the person's liability for deportation is cancelled or suspended, or ceases for any reason. Section 279A inserted 7 May 2015 section 67 Immigration Amendment Act 2015
280: Power of immigration officer to request information and documents where liability for deportation or turnaround suspected
1: If an immigration officer has good cause to suspect that a person is liable for deportation or turnaround, the officer may, for the purpose of establishing whether that is the case, request the person to do 1 or more of the following things:
a: supply the person's full name (or names, if the person is known by more than 1 name), date of birth, country of birth, nationality, and residential address:
b: produce any identity documents for inspection:
c: surrender any identity document produced under paragraph (b):
d: if the person does not currently have in his or her possession an identity document requested by the officer, give details to the officer of where it can be found or who is holding it.
2: Before acting under subsection (1), the immigration officer must—
a: inform the person that he or she suspects that the person is liable for deportation or turnaround; and
b: warn the person that if the person fails without reasonable excuse to comply with his or her request, the person is liable to arrest and detention under this Act. 1987 No 74 s 138A(1), (2) Section 280(1) replaced 7 May 2015 section 68 Immigration Amendment Act 2015
281: Power to require information from person liable for deportation or turnaround
Where a person is liable for deportation or turnaround, an immigration officer may require the person to—
a: do any of the things in section 280(1)
b: produce and surrender any travel tickets, or cash or security in lieu of travel tickets, held by the person. Section 281 replaced 7 May 2015 section 69 Immigration Amendment Act 2015
281A: Obligation of third parties to surrender identity documents
1: A person ( person A person B
a: person B—
i: has failed to produce or surrender the identity document when required to do so under section 280 281
ii: has told an immigration officer where the identity document may be found or who is holding it; and
b: the immigration officer has good cause to suspect that person A is in possession of the identity document; and
c: the immigration officer gives person A a certificate in the prescribed form that requires person A to surrender the identity document.
2: No action lies against person A in any court if, pursuant to a requirement or purported requirement under this section by an immigration officer, person A surrenders an identity document relating to person B to the immigration officer. Section 281A inserted 7 May 2015 section 69 Immigration Amendment Act 2015
281B: Power of entry and search for identity documents
1: An authorised immigration officer may, in order to facilitate the deportation or turnaround of a person, exercise the powers in subsection (2) if—
a: the person is liable for deportation or turnaround; and
b: the person has refused a requirement under section 281
c: the immigration officer has reasonable grounds to believe that the identity document is at the place to be entered and searched; and
d: the place proposed to be entered and searched is—
i: the place (which may include a vehicle) where the person is currently located; or
ii: the person's abode; or
iii: any premises or vehicle owned by, or under the control of, the person.
2: An immigration officer may at any reasonable time, without a warrant or any other authority than this section, do either or both of the following:
a: enter and search a place referred to in subsection (1)﻿(d):
b: seize any identity document that a person has been required to produce or surrender and that is found at the place.
3: However, an immigration officer must not exercise any power under this section until on or after the date on which section 285A Immigration Amendment Act 2015 Section 281B inserted 7 May 2015 section 69 Immigration Amendment Act 2015 Powers at border
282: Immigration officer’s powers to enter immigration control area
An immigration officer may, at any time of day or night, without a warrant or any authority other than this section, enter any immigration control area or any building or craft in that area for the purposes of carrying out his or her functions under this Act.
283: Powers at border
1: An immigration officer may exercise the powers in subsections (2), (3), and (4) if the officer believes on reasonable grounds that it is necessary for the purpose of—
a: detecting an offence against this Act; or
b: apprehending any person who is liable for deportation or is, or is likely to be, liable for turnaround; or
c: processing arriving passengers, whether or not they have left the craft; or
d: locating any stowaway; or
e: deporting any person or facilitating the departure of persons liable for turnaround.
2: An immigration officer may at any time, for a purpose described in subsection (1), without a warrant or any other authority than this section, do either or both of the following things:
a: enter and search any craft that arrives in New Zealand:
b: enter and search any land or premises in any airport or port, including any immigration control area.
3: Without limiting the power of entry and search in subsection (2), an immigration officer may, before the disembarkation of a person from a craft,—
a: interview the person:
b: view the person’s seating and identify those passengers seated with the person:
c: search for the person’s travel and identity documents.
4: An immigration officer may retain any documents found in a search carried out under this section if retaining the documents is necessary for the purposes of administering this Act.
284: Power of entry and search of craft
1: An immigration officer may exercise the powers in subsection (2) where the officer believes on reasonable grounds that there is on board any craft that is in the contiguous zone or territorial sea of New Zealand, a person who, if he or she lands in New Zealand, will—
a: commit an offence against this Act; or
b: be liable for deportation; or
c: be, or be likely to be, liable for turnaround.
2: An immigration officer may at any time, without a warrant or any other authority than this section, and by force if necessary, do the following things:
a: enter and search any craft for the purpose of determining whether there is a person to whom subsection (1) applies on board; and
b: if satisfied that there is a person to whom subsection (1) applies on board, exercise any power under this Act or any other Act that he or she could exercise if the craft was in New Zealand.
3: A person is not granted a visa or entry permission and does not enter New Zealand lawfully by reason only of being brought into New Zealand—
a: by an immigration officer who is exercising or has exercised powers referred to in subsection (2); or
b: on board a craft permitted or required to enter New Zealand by an immigration officer who is exercising or has exercised powers referred to in subsection (2).
285: Power of entry and search at border place
1: An immigration officer may exercise the powers in subsection (2) for the purpose of—
a: detecting an offence against this Act; or
b: apprehending a person who is liable for deportation or turnaround.
2: An immigration officer may at any time for a purpose described in subsection (1), without a warrant or any other authority than this section, and by force if necessary, enter and search any border place where the officer
a: has good cause to suspect that an offence against this Act is likely to be, or is being, committed; or
b: believes on reasonable grounds that a person to whom subsection (1)﻿(b) applies is in the place.
3: In subsection (2), border place
a: any part of the foreshore:
b: the shores or banks of a port, bay, harbour, lake, river, or other waters:
c: any land or premises in a port, including a containerbase, immigration control area, wharf, or transit building:
d: a pier or other structure attached to and extending from any shore or bank described in paragraph (b). Section 285(2) amended 7 May 2015 section 70(1) Immigration Amendment Act 2015 Section 285(2)﻿(a) replaced 7 May 2015 section 70(2) Immigration Amendment Act 2015 Section 285(2)﻿(b) replaced 7 May 2015 section 70(2) Immigration Amendment Act 2015
285A: Search of persons
1: An immigration officer may search a person who arrives in New Zealand from another country if—
a: the immigration officer has demanded, under section 103(1)﻿(da)
b: the person has failed to comply with that demand; and
c: the immigration officer believes on reasonable grounds that the person is not a New Zealand citizen; and
d: the immigration officer has reasonable cause to suspect that some or all of the required documents are hidden on or about the person or in any baggage under the immediate control of the person.
2: A search under this section may include a rub-down search (as defined in the Search and Surveillance Act 2012
3: If, as a result of a search under this section, the person's passport or certificate of identity or any travel tickets are found,—
a: the documents may be retained by the immigration officer for the purpose of administering this Act (unless the person is found to be a New Zealand citizen or a person who has a visa and entry permission); and
b: the documents must be returned to the person—
i: if the person is granted a visa and entry permission; or
ii: on the person's departure from New Zealand.
4: Sections 123 to 126 subpart 7 sections 85 to 87 Section 285A inserted 6 May 2016 section 71 Immigration Amendment Act 2015 Powers relating to deportation and turnaround
286: Powers of entry and search relating to deportation
For the purpose of serving any deportation liability notice , deportation order, or removal order, or executing a deportation order or removal order
a: enter and search at any reasonable time by day or night any building or premises in which the officer believes on reasonable grounds that the person named in the notice or order is present; and
b: serve the notice or order, or execute the deportation order or removal order 1987 No 74 s 137(1) Section 286 amended 7 May 2015 section 72(1) Immigration Amendment Act 2015 Section 286(b) amended 7 May 2015 section 72(2) Immigration Amendment Act 2015
287: Special biometric information
For the purposes of sections 288 to 290A special biometric information
a: the person's palm-prints:
b: the person's footprints:
c: measurements of the whole person:
d: photographs of the whole person. Section 287 replaced 7 May 2015 section 73 Immigration Amendment Act 2015
288: Requirement to allow collection of biometric information and special biometric information
1: If a person is liable for deportation or turnaround, an immigration officer may require the person to allow biometric information, special biometric information, or both to be collected from him or her.
2: An immigration officer may require a person to allow biometric information to be collected from him or her if the immigration officer has good cause to suspect any of the following matters, and the immigration officer requires the biometric information in order to determine any of those matters:
a: that the person is liable for deportation or turnaround:
b: that the person is not complying with, or is materially breaching, the conditions of the person's visa:
c: that the person is undertaking work or a course of study but is not entitled to undertake that work or study under this Act:
d: that the person has obtained a visa under a fraudulent identity.
3: Any biometric information or special biometric information obtained from a person under subsection (1), or under a compulsion order made under section 290 section 289(1) Section 288 replaced 7 May 2015 section 73 Immigration Amendment Act 2015
289: Application for order authorising collection of biometric information
1: An immigration officer may apply, in writing and on oath, to a District Court Judge for a compulsion order in any case where a person has refused to allow biometric information, special biometric information, or both to be collected from him or her in response to a requirement by an immigration officer under section 288(1)
a: the facts relied on to show that the person is liable for deportation or turnaround; and
b: evidence that the person has refused to allow biometric information or special biometric information to be collected from him or her in accordance with a requirement under section 288(1)
c: if special biometric information was required, the facts relied on for believing that any of the things referred to in section 287
2: An immigration officer may apply, in writing and on oath, to a District Court Judge for a compulsion order in any case where a person has refused to allow biometric information to be collected from him or her in response to a requirement by an immigration officer under section 288(2)
a: the facts relied on to show that there is good cause to suspect that any matter in section 288(2)
b: evidence that the person has refused to allow biometric information to be collected from him or her in accordance with a requirement under section 288(2)
c: the reasons why it is considered necessary to obtain a compulsion order in relation to the person, including the facts relied on to show that there are reasonable grounds to believe that biometric information collected from the person would tend to confirm whether or not any matter in section 288(2)
3: For the purposes of subsection (1)﻿(a), it is sufficient if (but not essential that) an immigration officer includes a copy of a deportation liability notice or deportation order with the application.
4: If an application is made under this section,—
a: an immigration officer must serve a copy of the application on the respondent; and
b: both the immigration officer and the respondent may appear and may offer evidence at the hearing of the application.
5: In considering an application made under this section, the Judge may take into account any oral or documentary material that the Judge considers relevant, whether or not it would be otherwise admissible in a court of law. Section 289 replaced 7 May 2015 section 73 Immigration Amendment Act 2015
290: Judge may authorise biometric information and special biometric information to be collected
1: On the hearing of an application for a compulsion order, a District Court Judge may make a compulsion order requiring the respondent to allow specified biometric information, special biometric information, or both to be collected from him or her if the Judge is satisfied that,—
a: in the case of an application relating to a refusal of a requirement under section 288(1)
i: the respondent is liable for deportation or turnaround; and
ii: the respondent has refused to allow the biometric information, special biometric information, or both to be collected from him or her following a requirement under section 288(1)
iii: if special biometric information was required, there are reasonable grounds to believe that any of the things referred to in section 287
iv: in all the circumstances, it is reasonable to make the order:
b: in the case of an application relating to a refusal of a requirement under section 288(2)
i: there is good cause to suspect that any matter in section 288(2)
ii: there are reasonable grounds to believe that biometric information collected from the respondent would tend to confirm or disprove that any matter in section 288(2)
iii: the respondent has refused to allow biometric information to be collected from him or her following a requirement under section 288(2)
iv: in all the circumstances, it is reasonable to make the order.
2: In considering whether to make a compulsion order, the Judge must have regard to any matter the Judge considers relevant, including—
a: any reasons given by the respondent for opposing the making of the order; and
b: in relation to an application under section 289(1) section 287
c: in relation to an application under section 289(2)
3: A person served with a compulsion order must allow the biometric information or special biometric information specified in the order to be collected from him or her. Section 290 replaced 7 May 2015 section 73 Immigration Amendment Act 2015
290A: Obtaining biometric information by compulsion
1: If, after a compulsion order is served on a person, the person refuses to allow the biometric information or special biometric information specified in the order (the required biometric information
a: arrest the person; and
b: remove the person to, and detain him or her in, a suitable place where the required biometric information can be collected; and
c: collect, as soon as practicable, the required biometric information from the person, by force if necessary.
2: If force is used under subsection (1)﻿(c), it must be reasonable and no more than is necessary to collect the required biometric information from the person.
3: The person must be released from detention as soon as the required biometric information has been collected, unless the person's continued detention is authorised under any other provision of this or any other Act. Section 290A inserted 7 May 2015 section 73 Immigration Amendment Act 2015
291: Further applications for compulsion order
1: The fact that a compulsion order has previously been sought or made in respect of a matter, whether or not the previous application or order related to the same person, does not prohibit—
a: the making of an application under section 289
b: a Judge from making a compulsion order in respect of a matter.
2: Notwithstanding anything in this section, where a further application for a compulsion order is made in respect of a matter in relation to which a previous compulsion order application has been made, the Judge may refuse to make the order sought if he or she is satisfied that the further application is vexatious or an abuse of the process of the court. Powers generally
292: Immigration officer may have assistance
For the purpose of performing his or her functions under this Part, an immigration officer may be accompanied, if he or she thinks fit, by any other employee of the Department or by a customs officer.
293: Police to have powers of immigration officers
For the purposes of this Act, a constable has all the powers of an immigration officer under sections 276 to 292 and 293A Section 293 amended 7 May 2015 section 74 Immigration Amendment Act 2015
293A: Warrant to enter and search
1: An immigration officer may apply for a search warrant to search any place or thing.
2: The application must be made, in the manner provided in subpart 3 section 3(1)
3: An issuing officer may issue a search warrant to an immigration officer if the issuing officer is satisfied that there are reasonable grounds—
a: to suspect that any relevant offence specified in the application has been committed, is being committed, or will be committed; and
b: to believe that the search will find evidential material in respect of the offence in or on the place or thing specified in the application.
4: In this section, relevant offence
a: this Act or any regulations made under it; or
b: the former Act or any regulations made under it; or
c: any other enactment, if the offence relates directly to matters concerning immigration.
5: The provisions of Part 4 sections 118 119 section 293 Section 293A replaced 7 May 2015 section 75 Immigration Amendment Act 2015 Disclosure of information to or by other agencies, bodies, or persons
294: Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence
1: The purpose of this section is to facilitate the disclosure of information between the Department and the department of State for the time being responsible for the administration of the Corrections Act 2004 responsible department
2: The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department any identifying information—
a: about a person who has been sentenced to imprisonment; or
b: if authorised by regulations made under the Corrections Act 2004
3: The chief executive of the Department may compare any information he or she receives under subsection (2) with any information held by the Department that relates to the person and, if the Department has immigration information about the person, the chief executive of the Department may, in accordance with the arrangements made under subsection (2), supply to an authorised officer the following information relating to the person:
a: identifying information about the person; and
b: the person’s immigration status under this Act and—
i: any changes to that status:
ii: any action taken under this Act in respect of that person:
iii: any proposed action to be taken under this Act in relation to that person.
4: The chief executive of the Department and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them—
a: the frequency with which information may be supplied; and
b: the form in which information may be supplied; and
c: the method by which information may be supplied.
4A: On or after 1 December 2020, no information may be disclosed under this section except under—
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1
5: In this section,— authorised officer identifying information
a: full name:
b: date and place of birth:
c: gender:
d: unique identifying number used by the responsible department:
e: unique identifying number used by the Department:
f: biometric information:
g: citizenship:
h: alias or aliases. 1987 No 74 s 141AC Section 294(4A) inserted 1 December 2020 section 190 Privacy Act 2020
295: Information matching to locate person in serious default of payment of fine
1: The purpose of this section is to facilitate the exchange of information between the Department and the department of State for the time being responsible for the enforcement of fines (the responsible department
a: the responsible department to locate any person who is in serious default in the payment of any fine; and
b: appropriate fines enforcement action to be taken against that person.
2: For the purpose of this section, an authorised officer may supply to the chief executive of the Department any identifying information about a person who is in serious default in the payment of a fine, and the chief executive of the Department may compare that information with any information held by the Department that relates to the person and, if the Department has immigration information about the person, the chief executive of the Department may supply to an authorised officer 1 or more of the following:
a: the person's full name:
b: the person's date of birth:
c: the person's gender:
d: the person's nationality:
e: the person's address:
f: the person's occupation:
g: the expiry date of any visa granted to the person (if applicable):
h: the date that the person is expected to return to New Zealand (if applicable).
3: The chief executive of the Department and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them—
a: the frequency with which information may be supplied; and
b: the form in which information may be supplied; and
c: the method by which information may be supplied.
3A: On or after 1 December 2020, no information may be exchanged under this section except under—
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1
4: In this section and section 296 amount of reparation section 79 authorised officer fine
a: a fine within the meaning of section 79
b: a fine to which section 19
c: a fine to which section 43 45
d:
e: any amount payable under section 138A(1) fines enforcement action identifying information serious default
a: the person owes—
i: an amount of $1,000 (or any other lesser amount that may be fixed by the Governor-General by Order in Council) or more in relation to 1 or more unpaid fines (other than an amount of reparation); or
ii: any amount of reparation; and
b: a warrant to arrest the person has been issued in respect of the non-payment of the whole, or of any part, of any amount referred to in paragraph (a); and
c: the warrant has not been withdrawn or executed.
5: An order under paragraph (a)﻿(i) of the definition of serious default in subsection (4) is secondary legislation ( see Part 3 1987 No 74 ss 141AD 141AE The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 295(3A) inserted 1 December 2020 section 190 Privacy Act 2020 Section 295(4) amount of reparation inserted 13 February 2012 section 4(3) Immigration Amendment Act 2011 Section 295(4) fine replaced 13 February 2012 section 4(1) Immigration Amendment Act 2011 Section 295(4) fine repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 295(4) reparation repealed 13 February 2012 section 4(2) Immigration Amendment Act 2011 Section 295(5) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
296: No Crown liability to third parties for fines enforcement action
1: This section applies to the taking of any fines enforcement action against a person who is alleged to be in serious default (the alleged defaulter
a: after the arrival of the alleged defaulter in New Zealand; or
b: before the departure of the alleged defaulter from New Zealand.
2: The Crown is not liable to any person (for example, an airline operator or a passenger on an airline) for any loss or damage caused as a result of, or in connection with, the actions described in subsection (1), unless the person or persons taking those actions, or any employee of the Crown performing any function directly or indirectly connected with those actions, has not acted in good faith or has been grossly negligent.
3: Nothing in subsection (2) applies to or affects any question of the liability of the Crown to the alleged defaulter. 1987 No 74 s 141AF
297: Chief executive may supply information concerning specified fines defaulters to commercial carriers
Section 297 repealed 1 October 2018 section 443(3) Customs and Excise Act 2018
298: Information matching to verify social security benefit matters
1: The purpose of this section is to facilitate the disclosure of information between the Department and the department of State for the time being responsible for the administration of the Social Security Act 2018 responsible department
a: the entitlement or eligibility of any person to or for any benefit; or
b: the amount of any benefit to which any person is or was entitled or for which any person is or was eligible.
2: The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department identifying information about any person who has applied to receive, is receiving, or has received a benefit.
3: The chief executive of the Department may—
a: compare any information he or she receives under subsection (2) with any information held by the Department that relates to the person; and
b: if the Department has immigration information about the person, and he or she is a person described in subsection (4), supply the information described in subsection (5) in relation to the person to an authorised officer in accordance with the arrangements made under subsection (2).
4: The person—
a: is a person who the chief executive of the Department believes is unlawfully in New Zealand; or
b: is a person on whom an immigration officer or a constable may serve a deportation order under section 175(1)
c: is a person who is lawfully in New Zealand, but only by virtue of being the holder of a temporary entry class visa; or
d: is a person who has made a claim for recognition, or has been recognised, as a refugee or a protected person; or
e: is a person who has lodged an appeal against the decision of a refugee and protection officer to decline his or her claim for recognition as a refugee or a protected person; or
f: is a person whose appeal against the decision of a refugee and protection officer to decline his or her claim for recognition as a refugee or a protected person has been determined; or
g: is a person who has been deported (whether under this Act or the former Act) or removed under the former Act
5: The information referred to in subsection (3) is as follows:
a: the person’s full name:
b: any aliases known to be used by the person:
c: the person’s date of birth:
d: the person’s nationality:
e: the person’s address:
f: the person's immigration status, including—
i: the start date of any visa granted to the person; and
ii: the expiry date of any visa granted to the person:
g: whether the person has applied for a residence class visa and, if so, the date on which the application was made:
h: the date on which a deportation order was served on the person (if applicable):
i: the date of the person’s deportation from New Zealand (if applicable):
j: the date on which the person made a claim (if any) for recognition as a refugee or a protected person:
k: the decision of a refugee and protection officer in relation to the person’s claim (if any) for recognition as a refugee or a protected person and the date on which the decision was made:
l: whether the person has lodged an appeal against a decision referred to in paragraph (k) and, if so, the date on which the appeal was lodged:
m: the outcome of any appeal referred to in paragraph (l) and the date of the decision:
n: if the person is a refugee or a protected person, whether he or she has applied for a visa and, if so, the type of visa applied for and the date on which the application was made.
6: The chief executive of the Department and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them—
a: the frequency with which information may be supplied; and
b: the form in which information may be supplied; and
c: the method by which information may be supplied.
6A: On or after 1 December 2020, no information may be disclosed under this section except under—
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1
7: In this section,— authorised officer benefit
a: a benefit as defined in Schedule 2
b: a funeral grant lump sum payable under section 90
c: any special assistance payable under a programme approved under section 100 101 identifying information
a: the person's full name and gender:
b: any aliases known to the responsible department to be used by the person:
c: the person's date of birth:
d: the person's address. 1987 No 74 s 141A Section 298(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 298(4)﻿(g) amended 7 May 2015 section 76 Immigration Amendment Act 2015 Section 298(6A) inserted 1 December 2020 section 190 Privacy Act 2020 Section 298(7) benefit replaced 26 November 2018 section 459 Social Security Act 2018
299: Information matching to recover costs of visa holder's social security benefit from sponsor
1: The purpose of this section is to facilitate the disclosure of information between the department of State for the time being responsible for the administration of the Social Security Act 2018 responsible department section 48 section 55
2: The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the Department may supply to the chief executive of the responsible department identifying information about any person in respect of whom an undertaking relating to the payment of a benefit has been given under section 48
3: The chief executive of the responsible department may—
a: compare any information he or she receives under subsection (2) with any information held by the responsible department that relates to the person; and
b: if the responsible department has information about the person, and he or she has received, or is receiving, a benefit, supply the information described in subsection (4) in relation to the person to an authorised officer in accordance with the arrangements made under subsection (2).
4: The information is—
a: the person's full name and gender:
b: any aliases known to the responsible department to be used by the person:
c: the person's date of birth:
d: the person's address:
e: the nature of the benefit provided to the person:
f: the amount of the benefit provided to the person:
g: the period during which the benefit was provided to the person:
h: any unique identifying number used by the responsible department in relation to the person.
5: The chief executive and the chief executive of the responsible department may, for the purpose of this section, determine by agreement between them—
a: the frequency with which information may be supplied; and
b: the form in which information may be supplied; and
c: the method by which information may be supplied.
5A: On or after 1 December 2020, no information may be disclosed under this section except under—
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1
6: In this section,— authorised officer benefit
a: a benefit as defined in Schedule 2
b: a funeral grant lump sum payable under section 90
c: any special assistance payable under a programme approved under section 100 101 identifying information
a: the person's full name and gender:
b: any aliases known to the Department to be used by the person:
c: the person's date of birth:
d: the person's address. Section 299(1) amended 26 November 2018 section 459 Social Security Act 2018 Section 299(5A) inserted 1 December 2020 section 190 Privacy Act 2020 Section 299(6) benefit replaced 26 November 2018 section 459 Social Security Act 2018
300: Information matching to determine eligibility or liability to pay for
services
1: The purpose of this section is to facilitate the disclosure of information between the Department and the responsible department to enable the responsible department to determine—
a: a person's eligibility for access to services
b: a person's liability to pay for services
2: The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section.
3: In accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department identifying information about—
a: a person who seeks access to services
b: a person for whom access is sought to services
c: a person who has received services
4: The chief executive of the Department may compare the information he or she receives with information that the Department holds about the person.
5: If the Department holds immigration information about the person, the chief executive of the Department may supply the information described in subsections (6) and (7) to an authorised officer in accordance with the arrangements made under subsection (2).
