Immigration Act 1987

1: Short Title and commencement
1: This Act may be cited as the Immigration Act 1987.
2: This Act shall come into force on a date to be fixed by the Governor-General by Order in Council. This Act was brought into force on 1 November 1987 regulation 2 Immigration Act Commencement Order 1987
2: Interpretation
1: In this Act, unless the context otherwise requires,— act of terrorism
a: any act that involves the taking of human life, or threatening to take human life, or the wilful or reckless endangering of human life, carried out for the purpose of furthering an ideological aim; or
b: any act involving any explosive or incendiary device causing or likely to cause the destruction of, or serious damage to, any premises, building, installation, vehicle, or property of a kind referred to in any of sections 298 to 304 subsection (3) of section 298, of the Crimes Act 1961
c: any act that constitutes, or that would, if committed in New Zealand, constitute, a crime against section 79
d: any act that constitutes, or that would, if committed in New Zealand, constitute, an offence against any of the provisions of the Aviation Crimes Act 1972 Crimes (Internationally Protected Persons and Hostages) Act 1980 or the Maritime Crimes Act 1999 section 7(1) section 8(1) or (2A) and includes the planning of any such act allow to undertake arrival hall section 12 Authority
a:
b: the Removal Review Authority referred to in section 49
c: the Refugee Status Appeals Authority referred to in section 129N Board section 18B carrier certificate of identity Gazette chief executive claim claimant section 129B conditions contiguous zone section 8A(2) course of study or training people entitled to free enrolment and education under section 3 craft crew Customs airport section 9 Customs controlled area section 2(1) Customs officer section 2(1) Customs place section 9 Customs port section 9 departure hall section 12 dependent child a child under 17 years of age who is not married or in a civil union and deportation order section 72 section 73 section 91 section 92 disembarkation domestic passenger
a: an aircraft that—
i: begins its journey outside New Zealand; and
ii: in the course of that journey, enters New Zealand and travels between at least 2 Customs airports in New Zealand; or
b: an aircraft that—
i: begins its journey at a Customs airport in New Zealand; and
ii: in the course of that journey, travels to at least 1 other Customs airport in New Zealand before leaving New Zealand domestic sector employment
a: representation on an official trade mission recognised by the Government of New Zealand:
b: employment as a sales representative in New Zealand of an overseas company for a period or periods not exceeding in the aggregate 3 months in any calendar year:
c: activity in New Zealand as an overseas buyer of New Zealand goods or services for a period or periods not exceeding in the aggregate 3 months in any calendar year:
d: official business in the service of the Government of any country, or of any inter-governmental or international organisation that is for the time being entitled to any privileges and immunities by or under the Diplomatic Privileges and Immunities Act 1968
e: business consultations or negotiations in New Zealand concerning the establishment, expansion, or winding up of any business enterprise in New Zealand or any matter relating thereto, for a period or periods not exceeding in the aggregate 3 months in any calendar year, by any person engaged in business overseas or by the directors, executives, or other authorised representatives of any overseas company or body with any person engaged in business in New Zealand, or with the directors, executives, or other authorised representatives of any company or body carrying on business in New Zealand, or with the Government of New Zealand or any of its agencies, or with any local authority or other public body:
f: study or training pursuant to a scholarship or other award recognised by the Minister, by notice in the Gazette epidemic management notice section 8(1) exclusive economic zone of New Zealand Territorial Sea and Exclusive Economic Zone Act 1977 execute
a: in relation to a removal order order section 59
b: in relation to a deportation order, means take the person to whom the order applies into custody and place that person on board a craft for the purpose of effecting that person's deportation from New Zealand, in accordance with section 85 section 86 section 87 section 108 section 109 section 110 exemption section 11 section 12 exempt Government residence policy section 13B holder to hold immigration officer
