Immigration (COVID-19 Response) Amendment Act 2020

1: Title
This Act is the Immigration (COVID-19 Response) Amendment Act 2020.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Immigration Act 2009 principal Act 2020-05-16 Immigration Act 2009
1: Amendments to principal Act
4: New section 11A inserted (Transitional, savings, and related provisions)
After section 11
11A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1AA
5: Section 50 amended (Conditions on resident visas)
After section 50(4)
4A: The Minister may, by special direction in relation to a class or classes of persons holding resident visas,—
a: vary conditions that would otherwise apply to visas of the relevant types, or that were imposed under this section, that relate to travel to New Zealand:
b: vary or cancel conditions that would otherwise apply to visas of the relevant types, or that were imposed under this section, that relate to employment in New Zealand.
4B: However, the Minister may not make a special direction under subsection (4A) unless satisfied that—
a: doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
i: the outbreak of COVID-19; or
ii: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
iii: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects; and
b: the direction does not materially disadvantage the class or classes of persons to which it relates.
4C: A special direction under subsection (4A) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom a variation or cancellation of a visa condition applies by reference to all or any 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: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: the type of visa concerned:
e: any other type of visa that they have applied for.
4D: A special direction under subsection (4A)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
4E: This subsection and subsections (4A) to (4D) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
6: Section 52 amended (Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions))
After section 52(4)
4A: The Minister may, by special direction in relation to a class or classes of persons holding temporary entry class visas,—
a: impose further conditions on the visas, whether or not the conditions are specified in the temporary entry instructions in relation to visas of the relevant types:
b: vary or cancel conditions that would otherwise apply to visas of the relevant types or that were imposed under this section.
4B: However, the Minister may not make a special direction under subsection (4A) unless satisfied that—
a: doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
i: the outbreak of COVID-19; or
ii: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
iii: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects; and
b: the direction—
i: does not materially disadvantage the class or classes of persons to which it relates; or
ii: relates to compliance with directions, orders, or requirements of the Minister of Health, the Director-General of Health, any medical officer of health, or a District Court Judge given or imposed—
A: under the Health Act 1956 or any other Act (whether enacted before or after the Immigration (COVID-19 Response) Amendment Act 2020); and
B: in response to COVID-19.
4C: A special direction under subsection (4A) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom a further visa condition, or a variation or cancellation of a visa condition, applies by reference to all or any of the following:
a: their nationality:
b: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
c: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: the type of visa concerned:
e: any other type of visa that they have applied for.
4D: A special direction under subsection (4A)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
4E: This subsection and subsections (4A) to (4D) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
7: Section 53 amended (Conditions on temporary entry class visas subject to restricted temporary entry instructions)
After section 53(4)
4A: The Minister may, by special direction in relation to a class or classes of persons holding temporary entry class visas subject to restricted temporary entry instructions,—
a: impose further conditions on the visas, whether or not the conditions are specified in the restricted temporary entry instructions in relation to visas of the relevant types:
b: vary or cancel conditions that would otherwise apply to visas of the relevant types or that were imposed under this section.
4B: However, the Minister may not make a special direction under subsection (4A) unless satisfied that—
a: doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
i: the outbreak of COVID-19; or
ii: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
iii: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects; and
b: the direction—
i: does not materially disadvantage the class or classes of persons to which it relates; or
ii: relates to compliance with directions, orders, or requirements of the Minister of Health, the Director-General of Health, any medical officer of health, or a District Court Judge given or imposed—
A: under the Health Act 1956 or any other Act (whether enacted before or after the Immigration (COVID-19 Response) Amendment Act 2020); and
B: in response to COVID-19.
4C: A special direction under subsection (4A) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom a further visa condition, or a variation or cancellation of a visa condition, applies by reference to all or any of the following:
a: their nationality:
b: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
c: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: the type of visa concerned:
e: any other type of visa that they have applied for.
4D: A special direction under subsection (4A)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
4E: This subsection and subsections (4A) to (4D) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
8: Section 57 amended (Applications for visas)
After section 57(2)
3: The Minister may by special direction waive 1 or more of the prescribed requirements for applying for a visa (whether at an immigration control area or otherwise) in respect of a class or classes of persons.
4: However, the Minister may not make a special direction under subsection (3) unless satisfied that doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
a: the outbreak of COVID-19; or
b: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
c: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects.