6: The information is—
a: the person's identifying information:
b: the person's immigration status, including—
i: the start date of any visa granted to the person:
ii: the expiry date of any visa granted to the person:
iii: the date on which the person was granted entry permission:
iv: the conditions, if any, relating to the person’s immigration status:
v: any changes to the person's immigration status and the dates of the changes:
vi: any action taken under this Act in relation to the person and the date of the action:
c: the date or dates on which the person leaves or has left New Zealand:
d: the start date of any permit granted to the person under the former Act:
e: the expiry date of any permit granted to the person under the former Act:
f: if the person was exempt from the requirement to hold a permit under the former Act, the period of the exemption.
7: The information is also, if it is relevant to the matter to be determined by the responsible department,—
a: the immigration status of an associated person (for example, the person's spouse, civil union partner, de facto partner, or parent), including—
i: the start date of any visa granted to the associated person:
ii: the expiry date of any visa granted to the associated person:
iii: the date on which the associated person was granted entry permission:
iv: the conditions, if any, relating to the associated person's immigration status:
v: any changes to the associated person's immigration status and the dates of the changes:
vi: any action taken under this Act in relation to the associated person and the date of the action:
b: the date or dates on which the associated person leaves or has left New Zealand:
c: the start date of any permit granted to the associated person under the former Act:
d: the expiry date of any permit granted to the associated person under the former Act:
e: if the associated person was exempt from the requirement to hold a permit under the former Act, the period of that exemption.
8: The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, determine by agreement between them—
a: the frequency with which information may be supplied; and
b: the form in which the information may be supplied; and
c: the method by which the information may be supplied.
8A: On or after 1 December 2020, no information may be disclosed under this section except under—
a: an information matching agreement entered into under Part 10 clause 11
b: an approved information sharing agreement entered into under subpart 1
9: In this section,— authorised officer identifying information responsible department Pae Ora (Healthy Futures) Act 2022 services section 4 Section 300 heading amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(1)﻿(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(1)﻿(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(3)﻿(a) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(3)﻿(b) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(3)﻿(c) amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(8A) inserted 1 December 2020 section 190 Privacy Act 2020 Section 300(9) publicly funded health and disability support services repealed 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(9) responsible department amended 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022 Section 300(9) services inserted 1 July 2022 section 104 Pae Ora (Healthy Futures) Act 2022
301: Disclosure of immigration information to verify eligibility for publicly funded services
1: The purpose of this section is to facilitate the disclosure of information by the Department to a provider of any publicly funded service to enable the service provider to determine—
a: a person’s eligibility for access to the publicly funded service; or
b: where a person is being or has been provided with the publicly funded service, the person’s liability to pay for the service provided.
2: For the purpose of this section, an authorised officer may supply to the chief executive any identifying information about—
a: a person who seeks access to a publicly funded service; or
b: a person for whom access is sought to a publicly funded service; or
c: a person who is receiving or has received a publicly funded service.
3: If identifying information is supplied under subsection (2), the chief executive may disclose to an authorised officer, for the purpose of this section, any of the following information:
a: identifying information about the person:
b: the person's immigration status, including—
i: the start date of any visa granted to the person:
ii: the expiry date of any visa granted to the person:
iii: the date on which the person was granted entry permission:
iv: the conditions, if any, relating to the person's immigration status:
v: any changes to the person's immigration status, and the dates of the changes:
vi: any action taken under this Act in relation to the person, and the date of the action:
c: the date or dates on which the person leaves or has left New Zealand:
d: the start date of any permit granted to the person under the former Act:
e: the expiry date of any permit granted to the person under the former Act:
f: if the person was exempt from the requirement to hold a permit under the former Act, the period of that exemption:
g: if relevant to the matter to be determined by the service provider,—
i: the immigration status of an associated person (for example, the person's spouse, civil union partner, de facto partner, or parent), including—
A: the start date of any visa granted to the associated person:
B: the expiry date of any visa granted to the associated person:
C: the date on which the associated person was granted entry permission:
D: the conditions, if any, relating to the associated person's immigration status:
E: any changes to the associated person's immigration status, and the dates of the changes:
F: any action taken under this Act in relation to the associated person, and the date of the action:
ii: the date or dates on which the associated person leaves or has left New Zealand:
iii: the start date of any permit granted to the associated person under the former Act:
iv: the expiry date of any permit granted to the associated person under the former Act:
v: if the associated person was exempt from the requirement to hold a permit under the former Act, the period of that exemption.
4: The disclosure of information under subsection (3) must be in accordance with an agreement between the chief executive and the service provider concerned that complies with subsections (5) and (6).
5: For the purposes of subsection (4), an agreement—
a: must be in writing; and
b: must state criteria for the disclosure of information under it; and
c: must state, in respect of the information to be disclosed,—
i: the use the service provider may make of it; and
ii: either—
A: that the service provider must not disclose it to any other agencies, bodies, or persons; or
B: the other agencies, bodies, or persons to which the service provider may disclose any of it, and the extent to which and conditions subject to which the service provider may do so; and
d: may state—
i: the form in which information may be disclosed:
ii: the method by which information may be disclosed; and
e: may be varied.
6: The chief executive must consult the Privacy Commissioner before entering into or varying an agreement under this section.
7: If the Privacy Commissioner so requires, the service provider must undertake a review of an arrangement under this section, and the way in which information is disclosed under it, and report the result to the Commissioner as soon as practicable after conducting the review.
8: The Privacy Commissioner must not require the service provider to undertake a review under subsection (7) within 12 months of last doing so.
9: Where the Department has obtained information about a person from a service provider under this section, the Department must not use that information for the purpose of taking adverse action against the person.
10: The service provider must ensure that each of its annual reports includes information in relation to any agreements between the chief executive and a service provider under this section, including information about—
a: the number of agreements; and
b: an outline of each agreement; and
c: the number of cases in which the accuracy of the information disclosed by the chief executive was challenged.
11: In this section,— authorised officer identifying information publicly funded service
a: is determined by or under a statute; and
b: is related to, or affected by, a person’s immigration status service provider
302: Disclosure of information to enable Department to check identity, character, and status
1: The purpose of this section is to facilitate the disclosure of information by a specified agency to the Department to enable the Department to—
a: establish or verify a person's identity:
b: check matters relating to a person's character:
c: ascertain whether a person is an excluded person.
2: For the purposes of this section, the chief executive of the Department may supply identifying information about the following persons to the chief executive of the specified agency:
a: a person who holds a visa:
b: a person to whom a visa waiver applies:
c: a person who applies for a visa:
d: a person who applies for entry permission:
e: a person who is deemed to have been granted entry permission:
f: a person who travels to New Zealand, including as a member of the crew of a craft, and does not enter New Zealand as a New Zealand citizen:
g: a person about whom the chief executive has received and retained information under section 96 102
h: a person liable for turnaround or who the chief executive of the Department suspects is liable for turnaround:
i: a person who the chief executive of the Department believes is unlawfully in New Zealand:
j: a person who may be, or may become as a result of investigations, liable for deportation.
3: The chief executive of the specified agency may compare the information he or she receives with information that the specified agency holds about the person.
4: If the specified agency holds information about the person, the chief executive of the specified agency may supply the information described in subsection (5) to an authorised officer under an agreement to which subsection (6) applies.
5: The information is—
a: the person's identifying information:
b: the person's previous convictions:
c: the person's modus operandi:
d: details of the person's known or suspected involvement in illegal activities:
e: details of the person's known currency and other financial transactions of relevant interest, including known or suspected involvement in money laundering:
f: intelligence analysis assessments of and reports about the person:
g: details of communications interceptions involving the person:
h: the person's general history known to the specified agency (which may include information about associates and networks):
i: the person's past travel movements.
6: The following provisions apply to an agreement: Making
a: it must not be made until the chief executive of the specified agency has consulted the Privacy Commissioner about it:
b: it must be made between the chief executive of the specified agency and the chief executive of the Department:
c: it must be in writing: Contents
d: it must state the criteria for the disclosure under it of information by the specified agency to the Department:
e: it must state the use that the Department may make of the information disclosed to it:
f: it must—
i: state that the Department must not disclose the information disclosed to it to any other agencies, bodies, or persons; or
ii: state the other agencies, bodies, or persons to which the Department may disclose information disclosed to it, the extent to which the Department may disclose the information, and the conditions subject to which the Department may disclose the information:
g: it may state the form in which the information may be disclosed:
h: it may state the method by which the information may be disclosed: Varying
i: it may be varied:
j: it must not be varied until the chief executive of the specified agency has consulted the Privacy Commissioner about the variation: Reviews and reports
k: it, and the arrangements for disclosure under it, must be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the Department at intervals of no less than 12 months, if the Privacy Commissioner so requires.
7: The chief executive of the Department must ensure that each annual report of the Department includes information about agreements between the chief executive of the Department and the chief executive of the specified agency under this section, including—
a: the number of agreements; and
b: an outline of each agreement; and
c: the number of cases in which the accuracy of the information disclosed by the chief executive of the specified agency was challenged.
8: In this section,— authorised officer chief executive of the specified agency identifying information
a: full name:
b: date and place of birth:
c: gender:
d: unique identifying number used by the Department:
e: unique identifying number used by the specified agency:
f: biometric information:
g: alias or aliases:
h: address:
i: distinguishing features:
j: details of travel documents:
k: details of identity documents:
l: citizenship:
m: nationality specified agency
a: the New Zealand Police:
b: the Ministry of Justice:
c: the department of State responsible for the administration of the Biosecurity Act 1993
d: the department of State responsible for the administration of the Corrections Act 2004
e: the department of State responsible for the administration of the Customs and Excise Act 2018 Section 302(8) specified agency amended 1 October 2018 section 443(3) Customs and Excise Act 2018
303: Disclosure of information to enable specified agencies to check identity and character
1: The purpose of this section is to facilitate the disclosure of information by the Department to a specified agency to enable the specified agency to—
a: establish or verify a person's identity:
b: check matters relating to a person's character.
2: For the purposes of this section, the chief executive of the specified agency may supply identifying information about the following persons to the chief executive of the Department:
a: a person in New Zealand who the chief executive of the specified agency believes is not a New Zealand citizen:
b: a person outside New Zealand who the chief executive of the specified agency believes—
i: is not a New Zealand citizen; and
ii: is intending to board a craft for the purpose of travelling to New Zealand:
c: a person outside New Zealand who the chief executive of the specified agency believes—
i: is not a New Zealand citizen; and
ii: has previously travelled to New Zealand.
3: The chief executive of the Department may compare the information he or she receives with information that the Department holds about the person.
4: If the Department holds immigration information about the person, the chief executive of the Department may supply the information described in subsection (5) to an authorised officer under an agreement entered into in accordance with section 303C
5: The information is—
a: the person's identifying information:
b: the person's previous convictions:
c: the person's modus operandi:
d: details of the person's known or suspected involvement in illegal activities:
e: details of the person's known currency and other financial transactions of relevant interest, including known or suspected involvement in money laundering:
f: intelligence analysis assessments of and reports about the person:
g: details of communications interceptions involving the person:
h: the person's general history known to the Department (which may include information about associates and networks):
i: the person's past travel movements:
j: details of a visa held by the person.
6:
7: The chief executive of the specified agency must ensure that each annual report of the specified agency includes information about agreements between the chief executive of the specified agency and the chief executive of the Department under this section, including—
a: the number of agreements; and
b: an outline of each agreement; and
c: the number of cases in which the accuracy of the information disclosed by the chief executive of the Department was challenged.
8: In this section,— authorised officer chief executive of the specified agency identifying information
a: full name:
b: date and place of birth:
c: gender:
d: unique identifying number used by the specified agency:
e: unique identifying number used by the Department:
f: biometric information:
g: alias or aliases:
h: address:
i: distinguishing features:
j: details of travel documents:
k: details of identity documents:
l: citizenship:
m: nationality specified agency
a: the New Zealand Police:
b: the Ministry of Justice:
c: the department of State responsible for the administration of the Biosecurity Act 1993
d: the department of State responsible for the administration of the Corrections Act 2004
e: the department of State responsible for the administration of the Customs and Excise Act 2018 Section 303(4) amended 28 September 2017 section 275(1) Intelligence and Security Act 2017 Section 303(6) repealed 28 September 2017 section 275(2) Intelligence and Security Act 2017 Section 303(8) specified agency amended 1 October 2018 section 443(3) Customs and Excise Act 2018
303A: Disclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security
1: The purpose of this section is to enable the disclosure of information by the Department to a specified agency to allow that agency a longer period of time to—
a: identify any person of interest who is intending to board a craft for the purpose of travelling from New Zealand; and
b: perform any of its functions, or exercise any of its powers, in relation to an identified person of interest before that person departs from New Zealand.
2: For the purpose of this section, the chief executive of a specified agency may supply to the chief executive of the Department personal information about a person of interest.
3: The chief executive of the Department may compare the information received under subsection (2) about a person of interest with APP information that he or she holds.
4: If the chief executive of the Department holds APP information about the person of interest, he or she may, under an agreement entered into in accordance with section 303C
a: notify the chief executive of the specified agency that the person of interest intends to board a craft for the purpose of travelling from New Zealand; and
b: disclose to that chief executive—
i: the APP information held by the chief executive of the Department about the person of interest; and
ii: any other information held by the chief executive of the Department about the person’s intended travel (for example, when and where the person checked in).
5: In this section,— APP information section 96(2) chief executive of a specified agency person of interest
a: poses a threat or risk to the security of New Zealand or another country because the person intends to—
i: carry out, or facilitate, a terrorist act (within the meanings of those terms or expressions in sections 5 5A
ii: engage in, or facilitate, the proliferation of weapons of mass destruction; or
iii: engage in, or facilitate, any other unlawful activity designed or likely to cause serious economic damage to New Zealand, carried out for the purpose of commercial or economic gain; or
b: is—
i: a person under control or supervision (as defined in section 3(1)
ii: on bail with an electronic monitoring condition granted under section 30B
iii: liable to be arrested (with or without a warrant) by an employee or agent of a specified agency; or
iv: suspected of escaping from lawful custody; or
v: suspected of being a perpetrator or victim of an offence under section 98D
vi: suspected of being involved in the unlawful movement of illegal goods; or
vii: a person who poses a risk, for any reason, to the safety of other passengers, the crew, or craft personal information
a: the person’s—
i: full name; and
ii: date of birth; and
iii: place of birth; and
iv: nationality; and
v: gender; and
b: the details specified in the person’s passport or certificate of identity, if known, including—
i: the passport or certificate of identity number; and
ii: the expiry date; and
iii: the issuer of the person’s certificate of identity (if any), if it is not the person’s country of nationality specified agency
a: the New Zealand Police:
b: the department of State responsible for the administration of the Corrections Act 2004
c: the department of State responsible for the administration of the Customs and Excise Act 1996
d: the Civil Aviation Authority of New Zealand established under section 72A(1) Section 303A inserted 28 September 2017 section 276 Intelligence and Security Act 2017 Section 303A(5) person of interest replaced 5 October 2021 section 57 Counter-Terrorism Legislation Act 2021
303B: Direct access to information for purposes of law enforcement, counter-terrorism, and security
1: For the purpose of section 303A
2: Before allowing the chief executive of a specified agency access to the APP information, the chief executive of the Department must enter into an agreement with the specified agency in accordance with section 303C
3: The agreement must specify, in addition to the matters set out in section 303C(2)﻿(d) to (h)
a: the particular information that may be accessed:
b: the particular purpose or purposes for which the information may be accessed:
c: the positions or designations of the persons in the specified agency who may access the database or databases:
d: the records to be kept in relation to each occasion on which a database is accessed:
e: the safeguards that are to be applied for protecting personal information that is accessed:
f: the requirements relating to storage and disposal of information obtained by the specified agency from the database:
g: the requirements for reviewing the agreement.
4: In this section,— access APP information chief executive of a specified agency specified agency person of interest section 303A(5) APP information database database Section 303B inserted 28 September 2017 section 276 Intelligence and Security Act 2017
303C: Requirements for agreements entered into under section 303, 303A, or 303B
1: This section applies to an agreement entered into under section 303 303A 303B
2: An agreement— Making
a: must not be made until the chief executive of the Department has consulted the Privacy Commissioner:
b: must be made between the chief executive of the Department and the chief executive of the specified agency:
c: must be in writing: Contents
d: must state the criteria for the disclosure under it of information by the Department to the specified agency:
e: must state the use that the specified agency may make of the information disclosed to it:
f: must—
i: state that the specified agency must not disclose the information disclosed to it to any other agencies, bodies, or persons; or
ii: state the other agencies, bodies, or persons to which the specified agency may disclose information disclosed to it, the extent to which the specified agency may disclose the information, and the conditions subject to which the specified agency may disclose the information:
g: may state the form in which the information may be disclosed:
h: may state the method by which the information may be disclosed: Varying
i: may be varied:
j: must not be varied until the chief executive of the Department has consulted the Privacy Commissioner: Reviews and reports
k: must, if the Privacy Commissioner requires, provide that the agreement, and the arrangements for disclosure under it, be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the specified agency at intervals of no less than 12 months. Section 303C inserted 28 September 2017 section 276 Intelligence and Security Act 2017
304: Disclosure of information to employers
1: The purpose of this section is to facilitate the disclosure of information by the Department to an employer to enable the employer to verify that a person is entitled under this Act to work in the employer’s service.
2: On receipt of a request from an employer, the chief executive may, for the purpose of this section, disclose the information specified in subsection (4) to the employer.
3: The chief executive must not disclose the information specified in subsection (4) unless satisfied that the request—
a: has been made by an employer in New Zealand; and
b: is for the purpose of enabling the employer to verify that a person is entitled under this Act to work in the employer’s service.
4: The information that may be disclosed under this section is as follows:
a: whether the person is entitled to undertake that work in New Zealand:
b: if the person is entitled to undertake that work in New Zealand,—
i: the duration of the entitlement; and
ii: any conditions imposed on that entitlement.
5: Where the chief executive discloses information under this section to an employer, the employer must be informed of the requirement to comply with the Privacy Act 2020 Section 304(5) amended 1 December 2020 section 217 Privacy Act 2020
305: Disclosure of information overseas
1: The chief executive may disclose any information specified in section 306
a: the prevention, detection, investigation, prosecution, or punishment of immigration or other offences; or
b: the processing of international passengers; or
c: border security.
2: The disclosure of information under subsection (1) must be—
a: in accordance with an agreement between the chief executive and the agency, body, or person concerned that complies with subsections (3) and (4); or
b: in accordance with subsection (7).
3: The chief executive must not enter into an agreement for the purposes of subsection (2)﻿(a) unless satisfied that it is justified to help prevent, identify, or respond to violations of New Zealand law or,—
a: in the case of an agreement with an international agency or body, to help prevent, identify, or respond to the kinds of actions that the agency or body has a function of preventing, identifying, or responding to; or
b: in any other case, to help prevent, identify, or respond to violations of the law of the state concerned.
4: For the purposes of subsection (2)﻿(a), an agreement—
a: must be in writing; and
b: must state criteria for the disclosure of information under it; and
c: must state, in respect of the information to be disclosed,—
i: the use the agency, body, or person may make of it; and
ii: either—
A: that the agency, body, or person must not disclose it to any other agency, body, or person; or
B: the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and
d: may state—
i: the form in which information may be disclosed:
ii: the method by which information may be disclosed; and
e: may be varied.
5: The chief executive—
a: must consult the Privacy Commissioner before entering into an agreement under this section, or varying such an agreement; and
b: if the Privacy Commissioner so requires, must undertake a review of the agreement under this section, and the arrangements for disclosure under it; and
c: as soon as practicable after conducting a review required to be undertaken under paragraph (b), must report the result to the Privacy Commissioner.
6: The Privacy Commissioner must not require the chief executive to undertake a review of an agreement under subsection (5)﻿(b) within 12 months of last doing so.
7: The chief executive may disclose information to an overseas agency, body, or person if—
a: the functions of the agency, body, or person include the prevention, detection, investigation, prosecution, or punishment of immigration or other offences; and
b: the information is disclosed subject to conditions stating—
i: the use the agency, body, or person may make of it; and
ii: either—
A: that the agency, body, or person must not disclose it to any other agency, body, or person; or
B: the other agencies, bodies, or persons to which the agency, body, or person may disclose any of it, and the extent to which and conditions subject to which the agency, body, or person may do so; and
c: the chief executive makes and keeps a record of—
i: the information that was disclosed; and
ii: the agency, body, or person to which it was disclosed; and
iii: the conditions subject to which it was disclosed.
8: The chief executive must not disclose any information under subsection (7) unless satisfied that it relates to a suspected violation of New Zealand law or,—
a: in the case of disclosure to an international agency or body, to a suspected action of a kind that the agency or body has a function of preventing, identifying, or responding to:
b: in any other case, to a suspected violation of the law of the state concerned. 1987 No 74 s 141AA
306: Information that may be disclosed under section 305
1: The information that may be disclosed under section 305
a: airline passenger and crew lists:
b: craft movements (which may include passenger and crew lists):
c: past travel movements of specified people:
d: previous convictions of specified people:
e: general history of specified people (which may include associates and networks):
f: modus operandi of specified people:
g: known currency and other financial transactions of relevant interest, including involvement in money laundering:
h: intelligence analysis assessments and reports:
i: details of communications interceptions:
j: personal identification details (which may include photographs, biometric information, distinguishing features, and details of identity or travel documents):
k: names and details of immigration personnel and transport personnel:
l: details of known or suspected involvement of people in illicit activities:
m: details of any visa held by a person.
2: Section 305 1987 No 74 s 141AB
9: Detention and monitoring
307: Purpose of Part
1: The purpose of this Part is to establish a tiered detention and monitoring regime in order to ensure—
a: the integrity of the immigration system through providing for the management of persons who are liable for deportation or turnaround; and
b: the safety and security of New Zealand where a person who is liable for deportation may constitute or be suspected of constituting a threat or risk to security.
2: The purposes of the warrant of commitment regime for members of a mass arrival group under this Part are—
a: to provide a practicable and administratively workable time period within which arrival processing of the mass arrival group can be completed; and
b: to provide a practicable and administratively workable time period within which any threat or risk to security or to the public arising from, or that may arise from, the members of the mass arrival group, whether collectively or individually, may be properly assessed; and
c: to avoid disrupting the efficient functioning of the Department, the courts, or any prison or premises identified in a relevant warrant of commitment. Section 307(2) inserted 19 June 2013 section 11 Immigration Amendment Act 2013
308: This Part code for detention and monitoring of person if detention and monitoring under this Act
This Part must be treated as a code for the purposes of the detention and monitoring of any person if the reason for the detention or monitoring arises under this Act, and no person who is liable for arrest and detention under this Act may be granted bail from that detention. Arrest and detention
309: Persons liable to arrest and detention
1: The following persons are liable to arrest and detention under this Part:
a: persons who are liable for turnaround:
b: persons who are liable for deportation (including persons recognised as refugees or protected persons but whose deportation is not prohibited under section 164(3) or (4)
c: persons who are suspected by an immigration officer or a constable to be liable for deportation or turnaround and who fail to supply satisfactory evidence of their identity when requested under section 280
d: persons who are, on reasonable grounds, suspected by an immigration officer or a constable of constituting a threat or risk to security.
2: The following persons are not liable to arrest and detention under this Part:
a: persons who are recognised as refugees, except those whose deportation is not prohibited under section 164(3)
b: persons who are recognised as protected persons, except those whose deportation is not prohibited under section 164(4)
310: Purpose for which arrest and detention powers may be exercised
The powers of arrest and detention under this Part may be exercised for the following purposes:
a: in the case of a person liable for turnaround, to detain the person in order to place him or her on the first available craft leaving New Zealand:
b: in the case of a person liable for deportation,—
i: to detain the person pending the making of a deportation order, including during the completion of any appeal brought by the person against his or her liability for deportation; or
ii: to deport the person following the making of a deportation order by placing him or her on the first available craft leaving New Zealand:
c: in the case of a person who is suspected by an immigration officer or a constable to be liable for deportation or turnaround and who fails to supply satisfactory evidence of his or her identity when requested under section 280
d: in the case of a person—
i: who is suspected of constituting a threat or risk to security, to detain the person pending the making of a deportation order; or
ii: who is subject to a deportation order under section 163
e: in the case of a person who has breached residence and reporting requirements agreed under section 315 section 320 section 317 318 320
311: Implications of liability to arrest and detention
Where a person is liable to arrest and detention under this Part,—
a: the person may be subject to the 4-hour limited detention by an immigration officer provided for in section 312
b: the person may be arrested and detained without warrant for a period not exceeding 96 hours by a constable in accordance with section 313
c: an immigration officer may agree to residence and reporting requirements with the person in accordance with section 315
d: the person may be detained in custody under a warrant of commitment
e: the person may be released on conditions under section 320 Section 311(d) amended 19 June 2013 section 17 Immigration Amendment Act 2013
312: Limited power of detention for up to 4 hours
A person liable to arrest and detention under this Part may be detained by an immigration officer for a purpose set out in section 310
a: the exercise by a constable of the power of arrest and detention under section 313
b: the delivery of the person into custody under this Act; or
c: the person no longer being liable to arrest and detention under this Part; or
d: the purpose of the detention being achieved; or
e: the elapsing of 4 hours since the detention commenced. 2004 No 50 s 103
313: Initial period of detention for up to 96 hours without warrant
1: Where a person is liable to arrest and detention under this Part, a constable may, and if requested by an immigration officer must, for a purpose set out in section 310
2: A person arrested and detained under this section may be detained only as long as is necessary to achieve the purpose of the arrest and detention without further authority than this section, but must not be detained for a period longer than 96 hours.