a: in every Part of this Act, means the Secretary of Labour and every other officer of the Department of Labour designated by the Secretary as an immigration officer under section 133
b: in Parts 1 6 sections 127 130 131 136 142 143
c: in Parts 1 6 sections 130 131 142 143
i: is in the service of the Government of another country; or
ii: acts as an agent for the Government of New Zealand for pre-clearance purposes,— and who is designated by the Secretary of Labour as an immigration officer, whether individually or by class or position imprisonment internal waters of New Zealand Territorial Sea and Exclusive Economic Zone Act 1977 internationally ticketed passenger tickets
a: began outside New Zealand; or
b: began inside New Zealand and is to continue outside New Zealand invitation to apply for residence section 13E(1) and (2) leave New Zealand Minister section 131 New Zealand
a: the internal waters of New Zealand; and
b: the Ross Dependency (including any ice shelf); and
c: for the purposes of sections 16(2)(a) 24(3) 27(3) 137(2)(a) ; and
d: for the purposes of section 137(2)(aa) New Zealand address
a: in relation to a permit holder, means the last known of the following addresses:
i: the address for the time being nominated by that holder under section 37
ii: where applicable, that person's New Zealand address within the meaning of paragraph (e):
b: in relation to a person who is subject to any residence requirement in accordance with section 98
i: the address at which the person has currently agreed to reside under that section:
ii: where applicable, that person's New Zealand address within the meaning of paragraph (e) or paragraph (f):
c: in relation to a person who is subject to any residence condition imposed in accordance with section 60(5) section 54 section 57 section 79 section 101
i: the current address specified under any of those sections:
ii: where applicable, that person's New Zealand address within the meaning of paragraph (e) or paragraph (f) or paragraph (h):
d: in relation to a person who is in custody pursuant to a warrant of commitment issued under this Act, means—
i: the place where that person is held in custody:
ii: where applicable, that person's New Zealand address within the meaning of paragraph (e):
e: in relation to a person under 17 years of age who is not married or in a civil union
i: where that person is named as a dependent child of another person named in the order, the New Zealand address of that other person:
ii: where a responsible adult has been determined or nominated under section 141B section 60 section 141B(6) section 60(6)
f: in relation to a person who has appealed to the Deportation Review Tribunal under section 22 section 104
i: the address supplied to the Tribunal under section 22(3) section 104(3)
ii: where applicable, that person's New Zealand address within the meaning of paragraph (e):
g: in relation to a person who has appealed to the Residence Review Board section 18C
i: the address supplied to the Board
ii: where applicable, that person's New Zealand address within the meaning of paragraph (e):
h: in relation to a person who has appealed to the Removal Review Authority under Part 2
i: the latest address supplied to the Authority under section 48 section 63A 63B
ii: where applicable, that person's New Zealand address within the meaning of paragraph (e) passenger passport permit person conducting the course of study or training
a:
b: in relation to any institution controlled by a Board of Trustees constituted under Part 9
c: in relation to any institution controlled by the chief executive of the Ministry of Education, means the chief executive
d: in relation to any university, or any college of education college of education
e: in any other case, means the institution, body, or person which or who is entitled to the fees payable by or on behalf of the persons undertaking the course, or which or who would be so entitled if any such fees were payable personal service person in charge pre-clearance pre-clearance flight section 35C Pre-cleared permit section 35B(1) Refugee Convention refugee status claimant section 129B refugee status officer section 129B registered post removal order section 54 Immigration Amendment Act 1991 returning resident's visa section 18 review proceedings
a: by way of an application for review under the Judicature Amendment Act 1972
b: by way of an application for certiorari, mandamus, or prohibition; or
c: by way of an application for a declaratory judgment special direction section 130(1) subsequent claim Part 6A section 129B territorial sea of New Zealand Territorial Sea and Exclusive Economic Zone Act 1977 transit passenger