5: A waiver made in accordance with subsection (3) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom the waiver applies by reference to all or any of the following:
a: their nationality:
b: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
c: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: the type of visa concerned:
e: any other type of visa that they hold or have applied for.
6: A special direction under subsection (3)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
7: This subsection and subsections (3) to (6) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
9: New section 61A inserted (Grant of visas by special direction)
After section 61
61A: Grant of visas by special direction
1: The Minister may at any time of the Minister’s own volition, by special direction, grant a visa of any type to a person who—
a: is outside New Zealand; or
b: is in New Zealand and holds a temporary entry class visa.
2: The Minister may at any time of the Minister’s own volition, by special direction, grant visas of any type to a class or classes of persons who—
a: are outside New Zealand; or
b: are in New Zealand and hold temporary entry class visas.
3: A visa may be granted under subsection (1) or (2) even if the grant is contrary to immigration instructions.
4: However, the Minister—
a: may not make a special direction under subsection (1) unless satisfied that the grant of the visa does not materially disadvantage the person to whom it is granted:
b: may not make a special direction under subsection (2) unless satisfied that—
i: doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
A: the outbreak of COVID-19; or
B: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
C: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects; and
ii: the grant of the visas does not materially disadvantage the class or classes of persons to whom they are granted.
5: A special direction under subsection (2) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom a visa is granted by reference to all or any of the following:
a: their nationality:
b: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
c: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: any type of visa that they hold or have applied for.
6: A special direction under subsection (2)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
7: This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
10: Section 78 amended (Deemed extension of temporary entry class visa expiring during epidemic)
After section 78(2)
2A: Subsection (2) is subject to any extension of the visa by special direction under section 78A
2B: This subsection and subsection (2A) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
11: New section 78A inserted (Extension of temporary entry class visa by special direction)
After section 78
78A: Extension of temporary entry class visa by special direction
1: The Minister may, by special direction in relation to a class or classes of persons holding temporary entry class visas, extend the visas by a period of up to 6 months from the date on which they would otherwise expire.
2: However, the Minister may not make a special direction under subsection (1) unless satisfied that doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
a: the outbreak of COVID-19; or
b: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
c: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects.
3: A visa extended under subsection (1) must, for all purposes, be treated as if it continues to be a current visa allowing a person to travel to New Zealand, apply for entry permission, and stay in New Zealand, until the earlier of the following events:
a: the visa’s cancellation:
b: the expiration of the period of the extension.
4: Subsection (1) 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.
5: A visa extension under subsection (1) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom the extension applies by reference to all or any of the following:
a: their nationality:
b: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
c: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
d: the type of visa concerned.
6: A special direction under subsection (1)—
a: must, along with an explanation of the effect of the special direction, be notified in the Gazette
b: is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
7: This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
12: Section 86 amended (Who must obtain transit visa)
After section 86(4)
4A: The Minister may, by special direction,—
a: waive, in any individual case, the requirement to hold a transit visa:
b: suspend, in any individual case, a transit visa waiver made by regulations referred to in subsection (2)﻿(a).
4B: However, the Minister may not make a special direction under subsection (4A) unless satisfied that doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
a: the outbreak of COVID-19; or
b: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
c: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects.
4C: This subsection and subsections (4A) and (4B) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
13: New section 113A inserted (Revocation of deemed entry permission)
After section 113
113A: Revocation of deemed entry permission
1: This section applies if a person’s entry permission is deemed to have been granted under regulations made under this Act.
2: An immigration officer may revoke the entry permission if permitted or required by, and only in accordance with, immigration instructions certified under section 22(1)﻿(b).
3: Subsection (2) applies despite anything in the regulations under which entry permission is deemed to have been granted or in any other provision of this Act.
4: If the person arrives at an immigration control area, entry permission may be revoked at any time before the person leaves the immigration control area.
5: If the person arrives in New Zealand other than at an immigration control area, entry permission may be revoked within 72 hours of the person first arriving in New Zealand.
6: A revocation under this section is made by entry on the records of the Department and takes effect immediately.
7: Without limiting the generality of section 22, immigration instructions certified under section 22(1)﻿(b) may provide for the revocation of entry permission that is deemed to have been granted under regulations made under this Act.