3: The period of 96 hours in subsection (2) is to be determined inclusive of any time during which the person was detained by an immigration officer under section 312
314: Persons arrested and detained pending making of deportation order
1: This section applies in the case of a person arrested and detained under section 313
2: If subsection (1) applies, a constable must as soon as is practicable refer the case to the Minister to determine whether to certify, under section 163 1987 No 74 s 75
315: Person may instead agree to residence and reporting requirements
1: Rather than causing a person who is liable for arrest and detention to be arrested under section 313 section 316
a: reside at a specified place:
b: report to a specified place at specified periods or times in a specified manner:
c: provide a guarantor who is responsible for—
i: ensuring the person complies with any requirements agreed under this section; and
ii: reporting any failure by the person to comply with those requirements:
d: if the person is a claimant, attend any required interview with a refugee and protection officer or hearing with the Tribunal:
e: undertake any other action for the purpose of facilitating the person’s deportation or departure from New Zealand.
2: A decision as to whether to offer or agree residence and reporting requirements under subsection (1) is a matter for the absolute discretion of an immigration officer.
3: An immigration officer may at any time vary any residence or reporting requirements under this section at the request or with the agreement of the person.
4: The agreement or variation of any residence or reporting requirements must be in writing and must—
a: list any requirements agreed under subsection (1) or (3); and
b: include a warning that, if the person fails to comply with any agreed requirement, the person may be detained under section 312 section 313
5: An immigration officer may at any time, in the officer’s absolute discretion, decide to end any agreement made under subsection (1).
6: A person may be detained under section 312 section 313
a: if an immigration officer determines that the person, without reasonable excuse,—
i: has failed to reside at the specified place; or
ii: has failed to comply with other agreed requirements; or
b: if an immigration officer ends an agreement under subsection (5); or
c: in order to execute a deportation order or place the person on the first available craft leaving New Zealand.
7: An agreement under this section lapses and the person ceases to be bound by it when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under this Part. 1987 No 74 s 98 Warrants of commitment
316: Application for warrant of commitment
1: An immigration officer may apply to a District Court Judge for a warrant of commitment (or a further warrant of commitment) authorising a person’s detention for up to 28 days in any case where it becomes apparent, in the case of a person detained in custody under this Part, that before the expiry of the period for which detention is authorised—
a: there will not be, or there is unlikely to be, a craft available to take the person from New Zealand; or
b: the person will not, or is unlikely to, supply satisfactory evidence of his or her identity; or
c: the Minister has not made, or is not likely to make, a decision as to whether to certify that the person constitutes a threat or risk to security; or
d: for any other reason, the person is unable to leave New Zealand.
2: Every application under this section—
a: must be made on oath; and
b: must include a statement of the reasons why the person should be the subject of a warrant of commitment; and
c: may include any other supporting evidence.
3: The Judge must determine the application under section 317 318 323 1987 No 74 s 128(8)
317: Decision on application for warrant of commitment
1: On an application for a warrant of commitment, a District Court Judge—
a: must, if satisfied on the balance of probabilities that the person is not the person named in the application for the warrant of commitment, order that the person be released from custody immediately:
b: may, in any other case, either—
i: issue a warrant of commitment in the prescribed form authorising the person’s detention, in a place named in the warrant, for a period of up to 28 days, if satisfied of the matters in subsections (2) and (3) (and having taken into account the matters in subsections (4) and (5)); or
ii: order the person’s release from custody on conditions under section 320
2: A Judge may issue a warrant of commitment if satisfied on the balance of probabilities that the person in custody is the person named in the application and that any 1 or more of the following applies:
a: a craft is likely to be available, within the proposed period of the warrant of commitment, to take the person from New Zealand:
b: the reasons why a craft was not available to take the person from New Zealand are continuing and are likely to continue, but not for an unreasonable period:
c: the other reasons the person was not able to leave New Zealand are still in existence and are likely to remain in existence, but not for an unreasonable period:
d: the person has not supplied satisfactory evidence of his or her identity.
3: If subsection (2) does not apply, the Judge may, nevertheless, make a warrant of commitment if it is, in all the circumstances, in the public interest to do so.
4: In determining whether to issue a warrant of commitment, or whether to order the person’s release on conditions, the Judge must have regard to, among other things, the need to seek an outcome that maximises compliance with this Act.
5: Unless there are exceptional circumstances, the Judge must not release the person on conditions if—
a: the identity of the person is unknown; or
b: the person’s identity has not been established to the satisfaction of the court; or
c: a direct or indirect reason for the person being unable to leave New Zealand is, or was, some action or inaction by the person occurring after the person was—
i: served with a deportation liability notice; or
ii: arrested and detained for the purpose of deportation or turnaround; or
d: the person claimed refugee or protection status only after the person was—
i: served with a deportation liability notice or deportation order or with a removal order under the former Act
ii: arrested and detained for the purposes of deportation or turnaround. 1987 No 74 s 60 Section 317(5)﻿(d)﻿(i) amended 7 May 2015 section 77 Immigration Amendment Act 2015
317A: Application for mass arrival warrant
1: An immigration officer may apply to a District Court Judge for a warrant of commitment authorising the detention, for a period of not more than 6 months, of the members of a mass arrival group (a mass arrival warrant
a: the warrant is necessary—
i: to effectively manage the mass arrival group; or
ii: to manage any threat or risk to security or to the public arising from, or that may arise from, 1 or more members of the mass arrival group; or
iii: to uphold the integrity or efficiency of the immigration system; or
iv: to avoid disrupting the efficient functioning of the District Court, including the warrant of commitment application procedure; and
b: the members of the mass arrival group are detained in custody under this Part; and
c: it becomes apparent that, before the expiry of the period for which detention is authorised, 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1)
2: Every application under this section must—
a: be made on oath; and
b: include—
i: the number of persons to whom the warrant is to apply; and
ii: identity information in respect of each of the persons; and
iii: particulars of the craft, or of each of the group of craft, on which the persons arrived (if known); and
iv: a description of the circumstances in which the craft, or the group of craft, arrived; and
c: include a statement of—
i: why the warrant is necessary in terms of subsection (1)﻿(a); and
ii: how subsection (1)﻿(c) relates to each person to whom the warrant is to apply.
3: An application under this section may, but is not required to, include any other supporting evidence or information relating to the members of the mass arrival group.
4: The Judge must determine an application under section 317B
5: Nothing in this section permits an immigration officer to include a person under 18 years of age in an application for a mass arrival warrant unless the person has a parent, guardian, or relative who is a member of the mass arrival group.
6: In subsection (2)﻿(b)﻿(ii), identity information
a: a name of the person (which may be the name that the person is known by or a name assigned to the person):
b: biometric information in relation to the person:
c: a physical description of the person. Section 317A inserted 19 June 2013 section 12 Immigration Amendment Act 2013
317B: Decision on application for mass arrival warrant
1: On an application for a mass arrival warrant under section 317A
a: if satisfied of the matters in subsection (2), grant the application and act under subsection (3); or
b: if not satisfied of the matters in subsection (2), refuse the application and act under subsection (4).
2: The matters are that—
a: the application relates to a mass arrival group; and
b: the warrant is necessary for 1 or more of the reasons stated in section 317A(1)﻿(a)
c: 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1)
d: the requirements of section 317A(2)﻿(a) to (c)
3: The Judge must issue the warrant in the prescribed form authorising the detention of each member of the mass arrival group in a place or the places named in the warrant—
a: for the period sought in the application; or
b: for a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,—
i: the reasons for the necessity of the warrant in terms of section 317A(1)﻿(a)
ii: the circumstances described in paragraphs (a) to (d) of section 316(1)
4: The Judge must—
a: treat the application as if it were applications made under section 316
b: determine the applications in accordance with subsection (3) of that section. Section 317B inserted 19 June 2013 section 12 Immigration Amendment Act 2013
317C: Variation of mass arrival warrant
1: If a mass arrival warrant is issued under section 317B section 317A
2: Every application under this section must—
a: be made on oath; and
b: include—
i: a copy of the original application and warrant; and
ii: identity information (within the meaning of section 317A(6)
iii: a statement of how section 317A(1)﻿(c)
3: On an application under this section, a District Court Judge must,—
a: if satisfied of the matters in subsection (4), grant the application and act under subsection (5); or
b: if not satisfied of the matters in subsection (4), refuse the application and act under subsection (6).
4: The matters are that—
a: the persons are members of the mass arrival group; and
b: 1 or more of the circumstances described in paragraphs (a) to (d) of section 316(1)
c: the requirements of subsection (2) have been met.
5: The Judge must vary the existing warrant to include the persons specified in the application, but must not extend the period of the warrant.
6: The Judge must—
a: treat the application as if it were applications made under section 316
b: determine the applications in accordance with subsection (3) of that section.
7: Nothing in this section permits an immigration officer to include a person under 18 years of age in an application for a variation of a mass arrival warrant unless the person has a parent, guardian, or relative who is a member of the mass arrival group. Section 317C inserted 19 June 2013 section 12 Immigration Amendment Act 2013
317D: District Court may impose reporting requirements
1: When issuing a mass arrival warrant under section 317B section 317C section 317A(1)﻿(a)
2: A District Court Judge may shorten the period of a mass arrival warrant or a varied mass arrival warrant, and vary the warrant accordingly, if, after receiving a report, he or she is satisfied that those reasons will no longer apply after the expiry of the shortened period. Section 317D inserted 19 June 2013 section 12 Immigration Amendment Act 2013
317E: Application for further warrant of commitment in respect of mass arrival group
1: An immigration officer may apply to a District Court Judge for a further warrant of commitment authorising the continued detention of—
a: all or specified members of a mass arrival group, as members of a mass arrival group; or
b: 1 or more members of a mass arrival group as individuals.
2: An application for a further warrant of commitment under subsection (1)﻿(a) may be for a period of not more than 28 days and must—
a: comply with section 317A(2)
b: be determined by a District Court Judge in accordance with section 317B
3: An application for a further warrant of commitment under subsection (1)﻿(b) must be made under section 316
4: If a member of a mass arrival group is dealt with under subsection (3),—
a: he or she—
i: is no longer to be treated as a member of a mass arrival group for the purposes of this Act; and
ii: must, from the time of the Judge's determination, be dealt with under this Act as any other individual would be; and
b: the Judge must consequentially amend the warrant of commitment relating to the mass arrival group to exclude the member from the warrant.
5: Subsection (4)﻿(a) is for the avoidance of doubt. Section 317E inserted 19 June 2013 section 12 Immigration Amendment Act 2013
318: Decision on application for warrant if threat or risk to security
1: This section applies where an immigration officer applies for a warrant of commitment to authorise the detention of a person—
a: who was arrested and detained under section 313
b: whose deportation has been ordered under section 163
2: A District Court Judge must, if satisfied on the balance of probabilities that the person is not the person named in the application for the warrant of commitment, order that the person be released from custody immediately.
3: Except where subsection (2) applies, the Judge must—
a: issue a warrant of commitment in the prescribed form authorising the person’s detention, in a place named in the warrant, for a period of up to 28 days; or
b: if satisfied that the release of the person would not be contrary to the public interest, order that the person be released on conditions under section 320
319: Warrant of commitment
1: A warrant of commitment authorises the manager of the prison or the person in charge of the premises identified in the warrant to detain the person to whom the warrant relates until the earliest of the following:
a: in the case of a person liable for turnaround, the person is delivered into the custody of an immigration officer and detained, or into the custody of a constable and arrested and detained, for the purpose of placing the person on the first available craft to leave New Zealand:
b: in the case of a person liable for deportation, the person is delivered into the custody of an immigration officer and detained, or into the custody of a constable and arrested and detained, for the purpose of executing the deportation order:
c: written notification is received from an immigration officer that the person has ceased to be liable to arrest and detention under this Part:
d: a Judge orders the release of the person:
e: the warrant of commitment expires.
2: The period for which detention is authorised by a warrant of commitment must be calculated exclusive of any period commencing on the date on which the person to whom the warrant relates escapes from lawful custody and ending 96 hours after the date on which the person is again taken into custody under this Act. 1987 No 74 s 128
320: Court may instead release person on conditions
1: Where a District Court Judge orders a person’s release under section 317(1)﻿(b)﻿(ii) 318(3)﻿(b) 323(3) 324A(6)﻿(b)
a: a condition that the released person must reside at a specified place:
b: a condition that the released person must report to a specified place at specified periods or times in a specified manner:
c: if the person is a claimant, a condition that the released person must attend any required interview with a refugee and protection officer or hearing with the Tribunal:
d: a condition that the released person provide a guarantor who is responsible for—
i: ensuring compliance with any conditions imposed under this section; and
ii: reporting any failure to comply with those conditions:
e: a condition that the person take a specified action for the purpose of facilitating the person’s deportation or departure from New Zealand.
2: Where conditions are imposed on a released person under subsection (1),—
a: the conditions must be notified in writing to the person before his or her release, and take effect on release; and
b: the notice of conditions must include a warning that, if the person fails to comply with any condition, the person may be detained under section 312 section 313
3: Conditions imposed under this section may be varied at any time—
a: by a District Court Judge on the application of the person released or an immigration officer under section 324
b: by consent between the released person and an immigration officer, if—
i: the conditions imposed relate to the matters described in subsection (1)﻿(a) or (b); or
ii: the order imposing the conditions allows the variation.
4: A variation of a condition under subsection (3)—
a: takes effect immediately; but
b: must be put in writing, and notified to the released person, as soon as practicable.
5: A person may be detained under section 312 section 313
a: if an immigration officer determines that the person, without reasonable excuse, has failed to comply with any conditions imposed under subsection (1) or varied under subsection (3); or
b: if an immigration officer makes an application under section 324(2)
c: to execute a deportation order or place the person on the first available craft leaving New Zealand.
6: Conditions imposed under this section lapse, and the person ceases to be bound by them, when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under this Part. 1987 No 74 ss 79 128AB Section 320(1) amended 19 June 2013 section 17 Immigration Amendment Act 2013
321: Special conditions where threat or risk to security
Where a District Court Judge determines to order the release of a person to whom section 318 section 320
a: a condition that the person not have access to or use specified communication devices or facilities (such as a telephone, the Internet, or email):
b: a condition that the person refrain from associating with any 1 or more named individuals, or individuals associated with 1 or more named organisations.
322: Persons detained under warrant of commitment or released on conditions pending making of deportation order
1: This section applies in the case of a person who was arrested and detained on the suspicion of an immigration officer or a constable that the person constitutes a threat or risk to security and who—
a: is being detained pursuant to a warrant of commitment
b: has been released on conditions under section 320
2: If the Minister decides not to certify that a person to whom this section applies constitutes a threat or risk to security, or fails to make a certification not later than 14 days after the initial arrest under section 313
a: the person ceases to be liable to arrest and detention under this Part; and
b: in the case of a person being detained under a warrant of commitment, an immigration officer must notify that fact in writing to the manager or other person in charge of the prison or premises identified in the warrant. 1987 No 74 s 79 Section 322(1)﻿(a) amended 19 June 2013 section 17 Immigration Amendment Act 2013
323: Decisions on warrants of commitment where detention beyond 6 months
1: This section applies where a person would, upon a successful application for a further warrant of commitment under section 316
a: the person’s initial detention under a warrant of commitment, where the person has exhausted all appeal rights under this Act at the time of that initial detention, or had no such appeal rights; or
b: where paragraph (a) does not apply, the later of—
i: the conclusion of any appeal proceedings brought by the person; or
ii: the expiry of any period for bringing such an appeal; or
c: the date when a claim for recognition as a refugee or a protected person is finally determined (within the meaning of section 128
i: was served with a deportation liability notice or order; or
ii: was arrested and detained for the purpose of deportation or turnaround.
2: A further warrant of commitment authorising the detention of a person to whom this section applies must be issued if a District Court Judge is satisfied—
a: that the person's deportation or departure is prevented by some action or inaction of the person; and
b: that no exceptional circumstances exist that would warrant release.
3: If the Judge is not so satisfied, the Judge must order the person’s release on conditions under section 320
4: An application for a further warrant of commitment in a case to which this section applies—
a: must be supported by evidence under oath by an immigration officer; and
b: must include a statement as to why the further warrant is required; and
c: may include any other supporting evidence.
5: The Judge may require the immigration officer to attend the hearing to give evidence and be subject to cross-examination.
6: The period of 6 months referred to in subsection (1) must be calculated exclusive of any period commencing on the date on which the person to whom the warrant relates escapes from lawful custody and ending 96 hours after the date on which the person is again taken into custody under this Act.
7: This section does not apply to a person whose deportation has been ordered under section 163
8: To avoid doubt, if a person to whom subsection (1)﻿(c) applies makes a subsequent claim, the 6-month period must be treated as starting on the date the subsequent claim is finally determined.
9: In subsection (1),— appeal proceedings appeal rights
a: the rights of appeal the person has or had against liability for deportation; and
b: the refugee and protection appeals associated with any claim made before the person was served with a deportation liability notice or arrested and detained for the purpose of deportation or turnaround.
10: For the purposes of subsection (2), exceptional circumstances
a: the period of time that a person has already been detained under this Part; or
b: the possibility that the person's deportation or departure may continue to be prevented by some action or inaction of the person. 1987 No 74 s 60(6)﻿(b)
324: Review of warrant of commitment or release on conditions
1AA: In this section, warrant of commitment
a: a mass arrival warrant issued under section 317B
b: a further warrant of commitment issued under section 317E(1)﻿(a)
1: At any stage during the currency of a warrant of commitment an immigration officer may apply to a District Court Judge for—
a: a variation of the warrant of commitment; or
b: an order that the person who is detained under the warrant be released on conditions under section 320
c: an order that the person be released from custody.
2: At any stage when a person is released on conditions under section 320
a: an order that the person who is released on conditions be detained under a warrant of commitment; or
b: a variation of conditions.
3: Subject to subsection (5), a person detained under a warrant of commitment may apply to a District Court Judge for—
a: a variation of the warrant of commitment; or
b: an order that the person be released on conditions under section 320
4: Subject to subsection (5), a person released on conditions may apply to a District Court Judge seeking a variation of those conditions.
5: An application under subsection (3) or (4) must be made with the leave of a District Court Judge, which may be granted only if the Judge is satisfied that new information has become available that—
a: is material to the person’s ongoing detention or release on conditions; and
b: was unavailable at the time the warrant of commitment or the decision to release on conditions was made.
6: An application for a review of a warrant of commitment or release on conditions must be considered having regard to section 317 318 323 Section 324(1AA) inserted 19 June 2013 section 13(1) Immigration Amendment Act 2013 Section 324(6) amended 19 June 2013 section 13(2) Immigration Amendment Act 2013
324A: Review of mass arrival warrant
1: In this section, warrant of commitment
a: a mass arrival warrant issued under section 317B
b: a further warrant of commitment issued under section 317E(1)﻿(a)
2: At any stage during the currency of a warrant of commitment, an immigration officer may apply to a District Court Judge for a variation of the warrant for either or both of the following reasons:
a: to shorten the period that the warrant applies:
b: to provide for 1 or more persons detained under the warrant to be detained in a place or places other than the place or places currently specified in the warrant for those persons.
3: An application made under subsection (2) must—
a: be made on oath; and
b: include—
i: a copy of the warrant to be varied; and
ii: a statement of the reasons for the application.
4: On an application under subsection (2)﻿(a), a District Court Judge must vary the period of the warrant of commitment—
a: to the period sought in the application; or
b: to a specified shorter period, if he or she is satisfied that, after the expiry of the shorter period,—
i: the reasons for the necessity of the warrant in terms of section 317A(1)﻿(a)
ii: the circumstances described in paragraphs (a) to (d) of section 316(1)
5: On an application under subsection (2)﻿(b), a District Court Judge may vary the warrant of commitment, but only to authorise the detention of the persons in a place or places other than the place or places currently specified in the warrant for those persons.
6: At any stage during the currency of a warrant of commitment, an immigration officer may, in respect of a particular individual detained under the warrant, apply to a District Court Judge for—
a: a warrant of commitment for the individual as an individual; or
b: an order that the individual be released on conditions under section 320
c: an order that the individual be released.
7: An application for a warrant of commitment under subsection (6)﻿(a) must be made under section 316
8: An application for release on conditions under subsection (6)﻿(b) must be considered having regard to section 317 318 323
9: If a member of a mass arrival group is dealt with under subsection (6),—
a: he or she—
i: is no longer to be treated as a member of a mass arrival group for the purposes of this Act; and
ii: must, from the time of the Judge's determination, be dealt with under this Act as any other individual would be; and
b: the Judge must consequentially amend the warrant of commitment relating to the mass arrival group to exclude the member from the warrant.
10: Subsection (9)﻿(a) is for the avoidance of doubt. Section 324A inserted 19 June 2013 section 14 Immigration Amendment Act 2013 Applications under this Part involving classified information
325: Consideration by High Court of application involving classified information
1: This section and section 326 section 316 324(1), (2), (3), or (4)
2: In such a case—
a: the application, or the response to an application for review made by the person subject to the decision, must be made by the chief executive and not by an immigration officer; and
b: the District Court Judge must not be provided with access to any classified information.
3: If the District Court Judge considering the application considers that it is necessary to access classified information in order to make a decision in relation to an application under section 316 324 section 252(2)
4: If the chief executive considers that it will be necessary for a Judge to access classified information in order to make a decision in relation to an application under section 316 324
5: If this section applies, the person may continue to be detained—
a: without warrant under section 313 section 312
b: under an existing warrant of commitment, until a determination is made on the application, as long as the application is made before the expiry of the existing warrant of commitment.
326: Process for High Court to consider application
1: Where an application is transferred or made directly to the High Court under section 325 sections 252 257 to 259 261 to 270
2: In determining the application,—
a: sections 317 318 320 321 323 324
b: it is not the role of the nominated Judge to determine the matters described in section 243(1)
c: the classified information must be treated as accurate. Duties of detaining officers
327: Duties of detaining officers
1: It is the duty of an immigration officer when detaining any person under section 312
a: to inform the person at the time of the detention of the reason for the detention (unless in all the circumstances it is impracticable to do so); and
b: to produce the officer’s warrant; and
c: to inform the person that he or she may contact a lawyer or, if appropriate, a responsible adult; and
d: to inform the person of the maximum duration of the detention.
2: It is the duty of every constable when arresting and detaining any person without warrant under section 313
a: to inform the person at the time of the arrest, unless in all the circumstances it is impracticable to do so, of the reason for the arrest, and that the arrest does not relate to a criminal matter; and
b: in the case of a constable who is not in uniform, to produce his or her badge or other evidence of being a constable; and
c: to inform the person that he or she may contact a lawyer or, if appropriate, a responsible adult; and
d: to inform the person of the maximum duration of the detention.
3: An immigration officer or a constable is not guilty of an offence and is not liable to any civil proceedings in respect of the arrest or detention by that officer or constable if he or she has reasonable and probable grounds for believing that the person is liable to arrest and detention under this Part.
4: A failure to fulfil any of the duties mentioned in subsections (1) and (2) does not of itself deprive the immigration officer or the constable, or any assistant, of protection from criminal responsibility. 1987 No 74 s 134
328: Additional powers relating to detention by immigration officer
1: Where an immigration officer is exercising the power of detention under section 312
a: to prevent the detained person from harming any person; or
b: to prevent the detained person from damaging any property; or
c: to prevent the detained person from escaping or attempting to escape from detention; or
d: to recapture the person, if the person is fleeing, having escaped from detention.
2: By virtue of section 82 sections 85 to 87 section 89(1)﻿(e) Part 4 sections 124 to 126
3:
4:
5:
6: An immigration officer who uses physical force or undertakes a search under this section must, not later than 3 working days after the use of the force or the search, give to the chief executive a written report of the use of the force or search, the circumstances in which it was used or conducted, and the matters that gave rise to the reasonable grounds to believe required by subsection (1) or (2). Section 328(2) replaced 7 May 2015 section 78 Immigration Amendment Act 2015 Section 328(3) repealed 7 May 2015 section 78 Immigration Amendment Act 2015 Section 328(4) repealed 7 May 2015 section 78 Immigration Amendment Act 2015 Section 328(5) repealed 7 May 2015 section 78 Immigration Amendment Act 2015
329: Arresting or detaining officer may seek assistance
1: Where a constable is arresting any person under this Act, the constable may call upon any person in the vicinity for assistance.
2: Where an immigration officer is detaining any person under section 312
3: Every person so called upon is justified (as defined in section 2(1) or detention 1987 No 74 s 135 Section 329(3) amended 7 May 2015 section 79(1) Immigration Amendment Act 2015 Section 329(3) amended 7 May 2015 section 79(2) Immigration Amendment Act 2015 Form of custody
330: Approval of premises for purpose of immigration detention
The chief executive may approve any premises for the purpose of detention under this Act.