a: arrives in New Zealand from another country while in transit to another overseas destination; and
b: throughout the whole period during which the person is in New Zealand, remains on board the craft, or in a Customs controlled area Tribunal section 103 visa section 14A section 14 visa officer
a: any immigration officer employed in the Department of Labour:
b: any—
i: head of mission or head of post (within the meaning of the Foreign Affairs
ii: other member of the staff (including locally engaged staff) of a New Zealand overseas mission or New Zealand overseas post who is authorised from time to time by the head of mission or head of post to exercise consular functions ; or
iii: other member of the staff (including locally engaged staff) of an overseas branch office of the Department of Labour,— who is designated by the Secretary of Labour as a visa officer, whether individually or by class or position:
c: any other person, including a person employed in the service of the Government of another country, who acts as an agent for the Government of New Zealand in the performance of consular functions, either pursuant to an agreement between the Government of another country and the Government of New Zealand or pursuant to a request by a visa officer employed in the service of the Government of New Zealand. Section 2(1) act of terrorism paragraph (d) amended 18 October 2002 section 78 Terrorism Suppression Act 2002 Section 2(1) act of terrorism paragraph (d) amended 22 June 2005 section 7 Terrorism Suppression Amendment Act 2005 by substituting section 8(1) or (2A) section 8(1) Section 2(1) arrival hall inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) Authority inserted 18 November 1991 section 2(1) Immigration Amendment Act 1991 Section 2(1) Authority substituted 1 October 1999 section 2(1) Immigration Amendment Act 1999 Section 2(1) Authority paragraph (a) repealed 9 September 2003 section 4(1) Immigration Amendment Act (No 2) 2003 Section 2(1) Board inserted 9 September 2003 section 4(2) Immigration Amendment Act (No 2) 2003 Section 2(1) boarding station substituted 21 March 1993 section 7(1) Air Facilitation Act 1993 Section 2(1) boarding station repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) Chief executive inserted 1 October 1999 section 2(2) Immigration Amendment Act 1999 Section 2(1) claim, and claimant inserted 1 October 1999 section 2(2) Immigration Amendment Act 1999 Section 2(1) contiguous zone inserted 18 June 2002 section 3 Immigration Amendment Act 2002 Section 2(1) course of study or training amended 1 January 1990 section 4(2)(a) Education Amendment Act 1989 Section 2(1) Customs airport substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) Customs controlled area inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) Customs officer repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) Customs place inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) Customs port inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) departure hall inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) dependent child amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) domestic passenger inserted 1 November 1994 section 11(1) Air Facilitation (Domestic Passengers and Cargo) Act 1994 Section 2(1) domestic sector inserted 21 March 1993 section 7(2) Air Facilitation Act 1993 Section 2(1) epidemic management notice inserted 19 December 2006 section 4 Immigration Amendment Act (No 2) 2006 Section 2(1) examination station substituted 21 March 1993 section 7(3) Air Facilitation Act 1993 Section 2(1) examination station repealed 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) execute amended 1 October 1999 section 2(3) Immigration Amendment Act 1999 Section 2(1) execute paragraph (a) amended 18 November 1991 section 2(2) Immigration Amendment Act 1991 Section 2(1) Government residence policy inserted 18 November 1991 section 2(3) Immigration Amendment Act 1991 Section 2(1) Immigration officer paragraph (b) substituted 18 November 1991 section 2(4) Immigration Amendment Act 1991 Section 2(1) Immigration officer substituted 15 September 1993 Immigration Amendment Act 1993 Section 2(1) internationally ticketed passenger inserted 21 March 1993 section 7(4) Air Facilitation Act 1993 Section 2(1) internationally ticketed passenger amended 1 November 1994 section 11(2) Air Facilitation (Domestic Passengers and Cargo) Act 1994 Section 2(1) invitation to apply for residence inserted 9 September 2003 section 4(3) Immigration