8: This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
14: Section 378 amended (Special directions)
1: Before section 378(2)﻿(a)
aaa: varying or cancelling conditions of resident visas in relation to any class of persons, in accordance with section 50(4A)
aab: imposing, varying, or cancelling conditions of temporary entry class visas in relation to any class of persons, in accordance with section 52(4A) or 53(4A)
aac: waiving 1 or more prescribed requirements for applying for a visa in relation to any class of persons, in accordance with section 57(3)
aad: granting, at any time and of the Minister’s own volition, visas of any type to any class of persons, in accordance with section 61A(2)
2: After section 378(2)﻿(b)
ba: extending temporary entry class visas in relation to any class of persons, in accordance with section 78A(1)
3: After section 378(2)
2A: This subsection and subsection (2)﻿(aaa) to (aad) and (ba) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
15: Section 380 amended (Delegation of Minister’s powers)
1: After section 380(1)﻿(c)
ca: the power to make a special direction under section 50(4A)
cb: the power to make a special direction under section 52(4A) or 53(4A)
cc: the power to make a special direction under section 57(3)
cd: the power to make a special direction under section 61A(2)
2: After section 380(1)﻿(d)
da: the power to make a special direction under section 78A(1)
3: After section 380(1)
1A: This subsection and subsection (1)﻿(ca) to (cd) and (da) are repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
16: New sections 401A and 401B inserted
After section 401
401A: Regulations relating to suspending ability to make applications for visas and expressions of interest
1: Without limiting the generality of section 400, regulations made under that section may suspend the ability of all persons, or of any class of persons, who are outside New Zealand to—
a: apply for a particular class or type of visa; or
b: submit an expression of interest in obtaining an invitation to apply for a particular class or type of visa.
2: Subsections (3) to (7) apply to regulations made for the purposes of subsection (1).
3: The regulations may—
a: provide for different periods of suspension for different classes of people and different classes and types of visa; and
b: 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: the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):
ii: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
iii: any other type of visa that they hold or have applied for:
iv: any other factor that is relevant to containing or mitigating the outbreak of COVID-19 or its effects; and
c: without limiting the generality of the manner in which classes or types of visa may be classified, classify classes or types of visa by reference to all or any of the following:
i: in the case of a temporary visa, the name and description of the visa as provided in the immigration instructions:
ii: whether an application for the visa is required by or under the regulations to be made online:
iii: any specific information or evidence that is required by the regulations or the immigration instructions to be provided in order for an application for the visa to be made.
4: The Minister must not recommend the making of the regulations unless satisfied that doing so is reasonably necessary to manage the effects, or deal with the consequences, of—
a: the outbreak of COVID-19; or
b: measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or
c: any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects.
5: A suspension may be for a period not exceeding 3 months specified in the regulations.
6: If the requirements of subsection (4) continue to be met, regulations may from time to time be made under section 400 that extend the period of a suspension already in force for a further period not exceeding 3 months.
7: An extension referred to in subsection (6) may only be made before the end of the period to be extended.
8: This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
401B: Provisions relating to regulations made for purposes of section 401A
1: If the making of an application for a class or type of visa by all persons or by any class of persons is suspended by regulations made for the purposes of section 401A
a: no person or, as the case may be, no person in the relevant class of persons may apply for a visa of that class or type; and
b: if a person purports to apply for a visa contrary to paragraph (a), the application is deemed not to have been made.
2: If the ability of all persons or of any class of persons to submit an expression of interest in relation to a class or type of visa is suspended by regulations made for the purposes of section 401A
a: no person or, as the case may be, no person in the relevant class of persons may submit an expression of interest in obtaining an invitation to apply for a visa of that class or type; and
b: if a person purports to submit an expression of interest in obtaining an invitation to apply for a visa contrary to paragraph (a), the expression of interest is deemed not to have been submitted.
3: To avoid doubt, no suspension provided for by regulations made for the purposes of section 401A
4: This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.
17: New Schedule 1AA inserted
Insert the Schedule 1AA set out in Schedule 1
2: Provisions of principal Act to be read as modified
18: New section 403B and cross-heading inserted
After section 403A Modifications of Act relating to COVID-19 outbreak
403B: Modifications of Act relating to COVID-19 outbreak
1: The provisions of this Act identified in Schedule 6
2: This section and Schedule 6
19: New Schedule 6 inserted
After Schedule 5 Schedule 2