331: Form of custody of persons detained without warrant overnight
Every person who is placed in custody under section 313
a: in the case of a person under 18 years of age who is not married or in a civil union
i: a residence (within the meaning of section 2(1) Oranga Tamariki Act 1989 Oranga Tamariki Act 1989
ii:
b: in any other case, in—
i: premises approved by the chief executive under section 330
ii: a police station. 1987 No 74 s 128(6) Section 331(a) amended 7 May 2015 section 80(1) Immigration Amendment Act 2015 Section 331(a)﻿(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 331(a)﻿(ii) amended 7 May 2015 section 80(2) Immigration Amendment Act 2015
332: Form of custody of persons detained under warrant of commitment
Every person who is to be detained in custody under a warrant of commitment must be detained,—
a: in the case of a person under 18 years of age who is not married or in a civil union
i: a residence (within the meaning of section 2(1) Oranga Tamariki Act 1989 Oranga Tamariki Act 1989
ii:
iii: premises approved by the chief executive under section 330
b: in any other case,—
i: in a prison; or
ii: in other premises approved for the purpose by the Judge, being premises approved by the chief executive under section 330 1987 No 74 s 62 Section 332(a) amended 7 May 2015 section 81(1) Immigration Amendment Act 2015 Section 332(a)﻿(i) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 Section 332(a)﻿(ii) amended 7 May 2015 section 81(2) Immigration Amendment Act 2015
333: Special provisions relating to custody
1: Every person to whom a warrant of commitment is addressed under this Act is justified in detaining in accordance with the terms of the warrant any person who the addressee of the warrant believes on reasonable grounds to be the person named in the warrant, whether or not there is any defect in the issuing of the warrant.
2: Where any person (the detainee
a: inform the detainee of the detainee’s right to contact a lawyer or any responsible adult nominated by or in respect of the detainee under section 375
b: on request by the detainee, any lawyer or agent acting for the detainee, or, where appropriate, any responsible adult, parent, or guardian, take all such reasonable steps as may be practicable to enable the lawyer or agent, or the responsible adult, parent, or guardian, to visit the detainee and communicate with the detainee in private.
3: Where a person is detained under this Act in a prison, that person must be treated in accordance with the Corrections Act 2004
4: A person to whom a warrant of commitment is addressed may take such reasonable measures as are necessary to give effect to the warrant. 1987 No 74 s 140
334: Additional provisions relating to custody in approved premises
1: Without limiting section 333(4) section 330 section 313
a: to prevent the person to whom the warrant or detention applies (the detainee
b: to prevent the detainee from damaging any property; or
c: to prevent the detainee from escaping or attempting to escape from custody; or
d: to recapture the detainee, if the detainee is fleeing after having escaped from custody.
2: A person who uses physical force for any of the purposes referred to in subsection (1)—
a: may use no more physical force than is reasonably necessary in the circumstances; and
b: must as soon as practicable report the relevant incident to the person in charge of the premises concerned.
3: Where physical force is used in respect of a detainee by a person to whom subsection (1) applies, the person in charge of the premises concerned must—
a: document the force used and the circumstances surrounding the use of that force; and
b: as soon as is reasonably practicable, deliver the detainee into the custody of a constable for the purpose of bringing the detainee before a District Court Judge to determine the matters specified in subsection (4) or (5).
4: Where a detainee is delivered into the custody of a constable under subsection (3), and he or she is subject to a warrant of commitment,—
a: a constable must as soon as practicable bring the person before a District Court Judge to consider the terms of the warrant of commitment; and
b: the Judge may either confirm the existing warrant of commitment or amend the warrant by altering the place of detention specified in it (and, if appropriate, the person to whom it is addressed).
5: If a detainee is delivered into the custody of a constable under subsection (3) and he or she is detained under section 313 section 316 section 315
6: The Judge may also issue a further warrant of commitment in accordance with the relevant provisions of this Part where an immigration officer makes a contemporaneous application for a further warrant under section 316
7: A person who is delivered into the custody of a constable under this section and is to be detained overnight must be detained in the manner provided by section 332
8: For the avoidance of doubt, nothing in this section limits or affects any provision of the Crimes Act 1961
a: a justification or excuse for the use of force; or
b: a defence to a charge involving the use of force. 1987 No 74 s 140A Delivery of person for purpose of deportation
335: Delivery of person into custody of immigration officer or police for purposes of deportation
1: Where a person is being held in custody pursuant to a warrant of commitment issued under this Part, an immigration officer or a constable may request the manager or other person in charge of the prison or other premises in which that person is held in custody to deliver the person into the custody of a constable for arrest and detention under section 313 section 312
2: Where a person is in prison undergoing imprisonment, an immigration officer or a constable may, on the date that the person is due to be released from imprisonment, request that, instead of releasing the person from custody, the manager or other officer in charge deliver the person into the custody of a constable for arrest and detention under section 313 section 312
336: Person being deported must be returned to custody or conditions reimposed if craft not available as planned
1: This section applies if the following circumstances arise:
a: a craft that was to take from New Zealand a person in relation to whom a deportation order is being executed, or whose departure is being effected,—
i: ceases to be available for any reason; or
ii: is, or is likely to be, delayed in New Zealand for more than 96 hours; or
b: for any other reason it is not practicable in all the circumstances for the person to leave New Zealand at the expected time.
2: When this section applies,—
a: a person who was released from custody pursuant to a warrant of commitment must be returned to the custody of the person to whom the warrant of commitment was addressed, and for that purpose the warrant remains in full force and effect:
b: a person who has been subject to residence and reporting conditions under section 315 section 320
c: in any other case, an application may be made under section 316 Special provision where epidemic management notice in force
337: During epidemic District Court 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 may be dealt with by a District Court Judge on the basis of documents only, without the person being brought before the Judge.
2: Subsection (1) overrides every provision of this Act requiring a person to be brought before a District Court Judge for the consideration or determination of a matter.
3: If the notice applies to only stated parts of New Zealand, subsection (1) applies within those parts only. 1987 No 74 s 129ZC
338: Modification during epidemic of requirements to bring people before District Court Judge
1: This subsection applies to a requirement imposed by or under 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) applies if, at intervals of not more than 28 days, a District Court Judge considers or further considers the question concerned.
3: If the notice applies to only stated parts of New Zealand, subsection (2) applies within those parts only. 1987 No 74 s 129ZD
339: During epidemic certain warrants
1: If a warrant of commitment issued under this Act 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.
2: Subsection (1) overrides every provision of this Act to the contrary.
2A: In subsection (1), warrant of commitment section 317B
3: If the notice applies to only stated parts of New Zealand, subsections (1) and (2) apply within those parts only. 1987 No 74 s 129ZE Section 339 heading amended 7 May 2015 section 82(1) Immigration Amendment Act 2015 Section 339(2A) inserted 19 June 2013 section 17 Immigration Amendment Act 2013 Section 339(2A) subsection number replaced 7 May 2015 section 82(2) Immigration Amendment Act 2015
340: Application of section 320 during epidemic
1: While an epidemic management notice is in force, an immigration officer and a released person may agree in writing to vary a condition imposed under section 320
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) applies within those parts only.
341: Calculation of consecutive period of detention for purposes of section 323
1: In calculating for the purposes of section 323
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 epidemic management notice applies to only stated parts of New Zealand, subsection (1) applies within those parts only.
10: Offences, penalties, and proceedings
Offences
342: Provision of false or misleading information
1: Every person commits an offence against this Act who—
a: makes any statement, or provides any information, evidence, or submission, knowing that it is false or misleading in any material respect, in support of—
i: any application or request (whether by that person or by another person) for a visa or entry permission, or any expression of interest in a visa; or
ii: any request for variation, waiver, or cancellation of the conditions of a visa; or
iii: any appeal or application in the nature of an appeal to the Minister or the Tribunal; or
b: produces or surrenders any document or supplies any information to an immigration officer or a refugee and protection officer knowing that it is false or misleading in any material respect; or
c: completes any document required as part of a border requirement in a manner that the person knows to be false or misleading in any particular, or fails to comply with any of his or her other responsibilities under section 103
2: To avoid doubt, no proceedings under subsection (1)﻿(b) may be brought if the documents or information are supplied in the circumstances to which Article 31.1 of the Refugee Convention applies. 1987 No 74 ss 126(4) 142(1)﻿(a), (c)
343: Aiding and abetting
1: Every person commits an offence against this Act who,—
a: for a material benefit, aids, abets, incites, counsels, or procures any other person to be or to remain unlawfully in New Zealand or to breach any condition of a visa granted to the other person; or
b: whether in or outside New Zealand, and whether or not the other person in fact enters New Zealand, aids, abets, incites, counsels, or procures any other person to unlawfully enter New Zealand
i: knowing that the other person’s entry into New Zealand is or would be unlawful; or
ii: being reckless as to whether the other person’s entry into New Zealand is or would be unlawful; or
c: whether in or outside New Zealand, aids, abets, incites, counsels, or procures any other person to complete a document in a manner that the person aiding or assisting knows to be false or misleading in any particular, being a document required for the purposes of—
i: section 98 103
ii: any application or request (whether by that person or by another person) for a visa or entry permission, or any expression of interest in a visa; or
iii: any request for variation, waiver, or cancellation of the conditions of a visa; or
iv: any appeal or application in the nature of an appeal to the Minister or the Tribunal; or
d: aids, abets, incites, counsels, or procures any other person to be or to remain unlawfully in New Zealand or to breach any condition of a visa granted to the other person under this Act.
2: In subsection (1)﻿(a), for a material benefit section 2(1)
3: For the purposes of subsection (1)﻿(b), a person unlawfully enters New Zealand if the person—
a: arrives in New Zealand in a manner that does not comply with section 103
b: arrives in New Zealand without holding a visa, if the person requires a visa to travel to New Zealand; or
c: arrives in New Zealand as the holder of a visa, or is granted a visa on arrival in New Zealand, but—
i: the visa was or is granted in a false identity; or
ii: any of the information provided in relation to the person's application for the visa was fraudulent, forged, false, or misleading, or relevant information was concealed; or
d: is granted entry permission but—
i: the entry permission was or is granted on the basis of a visa granted in a false identity; or
ii: any of the information provided in relation to the person's application for the entry permission was fraudulent, forged, false, or misleading, or relevant information was concealed; or
e:
f: enters New Zealand in any other manner and, in doing so, does not comply with the requirements of this Act.
4: To avoid doubt, a person unlawfully enters New Zealand within the meaning of subsection (3) whether or not any action has been taken under this Act in relation to the visa or entry permission used by the person for the purpose of entering (for example, conviction of the person for procuring a visa by fraud or revocation of the person's entry permission). 1987 No 74 s 142(1)﻿(ea), (eb), (ec), (f) Section 343(1)﻿(b) amended 19 June 2013 section 15(1) Immigration Amendment Act 2013 Section 343(3) inserted 19 June 2013 section 15(2) Immigration Amendment Act 2013 Section 343(3)﻿(c) replaced 7 May 2015 section 83 Immigration Amendment Act 2015 Section 343(3)﻿(d) replaced 7 May 2015 section 83 Immigration Amendment Act 2015 Section 343(3)﻿(e) repealed 7 May 2015 section 83 Immigration Amendment Act 2015 Section 343(4) inserted 19 June 2013 section 15(2) Immigration Amendment Act 2013
344: Obstruction or failing to meet requirements
Every person commits an offence against this Act who,—
a: without reasonable excuse, refuses or fails to produce or surrender any document, or to supply any information, when required to do so by an immigration officer or a refugee and protection officer in accordance with any of the provisions of this Act; or
b: after being warned in accordance with section 279
c: fails to remain in an immigration control area or other prescribed place when required to do so, or to follow an immigration officer's instructions while in an immigration control area or other prescribed place; or
d: resists or intentionally obstructs any immigration officer, refugee and protection officer, or constable in the exercise of the powers of that officer or constable under this Act; or
e: refuses or fails to provide biometric information under section 104 111 120
f: refuses or fails to provide biometric information in accordance with a compulsion order. 1987 No 74 s 142(1)﻿(b), (g) Section 344(c) replaced 7 May 2015 section 84 Immigration Amendment Act 2015
345: Improper dealings with immigration or identity documents
1: Every person commits an offence against this Act who, whether in or outside New Zealand, produces, surrenders, or passes off an immigration or identity document—
a: as relating to the person when in fact, to the person's knowledge, the document relates to some other person; or
b: knowing the document to be forged or to have been obtained fraudulently.
2: Every person commits an offence against this Act who, whether in or outside New Zealand, sells, hires, lends, gives, or otherwise disposes of an immigration or identity document relating to the person to any other person (the receiver
a: produce it or pass it off as relating to the receiver or some other person; or
b: sell, hire, lend, give, or otherwise dispose of it.
3: Every person commits an offence against this Act who, whether in or outside New Zealand, sells, hires, lends, gives, or otherwise disposes of an immigration or identity document relating to the person to any other person (the receiver
a: produce it or pass it off as relating to the receiver or some other person; or
b: sell, hire, lend, give, or otherwise dispose of it.
4: In this section, immigration or identity document
a: a passport; or
b: a certificate of identity; or
c: an endorsement in a passport of the type described in section 384
d: evidence of a visa; or
e: an invitation to apply for a visa; or
f: a certificate of citizenship; or
g: anything purporting to be a document described in any of paragraphs (a) to (f). 1987 No 74 s 142(1)﻿(d), (e)
346: Impersonation
Every person commits an offence against this Act who, not being an immigration officer or a refugee and protection officer, personates or pretends to be an immigration officer or a refugee and protection officer. 1987 No 74 s 142(1)﻿(h)
347: Publishing false or misleading information
Every person commits an offence against this Act who, for the purpose of encouraging, inducing, deterring, or preventing immigration to New Zealand of any person or class of persons, publishes, disseminates, or causes or procures the publication of any information or representation knowing that the information or representation is false or misleading. 1987 No 74 s 142(1)﻿(i)
348: Alteration of forms
Every person commits an offence against this Act who, not being an immigration officer or a refugee and protection officer,—
a: after the person to whom a form (that is required to be completed for the purposes of this Act) relates has signed it and declared its contents to be true,—
i: alters information entered on it; or
ii: enters further information on it; or
iii: alters any material attached to it; or
iv: attaches any material or further material to it; and
b: allows the form to leave his or her possession without writing on it and signing a statement of—
i: the information or material that has been altered, entered, or attached; and
ii: why and by whom the information or material has been altered, entered, or attached. 1987 No 74 s 142(2)
349: Offences relating to carriers, and persons in charge, of craft
1: Every carrier, or person in charge, of a commercial craft commits an offence who—
a: fails without reasonable excuse to comply with any of the carrier's or the person's responsibilities under section 96(2)
b: allows a person to travel to, or from, New Zealand before a decision has been made by the chief executive under section 97(1) 97A(1)
c: having been notified under section 97(2) section 97(1)﻿(b) or (c)
ca: having been notified under section 97A(3)
d: fails without reasonable excuse to comply with any of the carrier’s or the person’s obligations under section 102(2), (4), or (5)
e:
2: Every carrier, or person in charge, of a craft commits an offence who fails without reasonable excuse to comply with any of the requirements of—
a: section 101(1)﻿(a)
b: section 118(1)﻿(a)
c: sections 101(1)﻿(b), (c), and (d) 101(2) 118(1)﻿(b) and (c)
3: Every person in charge of a craft commits an offence who fails without reasonable excuse to comply with section 101(3)
4: Every carrier of a craft commits an offence who fails to comply with section 118(2)
5: To avoid doubt, proceedings in respect of an offence against subsection (1), (2), or (3) may be taken—
a: against the carrier, or the person in charge, of the craft, but not both:
b: whether the offence occurred in or outside New Zealand. 1987 No 74 ss 125AA(4) 125AC(1), (2) 125AE(1), (2) 125(6)–(8) Section 349(1)﻿(b) replaced 28 September 2017 section 277(1) Intelligence and Security Act 2017 Section 349(1)﻿(ca) inserted 28 September 2017 section 277(2) Intelligence and Security Act 2017 Section 349(1)﻿(d) replaced 6 June 2015 section 85 Immigration Amendment Act 2015 Section 349(1)﻿(e) repealed 6 June 2015 section 85 Immigration Amendment Act 2015
350: Offences by employers
1: Every employer commits an offence against this Act who—
a: allows or continues to allow any person to work in that employer’s service, knowing that the person is not entitled under this Act to do that work; or
b: allows a person who is not entitled under this Act to work in the employer’s service to do that work.
2: Subsection (1)﻿(a) applies whether the person commenced work in the employer’s service before or after the commencement of this section.
3: It is a defence to a charge under subsection (1)﻿(b) that the employer—
a: did not know that the person was not entitled to do the work; and
b: took reasonable precautions and exercised due diligence to ascertain whether the person was entitled to do the work.
4: Except as provided in subsection (3), it is not a defence to a charge under subsection (1)﻿(b) that the employer did not know that the person was not entitled under this Act to do that work.
5: A charge
6: For the purposes of this section, an employer is treated as knowing that an employee is not entitled under this Act to do any particular work if, at any time in the preceding 12 months (whether before or after the commencement of this section), the employer has been informed of that fact in writing by an immigration officer.
7: No employer is liable for an offence against this section in respect of any period during which the employer continues to allow any person to work in the employer's service in compliance with the minimum requirements of any employment agreement (within the meaning of the Employment Relations Act 2000) relating to the giving of notice on termination of employment. 1987 No 74 s 39 Section 350(5) amended 1 July 2013 section 413 Criminal Procedure Act 2011
351: Exploitation of
unlawful employees and temporary workers
1: Every employer commits an offence against this Act who,—
a: while allowing an unlawful employee or temporary worker
i: is responsible for a serious failure to pay to the employee or worker Holidays Act 2003
ii: is in serious default under the Minimum Wage Act 1983 or worker
iii: is responsible for a serious contravention of the Wages Protection Act 1983 or worker
b: while allowing an unlawful employee or temporary worker or worker
i: leaving the employer’s service; or
ii: leaving New Zealand; or
iii: ascertaining or seeking his or her entitlements under the law of New Zealand; or
iv: disclosing to any person the circumstances of his or her work for the employer.
2: For the purposes of subsection (1)﻿(a), the following are questions of fact:
a: whether a failure to pay to a person money payable under the Holidays Act 2003
b: whether a default under the Minimum Wage Act 1983
c: whether a contravention of the Wages Protection Act 1983
3: For the purposes of subsection (1)﻿(a), the following matters may be taken into account in deciding whether a failure, default, or contravention is serious:
a: the amount of money involved:
b: whether it comprises a single instance or a series of instances:
c: if it comprises a series of instances,—
i: how many instances it comprises:
ii: the period over which they occurred:
d: whether or not it was intentional:
e: whether the employer concerned has complied with the record-keeping obligations imposed by the Act concerned:
f: any other relevant matter.
4: The following are examples of actions of the kind referred to in subsection (1)﻿(b):
a: taking or retaining possession or control of a person’s passport, any other travel or identity document, or travel tickets:
b: preventing or hindering a person from—
i: having access to a telephone; or
ii: using a telephone; or
iii: using a telephone privately; or
iv: leaving premises; or
v: leaving premises unaccompanied:
c: preventing or hindering a labour inspector (within the meaning of the Employment Relations Act 2000
5: Subsection (4) does not limit subsection (1)﻿(b).
6: A charge
7: For the purposes of this section, an employer is treated as knowing—
a: that an employee is not entitled under this Act to do any particular work if, at any time in the preceding 12 months (whether before or after the commencement of this subsection) the employer has been informed of that fact in writing by an immigration officer; and
b: that a worker holds a temporary entry class visa if, at any time in the preceding 12 months (whether before or after the commencement of this subsection) the employer has been informed of that fact in writing by an immigration officer.
8: In this section, in relation to an employer,— temporary worker
a: who the employer knows holds a temporary entry class visa; or
b: who holds a temporary entry class visa and in respect of whom the employer is reckless as to whether or not the person holds a temporary entry class visa unlawful employee
a: the employer knows, under this Act, the person is not entitled to undertake; or
b: the person is, under this Act, not entitled to undertake and in respect of which the employer is reckless as to whether or not the person is entitled to undertake the work. 1987 No 74 s 39A Section 351 heading amended 7 May 2015 section 86(1) Immigration Amendment Act 2015 Section 351(1)﻿(a) amended 7 May 2015 section 86(2) Immigration Amendment Act 2015 Section 351(1)﻿(a)﻿(i) amended 7 May 2015 section 86(3) Immigration Amendment Act 2015 Section 351(1)﻿(a)﻿(ii) amended 7 May 2015 section 86(3) Immigration Amendment Act 2015 Section 351(1)﻿(a)﻿(iii) amended 7 May 2015 section 86(3) Immigration Amendment Act 2015 Section 351(1)﻿(b) amended 7 May 2015 section 86(2) Immigration Amendment Act 2015 Section 351(1)﻿(b) amended 7 May 2015 section 86(3) Immigration Amendment Act 2015 Section 351(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 351(7) replaced 7 May 2015 section 86(4) Immigration Amendment Act 2015 Section 351(8) replaced 7 May 2015 section 86(5) Immigration Amendment Act 2015
352: Offences by education providers
1: Every education provider commits an offence against this Act who—
a: allows or continues to allow any other person to undertake a course of study knowing that the person is not entitled under this Act to undertake the course; or
b: allows any other person to undertake a course of study if the person is not entitled under this Act to undertake the course.
2: Subsection (1)﻿(a) applies whether the person commenced the course of study before or after the commencement of this section.
3: No person commits an offence under subsection (1) by reason of allowing or continuing to allow a person who is not entitled to study in New Zealand to undertake compulsory education.
4: It is a defence to a charge under subsection (1)﻿(b) that the education provider—
a: did not know that the person was not entitled to undertake the course of study; and
b: took reasonable precautions and exercised due diligence to ascertain whether the person was entitled to undertake that course.
5: Except as provided in subsection (4), it is not a defence to a charge under subsection (1)﻿(b) that the education provider did not know that the person was not entitled under this Act to undertake that course of study.
6: A charge
7: For the purposes of this section, allowing a person to undertake a course of study includes accepting the person for enrolment in the course.
8: For the purposes of this section, a person is treated as knowing that another person is not entitled under this Act to study in New Zealand if, at any time in the preceding 12 months (whether before or after the commencement of this section), the person has been informed of that fact in writing by an immigration officer. 1987 No 74 s 40 Section 352(6) amended 1 July 2013 section 413 Criminal Procedure Act 2011
353: Offences in relation to Tribunal
1: Every person commits an offence who, after being summoned to attend to give evidence before the Tribunal or to produce to it any papers, documents, records, or things, without sufficient cause,—
a: fails to attend in accordance with the summons; or
b: refuses to be sworn or to give evidence, or having been sworn refuses to answer any question that the person is lawfully required by the Tribunal or any member of it to answer; or
c: fails to produce any such paper, document, record, or thing.
2: Every person commits an offence who—
a: intentionally obstructs or hinders the Tribunal or any member of it or any authorised person in any inspection or examination of papers, documents, records, or things under clause 10(1)﻿(a) of Schedule 2
b: without sufficient cause, fails to comply with any requirement of the Tribunal or any authorised person made under clause 10(1)﻿(b) or (c)
c: without sufficient cause, contravenes or fails to comply with any order made by the Tribunal under clause 10(3)
d: breaches an order made under clause 18(4)
3: No person summoned to attend before the Tribunal may be convicted of an offence against subsection (1) unless at the time of the service of the summons, or at some other reasonable time before the date on which the person was required to attend, there was made to the person a payment or tender of the amount determined under clause 16 of Schedule 2 1908 No 25 s 9 Section 353(2)﻿(c) replaced 14 November 2018 section 104 Tribunals Powers and Procedures Legislation Act 2018 Section 353(2)﻿(d) inserted 14 November 2018 section 104 Tribunals Powers and Procedures Legislation Act 2018
354: Failure to maintain confidentiality in relation to refugee or protection matters
Every person commits an offence who, without reasonable excuse,—
a: contravenes section 151(1)
b: publishes information released in contravention of section 151(1) 1987 No 74 s 129T(5) Penalties
355: Penalties: general
1: A person convicted of an offence against section 342(1)﻿(b) 343(1)﻿(a) 345 348
2: A person convicted of an offence against section 343(1)﻿(b) or (c)﻿(i)
3: A person convicted of an offence against section 342(1)﻿(c) 343(1)﻿(d) 344(c) or (d) 354
4: A person convicted of an offence against section 346
4A: A person convicted of an offence against section 353(2)﻿(d)
5: A person convicted of an offence against this Act, or against any regulations made under this Act, for which no specific penalty is provided in the Act or regulations is liable to a fine not exceeding $5,000.