Amendment Act (No 2) 2003 Section 2(1) New Zealand paragraph (c) amended 1 August 1996 Immigration Amendment Act 1996 Section 2(1) New Zealand paragraph (d) inserted 1 August 1996 Immigration Amendment Act 1996 Section 2(1) New Zealand address substituted 18 November 1991 section 2(5) Immigration Amendment Act 1991 Section 2(1) New Zealand address substituted 1 October 1999 section 2(4) Immigration Amendment Act 1999 Section 2(1) New Zealand address paragraph (e) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 2(1) New Zealand address paragraph (g) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 2(1) New Zealand address paragraph (g)(i) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 2(1) permit amended 15 September 1993 Immigration Amendment Act 1993 Section 2(1) permit substituted 1 October 1999 section 2(5) Immigration Amendment Act 1999 Section 2(1) person conducting the course of study or training paragraph (a) repealed 1 January 1990 section 4(2)(b) Education Amendment Act 1989 Section 2(1) person conducting the course of study or training paragraph (b) amended 1 January 1990 section 4(2)(c) Education Amendment Act 1989 Section 2(1) person conducting the course of study or training paragraph (c) amended 1 January 1990 section 4(2)(d) Education Amendment Act 1989 Section 2(1) person conducting the course of study or training the words “college of education” in paragraph (d) substituted for “teachers college” section 162(1)(b) Education Act 1989 Section 2(1) Port of entry omitted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) pre-clearance inserted 15 September 1993 Immigration Amendment Act 1993 Section 2(1) pre-clearance flight inserted 15 September 1993 Immigration Amendment Act 1993 Section 2(1) pre-cleared permit inserted 15 September 1993 Immigration Amendment Act 1993 Section 2(1) refugee status claimant inserted 1 October 1999 section 2(6) Immigration Amendment Act 1999 Section 2(1) refugee status officer inserted 1 October 1999 section 2(6) Immigration Amendment Act 1999 Section 2(1) registered post inserted 18 November 1991 section 2(6) Immigration Amendment Act 1991 Section 2(1) removal order inserted 18 November 1991 section 2(6) Immigration Amendment Act 1991 Section 2(1) removal order amended 1 October 1999 section 2(7) Immigration Amendment Act 1999 Section 2(1) removal warrant repealed 18 November 1991 section 2(7) Immigration Amendment Act 1991 Section 2(1) subsequent claim inserted 1 October 1999 section 2(8) Immigration Amendment Act 1999 Section 2(1) transit passenger inserted 18 November 1991 section 2(8) Immigration Amendment Act 1991 Section 2(1) transit passenger amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 2(1) visa substituted 18 November 1991 section 2(9) Immigration Amendment Act 1991 Section 2(1) visa officer paragraph (b) substituted 18 November 1991 section 2(10) Immigration Amendment Act 1991 Section 2(1) visa officer paragraph (b)(i) amended section 2(3) Foreign Affairs Amendment Act 1993 Section 2(1) visa officer paragraph (b)(ii) amended by inserting the expression ; or inserted 1 October 1999 section 2(9) Immigration Amendment Act 1999 Section 2(1) visa officer paragraph (b)(iii) inserted 1 October 1999 section 2(9) Immigration Amendment Act 1999
2: Every period of time prescribed by any of the provisions of this Act for the making of an application or the lodging of an appeal, not being an appeal to the High Court, shall be reckoned exclusive of any day, not being a Saturday or a Sunday, that is a public holiday or a Departmental
3: For the purposes of this Act a person shall be deemed not to leave New Zealand where that person, not being a person to whom section 128
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.
4: For the purposes of this Act, but subject to subsection (5) of this section, and, in the case of New Zealand, subject also to subsection (6) of this section, a person is deported from any country if that person leaves that country (whether or not at the expense of the Government of that country) while an order for that person's departure, made by the Government of that country or any authorised official of that country or any judicial authority within that country, is in force; and the term deportation
5: For the purposes of this Act, no person is deported from any country merely because that person is surrendered to another country in accordance with a request for the extradition of that person to that other country.
6: For the purposes of this Act, no person is deported from New Zealand merely because that person is removed from New Zealand.