6: Where any person is convicted of an offence against section 343(1)﻿(d)
7: For the purposes of subsection (6), the costs incurred or likely to be incurred in deporting a person include—
a: the costs of locating, detaining, and maintaining the person; and
b: internal travel costs for the person; and
c: external travel costs for the person. 1987 No 74 s 144 Section 355(4A) inserted 14 November 2018 section 105 Tribunals Powers and Procedures Legislation Act 2018 Section 355(5) replaced 7 May 2015 section 87 Immigration Amendment Act 2015
356: Penalties: carriers, and persons in charge, of craft
1: A person convicted of an offence against section 349 section 349(2)﻿(b)
a: in the case of a carrier of a craft, to imprisonment for a term not exceeding 3 months, a fine not exceeding $50,000, or both:
b: in the case of a person in charge of a craft, to imprisonment for a term not exceeding 3 months, a fine not exceeding $25,000, or both.
2: A person convicted of an offence against section 349(2)﻿(b)
a: in the case of a carrier of a craft, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000:
b: in the case of a person in charge of a craft, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000. 1987 No 74 ss 125AA(4) 125AC(3) 125AE(3) 125(6), (7)
357: Penalties: employers
1: A person convicted of an offence against section 350(1)﻿(a)
2: A person convicted of an offence against section 350(1)﻿(b)
3: A person convicted of an offence against section 351(1)
a: a temporary worker within the meaning of paragraph (a) of the definition of temporary worker in section 351(8)
b: an unlawful employee within the meaning of paragraph (a) of the definition of unlawful employee in section 351(8)
4: A person convicted of an offence against section 351(1)
a: a temporary worker within the meaning of paragraph (b) of the definition of temporary worker in section 351(8)
b: an unlawful employee within the meaning of paragraph (b) of the definition of unlawful employee in section 351(8) 1987 No 74 ss 39(5) 39A(8) Section 357(3) replaced 7 May 2015 section 88 Immigration Amendment Act 2015 Section 357(4) inserted 7 May 2015 section 88 Immigration Amendment Act 2015
358: Penalties: education providers
1: A person convicted of an offence against section 352(1)﻿(a)
2: A person convicted of an offence against section 352(1)﻿(b) Infringement offences for carriers, or persons in charge, of craft
359: Infringement offences
In this Act, infringement offence
a: an offence against section 349(1) or 349(2)﻿(a)
b: an offence prescribed as an infringement offence for the purposes of this Act by regulations made under section 400
360: Proceedings for infringement offences
If a person who is a carrier, or a person in charge, of any craft is alleged to have committed an infringement offence, the person may either—
a: be proceeded against by filing a charging document under section 14
b: be served with an infringement notice as provided in section 362 Section 360 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
361: Immigration officer may require information
When considering whether to issue an infringement notice, an immigration officer may require the person concerned to provide all or any of the following information:
a: the full name of the person in charge of the craft:
b: the date of birth of the person in charge of the craft:
c: the full residential address and, if different, the full postal address of the person in charge of the craft:
d: the legal name of the carrier of the craft:
e: the full postal address of the carrier of the craft:
f: an electronic address for service for the carrier:
g: an electronic address for service for the person in charge of the craft. Section 361(f) inserted 7 May 2015 section 89 Immigration Amendment Act 2015 Section 361(g) inserted 7 May 2015 section 89 Immigration Amendment Act 2015
362: Infringement notices
1: If an immigration officer believes on reasonable grounds that a carrier, or a person in charge, of a craft has committed an infringement offence, the immigration officer may issue an infringement notice to the carrier, or the person in charge, of the craft.
2: Every infringement notice must be in the prescribed form and must include the following particulars:
a: sufficient detail to fairly inform the person of the time, place, and nature of the alleged infringement offence:
b: the infringement fee for the infringement offence:
c: an address at which the infringement fee may be paid:
d: the time within which the infringement fee must be paid:
e: a summary of the provisions of section 21(10)
f: a statement that the person has a right to request a hearing:
g: a statement of the consequences if the person does not pay the infringement fee and does not request a hearing:
h: any other prescribed matters.
3: Every infringement notice must be served on the carrier, or person in charge, of the craft who appears to have committed the infringement offence.
4:
5: If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 Section 362(3) replaced 7 May 2015 section 90 Immigration Amendment Act 2015 Section 362(4) repealed 7 May 2015 section 90 Immigration Amendment Act 2015
363: Reminder notices
Regulations made under section 400
364: Infringement fees
1: Infringement fees prescribed under this Act may not exceed,—
a: in the case of a person in charge of a craft, $2,500; and
b: in the case of a carrier of a craft, $5,000.
2: All infringement fees are payable to the chief executive, and the chief executive must pay all infringement fees received into a Crown Bank Account.
365: Revocation of infringement notices
An immigration officer may, by written notice served on the person to whom the infringement notice was issued
a: the infringement fee is paid; or
b: an order for payment of a fine is made by a court under section 21 Section 365 amended 7 May 2015 section 91 Immigration Amendment Act 2015
365A: Service of notices
1: This section applies to the following notices:
a: an infringement notice served under section 362
b: a reminder notice referred to in section 363
c: a notice served under section 365
2: Every notice to which this section applies must be served by way of—
a: sending it to the electronic address for service of the recipient, in which case it is deemed to be received by the recipient on the date on which it was sent; or
b: personal service on the recipient; or
c: sending it by registered post to the recipient's last known place of residence or business, in which case it is deemed to be received by the recipient on the date on which it was posted.
3: Subsection (2) applies despite anything in section 24
a: if service is effected in accordance with subsection (2), the recipient is deemed to have consented to service in that way (despite sections 220 224(1)﻿(b)
b: in any case, for the purpose of sections 387 389 Section 365A inserted 7 May 2015 section 92 Immigration Amendment Act 2015 Section 365A(3)﻿(a) amended 1 September 2017 section 347 Contract and Commercial Law Act 2017 Evidence in proceedings
366: Evidence in proceedings: certificates in relation to persons
1: In any proceedings relating to any matter under this Act, whether before the Tribunal or a court, a certificate signed by an immigration officer or a refugee and protection officer and containing a statement in relation to any person to the effect of all or any of the matters described in subsection (2) or (3) is deemed to be proof of the truth of the statement, in the absence of proof to the contrary established on the balance of probabilities.
2: A certificate under this section may, in relation to a person, state that—
1: the person is not a New Zealand citizen; or
2: the person holds or at any material time held, or does not hold or did not at any material time hold, a visa; or
3: any visa granted to the person was granted for a specified period or on or until a specified date, or until the occurrence of a specified event, or was granted for an express purpose, or is or was subject to specified conditions; or
4: the person is or was at any material time, or is not or was not at any material time, the subject of a visa waiver; or
5: the person, or any visa or other document relating to or held by the person, is not, or was not at any material time, the subject of a special direction given under this Act; or
6: the person was or was not, at any material time, granted entry permission; or
7: an invitation to apply for a visa was or was not issued to the person, or was or was not revoked (including the date of issue or revocation, where appropriate); or
8: a decision whether to grant any visa has been made; or
9: an immigration officer or a refugee and protection officer was or was not satisfied as to any relevant specified matter; or
10: a particular stage of processing an application had or had not been reached; or
11: an automated electronic system was or was not applying criteria predetermined in accordance with immigration instructions or by the chief executive; or
12: the result of the process described in paragraph (11) was or was not applied as the basis for a decision; or
13: the person was served with a deportation liability notice on a specified date, or was deported from New Zealand on a specified date, or that there is or was, at any material time, a deportation order in force in respect of that person; or
13A: the person was removed from New Zealand on a specified date; or
14: the person was, at a specified time or for a specified period, liable for deportation; or
15: for the purpose of obtaining any visa, the person while outside New Zealand made any statement or supplied any information to an immigration officer that was false or misleading in any material respect, or produced or surrendered to an immigration officer any passport or certificate of identity or other document that was forged or obtained fraudulently; or
16: the person produced or surrendered to an immigration officer, while in New Zealand, any passport, certificate of identity, or other document that was forged or obtained fraudulently or that contained any evidence of a visa that was forged or so obtained, for the purpose of—
a: obtaining a visa; or
b: obtaining any variation, cancellation, or waiver of the conditions of any visa; or
c: claiming any visa waiver; or
d: supporting any appeal against deportation from New Zealand; or
17: the person is or is not in New Zealand, or has or has not left New Zealand, or was or was not in New Zealand, or had or had not left New Zealand at any particular time or for or during any particular period; or
18: the person has or has not lodged an appeal under any stated provision of Part 7
19: a certain document or application was received by an immigration officer or a refugee and protection officer on a certain date; or
20: the person is or is not an excluded person; or
21: the person travelled to New Zealand on a certain commercial craft at a certain time; or
22: the person did or did not travel to New Zealand before a decision was made by the chief executive under section 97(1)
22A: the person did or did not travel from New Zealand before a decision was made by the chief executive under section 97A(1)
23: the person travelled to New Zealand contrary to a decision made by the chief executive under section 97(1)﻿(b) or (c)
23A: the person travelled from New Zealand contrary to a decision made by the chief executive under section 97A(1)﻿(b) or (c)
24: the person did not provide, or otherwise make available, to the chief executive the information prescribed for the purposes of section 102(2)
25: the person has or has not, at any material time,—
a: claimed to be a refugee in New Zealand or elsewhere; or
b: been recognised as a refugee in New Zealand or elsewhere; or
c: claimed recognition as a protected person in New Zealand; or
d: been recognised as a protected person in New Zealand; or
e: in a country other than New Zealand, claimed recognition as, or been recognised as, a person in need of protection under the Convention Against Torture or the Covenant on Civil and Political Rights; or
26: the person, while in New Zealand, produced or surrendered to an immigration officer or a refugee and protection officer any passport, certificate of identity, or other document that was forged or obtained fraudulently; or
27: a matter is or is not before a refugee and protection officer under section 143 145 146
28: a matter is or is not before the Tribunal under section 144 147
3: A certificate under this section may, in relation to a person, state that—
a: fingerprints matching the person’s fingerprints were obtained under a particular name in a particular country; or
b: the person has or has not been granted any particular immigration status (including any particular type of visa) or citizenship under a particular name in a particular country; or
c: the person has or has not been recognised as a refugee or a protected person under a particular name in a particular country; or
d: the person has or has not been deported from a particular country under a particular name; or
e: the person has or has not been issued with a passport, certificate of identity, or other document under a particular name in a particular country; or
f: the person has or has not been convicted of, charged with, or under investigation for an offence under a particular name in a particular country; or
g: the person has or has not been awarded a particular qualification under a particular name in a particular country; or
h: the person was or was not employed in a particular position (by a particular employer if appropriate) under a particular name in a particular country. 1987 No 74 s 143(1), (1A) Section 366(2)﻿(13A) inserted 7 May 2015 section 93(1) Immigration Amendment Act 2015 Section 366(2)﻿(22A) inserted 28 September 2017 section 278(1) Intelligence and Security Act 2017 Section 366(2)﻿(23A) inserted 28 September 2017 section 278(2) Intelligence and Security Act 2017 Section 366(2)﻿(24) replaced 7 May 2015 section 93(2) Immigration Amendment Act 2015
367: Evidence in proceedings: certificates as to forms, documents, etc
For the purposes of any proceedings relating to any matter under this Act, whether before the Tribunal or a court,—
a: a certificate signed by an immigration officer and containing a statement to the effect that any specified form was or was not approved and issued by the chief executive is sufficient evidence of the fact that it was or was not so approved and issued:
b: a document purporting to be a special direction given under this Act, or a record of such a direction, or a copy of such a direction or record, and certified to be such by the Minister or an immigration officer, is sufficient evidence of the fact that such a special direction was given in respect of the person named, or the visa or document described, and on the date specified, in the document or certificate:
c: a certificate signed by the Minister or an immigration officer and containing a statement to the effect that any specified document did or did not express immigration instructions applicable on any date or dates specified in the certificate is sufficient evidence of the fact that the document did or did not express immigration instructions applicable on that date or those dates:
d: a document purporting to be a deportation liability notice or deportation order made under Part 6
e: a certificate signed by the chief executive stating that a particular place is or was an immigration control area is sufficient evidence of the fact that that place is or was an immigration control area. 1987 No 74 s 143(3)–(4B), (6)
368: Evidence in respect of matters occurring and documents executed outside New Zealand
1: The court, Tribunal, or other person or body conducting or in charge of any proceedings under this Act may, if it considers it fair and equitable to do so, receive as evidence any statement, document, or information tendered in respect of a document executed outside New Zealand, whether or not it would be normally admissible in a court of law.
2: Where a certificate under section 366 section 366(2)﻿(15) or (3)
3: Where a statement, document, or information is received as evidence under subsection (1) or (2), the court, Tribunal, or other person or body conducting or in charge of the proceedings may determine the credibility or weight (if any) to be given in the proceedings to the document, statement, or information concerned. 1987 No 74 s 143(2), (7)
369: Presumption that certificates duly authorised
Every person signing a certificate under section 366 367 1987 No 74 s 143(5) Procedural provisions relating to offences
370: Procedural provisions relating to offences
1:
2:
3: Only an immigration officer, a constable, or some other person authorised for the purpose by the Minister, may commence a proceeding for an offence against this Act or any regulations made under it. 1987 No 74 s 145(1)–(3) Section 370(1) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 370(2) repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 370(3) replaced 1 July 2013 section 413 Criminal Procedure Act 2011
371: Presumption of authority
For the purposes of section 370(3)
a: a person is an immigration officer, a constable, or any other authorised person; or
b: proceedings were commenced Section 371(b) amended 1 July 2013 section 413 Criminal Procedure Act 2011
372: Time for filing charging document
1: Despite anything to the contrary in section 25
a: the date when the incident, situation, or set of circumstances to which the offence relates first became known to an immigration officer; or
b: the date when the incident, situation, or set of circumstances to which the offence relates should reasonably have become known to an immigration officer.
2: Subsection (1) does not apply to the offences set out in sections 342(1)﻿(b) 343(1)﻿(a), (b), or (c)﻿(i) 345 348 351 Section 372 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
11: Miscellaneous provisions
Matters relating to immigration status of persons born in New Zealand
373: Immigration status of persons born in New Zealand on or after 1 January 2006
1: This section applies to a person who—
a: is born in New Zealand on or after 1 January 2006; and
b: is not a New Zealand citizen.
2: From birth, the person is deemed to have the most favourable immigration status of either of his or her parents at the time that he or she was born, as determined under section 374
a: the person leaves New Zealand; or
b: the person is accorded a different immigration status under, or by the operation of, this Act. 1987 No 74 s 4A
374: Immigration status of persons whose status depends on immigration status of parent
1: A person’s immigration status for the purposes of section 373
a: if both parents are recorded on the person’s original birth record, whichever of the following is applicable:
i: if both parents held any type of temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of the visa of the parent whose temporary visa has the longest unexpired period:
ii: if 1 parent only held any type of temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of that parent’s temporary visa:
iii: if both parents held limited visas, the person is deemed to hold a limited visa of the duration of the unexpired period of the visa of the parent whose limited visa has the longest unexpired period:
iv: if 1 parent only held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of that parent’s limited visa:
v: if both parents held interim visas, the person is deemed to hold an interim visa of the duration of the unexpired period of the visa of the parent whose interim visa has the longest unexpired period:
vi: if 1 parent only held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of that parent’s interim visa:
vii: if both parents were unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent whose unlawful status is of the shortest duration:
b: if 1 parent only is recorded on the person’s original birth record, whichever of the following is applicable:
i: if the parent held a temporary visa, the person is deemed to hold a temporary visa of the duration of the unexpired period of the parent’s temporary visa:
ii: if the parent held a limited visa, the person is deemed to hold a limited visa of the duration of the unexpired period of the parent’s limited visa:
iii: if the parent held an interim visa, the person is deemed to hold an interim visa of the duration of the unexpired period of the parent’s interim visa:
iv: if the parent was unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent’s unlawful status.
2: Where a person is deemed to hold a visa under this section, the visa expires on the person’s departure from New Zealand, unless it has already expired.
3: In this section, unexpired period section 63 1987 No 74 s 4A(4) Minors
375: Minors to have responsible adult to represent their interests
1: In any matters of the kind referred to in subsection (2) that relate to a person who is under 18 years of age and who is not married or in a civil union (in this section and sections 376 377 minor
a: the minor’s interests are to be represented by the minor's parent; and
b: the parent is the responsible adult for the minor for the purposes of this section and sections 376 377
2: If a minor does not have a responsible adult to represent the minor’s interests by virtue of subsection (1), a responsible adult must be nominated in accordance with this section to represent the minor’s interests in relation to any of the following matters under this Act:
a: the minor’s liability for deportation, and the deportation of the minor:
b: any claim by the minor for recognition as a refugee or a protected person:
c: any appeal or review proceedings by the minor under this Act:
d: any detention of the minor under this Act.
3: The responsible adult is to be nominated by the Tribunal, an immigration officer, a refugee and protection officer, or a Judge, as the case may require.
4: A person may be nominated as a responsible adult only if—
a: the person is 20 years of age or more; and
b: except in the case of a parent or guardian of the minor, the person is a New Zealand citizen or a resident or permanent resident; and
c: the person is—
i: a parent, guardian, or relative of the minor; or
ii: a person suggested by the minor; or
iii: any other person having responsibility for the minor or who is otherwise suitable to represent the minor’s interests; or
iv: if no appropriate person is otherwise available under this subsection, a person designated by the chief executive of the department for the time being responsible for the administration of the Oranga Tamariki Act 1989
d: except in the case of a parent or guardian of the minor, the person agrees in writing to be nominated as a responsible adult.
5: Should the need arise, and after such consultation as is reasonable in the circumstances, a substitute responsible adult may be nominated in accordance with the requirements of this section.
6: The role of a responsible adult—
a: relates only to the matters or proceedings in relation to which he or she was nominated; and
b: finishes when the minor leaves New Zealand or the matter or proceedings concerned are completed, as the case may be.
7: A responsible adult who is representing the interests of a minor in any matter of a kind referred to in subsection (2) must supply to an immigration officer, a refugee and protection officer, or the Tribunal, as the case may require, an address in New Zealand at which any communication relating to the minor may be notified to that adult. 1987 No 74 s 141B Section 375(4)﻿(c)﻿(iv) amended 14 July 2017 section 149 Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017
376: Role and rights of responsible adult
The following provisions apply to any dealings under this Act with a minor who has a responsible adult to represent his or her interests:
a: the responsible adult may, on the minor's behalf,—
i: appeal to the Tribunal under Part 7
ii: appeal to the High Court under section 245
iii: bring review proceedings in the High Court in accordance with this Act:
b: the responsible adult may make submissions to the Tribunal:
c: the responsible adult may appear and be heard in any District Court proceedings under this Act relating to the minor:
d: to the extent practicable given the level of maturity and understanding of the minor, the responsible adult must attempt to elicit the views of the minor and make them known on behalf of the minor, where appropriate:
e: any document required to be served on or notified to the minor is instead to be served on or notified to the responsible adult, and such service or notification is deemed to be service on or notification to the minor. 1987 No 74 s 141C
377: Views of minor to be considered
In any proceedings or process of a kind referred to in section 375(2)
a: an opportunity must be given, so far as practicable, for the minor to express his or her views on the matter, whether personally or through a responsible adult; and
b: due weight is to be given to those views having regard to the age and level of maturity and understanding of the minor. 1987 No 74 s 141D Special directions
378: Special directions
1: The Minister may give to the chief executive or any other immigration officer, either in writing or orally, a special direction, in relation to any matter for which such a direction is contemplated by any provision of this Act or of regulations made under this Act, in respect of—
a: any person, visa, or document; or
b: any 2 or more persons, visas, or documents where by reason of any specific event, occurrence, or unusual circumstances there is a common link between those persons, visas, or documents.
2: The Minister may give in writing a special direction—
aaa:
aab:
aac:
aad:
a: waiving the requirement to hold a visa permitting travel to New Zealand in relation to any class of persons, in accordance with section 69(2)﻿(a)
b: suspending, under section 69(2)﻿(b) section 69(1)
ba:
c: classifying persons to whom a transit visa waiver applies, in accordance with section 86(4)﻿(a)
d: suspending, under section 86(4)﻿(b) section 86(2)﻿(a)
2A:
3: A special direction comes into force on the day on which it is made, or any later date specified in the direction.
4: Where a special direction is given orally, the chief executive or immigration officer must as soon as possible make a written record of the content and date of the direction.
5: A special direction may be subject to such conditions as the Minister thinks fit.
6: A special direction may revoke or amend any previous special direction.
7: Nothing in this section limits or affects the powers of the Minister to give all such instructions to the chief executive as the Minister thinks fit in the ordinary course of the administration of the immigration portfolio and of this Act.
8: The decision whether to grant a special direction is in the absolute discretion of the Minister.
9: 1987 No 74 s 130 2023-05-16 Immigration Act 2009 Section 378(2)﻿(aaa) to (aad) and paragraph (ba) and subsection (2A) are repealed at the close of 15 May 2023. Section 378(2)﻿(aaa) repealed the close of 15 May 2023 Section 378(2)﻿(aab) repealed the close of 15 May 2023 Section 378(2)﻿(aac) repealed the close of 15 May 2023 Section 378(2)﻿(aad) repealed the close of 15 May 2023 Section 378(2)﻿(ba) repealed the close of 15 May 2023 Section 378(2A) repealed the close of 15 May 2023 Section 378(9) repealed 28 October 2021 section 3 Secondary Legislation Act 2021
379: Immigration officer to act in accordance with special direction
Any decision made, or discretion exercised, under this Act by an immigration officer must be made or exercised in accordance with any special direction that is—
a: relevant to the decision; and
b: in force at the time the decision is made. Delegation of Minister's powers
380: Delegation of Minister's powers
1: The Minister may, in writing, delegate to any immigration officer 1 or more of the powers conferred on the Minister by this Act, except—
a: this power of delegation; and
b: the power to certify immigration instructions under section 22
c: the powers referred to in section 33(1) and (2)
ca:
cb:
cc:
cd:
d: the power to make a special direction under section 69(2)﻿(a) or (b)
da:
e: the power to make a special direction under section 86(4)
f: the power to certify under section 163(1)
g: the power to make a decision of a kind referred to in section 139 199
1A:
2: The immigration officer to whom a delegation may be made may be an officer referred to by name or the officer who for the time being holds a specified position.
3: Every delegation is revocable at will, and no delegation prevents the exercise of any power by the Minister.
4: A delegation may be made subject to such restrictions and conditions as the Minister thinks fit, and may be made either generally or in relation to any particular case.
5: A delegation no longer applies to a person when the person leaves the Department or service or employment in respect of which the delegation was made.
6: Until revoked, a delegation continues in force according to its tenor, even if the Minister who made it has ceased to hold office, and continues to have effect as if made by the successor in office of that Minister.
7: The fact that any immigration officer exercises any power of the Minister, other than a power referred to in subsection (1), is, in the absence of proof to the contrary, sufficient evidence that the officer has been authorised to do so by a delegation under this section. 1987 No 74 s 131 2023-05-16 Immigration Act 2009 Section 380(1)﻿(ca) to (cd) and paragraph (da) and subsection (1A) are repealed at the close of 15 May 2023. Section 380(1)﻿(ca) repealed the close of 15 May 2023 Section 380(1)﻿(cb) repealed the close of 15 May 2023 Section 380(1)﻿(cc) repealed the close of 15 May 2023 Section 380(1)﻿(cd) repealed the close of 15 May 2023 Section 380(1)﻿(da) repealed the close of 15 May 2023 Section 380(1A) repealed the close of 15 May 2023 Matters relating to chief executive
381: Chief executive may approve forms
1: The chief executive may approve and issue application forms and any other forms that the chief executive considers necessary for the purposes of this Act, not being forms prescribed or to be prescribed by regulations made under this Act.
2: Every document purporting to be in a form approved and issued by the chief executive under and for the purposes of this Act is deemed to have been so approved and issued unless the chief executive, an immigration officer, or a refugee and protection officer otherwise certifies.
3: The chief executive referred to in clause 5(2) or matters (as defined in section 183
a: that he or she considers necessary for the purposes of this Act; and
b: for which no forms are currently prescribed.
4: Every document purporting to be in a form approved and issued by the chief executive referred to in clause 5(2) Section 381(3) amended 7 May 2015 section 94 Immigration Amendment Act 2015
382: Chief executive to designate immigration control areas
1: The chief executive may designate the following places in New Zealand as immigration control areas:
a: all or any part of the area of an airport:
b: all or any part of the area of a port:
c: any other place that the chief executive considers appropriate for processing people arriving in and departing from New Zealand.
2: The chief executive must give written notice of a designation under this section to—
a: the operator of the airport or port concerned; or
b: the person otherwise in control of the place (being an owner, occupier, lessee, or sublessee).
3: The chief executive must also publicly notify any designation under this section by making available a description of the designated area or place, free of charge, at—
a: offices of the Department; and
b: New Zealand Government offices overseas that deal with immigration matters.
383: Chief executive may designate places outside New Zealand where entry permission may be granted
1: The chief executive may—
a: designate places outside New Zealand (for example, ports, airports, or offices of the Department that are overseas) where an immigration officer may grant entry permission to a person before the person travels to New Zealand; and
b: determine the class or classes of persons that may be granted entry permission at a designated place.
2: The chief executive must publicly notify any designation under this section by making available a description of the designated place, free of charge, at—
a: offices of the Department; and
b: New Zealand Government offices overseas that deal with immigration matters. Endorsement of New Zealand citizenship in foreign passports
384: Endorsement in foreign passport
1: For the purpose of facilitating a person's entry into New Zealand, the chief executive may make an endorsement in relation to a passport (other than a New Zealand passport)—
a: held by a New Zealand citizen to indicate the fact of the person's New Zealand citizenship:
b: on which the person is entitled to travel to indicate the fact of the person's New Zealand citizenship.
2: An endorsement is made by being entered and retained in the records (whether electronic or physical) of the Department in a manner determined by the chief executive.
3: An endorsement may (but need not) be evidenced by a physical endorsement in the passport concerned.
4: A New Zealand citizen who wishes to obtain an endorsement of the type described in subsection (1) must apply to the chief executive in the prescribed manner and include—
a: the prescribed evidence to support his or her application; and
b: either—
i: a New Zealand passport issued on or after 5 November 2005; or
ii: if the person does not hold a New Zealand passport issued on or after 5 November 2005, a photograph suitable for use as biometric information.
5: The chief executive may cancel an endorsement given under subsection (1) if the person is deprived of, or renounces, his or her citizenship under the Citizenship Act 1977 Responsibilities of certain operators of airports and ports
385: Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc
1: The operator of an airport or a port that is subject to a designation under section 382
2: The operator of the airport or port may impose a reasonable charge or charges on the Department for providing the operating areas, accommodation, facilities, buildings, equipment, and storage required by the chief executive under subsection (1), but no charge may be imposed on the Department in respect of any operating area used for the processing of persons arriving in or departing from New Zealand (including any area used for the purposes of ensuring that a person is placed on the first available craft leaving New Zealand).
3: Subsection (2) applies despite anything to the contrary in the Airport Authorities Act 1966 1996 No 27 s 18(1), (2), (3)﻿(a) Notice requirements and addresses for communications
386: Serving and giving notices, etc, to Minister and officers
1: If under this Act any notice or other document is to be served on or supplied to the Minister, it must be delivered to the Minister’s office or to an immigration officer at an office of the Department.
2: If under this Act any notice or other document is to be served on or supplied to an immigration officer or a refugee and protection officer, it must be delivered personally to an immigration officer or a refugee and protection officer or sent by registered post to an immigration officer or a refugee and protection officer at an office of the Department.
3:
4:
5:
6:
7:
8: This section applies unless a provision in this Act expressly provides otherwise. 1987 No 74 s 146 Section 386 heading replaced 7 May 2015 section 95(1) Immigration Amendment Act 2015 Section 386(3) repealed 7 May 2015 section 95(2) Immigration Amendment Act 2015 Section 386(4) repealed 7 May 2015 section 95(2) Immigration Amendment Act 2015 Section 386(5) repealed 7 May 2015 section 95(2) Immigration Amendment Act 2015 Section 386(6) repealed 7 May 2015 section 95(2) Immigration Amendment Act 2015 Section 386(7) repealed 7 May 2015 section 95(2) Immigration Amendment Act 2015
386A: Serving and giving notices, etc, to other people
1: This section applies where, under this Act or any regulations made under it, a notice or other document is required to be served on, or supplied, notified, or in any other way given to, a person other than a person referred to in section 386(1) or (2)
2: A notice or other document that is required to be served on a person must be in writing and must be served by—
a: personal service on the person; or
b: sending it by registered post to the person's address for service; but if the address for service is the address of a lawyer or agent, service is effected only if the lawyer or agent signs a memorandum stating that he or she accepts service of the notice or document on behalf of the person.
3: If a notice or other document is required to be supplied, notified, or in any other way given to a person, the notice or other document must be in writing and must be either given to the person personally or sent to the person's contact address, in which case,—
a: if the address is a physical address, it must be sent by registered post to that address; and
b: if the address is an electronic address, it must be sent by electronic means to that address.
4: A notice or document served or sent by registered post is deemed to be received by the person to whom it is addressed,—
a: if the address is in New Zealand, 7 days after the date on which it was sent; and
b: if the address is outside New Zealand, 14 days after the date on which it was sent.
5: A notice or other document sent to an electronic address is deemed to be received by the person to whom it is addressed 3 working days after the date on which it was sent.
6: Subsection (4) applies unless the intended recipient proves that he or she did not receive the notice or document and the failure to receive it was not a result of fault on his or her part, and—
a: he or she is—
i: the holder of a residence class visa; or
ii: a person described in section 187(1)﻿(a) to (c)
b: the address to which the notice or document was sent is an address outside New Zealand. Section 386A inserted 7 May 2015 section 96 Immigration Amendment Act 2015
387: Address for service
1: A person's address for service is, unless any of subsections (2) to (4) apply, either of the following provided by the person:
a: the person's physical address (whether in or outside New Zealand):
b: a physical address in New Zealand of a lawyer or other person who is acting as an agent for the person and is authorised by the person to accept service on his or her behalf.
2: If the address provided by a person as his or her address for service is known not to be an address at which service can properly be effected, and if subsections (3) and (4) do not apply, the person's address for service is the person's contact address, if that address is a postal address.
3: If a person is under 18 years of age and is not married or in a civil union, the person's address for service is,—
a: if, in the notice or other document that is being sent, the person is named as a dependent child of another person, the address for service of that other person; or
b: if a responsible adult has been determined or nominated under section 375 section 141B
4: If a person is detained in custody or is required under an enactment to reside at a particular address, and if subsection (3) does not apply, the person's address for service is the postal address of the place where the person is detained or required to reside.
5: A person who has provided an address for service may at any time substitute a different address for service by giving written notice of the new address to an immigration officer, a refugee and protection officer, or the Tribunal, as the case requires.
6: Subsection (7) applies if the latest address provided by a person was provided before section 97
7: Despite subsection (1), the person's address for service is the person’s New Zealand address (within the meaning of the Act as in force before section 97 Section 387 replaced 7 May 2015 section 97 Immigration Amendment Act 2015
387A: Contact address
1: A person's contact address is whichever of the following addresses the person has designated as his or her contact address, unless any of subsections (2) to (4) applies:
a: the person's postal address:
b: an electronic address for the person:
c: the postal address or electronic address of a lawyer or other person who is acting as an agent for the person.
2: If a person's designated contact address is known not to be an address at which the person can be contacted, and if subsections (3) and (4) do not apply, the person's contact address is whichever of the following addresses is considered most likely to be the address at which the person can be contacted:
a: any other address referred to in subsection (1) that has been provided by the person:
b: any address for the person that is obtained, after this section comes into force, as a result of the exercise by an immigration officer or constable of any of the powers under section 274 276 277 278 280
3: If a person is under 18 years of age and is not married or in a civil union, the person's contact address is,—
a: if, in the notice or other document that is being sent, the person is named as a dependent child of another person, the contact address of that other person; or
b: if a responsible adult has been determined or nominated under section 375 section 141B
4: If a person is detained in custody or is required under an enactment to reside at a particular address, and if subsection (3) does not apply, the person's contact address is the postal address of the place where the person is detained or required to reside.
5: If a person's contact address is an electronic address, the person is deemed to have consented to receive at that address all notices or other documents required to be supplied, notified, or in any other way given to the person, but only if the person provides the address after this section comes into force.
6: A person who has designated an address as a contact address may at any time substitute a different contact address by written notice to an immigration officer, a refugee and protection officer, or the Tribunal, as the case requires.
7: Subsection (8) applies if the latest address provided by a person was provided before section 97
8: Despite subsection (1), the person's contact address is the person’s New Zealand address (within the meaning of the Act as in force before section 97 Section 387A inserted 7 May 2015 section 97 Immigration Amendment Act 2015
387B: Departures from sections 386A to 387A
Sections 386A to 387A Section 387B inserted 7 May 2015 section 97 Immigration Amendment Act 2015 Immigration officers and refugee and protection officers
388: Designation of immigration officers
1: The chief executive may designate as immigration officers—
a: the persons employed in the Department that the chief executive considers are—
i: necessary for the purposes of this Act; and
ii: suitably qualified and trained; and
b: such other agents of or persons in the service of the Government of New Zealand, or persons in the service of the government of another country, as the chief executive determines, whether designated individually or by class or position.
2: The chief executive must specify which functions and powers an immigration officer is authorised to exercise under this Act, and an officer may not perform any functions or exercise any powers under this Act unless specifically authorised by the chief executive.
3: An immigration officer authorised to exercise 1 or more of the following powers must be issued with a warrant of designation, signed by the chief executive, specifying which of those powers the officer may exercise:
a: the power to deport a person under section 178
b: the power of entry and inspection under sections 276 277 277A 278
c: the powers under sections 279 280 281 281A 281B
d: the powers under sections 282 283 284 285 285A
e: the power of entry and search under section 286
f: the power to require biometric information, special biometric information, or both under section 288
g: the power to detain a person under section 312
4: A warrant is sufficient evidence of the officer’s designation as an immigration officer, and the officer’s authorisation to perform the functions and exercise the powers specified in it.
5: To avoid doubt, the chief executive need not be issued with a warrant of designation, and may perform or exercise all the powers and functions of an immigration officer under this Act.
6: A person may not at any one time be designated as an immigration officer and a refugee and protection officer.
7: Whenever an immigration officer (including a constable exercising the powers of an immigration officer) seeks entry to any premises, building, or craft in the course of exercising a power described in subsection (3), the officer—
a: must produce his or her warrant of designation; and
b: if called upon to do so, must state the provision or provisions of this Act under which he or she is entitled to enter the premises, building, or craft or exercise a power of detention.
8: An immigration officer (including a constable exercising the powers of an immigration officer) who, in exercising a power described in subsection (3), orally makes a request, requirement, or demand of a person must also produce his or her warrant of designation if called upon to do so by the person.
9: It is sufficient compliance with subsections (7)﻿(a) and (8) if, in the case of a constable, he or she is in uniform or produces his or her badge or other evidence of being a constable. 1987 No 74 s 133 Section 388(3)﻿(b) amended 7 May 2015 section 98(1) Immigration Amendment Act 2015 Section 388(3)﻿(c) amended 7 May 2015 section 98(2) Immigration Amendment Act 2015 Section 388(3)﻿(d) amended 7 May 2015 section 98(3) Immigration Amendment Act 2015 Section 388(3)﻿(f) replaced 7 May 2015 section 98(4) Immigration Amendment Act 2015
389: Immigration officers’ functions and powers
1: An immigration officer may be authorised to perform or exercise individual functions and powers, or functions and powers of 1 or more classes.
2: Without limiting the way in which functions and powers are classified under subsection (1), functions and powers may be classified as follows:
a: visa decision-making functions and powers, being the functions and powers set out in Part 3
b: entry permission decision-making functions and powers, being the functions and powers set out in Part 4
c: compliance and enforcement functions and powers, being the functions and powers set out in Part 8
d: the power of detention, being the power set out in section 312
390: Designation of refugee and protection officers
1: The chief executive may designate as refugee and protection officers the persons employed in the Department that the chief executive considers necessary for the purposes of this Act.
2: A person designated as a refugee and protection officer may perform all the functions and exercise all the powers of a refugee and protection officer.
3: Subsection (2) is subject to section 33(2)﻿(b)
391: Revocation or lapsing of designations
1: Every designation by the chief executive of a person as an immigration officer or a refugee and protection officer, or for any other purpose under this Act, is revocable in writing at will.
2: Every authorisation of an immigration officer to exercise a power or perform a function is revocable in writing at will.
3: Any such designation or authorisation—
a: continues in force according to its tenor until it is revoked, even if the chief executive who made it has ceased to hold office, and continues to have effect as if made by the successor in office of that chief executive:
b: is subject to such restrictions or conditions as the chief executive specifies in writing in the warrant of designation.
4: A designation lapses when the person leaves the Department or the service or employment in respect of which the person was designated.
5: A person whose designation has lapsed or been revoked must immediately surrender the warrant of designation to the chief executive. 1987 No 74 s 133A Relationship between this Act and Human Rights Act 1993
392: Relationship between this Act and Human Rights Act 1993
1: The Human Rights Commission may perform, in relation to immigration matters, all of its functions (as described in section 5
a: making public statements in relation to any matter affecting human rights:
b: receiving and inviting representations from members of the public on any matter affecting human rights:
c: inquiring generally into any matter, practice, or procedure if it appears to the Commission that the matter involves, or may involve, the infringement of human rights:
d: reporting to the Prime Minister on any matter affecting human rights.
2: However, despite anything in the Human Rights Act 1993
a: no complaint may be made under that Act in respect of—
i: the content or application of this Act or any regulations made under this Act; or
ii: the content or application of any immigration instructions made in accordance with section 22
b: the Human Rights Commission may not, in relation to any matter referred to in paragraph (a),—
i: bring any proceedings of a kind referred to in section 5(2)﻿(i)
ii: exercise in relation to any proceedings the powers conferred by section 5(2)﻿(j)
3: This section recognises that immigration matters inherently involve different treatment on the basis of personal characteristics. 1987 No 74 ss 149C 149D Fees, bonds, levies, etc
393: Fees and how they may be prescribed for purposes of section 400
1: Without limiting the power to prescribe fees set out in section 400
a: fees may be prescribed under that section in relation to any matter or service under or arising from this Act,—
i: whether it be the acceptance for processing of, the processing of, or the decision on any application, request, or appeal:
ii: whether or not it relates to a formal process:
iii: whether or not any other fee is payable in respect of some other aspect of the same matter:
iv: whether or not it relates to a visa, special direction, waiver, or other exercise of powers under this Act:
b: the regulations may prescribe any manner in which fees may or may not be payable:
c: the regulations may prescribe to whom the fees or charges are payable and, in the case of any fees or charges payable to the Department, may provide for, or allow, the fee or charge to be payable to a third person on behalf of the Department:
d: the regulations may prescribe fees payable by a third party (not being an applicant for, or a holder of, a visa or entry permission) in connection with a status or approval that, under the immigration instructions, the third party requires, or wishes to obtain or keep, where that status or approval is relevant to applicants for a visa or entry permission.
2: Fees may apply to an individual person or application, or to a group of persons or applications, or otherwise.
3: Fees may not be imposed on claimants for any matter relating to refugee status or protection status.
4: Fees may be prescribed in a way, or at a level or levels, or using 1 or more methods of calculation, that reflects the variable nature of the costs or potential costs that give rise to the need for each fee, and the range of factors that influence those costs.
5: Without limiting subsection (4), the fees prescribed may—
a: differ depending on whether a special or urgent service is provided:
b: include more than 1 level of fee for the same service provided in different ways, or provided in or in respect of different places:
c: differ for otherwise similar services provided in different ways:
d: differ for otherwise similar services provided to different categories of person:
e: differ depending on the amount of service required or the components of the service required for the particular person or class of person:
f: differ depending on whether a group of people (including a family group) is requesting or obtaining the services in question:
g: differ depending on whether an agent is used to deliver or help deliver the service concerned.
6: Without limiting the way in which fees may be set, a fee may be set at a level or in a way that—
a: is determined by calculations that involve an averaging of costs or potential costs:
b: takes into account costs or potential costs of services that are not to be provided directly to the person who pays the fee but that are an indirect or potential cost arising from the delivery of the service in question to a class of persons or all persons who use the service.
7: A fee is payable at the time prescribed in respect of a particular service, whether that time is before, during, or after completion of the relevant service.
8: In the case of services to be provided outside New Zealand or in respect of a person outside New Zealand,—
a: a fee may be set in New Zealand dollars or in a foreign currency; and
b: if the fee is set in New Zealand dollars, the method of determining the amount payable at any time in currency other than New Zealand dollars is to be determined by the chief executive.
9: A fee may also be required by the regulations in question to be paid in New Zealand dollars only.
10: All fees prescribed under this Act and received by the Department or any other government department must be paid into a Departmental Bank Account 1987 No 74 s 148A Section 393(1)﻿(d) inserted 7 May 2015 section 99(1) Immigration Amendment Act 2015 Section 393(10) amended 7 May 2015 section 99(2) Immigration Amendment Act 2015
394: Other charges
1: Nothing in section 393 396
2: Subsection (1) is subject to subsection (7).
3: Without limiting subsection (1), and for the avoidance of doubt, the Department may—
a: operate a telephone information service for which each caller pays according to their usage or on some averaged basis:
b: charge persons for the cost of mailing or couriering information to them (including transcripts and recordings of hearings), or the cost of moving, at the person’s request, the administration of a matter relating to the person from one office of the Department to another:
c: charge for the cost of written material, unless that material is required by any Act or by regulations made under this Act to be provided free of charge:
d: charge for the cost of transcripts or recordings of hearings, unless that material is required by any Act to be provided free of charge:
e: charge for access to any Internet site, or for information or services provided by any Internet site, operated by the Department:
f: charge for access to any library or research services provided in relation to immigration, refugee, or protection matters:
g: charge any person for services requested by (and provided to) that person in relation to immigration matters, other than services provided in an immigration control area:
h: charge any person for the supply of forms to the person in quantity, where it is apparent that the forms are not for the person’s own personal use.
4: All such charges received by the Department must be paid into a Departmental Bank Account
5: Nothing in subsection (1) or (3)﻿(g) authorises the charging of any person who operates a place that is, or contains, an immigration control area for services provided in relation to immigration or refugee or protection matters.
6: Nothing in subsection (3)﻿(g) affects the ability to recover costs under section 398
7: If the Department is not the department referred to in clause 5
a: charge persons for the cost of mailing or couriering information to them (including information that is transcripts or recordings of hearings):
b: charge for the cost of transcripts and recordings of hearings, or copies of records and papers, of the Tribunal (unless the material is required by any enactment to be provided free of charge):
c: charge for access to any library or research services provided in relation to immigration, refugee, or protection matters:
d: charge a person for the supply of forms to the person in quantity, if it is apparent that the forms are not for the person's own personal use:
e: charge for the reasonable costs of providing any other service associated with an appeal or matter before the Tribunal.
8: All charges received by a department under subsection (7) must be paid into a Departmental Bank Account 1987 No 74 s 148C Section 394(4) amended 7 May 2015 section 100(1) Immigration Amendment Act 2015 Section 394(8) amended 7 May 2015 section 100(2) Immigration Amendment Act 2015
395: Exemptions and refunds
1: Regulations made under this Act may provide for exemptions from or refunds of any fee or charge payable under this Act, in whole or in part, in any class of case.
2: The Minister may by special direction provide for an exemption from or refund of any prescribed fee or charge in whole or in part. 1987 No 74 s 149
396: Imposition of bonds
1: This section applies in any case where a bond may be imposed under this Act.
2: The amount of any bond is to be at a level determined or authorised by immigration instructions.
3: Different levels of bond, or different methods of determining levels of bond, may be determined or authorised in respect of different categories of person.
4: Without limiting the manner in which persons may be categorised, categories of persons may be determined by having regard to the different regions of the world where their countries of origin or nationality are situated and the costs of travel or repatriation to those regions or countries.
5: The Minister or an immigration officer must specify—
a: the conditions in respect of which the bond is paid (which must relate to or be based on requirements of the relevant immigration instructions, if appropriate, or on other requirements and obligations imposed by or under this Act, including conditions of the relevant visa); and
b: the situations in which it may be refunded or forfeited, whether in whole or in part.
6: Immigration instructions may—
a: require any bond or class of bond to be paid in New Zealand dollars only:
b: require any refund of a bond or class of bond to be made in New Zealand dollars only (whether or not the bond itself was required to be paid in New Zealand dollars).
7: A bond required in respect of any type of matter is payable at the time specified for that class of matter in immigration instructions, and may be payable either by the person concerned or by any other class of person specified in the instructions.
8: Immigration instructions may provide for exemptions from or refunds of any bond payable in any class of case.
9: The Minister may by special direction provide for an exemption from or refund of any bond, in whole or in part.
397: Refund or forfeiture of bond
1: The Minister or an immigration officer may cause a bond imposed under this Act to be forfeited.
2: Forfeiture of a bond is at the discretion of the Minister or an immigration officer, who must exercise the discretion by taking into account—
a: the reason the bond was imposed; and
b: the extent to which the conditions of the bond have been met or breached; and
c: any explanation given as to the breach of the bond conditions; and
d: the estimated cost to the Crown of the breach.
3: A person who is eligible for the refund of a bond must apply for the refund within 12 months of the bond becoming refundable, or the bond is forfeit to the Crown.
4: A bond paid must be held in trust by the Department until refunded or forfeited.
5: No interest is payable on a bond to the person who paid it. The chief executive may apply any interest towards the costs of administering the bond system, and any surplus interest must be paid into a Crown Bank Account.
6: In the case of a bond imposed in relation to a temporary entry class visa, no refund may be made until the person in question either is no longer in New Zealand or is granted a residence class visa.
7: A refund of a bond must be paid either to the person who paid it or to a person authorised by that person to receive it.
8: If all or any part of a bond is forfeited, the Department must pay the amount forfeited into a Crown Bank Account.
9: No bond may be imposed on any claimant for any matter relating to recognition as a refugee or a protected person, and any bond imposed upon a person before that person became a claimant must be refunded if the person is subsequently recognised as a refugee or a protected person. 1987 No 74 s 148B
398: Costs of deportation or repatriation
1: Subject to this section and to any order of a court under section 355(6)
2: Subsection (3) applies if—
a: a person has been or is to be deported or repatriated from New Zealand; and
b: that person has in New Zealand a spouse, civil union partner, de facto partner, or dependent child; and
c: the Minister is satisfied that the effect of the deportation or repatriation has been or will be to separate the person from the spouse, partner, or dependent child.
3: The Minister may provide the person or the person’s spouse or partner with such assistance as the Minister thinks fit for the purpose of reuniting the spouse, partner, or dependent child with the person in the country to which the person has been or is to be deported or repatriated, and any such assistance may include the grant of a sum out of a Crown Bank Account to meet all or part of the travelling or other costs that will be incurred in any such exercise.
4: The costs incurred by the Crown in deporting or repatriating a person are recoverable as a debt due to the Crown, and those costs include (without limitation) costs incurred—
a: in locating, detaining, transporting, and maintaining the person pending his or her deportation or repatriation; and
b: in paying for travel for the person outside New Zealand.
5: The costs recoverable by the Crown may be the actual costs (determined after the deportation or repatriation has been effected), or an estimate of those costs determined by,—
a: in the case of deportation costs only, an immigration officer, in which case the estimate must be noted on the deportation order along with a statement requiring those costs to be paid; or
b: in the case of either deportation costs or repatriation costs, a court of competent jurisdiction, on application by the Minister or an immigration officer.
6: Where the estimated costs of deportation or repatriation are recovered from a person, if the amount recovered exceeds the actual costs of the deportation or repatriation, the excess must, on application by the person in the prescribed manner, be refunded to the person.
6A: If the person deported or repatriated is under 18 years of age and not married or in a civil union, the costs of his or her deportation or repatriation are recoverable from the person's parent or guardian.
7: Any costs recovered under this section must be paid into a Crown Bank Account.
8: Nothing in this section or in section 55 118 355 1987 No 74 s 148 Section 398(4) replaced 7 May 2015 section 101 Immigration Amendment Act 2015 Section 398(5) replaced 7 May 2015 section 101 Immigration Amendment Act 2015 Section 398(6) replaced 7 May 2015 section 101 Immigration Amendment Act 2015 Section 398(6A) inserted 7 May 2015 section 101 Immigration Amendment Act 2015
399: Immigration
1: Any regulations made under section 400 an immigration levy on applicants for a visa
2: The purpose of the levy is to fund, or contribute to the funding of,—
a: the provision of programmes intended to assist the successful settlement of migrants or categories of migrants; and
b: the carrying out of research into settlement issues and the impacts of immigration ; and
c: the infrastructure required for, and the operation of, the immigration system, including (without limitation) for the following purposes:
i: establishing and verifying the identity of persons:
ii: managing risk to the integrity of the immigration system:
iii: managing immigration risk to the safety and security of New Zealand:
iv: managing compliance with the immigration system; and
d: activities aimed at attracting migrants to New Zealand; and
e: the Immigration Advisers Authority, to the extent that it is not otherwise funded.
3: Regulations made for the purposes of this section may—
a: specify the categories or classes of applicants who are liable to pay the immigration levy:
b: prescribe the amount or method of calculation of the levy:
c: prescribe different amounts or methods of calculation of the levy in respect of different categories or classes of applicants
d: provide for exemptions from or refunds of the levy, in whole or in part, in any class of case:
e: provide for the manner of collection of the levy, including provision for the relevant amount of levy to be deposited with the chief executive
3A: The Minister may, by special direction,—
a: exempt any person or persons from the obligation to pay all or part of the levy; or
b: refund all or part of a levy paid.
4: All levy money collected under this section must be paid into a Crown Bank Account.
5: Not later than 1 October in each year, the chief executive must provide to the Minister a report setting out, in respect of the financial year ending on the preceding 30 June,—
a: the amount collected through the immigration
b: how the amount of the immigration
6: The Minister must present the report to the House of Representatives not later than 15 sitting days after its receipt.
7: In this subsection and subsection (8),— commencement date section 102 migrant levy relevant person
a: had applied for, but had not yet been granted, a visa; and
b: would have been liable to pay the migrant levy if the visa had been granted before the commencement date.