7: For the purposes of this Act, a person is removed from New Zealand if that person leaves New Zealand (whether or not at the expense of the Government of New Zealand) while a removal order removal Section 2(2) amended 18 November 1991 section 2(11)(a) Immigration Amendment Act 1991 Section 2(7) amended 18 November 1991 section 2(11)(b) Immigration Amendment Act 1991
3: Rights of New Zealand citizens protected
1: For the purposes of this Act, every New Zealand citizen has, by virtue of that citizenship, the right to be in New Zealand at any time.
2: Nothing in this Act shall abrogate the right declared in subsection (1) of this section, and no provision of this Act that is inconsistent with that right shall apply to New Zealand citizens.
3: Without limiting the generality of subsection (2) of this section, no New Zealand citizen requires a permit under this Act to be in New Zealand, or to undertake employment in New Zealand or within the exclusive economic zone of New Zealand, or to undertake a course of study or training in New Zealand, and no such citizen is liable under this Act to removal or deportation from New Zealand in any circumstances.
1: Exemptions, visas, and permits
Basic rules
4: Requirement to hold permit, or exemption, to be in New Zealand
1: A person who is not a New Zealand citizen may be in New Zealand only if that person is—
a: the holder of a permit granted under this Act; or
b: exempt under this Act from the requirement to hold a permit.
2: Any person who is in New Zealand in contravention of subsection (1) of this section is deemed for the purposes of this Act to be in New Zealand unlawfully.
3: The fact that an application for a permit has been made by or for any person 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 permit pending determination of the application; or
d: inhibit removal procedures under this Act. Section 4(3) substituted 18 November 1991 section 3 Immigration Amendment Act 1991
4A: 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: Such a person is deemed, from the time of birth, to initially have the same immigration status as the most favourable immigration status of either of the person's parents at that time, as determined under subsection (4).
3: Where a person is deemed to initially have the immigration status of a parent,—
a: this Act applies to that person in the same way as if the person's immigration status had arisen under any relevant provision of this Act other than this section; and
b: that status continues until either—
i: the person leaves New Zealand; or
ii: the person is accorded a different status under, or by the operation of, this Act.
4: For the purposes of subsection (2), the person's immigration status is to be determined as follows:
a: where both parents are recorded on the person's original birth record, whichever of the following is applicable and attaches first in the following order:
i: where both parents were at the time of the birth exempt from the requirement to hold a permit, the person is deemed to be exempt from the requirement to hold a permit on the same basis as, and for the duration of the unexpired period of, the parent with the exemption having the longest unexpired period:
ii: where 1 parent only was exempt from the requirement to hold a permit, the person is deemed to be exempt from the requirement to hold a permit on the same basis as, and for the duration of the unexpired period of, that parent's exemption:
iii: where both parents held any type of temporary permit, the person is deemed to hold a visitor's permit of the duration of the unexpired period of the permit of the parent whose temporary permit has the longest unexpired period:
iv: where 1 parent only held any type of temporary permit, the person is deemed to hold a visitor's permit of the duration of the unexpired period of that parent's temporary permit:
v: where both parents held limited purpose permits, the person is deemed to hold a limited purpose permit of the duration of the unexpired period of the permit of the parent whose limited purpose permit has the longest unexpired period:
vi: where 1 parent only held a limited purpose permit, the person is deemed to hold a limited purpose permit of the duration of the unexpired period of that parent's limited purpose permit:
vii: where 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: where 1 parent only is recorded on the person's original birth record, whichever of the following is applicable:
i: where the parent was at the time of the birth exempt from the requirement to hold a permit, the person is deemed to be exempt from the requirement to hold a permit on the same basis as, and for the duration of the unexpired portion of, the parent's exemption:
ii: where the parent held a temporary permit, the person is deemed to hold a visitor's permit of the duration of the unexpired period of the parent's temporary permit:
iii: where the parent held a limited purpose permit, the person is deemed to hold a limited purpose permit of the duration of the unexpired period of the parent's limited purpose permit:
iv: where 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. Section 4A inserted 21 April 2005 section 16 Citizenship Amendment Act 2005
5: Requirements for undertaking employment in New Zealand
1: A person who is not a New Zealand citizen may undertake employment in New Zealand only if that person is—
a: the holder of a residence permit; or
b: the holder of a work permit; or
c: the holder of any other type of temporary permit whose conditions have been varied in accordance with this Act to authorise the holder to undertake employment in New Zealand or within the exclusive economic zone of New Zealand; or
ca: the holder of a limited purpose permit granted for purposes of employment; or
d: exempt under this Act from the requirement to hold a permit.
2: For the purposes of this section and of sections 39 44(5)(a)
a: on or in relation to any artificial island, installation, or structure anywhere within the territorial sea of New Zealand; or
b: on or in relation to any artificial island, installation, or structure anywhere within the exclusive economic zone of New Zealand or on or above the continental shelf of New Zealand, being an artificial island, installation, or structure—
i: described in section 7
ii: to which any regulations made under section 27(c)
c: on board any craft that is registered in New Zealand under any Act and is engaged in activities anywhere within the territorial sea of New Zealand or the exclusive economic zone of New Zealand or on or above the continental shelf of New Zealand. Section (1)(ca) inserted 1 October 1999 section 3 Immigration Amendment Act 1999
6: Requirements for undertaking course of study or training in New Zealand
1: A person who is not a New Zealand citizen may undertake a course of study or training in New Zealand only if that person is—
a: the holder of a residence permit; or
b: the holder of a student permit; or
c: the holder of any other type of temporary permit whose conditions have been varied in accordance with this Act to authorise the holder to undertake a course of study or training in New Zealand; or
ca: the holder of a limited purpose permit granted for purposes of study or training; or
d: exempt under this Act from the requirement to hold a permit; or
e:
2: Section 6(1)(ca) inserted 1 October 1999 section 4 Immigration Amendment Act 1999 Section 6(1)(e) repealed 1 January 1990 section 4(3) Education Amendment Act 1989 Section 6(2) repealed 1 January 1990 section 4(3) Education Amendment Act 1989
7: Certain persons not eligible for exemption or permit
1: Subject to subsection (3) of this section, no exemption shall apply, and no permit shall be granted, to any person—
a: who, at any time (whether before or after the commencement of this Act), has been convicted of any offence for which that 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 within the preceding 10 years (whether before or after the commencement of this Act), has been convicted of any offence for which that 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: against whom a removal order
d: who has been deported—
i: from New Zealand, at any time, under this Act; or
ii:
iii: from New Zealand at any time, pursuant to an order for deportation made under section 22 of the Immigration Act 1964
iv: from New Zealand, at any time (whether before or after the commencement of this Act), pursuant to any other enactment, except section 158 of the Shipping and Seamen Act 1952 section 151(1)
v: from any other country, at any time (whether before or after the commencement of this Act);or
e: who the Minister has reason to believe—
i: has engaged in, or claimed responsibility for, an act of terrorism in New Zealand; or
ii: is a member of or adheres to any organisation or group of people that has engaged in, or has claimed responsibility for, an act of terrorism in New Zealand; or
f: who the Minister has reason to believe—
i: has engaged in, or claimed responsibility for, an act of terrorism outside New Zealand; or
ii: is a member of or adheres to any organisation or group of people that has engaged in, or has claimed responsibility for, an act of terrorism outside New Zealand— and whose presence in New Zealand would, for that reason or for any other reason, constitute, in the opinion of the Minister, a threat to public safety; or
g: who the Minister has reason to believe is likely—
i: to engage in, or facilitate the commission of, any act of terrorism; or
ii: to commit an offence against the Crimes Act 1961 Misuse of Drugs Act 1975 ; or
h: who the Minister has reason to believe, in light of any international circumstances, is likely to constitute a danger to the security or public order of New Zealand; or
i: who the Minister has reason to believe is a member of or adheres to any organisation or group of people which has criminal objectives or which has engaged in criminal activities, and whose presence in New Zealand would, for that reason or any other reason, constitute, in the opinion of the Minister, a threat to the public interest or public order.