8: On and after the commencement date,—
a: a relevant person is not liable to pay, in respect of an application for a visa made before the commencement date, the immigration levy imposed by regulations that apply after the commencement date; but
b: if the relevant person is granted a visa on the basis of that application, he or she is liable to pay the migrant levy that would have been payable if section 102 1987 No 74 s 149B Section 399 heading amended 7 December 2015 section 102(1) Immigration Amendment Act 2015 Section 399(1) amended 7 December 2015 section 102(2) Immigration Amendment Act 2015 Section 399(2)﻿(b) amended 7 December 2015 section 102(3) Immigration Amendment Act 2015 Section 399(2)﻿(c) inserted 7 December 2015 section 102(4) Immigration Amendment Act 2015 Section 399(2)﻿(d) inserted 7 December 2015 section 102(4) Immigration Amendment Act 2015 Section 399(2)﻿(e) inserted 7 December 2015 section 102(4) Immigration Amendment Act 2015 Section 399(3)﻿(a) replaced 7 December 2015 section 102(5) Immigration Amendment Act 2015 Section 399(3)﻿(c) amended 7 December 2015 section 102(6) Immigration Amendment Act 2015 Section 399(3)﻿(e) amended 7 December 2015 section 102(7) Immigration Amendment Act 2015 Section 399(3A) inserted 7 December 2015 section 102(8) Immigration Amendment Act 2015 Section 399(5)﻿(a) amended 7 December 2015 section 102(9) Immigration Amendment Act 2015 Section 399(5)﻿(b) amended 7 December 2015 section 102(9) Immigration Amendment Act 2015 Section 399(7) inserted 7 December 2015 section 102(10) Immigration Amendment Act 2015 Section 399(8) inserted 7 December 2015 section 102(10) Immigration Amendment Act 2015
399A: International visitor conservation and tourism levy
1: Regulations made under section 400
a: applicants for a temporary entry class visa:
b: persons seeking to rely on a waiver under section 69
2: The purpose of the levy is to fund, or contribute to the funding of,—
a: conservation:
b: infrastructure used for tourism (including the cost of operating the infrastructure):
c: other initiatives related to tourism.
3: Regulations made for the purposes of this section may—
a: specify the categories or classes of person who are liable to pay the levy:
b: prescribe the amount or method of calculation of the levy:
c: prescribe different amounts or methods of calculation of the levy in respect of different categories or classes of person:
d: provide for exemptions from, or refunds of, all or part of the levy in any class of case:
e: provide for the manner of collection of the levy, including provision for the relevant amount of levy to be deposited with the chief executive.
4: The Minister may, by special direction,—
a: exempt any person or persons from the obligation to pay all or part of the levy; or
b: refund all or part of a levy paid.
5: All levy money collected under this section must be paid into a Crown Bank Account. Section 399A inserted 1 July 2019 section 7 Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019
399B: International visitor conservation and tourism levy: consultation and review
1: Before recommending the making of regulations for the purposes of section 399A
2: However, the requirement to consult persons and organisations does not apply to the first regulations made for those purposes.
3: At intervals of no more than 5 years following the commencement of section 399A Section 399B inserted 1 July 2019 section 7 Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 Regulations
400: Regulations generally
1: The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:
a: prescribing the manner of application and any procedural matters in relation to any applications for visas or other applications under this Act:
ab: providing that the chief executive may require that certain applications for visas must be made electronically, in which case the chief executive must maintain a list of such requirements and the regulations must prescribe how that list is to be publicly available:
b: prescribing other matters in respect of visas or expressions of interest, including matters provided for in section 401
c: prescribing requirements and procedures in respect of arrivals in and departures from New Zealand, including matters provided for in section 402
d: prescribing procedures to be followed for the purposes of Part 5 section 403
e: prescribing procedures and other matters in respect of reconsiderations, appeals, and reviews under Part 7
f: prescribing fees and charges in respect of any matters under this Act, and providing for exemptions from or refunds of any fees and charges, including matters provided for in sections 393 395
g: prescribing infringement offences against this Act in the case of carriers, or persons in charge, of craft:
h: setting the infringement fees payable in respect of infringement offences, which fees—
i: may differ for different infringement offences; and
ii: may differ for different classes of person; and
iii: in the case of a person in charge of a craft, may not exceed $2,500; and
iv: in the case of a carrier of a craft, may not exceed $5,000:
i: prescribing forms for the purposes of this Act, including the form of infringement notices and infringement offence reminder notices:
j: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made for the purposes of this Act, and the maximum amounts of fines that may be imposed in respect of those offences (which maximum amounts may not exceed $5,000
k: providing for transitional and related matters, as provided in section 472
ka: providing requirements, which may differ from the requirements of sections 386A to 387A
l: exempting classes of persons from the requirement to allow biometric information
m: providing for such other matters as are contemplated by or necessary for giving effect to the provisions of this Act and for its due administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 400(1)﻿(ab) inserted 7 May 2015 section 103(1) Immigration Amendment Act 2015 Section 400(1)﻿(j) amended 7 May 2015 section 103(2) Immigration Amendment Act 2015 Section 400(1)﻿(ka) inserted 7 May 2015 section 103(3) Immigration Amendment Act 2015 Section 400(1)﻿(l) amended 7 May 2015 section 103(4) Immigration Amendment Act 2015 Section 400(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
401: Regulations relating to visas and expressions of interest
Without limiting section 400
a: prescribe the situations under which a visa of a particular class and type is deemed under this Act to be granted to a person:
b: prescribe who may apply for a residence class visa—
i: at a place designated by the chief executive under section 383
ii: on arrival in New Zealand at an immigration control area or other prescribed place:
c: classify persons to whom a transit visa waiver applies for the purposes of section 86
d: prescribe 1 or more transit periods, and different periods may be prescribed for the holders of transit visas and persons to whom a transit visa waiver applies:
e: prescribe the manner in which an expression of interest must be made for the purposes of section 92(1) Section 401(d) replaced 6 November 2015 section 104 Immigration Amendment Act 2015
401A: Regulations relating to suspending ability to make applications for visas and expressions of interest
2023-05-16 Immigration Act 2009 Section 401A is repealed at the close of 15 May 2023. Section 401A repealed the close of 15 May 2023
401B: Provisions relating to regulations made for purposes of section 401A
2023-05-16 Immigration Act 2009 Section 401B is repealed at the close of 15 May 2023. Section 401B repealed the close of 15 May 2023
402: Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand
Without limiting the generality of section 400
a: prescribe the information that must be obtained for the purposes of section 96(2)﻿(a) or from
b: prescribe the information that must be provided to the chief executive for the purposes of section 96(2)﻿(b)
i: a description of the location of the information prescribed for the purposes of section 102(2)
ii: if applicable, the electronic address for the information referred to in subparagraph (i):
c: exempt carriers, and persons in charge, of craft from any of the obligations under section 101
d: prescribe the documentation that persons en route to New Zealand must have for the purposes of section 101(1)﻿(a)
e: prescribe the documents that may be required to be produced to an immigration officer under section 101(1)﻿(b)﻿(i)
f: prescribe the information that must be provided for the purposes of section 102(2)
g: prescribe the manner and place in which, and the time within which, a person must present himself or herself on arrival in New Zealand:
h: exempt persons arriving in New Zealand from any of the obligations under section 103
i: prescribe the manner of application for entry permission, including the provision of any information, documents, or other details (if any) required:
j: prescribe the situations under which entry permission is deemed under this Act to be granted to a person:
k: prescribe requirements as to the establishment of a person’s identity as a New Zealand citizen for the purposes of section 99
l: exempt New Zealand citizens from the requirement to allow a photograph to be taken in any class of case:
m: prescribe documents that may be demanded by an immigration officer for the purposes of section 106
n: exempt carriers, and persons in charge, of craft from any of the obligations under section 118
o: prescribe classes of persons in respect of whom details must be reported for the purposes of section 118(1)﻿(c)
p: exempt persons leaving New Zealand from any of the obligations under section 119
q: prescribe the place at which a person leaving New Zealand must present himself or herself:
r: prescribe the information and documentation required from persons leaving New Zealand. Section 402(a) amended 28 September 2017 section 279 Intelligence and Security Act 2017 Section 402(b) replaced 7 May 2015 section 105 Immigration Amendment Act 2015
403: Regulations in respect of refugee and protection matters
1: Without limiting the generality of section 400
a: specify the manner in which any claim, appeal, or application is to be made:
b:
c: provide for the availability and use of interpreters:
d: provide for matters relating to communications with claimants or other persons concerned:
e: specify the information that must be supplied to claimants or other persons concerned, including information concerning their rights and concerning procedures under Part 5
f: make provision for the representation of minors:
g: make provision for representation generally:
h: specify the circumstances in which interviews must be held and when they need not be held:
i: specify the periods, or minimum or maximum periods, within which or before or after which certain things must be done or may not be done:
j: specify the obligations of claimants or other persons concerned as to the provision of contact details, information, and documents:
k: specify the manner in which a claim or other matter may be withdrawn:
ka: specify, by reference to 1 or both of the following matters, the claims that a refugee and protection officer must not process or determine or make a decision on under sections 136 to 138
i: common circumstances or common characteristics of the claims:
ii: common circumstances or common characteristics of the claimants making the claims:
l: provide for any special matters relating to the handling of claims, appeals, or other matters when the claimant or other person concerned is in custody:
m: specify the procedures to be followed in relation to claims, appeals, and other matters not completed before the commencement of this section.
2: No regulations may be made under section 400
a: has recommended the making of the regulations to the Governor-General; and
b: before doing so, is satisfied that the regulations are necessary for 1 or both of the following reasons:
i: there are problems in accessing information or assessing information that is relevant to determining or making a decision on the claims to be specified in the regulations:
ii: the circumstances to which the claims to be specified in the regulations relate, or the circumstances of the claimants making those claims, are otherwise of a nature, or subject to such a degree of change or uncertainty, that determination or decision of the claims under sections 136 to 138
3: Regulations made under section 400
a: are deemed to be revoked on the date that is 6 months after their commencement or on any earlier date specified in the regulations; and
b: have no continuing effect after the date on which they expire. Section 403(1)﻿(b) repealed 7 May 2015 section 106 Immigration Amendment Act 2015 Section 403(1)﻿(ka) inserted 19 June 2013 section 16(1) Immigration Amendment Act 2013 Section 403(2) inserted 19 June 2013 section 16(2) Immigration Amendment Act 2013 Section 403(3) inserted 19 June 2013 section 16(2) Immigration Amendment Act 2013
403A: Regulations made on recommendation of Minister
1: Regulations made under this Part may be made only on the recommendation of the Minister, except as provided in subsection (2).
2: Any regulations made under the following provisions may, if they relate to appeals or other matters in the Tribunal, be made only on the recommendation of the Minister for Courts, after consultation with the Minister:
a: section 400(1)﻿(d)
b: section 400(1)﻿(e)
c: section 400(1)﻿(f)
d: section 400(1)﻿(i) Section 403A inserted 7 May 2015 section 107 Immigration Amendment Act 2015 Modifications of Act relating to COVID-19 outbreak Heading inserted 16 May 2020 section 18 Immigration (COVID-19 Response) Amendment Act 2020
403B: Modifications of Act relating to COVID-19 outbreak
2023-05-16 Immigration Act 2009 Section 403B and Schedule 6 are repealed at the close of 15 May 2023. Section 403B repealed the close of 15 May 2023
12: Repeals, transitional provisions, saving provisions, and related matters
1: Repeals and related matters
404: Immigration Act 1987 repealed
The Immigration Act 1987 OIC SR 2010/185 2010-11-29 Immigration Act 1987 If not in force immediately before 2am on 29 November 2010, this section comes into force at 2am on 29 November 2010.
405: Regulations made under Immigration Act 1987 revoked
The following regulations are revoked:
a: Immigration (Refugee Processing) Regulations 1999
b: Immigration Regulations 1999
c: Immigration (Special Regularisation) Regulations 2000
d: Immigration (Transit Visas) Regulations 2008 OIC SR 2010/185 2010-11-29 Immigration (Refugee Processing) Regulations 1999 Immigration Regulations 1999 Immigration (Special Regularisation) Regulations 2000 Immigration (Transit Visas) Regulations 2008 If not in force immediately before 2am on 29 November 2010, this section comes into force at 2am on 29 November 2010.
406: Consequential amendments and repeals
1: The enactments listed in Schedule 3 OIC SR 2010/185 2010-11-29 Aviation Crimes Act 1972 Births, Deaths, Marriages, and Relationships Registration Act 1995 Care of Children Act 2004 Children, Young Persons, and Their Families Act 1989 Citizenship Act 1977 Citizenship Amendment Act 2005 Citizenship (Western Samoa) Act 1982 Civil Aviation Act 1990 Corrections Act 2004 Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980 Crimes of Torture Act 1989 Customs and Excise Act 1996 Education Act 1964 Education Act 1989 Electoral Act 1993 Electronic Transactions Act 2002 Extradition Act 1999 Fisheries Act 1996 Government Communications Security Bureau Act 2003 Habeas Corpus Act 2001 Health Act 1956 Immigration Advisers Licensing Act 2007 Income Tax Act 2007 Injury Prevention, Rehabilitation, and Compensation Act 2001 International Crimes and International Criminal Court Act 2000 International War Crimes Tribunals Act 1995 Judicature Act 1908 KiwiSaver Act 2006 Lawyers and Conveyancers Act 2006 Legal Services Act 2000 Lincoln University Act 1961 Maritime Crimes Act 1999 Maritime Security Act 2004 Massey University Act 1963 Mutual Assistance in Criminal Matters Act 1992 New Zealand Security Intelligence Service Act 1969 Official Information Act 1982 Overseas Investment Act 2005 Parole Act 2002 Passports Act 1992 Pitcairn Trials Act 2002 Privacy Act 1993 Prostitution Reform Act 2003 Ship Registration Act 1992 Social Security Act 1964 Summary Proceedings Act 1957 Tax Administration Act 1994 Trade in Endangered Species Act 1989 University of Auckland Act 1961 University of Canterbury Act 1961 University of Otago Amendment Act 1961 University of Waikato Act 1963 Victims’ Rights Act 2002 Victoria University of Wellington Act 1961 If not in force immediately before 2am on 29 November 2010, this section comes into force at 2am on 29 November 2010.
2: The regulations, rules, and orders listed in Schedule 4 OIC SR 2010/185 2010-11-29 Corrections Regulations 2005 Customs and Excise Regulations 1996 Diplomatic Privileges (EC) Order 2004 Diplomatic Privileges (International Criminal Court) Order 2004 Health Entitlement Cards Regulations 1993 Health (Quarantine) Regulations 1983 Land Transport (Driver Licensing) Rule 1999 Sale of Liquor Regulations 1990 Social Security (SuperGold Card) Regulations 2007 Social Security (Temporary Additional Support) Regulations 2005 Student Allowances Regulations 1998 United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007 United Nations Sanctions (Côte d’Ivoire) Regulations 2005 United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2006 United Nations Sanctions (Democratic Republic of the Congo) Regulations 2004 United Nations Sanctions (Iran) Regulations 2007 United Nations Sanctions (Lebanon) Regulations 2008 United Nations Sanctions (Liberia) Regulations 2001 United Nations Sanctions (Sierra Leone) Regulations 1997 United Nations Sanctions (Somalia) Regulations 1992 United Nations Sanctions (Sudan) Regulations 2004 If not in force immediately before 2am on 29 November 2010, this section comes into force at 2am on 29 November 2010.
3: The following Acts are repealed:
a: Air Facilitation Act 1993
b: Air Facilitation (Domestic Passengers and Cargo) Act 1994 OIC SR 2010/185 2010-11-29 Air Facilitation Act 1993 Air Facilitation (Domestic Passengers and Cargo) Act 1994 If not in force immediately before 2am on 29 November 2010, this section comes into force at 2am on 29 November 2010.
407: Immigration Act 1987 continues in relation to certain matters and for certain purposes
1: To avoid doubt, despite the repeal of the former Act by section 404 sections 17 18 19
a: provide that the repeal of the former Act does not affect certain matters; and
b: continue the application of the former Act for certain purposes, subject to any provision in subpart 2
2: Accordingly, but without limiting subpart 2 section 404
a: is unlawfully in New Zealand continues to have an obligation to leave New Zealand:
b: is detained under the former Act continues to be lawfully detained:
c: is subject to a removal order or deportation order under the former Act continues to be subject to that order.
408: Appeals body members not entitled to compensation
Nothing in this Act entitles a member of an appeals body to any compensation—
a: in respect of the repeal of the former Act by section 404
b: for any fees or allowances that would otherwise be payable for the remainder of the member's term of appointment affected by the repeal.
2: Transitional and savings provisions
Government immigration and residence policy
409: Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions
1: On and from the commencement of section 404 section 13A
2: On and from the commencement of section 404 section 13A
3: Subsection (2) applies regardless of whether the policy would affect eligibility for, or otherwise relate to, the issuing of a residence visa or the granting of a residence permit.
4: On and from the commencement of section 404 section 13A
5: On and from the commencement of section 404 section 13B
6: Without limiting subsections (1) to (5),—
a: a reference to a visa in Government immigration policy or Government residence policy to which this section applies must be read as a reference to a visa that allows the person to travel to New Zealand; and
b: a reference to a permit in Government immigration policy or Government residence policy to which this section applies must be read as a reference—
i: to a visa that allows a person to stay in New Zealand; and
ii: to the grant of entry permission in relation to the person.
410: Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 412 applies
1: On and from the commencement of section 404 section 13A(2) section 13BB section 24
2: Without limiting subsection (1), any relevant time periods specified in the immigration instructions must be calculated including any time that has elapsed before the commencement of section 404 General instructions of chief executive
411: General instructions given under section 13BA of former Act treated as general instructions under section 26(4) of this Act
On and from the commencement of section 404 section 13BA
a: must be treated for the purposes of this Act as general instructions given by the chief executive under section 26(4)
b: continue in force according to their general tenor, subject to any necessary modifications. Existing applications, expressions of interest, and invitations
412: Existing applications for visas and permits
1: An application for a visa or a permit of a type described in the first column of the following table (the former type section 404 The following table is small in size and has 2 columns. Column 1 is headed Application under former Act. Column 2 is headed To be treated as application under this Act. Application under former Act To be treated as application under this Act Residence visa Resident visa (but determined in accordance with the Government residence policy in force at the time the application was made under the former Act) Residence permit Resident visa (but determined in accordance with the Government residence policy in force at the time the application was made under the former Act) Temporary visa Temporary visa Work permit Temporary visa that allows the holder to work in New Zealand (including the territorial sea) or the exclusive economic zone of New Zealand Student permit Temporary visa that allows the holder to study in New Zealand Visitor permit Temporary visa that does not allow the holder to work in New Zealand (including the territorial sea) or the exclusive economic zone of New Zealand or study unless the conditions of the permit granted under the former Act allow work or study Limited purpose visa Limited visa Limited purpose permit Limited visa Transit visa Transit visa Temporary permit to which section 27A of the former Act applied Limited visa to which section 83 Returning resident visa by person other than New Zealand citizen Variation of travel conditions of resident visa under section 51 Returning resident visa by New Zealand citizen Endorsement under section 384(4)
2: For the purposes of subsection (1), this Act applies accordingly with any necessary modifications, unless—
a: expressly stated otherwise in the table; or
b: any special direction directs otherwise; or
c: any regulations made under section 472 section 473
413: Expressions of interest in residence under section 13D of former Act
1: An expression of interest submitted under section 13D section 404 section 92 section 412(1)
2: For the purposes of determining whether an expression of interest to which subsection (1) applies is no longer current, the period of time concerned must be calculated including any time that has elapsed before the commencement of section 404
414: Invitations to apply for residence under section 13E of former Act
1: An invitation to apply under section 13E of the former Act that was made before the commencement of section 404 section 94 section 412(1)
2: For the purposes of determining whether a residence application has been made in the stipulated time frame following the issue of an invitation to apply to which subsection (1) applies, the period of time must be calculated including any time that has elapsed before the commencement of section 404 Existing visas and permits
415: Holder of visa or permit under former Act deemed to be holder of visa and (if applicable) granted entry permission under this Act
1: A person who, immediately before the commencement of section 404 first column of Schedule 5
2: In addition, a person who, immediately before the commencement of section 404
a: held a permit under the former Act (or was deemed to hold a permit under the former Act) is deemed on and from that commencement to have been granted entry permission under this Act, and this Act applies accordingly with any necessary modifications:
b: held a visa (other than a transit visa) and a permit under the former Act is deemed on and from that commencement to hold under this Act a single visa (as determined under Schedule 5
3: Without limiting subsection (1) or (2),—
a: the period of currency of a visa deemed to be held under this Act by this section must be calculated including any time that has elapsed before the commencement of section 404
b: the transit period for any person deemed to hold a transit visa under subsection (1) must be calculated including any time that has elapsed in which the person was in New Zealand before the commencement of section 404
4: Nothing in this section applies to a person to whom section 432 438
416: Returning resident's visa held by New Zealand citizen under former Act indication of entitlement
Despite section 404 section 2(1)
417: Persons exempt from holding permit under former Act deemed to be holders of temporary visa or resident visa
1: A person in New Zealand who immediately before the commencement of section 404 section 11
a: hold a temporary visa under this Act—
i: that is current for the period for which the exemption would have applied under section 11 of the former Act (calculated including any time that has elapsed before the commencement of section 404 of this Act); and
ii: subject to conditions that allow the purpose for which the exemption applied to be pursued; and
b: have been granted entry permission on the basis of the temporary visa.
2: A person in New Zealand who immediately before the commencement of section 404 section 12(2)
a: hold a temporary visa under this Act for the period (calculated including any time that has elapsed before the commencement of section 404 of this Act) and subject to the conditions (if any) specified in the special direction; and
b: have been granted entry permission on the basis of the temporary visa.
3: A person in New Zealand who immediately before the commencement of section 404 Part 2
4: For the purposes of this section, this Act applies accordingly with any necessary modifications. Arrivals and departures
418: Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand
1: On and from the commencement of section 404 section 125AA(1) section 96(1)
2: On and from the commencement of section 404 section 125AA(3) section 96(3)
3: On and from the commencement of section 404 section 125AA(5) section 4
419: Decision by chief executive about person boarding craft for purpose of travelling to New Zealand
1: On and from the commencement of section 404 section 125AB section 97(1)
2: On and from the commencement of section 404 section 125AB(2) section 97(2)
420: Information requirements for carrier, and person in charge, of commercial craft
1: This section applies to a person to whom section 125AA section 404
a: the chief executive made a request to the person for information under section 125AD
b: the 24-hour period referred to in subsection (4) of that section had not expired.
2: The obligations under section 125AD(3) and (4) section 404
3: To avoid doubt, the chief executive may also request information from the person under section 102 section 404
421: Reporting obligations of carriers, and persons in charge, of craft leaving New Zealand
1: This section applies in respect of a person if,—
a: before the commencement of section 404
b: on arrival, the person was exempt under section 11(1)﻿(c), (d), or (e)
c: on or after the commencement of section 404 of this Act, the person is not aboard the craft when the craft is leaving New Zealand.
2: The obligations of the carrier, and the person in charge, of the craft to report to an immigration officer under section 118(1)﻿(c)
422: Obligations of carriers of craft leaving New Zealand to provide passage
1: This section applies to a carrier of a craft if, before the commencement of section 404
a: a person,—
i: not being the holder of a visa under the former Act, was on board the craft, or any other craft operated by the carrier, when it arrived in New Zealand and neither was exempt under that Act from the requirement to hold a permit nor was granted a permit or pre-cleared permit on or before arrival in New Zealand; or
ii: arrived in New Zealand as a member of the crew of the craft, or any other craft operated by the carrier, and, otherwise than in accordance with the former Act, remained in New Zealand after the departure of that craft; and
b: the person has not left New Zealand.
2: On and from the commencement of section 404 section 118(2)﻿(a)
3: On and from the commencement of section 404 section 118(2)﻿(b)
423: Responsibilities of carrier, and person in charge, of craft en route to New Zealand
1: On and from the commencement of section 404 section 125(2)﻿(c) section 101(2)﻿(a)
2: On and from the commencement of section 404 section 125(2)﻿(d) section 101(2)﻿(b)
3: For the purposes of this section, if a craft arrives, or is to arrive, in New Zealand otherwise than at a place that is or contains an immigration control area because of weather conditions or other unforeseen circumstances, the prescribed time referred to in section 101(1)﻿(c) section 404 Refugee and protection status
424: Person recognised as refugee under former Act treated as recognised as refugee under this Act
On and from the commencement of section 404 Part 6A
425: Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration)
1: On and from the commencement of section 404 Part 5
2: Subsection (3) applies to a subsequent claim (within the meaning of section 129B
a: made, and accepted for consideration, before the commencement of section 404
b: not determined before the date of that commencement.