2: Paragraphs (a) and (b) of subsection (1) of this section 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: Notwithstanding subsection (1) of this section,—
a: a permit may be granted to any person—
i: who is entitled to a permit under section 18
ii: in accordance with a special direction; or
iia: if it is granted for the sole purpose of enabling that person—
A: to be in New Zealand for the purposes of giving or providing evidence or assistance pursuant to a request made pursuant to section 12
B: to be transported through New Zealand pursuant to section 42
iii: if it is granted for the sole purpose of enabling that person to return to New Zealand to face any charge in New Zealand or to serve any sentence imposed on that person in New Zealand; and
b: any exemption under section 11(1)(a)
4: Nothing in subsection (3) of this section gives any person a right to apply for any type of permit or for a special direction, and where any person purports to apply for a permit or a special direction under this section—
a: the Minister or appropriate immigration officer is under no obligation to consider the application; and
b: whether the application is considered or not,—
i: the Minister or officer is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and
ii: section 36 section 23 Section 7(1)(c) amended 18 November 1991 section 4(1) Immigration Amendment Act 1991 Section 7(1)(d)(ii) repealed 1 October 1999 section 5 Immigration Amendment Act 1999 Section 7(1)(d)(iii) substituted 1 October 1999 section 5 Immigration Amendment Act 1999 Section 7(1)(g)(ii) amended 18 November 1991 by inserting ; or section 4(2) Immigration Amendment Act 1991 Section 7(1)(h) inserted section 4(2) Immigration Amendment Act 1991 Section 7(1)(i) inserted section 4(2) Immigration Amendment Act 1991 Section 7(3)(a)(iia) inserted 1 April 1993 Immigration Amendment Act 1992 Section 7(4) inserted 18 November 1991 section 4(3) Immigration Amendment Act 1991
8: Grant of residence permit a matter of discretion
1: Except as provided in sections 18 18E and 52
a: no person is entitled to a residence permit as of right; and
b: any question whether or not—
i: to grant a residence permit to any person; or
ii: to impose any requirement on the holder of a residence permit in accordance with section 18A is a matter for the discretion of the Minister or, subject to any special direction given under this Act and to section 13C
2: Subject to section 18C
3: Nothing in subsection (2) of this section limits or affects the right of any person to bring review proceedings. Section 8 substituted 18 November 1991 section 5 Immigration Amendment Act 1991 Section 8(1) amended 1 October 1999 section 6 Immigration Amendment Act 1999
9: Grant of temporary permit a matter of discretion
1: Except as provided in section 23(2) section 52 section 127(1)
a: no person is entitled as of right to a temporary permit; and
b: any question whether or not—
i: to grant a temporary permit to any person and (if so) for what period; or
ii: to impose any condition on a temporary permit (other than a condition imposed by section 27(1)
iii: to vary or cancel any condition of a temporary permit; or
iv: to revoke any temporary permit— is a matter for the discretion of the Minister or, subject to any special direction given under this Act, the appropriate immigration officer.
2: No appeal shall lie against the decision of the Minister or immigration officer on any such question, whether to any Court or to the Tribunal or to the Minister or otherwise.
3: Nothing in subsection (2) of this section limits or affects the right of any person to bring review proceedings. Section 9 substituted 18 November 1991 section 5 Immigration Amendment Act 1991 Section 9(1) amended 1 October 1999 section 7 Immigration Amendment Act 1999
9A: Grant of limited purpose permit a matter of discretion
1: No person is entitled as of right to a limited purpose permit, and any question whether or not—
a: to grant a limited purpose permit to any person and (if so) for what purpose and for what period; or
b: to impose any condition on a limited purpose permit (other than a condition imposed by section 27(1)
c: to vary or cancel any condition of a limited purpose permit; or
d: to revoke any limited purpose permit— is a matter for the discretion of the Minister or the appropriate immigration officer, subject to any special direction given under this Act.