3: The subsequent claim must be determined as if it were a claim accepted for consideration under Part 5
4: To avoid doubt, an appeal against a decision to decline recognition as a refugee (or a protected person) by a person to whom this section applies must be made under section 194
5: Nothing in this section applies to a subsequent claim (within the meaning of section 129B section 404
426: Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration
1: Subsection (2) applies to a subsequent claim (within the meaning of section 129B
a: the claim was made before the commencement of section 404
b: no decision has been made before that commencement as to whether to consider the claim.
2: Despite section 404 section 129J
a: references in that section to a refugee status officer must be read as references to a refugee and protection officer; and
b: if the claim is accepted for consideration, it must be determined as if it were a claim accepted for consideration under Part 5
c: if the claim is not accepted for consideration, any appeal by the person must be made in accordance with the provisions of the former Act, but the Tribunal must consider the appeal in accordance with section 449(4)
427: Acts or things done by refugee status officer for purposes of claim (including subsequent claim) under former Act not required to be repeated by refugee and protection officer
For the purposes of determining a claim (including a subsequent claim), or determining whether to consider a subsequent claim, to which section 425 426
a: is not required to repeat any act or thing already done by a refugee status officer in relation to the claim before the commencement of section 404
b: may rely on any act or thing done by a refugee status officer in relation to the claim before the commencement of section 404 of this Act, including any finding of fact, or decision or determination made, by the refugee status officer.
428: Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act
1: This section applies to a person if the person is not a New Zealand citizen and,—
a: before the commencement of section 404
i: a refugee status officer had determined under section 129L(1)﻿(b) section 129O(3)
ii: a refugee status officer had determined under section 129L(1)﻿(c) of the former Act that the person should be excluded from the protection of the Refugee Convention and the person did not appeal against that determination within the time set out in section 129O(3) of the former Act (calculated including any time that has elapsed before the commencement of section 404 of this Act); or
iii: the Refugee Status Appeals Authority has ceased to recognise the person as a refugee or excluded the person from the protection of the Refugee Convention under section 129L(1)﻿(f)﻿(ii) or (iii) of the former Act; or
b: after the commencement of section 404 of this Act, the person ceases to be recognised as a refugee, or his or her refugee status is cancelled, by the Tribunal in accordance with section 448(5)
2: On and from the commencement of section 404 section 162
3: Despite subsection (2), the Tribunal must not determine whether the person is currently a refugee or a protected person in terms of sections 129 131
429: Persons subject to section 129U of former Act
A person who, immediately before the commencement of section 404 section 129U section 150 Turnaround, revocation of permits, removal, deportation, and monitoring
430: Person subject to section 128 or 128B of former Act
1: A person who, immediately before the commencement of section 404 section 128 128B section 115
2: Without limiting subsection (1),—
a: in determining (under section 116 section 115 section 404
b: a person must be treated as if he or she were arrested and detained under Part 9
431: Deportation liability of residence class visa holder convicted of criminal offence
1: Subsection (2) applies to a person if he or she—
a: was exempt from the requirement to hold a permit under Part 2
b: was outside New Zealand immediately before the commencement of section 404
c: on or after the commencement of section 404 of this Act is granted a residence class visa following a continuous period of absence from New Zealand of less than 5 years.
2: For the purposes of section 161 Part 2
432: Revocation of permits, removal orders, and deportation orders
1: Despite section 404
a: whose visa or permit has been revoked by the Minister under the former Act, whether or not notice of the revocation has been served on the person; or
b: who is subject to a removal order under the former Act; or
c: who is subject to a deportation order under the former Act.
2: Subsection (1) is subject to subsections (3) to (6).
3: Section 446
a: was lodged with an appeals body (other than the Refugee Status Appeals Authority) under the former Act; but
b: was not determined before the commencement of section 404
4: Section 447
a: immediately before the commencement of section 404
b: the person has not yet lodged an appeal.
5: If a person to whom subsection (1)﻿(b) or (c) applies does not lodge an appeal, or is unsuccessful on appeal, the person may be removed or deported (as the case may be) from New Zealand, and—
a: the removal or deportation must be effected as if it were a deportation being executed under this Act, and this Act applies accordingly with any necessary modifications; and
b: the person is liable for arrest and detention under Part 9
6: For the purposes of this section, any time periods specified in the former Act must be calculated including any time that has elapsed before the commencement of section 404
433: Permit granted prior to commencement of section 404 as result of administrative error
1: Subsection (2) applies if—
a: a person has been granted a permit under the former Act; and
b: an immigration officer determines, whether before or after the commencement of section 404 section 19 32
c: the permit was not revoked in the arrival hall, or office of the Department, in which the error was made and discovered, before the commencement of section 404 of this Act.
2: The Minister or an immigration officer may, in his or her absolute discretion, and, instead of determining that the person is liable for deportation under section 155
a: offer the person a visa of a class and type, and subject to the conditions, that the Minister or the immigration officer considers appropriate; and
b: if the person agrees, grant the visa.
3: Subsection (4) applies if—
a: a person has been granted a permit under the former Act; and
b: an immigration officer determines that the permit was granted as a result of an administrative error (within the meaning of section 19 32
c: the person to whom the permit was granted is, after the commencement of section 404
4: An immigration officer may, under section 67 section 415
5: In this section, arrival hall
a: an arrival hall within the meaning of section 2(1)
b: an immigration control area within the meaning of section 4
434: Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act
1: A person may become liable for deportation under Part 6 section 415 417
2: For the purposes of subsection (1), any time periods specified in this Act that relate to liability for deportation must be calculated including any time that has elapsed before the commencement of section 404
435: Person released on conditions under former Act
1: This section applies if, immediately before the commencement of section 404
2: The person remains subject to the relevant conditions, and the former Act continues to apply in respect of that person’s release, until—
a: the person leaves New Zealand; or
b: in the case of a person to whom section 128AA
3: If subsection (2)﻿(b) applies, the person must deliver himself or herself to an immigration officer at the location stated in the order, and an immigration officer may—
a: detain the person under section 312 section 313
b: agree to residence and reporting requirements under section 315
4: If subsection (2)﻿(b) applies and the person fails to deliver himself or herself to an immigration officer as required, the person may be detained under section 312 section 313
5: To avoid doubt, an immigration officer may apply for a warrant of commitment or a further warrant of commitment under section 316
436: Person subject to residence and reporting requirements under former Act
1: Any residence and reporting requirements imposed on a person under section 98 section 404
2: If section 98(4) section 312 section 313 section 315
3: To avoid doubt, an immigration officer may apply for a warrant of commitment or further warrant of commitment under section 316
437: No deportation liability if deportation prohibited under former Act
Nothing in this Act authorises the deportation of a person if the deportation of the person was prohibited under section 93 Persons subject to Part 4A of former Act
438: Person subject to Part 4A of former Act
1: Despite section 404 Part 4A section 114D
2: If the Minister directs the chief executive to act in reliance on a certificate under section 114K(1)
a: the removal or deportation of the person must be effected as if it were a deportation being executed under this Act, and this Act applies accordingly with any necessary modifications; and
b: section 439
3: If the Minister directs the chief executive to act in reliance on a certificate under section 114K(1)
a: the removal or deportation of the person must be effected as if it were a deportation being executed under this Act, and this Act applies accordingly with any necessary modifications; and
b: section 439
4: However, if section 114L
5: This section overrides any provision to the contrary in this Part. Detention and monitoring
439: Certain persons deemed liable for arrest and detention under Part 9
1: On and from the commencement of section 404
a: a person subject to a removal order under section 54
b: a person subject to a deportation order under section 72 73 91 92
2: Without limiting subsection (1),—
a: a warrant under Part 9
i: immediately before the commencement of section 404
ii: is a person described in subsection (1):
b: a warrant under Part 9
i: immediately before the commencement of section 404 of this Act is detained under warrant; and
ii: is a person described in subsection (1):
c: a person described in subsection (1) but not yet detained may be detained under section 312 section 313 section 316
3: This section is subject to sections 440 to 443
440: Detention of person liable for turnaround
Section 117 section 115 section 404
441: Detention of person beyond 6 months
Section 323 section 404
442: Detention under former Act without warrant
1: This section applies to a person who, immediately before the commencement of section 404
2: Despite section 404 section 316
443: Detention under former Act with warrant
1: This section applies to a person who, immediately before the commencement of section 404
2: Despite section 404 section 316 Reconsiderations
444: Reconsiderations not determined before former Act repealed
1: An application for the reconsideration of a decision to decline an application for a further temporary permit under section 31 section 404
2: If, after reconsideration, the Minister or an immigration officer grants a visa to the person to whom the application relates, the person must be granted the equivalent visa, and entry permission, under this Act as determined under section 412
445: Persons eligible for reconsideration before former Act repealed
1: Subsection (2) applies to a person if—
a: the person was, immediately before the commencement of section 404 section 31
b: the person is lawfully in New Zealand.
2: The person may apply for reconsideration of the decision as if the application were an application for reconsideration of a decision to decline a temporary visa under section 185 Appeals and other matters in relation to appellate bodies
446: Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed
1: This section applies to any appeal—
a: lodged with an appeals body under the former Act (except an appeal lodged with the Refugee Status Appeals Authority); but
b: not determined before the commencement of section 404
2: Despite section 404
a: an appeal must be determined by the Tribunal in accordance with the relevant provisions of the former Act; and
b: for that purpose, the Tribunal is deemed to have all the necessary powers and functions of the appeals body under the former Act.
3: If the appeal has already been set down for hearing by the Deportation Review Tribunal, the matter must be completed by its 3 members (and, for this purpose only, the members are deemed to be members of the Tribunal and each have all the powers and functions of a member of the Tribunal that are necessary to determine the appeal).
4: If the appeal has already been allocated to a member of an appeals body (other than the Deportation Review Tribunal), the matter must be completed by that member (and, for this purpose only, the member is deemed to be a member of the Tribunal and has all the powers and functions of a member of the Tribunal that are necessary to determine the appeal).
5: If the appeal has not been set down for hearing by the Deportation Review Tribunal or allocated to a member of an appeals body (other than the Deportation Review Tribunal), the appeal must be determined by a member of the Tribunal.
6: Subsections (3), (4), and (5) apply unless the chair of the Tribunal determines otherwise.
7: If, on completion of the appeal, the person concerned is entitled, under the former Act, to be issued with a visa or granted a permit of a type described in the first column of the following table, the person must be granted a visa under this Act of the corresponding type described in the second column of the following table: The following table is small in size and has 2 columns. Column 1 is headed Visa to be issued or permit to be granted under former Act. Column 2 is headed Visa to be granted under this Act. Visa to be issued or permit to be granted under former Act Visa to be granted under this Act Residence visa Resident visa allowing travel to New Zealand Residence permit Resident visa allowing stay in New Zealand Temporary permit Temporary visa
447: Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed
1: This section applies to any appeal by a person who,—
a: immediately before the commencement of section 404
b: has not yet lodged an appeal.
2: Despite section 404
a: the person must lodge the appeal in accordance with the time frames specified for an appeal of that type under the former Act; and
b: the appeal must be determined by the Tribunal in accordance with the relevant provisions of the former Act; and
c: for that purpose, the Tribunal is deemed to have all the necessary powers and functions of the appeals body under the former Act.
3: If, on completion of the appeal, the person concerned is entitled, under the former Act, to be issued with a visa or granted a permit of a type described in the first column of the following table, the person must be granted a visa under this Act of the corresponding type described in the second column of the following table: The following table is small in size and has 2 columns. Column 1 is headed Visa to be issued or permit to be granted under former Act. Column 2 is headed Visa to be granted under this Act. Visa to be issued or permit to be granted under former Act Visa to be granted under this Act Residence visa Resident visa allowing travel to New Zealand Residence permit Resident visa allowing stay in New Zealand Temporary permit Temporary visa
448: Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed
1: Subsection (2) applies to the completion of an appeal lodged with the Refugee Status Appeals Authority under the former Act but not determined before the commencement of section 404
2: The Tribunal must determine the appeal as if it were an appeal to the Tribunal under section 194(1) 195
3: Subsection (2) applies—
a: whether the person concerned is or is not a New Zealand citizen; but
b: subject to subsections (7) and (8).
4: Subsection (5) applies to an application by a refugee status officer under section 129L(1)﻿(f) section 404
5: The Tribunal must determine the application as if it were an application to the Tribunal under section 144 147
6: Subsection (5) applies—
a: whether the person concerned is or is not a New Zealand citizen; but
b: subject to subsections (7) and (8).
7: Subsection (8) applies if the appeal is in respect of a decision by a refugee status officer to refuse to consider a subsequent claim (within the meaning of section 129B
8: The Tribunal must determine the appeal in accordance with the relevant provisions of the former Act and, for that purpose, the Tribunal, in addition to its powers and functions under this Act, is deemed to have all the necessary powers and functions of the Refugee Status Appeals Authority. However, if the Tribunal determines that the subsequent claim should be considered, the Tribunal must then determine the matter as if it were an appeal to the Tribunal under section 194(1)﻿(c)
9: If an appeal to which this section applies has already been allocated to a member of the Refugee Status Appeals Authority before the commencement of this section, the matter must be completed by that member and, for this purpose only, the member is deemed to be a member of the Tribunal and has all the powers and functions of a member of the Tribunal that are necessary to determine the appeal.
10: Subsection (9) applies unless the chair of the Tribunal determines otherwise.
449: Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed
1: Subsection (2) applies to a person if,—
a: immediately before the commencement of section 404
b: the person exercises the right on or after the date of that commencement.
2: Despite section 404
a: lodged in accordance with the time frames specified for an appeal of that type under the former Act; but
b: determined by the Tribunal as if it were an appeal to the Tribunal under section 194(1) 195
3: Subsection (2) is subject to subsection (4).
4: If the person's appeal is in respect of a decision by a refugee status officer to refuse to consider a subsequent claim (within the meaning of section 129B section 194(1)﻿(c)
450: Appeals not determined by court before former Act repealed
1: Despite section 404
2: On completion of the appeal, the court may do 1 or more of the following things:
a: reverse, confirm, or amend the decision in respect of which the appeal was brought:
b: remit the matter to the Tribunal with the court's opinion together with any directions on how the appeal should be dealt with:
c: make any other order in relation to the matter as it thinks fit.
3: If the effect of the court order is that the person may be removed or deported from New Zealand,—
a: the removal or deportation must be effected as if it were a deportation being executed under this Act, and this Act applies accordingly with any necessary modifications; and
b: the person is liable for arrest and detention under Part 9
4: If the matter is remitted to the Tribunal, the Tribunal must deal with it in the same way as an appeal or matter of the same type is dealt with under this Part.
5: For the purposes of this section, any time periods specified in the former Act must be calculated including any time that has elapsed before the commencement of section 404
451: Persons eligible to appeal to court before former Act repealed
1: Subsection (2) applies if, immediately before the commencement of section 404
2: Despite section 404
a: lodged in accordance with the time frames specified for an appeal of that type under the former Act; and
b: determined by the court in accordance with the relevant provisions of the former Act.
3: On completion of the appeal the court may do 1 or more of the following things:
a: reverse, confirm, or amend the decision in respect of which the appeal was brought:
b: remit the matter to the Tribunal with the court's opinion together with any directions on how the appeal should be dealt with:
c: make any other order in relation to the matter as it thinks fit.
4: If the matter is remitted to the Tribunal, the Tribunal must deal with it in the same way as a matter of the same type is dealt with under this Part.
452: Appeals against, or review proceedings in respect of, Tribunal decisions under this subpart to be made under Part 7
Any appeal against, or review proceedings in respect of, a decision of the Tribunal made under this subpart must be made in accordance with Part 7
453: No new appeal rights created
1: To avoid doubt, nothing in this Part allows a person who had a right of appeal under the former Act to take a further appeal under this Act in respect of the same matter, whether or not the person did in fact appeal under the former Act.
2: Subsection (1) is subject to any provision in this subpart that expressly provides otherwise. Disclosure of immigration information to other agencies, bodies, or persons
454: Arrangements under former Act for disclosure of immigration information
1: This section applies if, before the commencement of section 404 sections 141AA 141AC 141AE 141A
2: An arrangement described in subsection (1)—
a: must be treated as an arrangement between the chief executive and the chief executive (or other appropriate person as the case may be) of the department of State, organisation, entity, or person made under the relevant provisions of sections 294 to 306
b: continues in force according to its general tenor, subject to any necessary modifications. Offences, evidence, and classified information
455: Offences
1: A person commits an offence against this Act under section 343(1)﻿(d)
a: imposed (or deemed to be imposed) under this Act; or
b: imposed under the former Act (whether as a requirement or a condition).
2: A person commits an offence against section 344(a)
a: under this Act; or
b: under the former Act, if the officer could lawfully require the document or information under that Act.
456: Offences by employers
1: Subsection (2) applies if, before the commencement of section 404
a: an employer allowed a person to undertake employment in the employer’s service; and
b: at the time that the person commenced employment in the employer’s service, the employer had a reasonable excuse under section 39(1B)
c: the person is not entitled under this Act to undertake that employment.
2: No employer to whom subsection (1) applies is liable for an offence against section 350(1)﻿(b) section 404
457: Evidence in proceedings
In any proceedings relating to any matter under this Act, whether before the Tribunal or a court, a certificate signed by an immigration officer and containing a statement in relation to any person to the effect of 1 or more of the matters described in section 143(1)
458: Classified information
A decision may be made relying on classified information in accordance with this Act regardless of whether the application, claim, or other matter concerned arose before or after the commencement of section 404 Miscellaneous provisions
459: Children to have responsible adult to represent their interests
For the purposes of this Act, any person who has been nominated as a responsible adult for a minor under section 141B section 375
460: Special directions
1: A special direction made in accordance with section 130 section 404
2: A special direction saved by subsection (1) may be revoked or amended by further special direction given under section 378
461: Delegation of powers of Minister
1: A delegation made by the Minister under section 131 section 404
2: A delegation saved by subsection (1) may be revoked by the Minister under section 380(3)
462: Immigration officers
1: On and from the commencement of section 404 section 133 section 2(1) section 388
2: On and from the commencement of section 404 section 2(1) section 388
3: A designation deemed to continue by subsection (1) or (2) may be revoked by the chief executive under section 391
4: Subsections (1) and (2) are subject to any condition imposed on the designation under the former Act.
463: Immigration officers who may make and cancel removal orders under former Act
1: Despite section 462(1) section 54
a: may continue to make removal orders under that section if the making of an order is necessary for the purposes of completing any matter to which this Part applies; and
b: may continue to cancel removal orders under section 58
1A: Information privacy principle 6 set out in section 22
2: To avoid doubt, this section applies to an immigration officer only if his or her designation is current immediately before the commencement of section 404 Section 463(1A) replaced 1 December 2020 section 217 Privacy Act 2020
464: Acts or things done by immigration officer under former Act not required to be repeated
For the purposes of completing any matter to which this Part applies, an immigration officer—
a: is not required to repeat any act or thing already done by an immigration officer in relation to the matter before the commencement of section 404
b: may rely on any act or thing done by an immigration officer in relation to the matter before the commencement of section 404 of this Act, including any finding of fact, or decision or determination made, by an immigration officer.
465: Exercise of certain powers by customs officers
1: Despite section 2(2) sections 283 284 285 section 2(4)
2: It is sufficient compliance with section 327(1)﻿(b) section 273 Section 465(2) amended 1 October 2018 section 443(3) Customs and Excise Act 2018
466: Exercise of certain powers by Police
Despite section 2(2) sections 278 283 to 287 section 2(4)
467: Refugee status officers
1: On and from the commencement of section 404 section 129E section 390
2: A designation deemed to continue by subsection (1) may be revoked by the chief executive under section 391
468: Forms
On and from the commencement of section 404 section 132 section 381
469: Bonds imposed under former Act
1: On and from the commencement of section 404 section 397
2: The period during which a person must apply for a refund of the bond under section 397(3) section 404
470: Sponsorship under former Act
1: This section applies to an undertaking if—
a: a person has supplied a written undertaking relating to the employment, accommodation, maintenance, or repatriation of an applicant for a visa or permit under the former Act (whether under section 28
b: the undertaking is in force immediately before the commencement of section 404
2: The undertaking must be treated as an undertaking to which section 55
3: Despite subsection (2), nothing in section 55(3)﻿(b)
471: Files of appeals bodies
As from the commencement of this section, the department of State referred to in clause 5
472: Transitional regulations
1: The Governor-General may, by Order in Council, make regulations—
a: providing transitional and savings provisions concerning the coming into force of this Act that may be in addition to, or in place of, the transitional and savings provisions in relation to this Part:
b: providing that, subject to such conditions as may be specified in the regulations, during a specified transitional period,—
i: specified provisions of this Act (including definitions) do not apply:
ii: specified terms have the meaning given to them by the regulations:
iii: specified provisions repealed or amended or revoked by this Act are to continue to apply:
c: providing for any other matters necessary for facilitating or ensuring an orderly transition from the provisions of the former Act to the provisions of this Act.
2: No regulations made under this section may be made, or continue in force, later than 2 years after the date on which this section commences.
473: Transitional immigration instructions
Immigration instructions certified under section 22 Exercise of certain powers and functions before commencement of certain provisions of this Act
474: Exercise of certain powers and functions before commencement of certain provisions of this Act
1: Despite section 2(1)
a: to appoint members, including the chair, to the Tribunal under section 219(2) and (3)
b: to make regulations under sections 400 to 403
c: to make transitional regulations under section 472
2: Despite section 2(1) section 264(1)
3: Despite section 2(1)
a: to certify immigration instructions under section 22(1) section 23(1)
b: to certify transitional immigration instructions under section 22(1) and to classify them under section 23(1):
c: to delegate his or her powers to immigration officers under section 380(1)
4: Despite section 2(1)
a: to publish immigration instructions under section 25(1)
b: to give general instructions under section 26(4)
c: to make arrangements with the relevant persons for the disclosure or exchange of information under sections 294 to 306
d: to approve premises for the purpose of detention under section 330
e: to designate certain places as immigration control areas under section 382(1)
f: to designate under section 383
g: to approve and issue forms under section 381(1)
h: to designate immigration officers under section 388(1) section 389
i: to designate refugee and protection officers under section 390(1) section 33(2)﻿(b)
5: Despite section 2(1) clause 5(2) section 381(3)
6: Despite section 2(1) section 220
7: Despite section 2(1) section 260(1)﻿(a)
8: Despite section 2(1) section 260(1)﻿(b)
9: Despite section 2(1) section 264(1)
10: Despite section 2(1) sections 294 to 306
11: Subsections (1) to (10) apply as if the provision under which the power or function is exercised or performed and any other provision of this Act that relates to the provision that is not in force when the power or function is exercised or performed were in force when the power or function is exercised.
12: This section does not limit section 11
13: Amendments to Immigration Act 1987
475: Principal Act amended
This Part amends the Immigration Act 1987 OIC SR 2010/185 2010-08-02 Immigration Act 1987 s 477 2009-11-17 Immigration Act 1987 s 476 and 478
476: Cancellation of removal order
Section 58
5: Nothing in this section gives a person a right to apply to an immigration officer for the cancellation of a removal order. However, an immigration officer must consider cancelling the removal order of a person who is in New Zealand if the person provides information to the officer concerning his or her personal circumstances, and the information is relevant to New Zealand's international obligations.
6: If an immigration officer does consider cancelling a removal order, whether by way of a purported application or his or her own motion, the officer must have regard to any relevant international obligations, but otherwise,—
a: may make a decision as he or she thinks fit; and
b: in doing so, is not under any obligation, whether by implication or otherwise,—
i: to apply any test or any particular test and, in particular, the officer is not obliged to apply the test set out in section 47(3); or
ii: to inquire into the circumstances of, or to make any further inquiries in respect of the information provided by or in respect of, the person who is the subject of the removal order or any other person.
7: Whether or not an immigration officer considers cancelling a removal order,—
a: he or she is not obliged to give reasons for any decision, other than the reason that this subsection applies; and
b: section 23 of the Official Information Act 1982 does not apply in respect of the decision.
8: However, to the extent that an immigration officer does have regard to any international obligations, the officer is obliged to record—
a: a description of the international obligations; and
b: the facts about the person's personal circumstances.
477: New section 141ABA inserted
The following section is inserted after section 141A
141ABA: Disclosure of information to employers
1: The purpose of this section is to facilitate the disclosure of information by the Department to an employer to enable the employer to verify that a person is entitled under this Act to undertake employment in the employer’s service.
2: On receipt of a request from an employer, the chief executive may, for the purpose of this section, disclose the information specified in subsection (4) to the employer.
3: The chief executive must not disclose the information specified in subsection (4) unless satisfied that the request—
a: has been made by an employer in New Zealand; and
b: is for the purpose of enabling the employer to verify that a person is entitled under this Act to undertake employment in the employer’s service.
4: The information that may be disclosed under this section is as follows:
a: whether the person is entitled to undertake that employment in New Zealand:
b: if the person is entitled to undertake that employment in New Zealand,—
i: the duration of the entitlement; and
ii: any conditions imposed on that entitlement.
5: Where the chief executive discloses information under this section to an employer, the employer must be informed of the requirement to comply with the Privacy Act 1993 in relation to that information.
478: Interpretation
The definition of fine section 141AD
d: any levy payable under the Sentencing Act 2002