2: No appeal lies against the decision of the Minister or immigration officer on any such question, whether to any court or to the Tribunal or to the Minister or otherwise.
3: Nothing in subsection (2) limits or affects the right of any person to bring review proceedings. Section 9A inserted 1 October 1999 section 8 Immigration Amendment Act 1999
10: Grant of visa a matter of discretion
1: Except as provided in section 14C(2)
a: no person is entitled to a visa as of right; and
b: the question whether or not to issue a visa to any person is a matter for—
i: the discretion of the Minister; or
ii: subject to any special direction given under this Act, and also to sections 13C 18E(1) and section 14DA(2)
2: Subject to section 18C
3: No review proceedings may be brought in any court in respect of—
a: any refusal or failure to issue a visa, except a refusal or failure to issue a returning resident's visa on application made under section 14C(1)
b: any decision by the Residence Review Board in relation to a refusal or failure to issue a visa. Section 10 substituted 18 November 1991 section 5 Immigration Amendment Act 1991 Section 10(1)(b)(ii) amended 1 October 1999 section 9 Immigration Amendment Act 1999 Section 10(3) substituted 9 September 2003 section 5 Immigration Amendment Act (No 2) 2003
10A: Issue of invitation to apply for residence a matter of discretion
1: No person is entitled as of right to an invitation to apply for residence.
2: The question whether or not 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 given under this Act, the appropriate visa officer or immigration officer.
3: No appeal lies against the decision of the Minister or visa officer or immigration officer on any such question, whether to any court or to the Board or to the Minister or otherwise.
4: No review proceedings may be brought in respect of any refusal or failure of the Minister or a visa officer or an immigration officer to issue an invitation to apply for residence or to revoke such an invitation once issued.
5: A decision by the Minister or a visa officer or an immigration officer to refuse to issue an invitation to a person to apply for residence, or to revoke an invitation once issued, is not to be treated as a refusal to grant an application for a residence visa or a residence permit for the purposes of section 18C
6: To avoid doubt, the discretion referred to in subsection (2) includes—
a: use by the Minister or visa officer or immigration officer of an automated electronic system that applies criteria predetermined by Government residence policy; and
b: adoption of any result of that process for issuing or in determining whether or not to issue an invitation to apply for residence. Section 10A inserted 9 September 2003 section 6 Immigration Amendment Act (No 2) 2003 Exemptions
11: Certain persons temporarily exempt from requirement to hold permit
1: The following persons are exempt from the requirement to hold a permit:
a: a person who is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 , other than a person referred to in section 10D(2)(d) Consular Privileges and Immunities Act 1971
b: a member of a visiting force, a member of its civilian component, or a dependant, or a member of the crew of any craft used to transport them to New Zealand, while—
i: members of that force are in New Zealand at the request or with the consent of the Government of New Zealand; and
ii: that member's presence in New Zealand is in the ordinary course of that member's duty or employment, or that person is in New Zealand as a member of the civilian component or as a dependant of that force:.
c: a member of the crew of, or a passenger on, any seagoing craft carrying passengers or cargo or both in the ordinary course of the business of the craft and plying between any foreign place and New Zealand, from the time when the craft arrives at a Customs place
i: the time when it is given clearance to leave its last Customs place
ii: the expiry of the period of 28 days commencing with the day on which it arrives at its first Customs place whichever first occurs:
d: a member of the crew of, or a passenger on, any foreign fishing craft licensed, or sought to be licensed, under section 15 Customs place
i: where the licence is or has been granted, the expiration of 7 days after the date on which the licence expires:
ii: where a licence is refused or is not granted, the expiration of 7 days after the date on which the craft first arrived at the Customs place
e: a member of the crew of any commercial aircraft flying between any foreign place and New Zealand, for the period of 7 days commencing with the day on which the aircraft arrives in New Zealand:
f: a member of, or a person associated with, any scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty within the meaning of the Antarctica Act 1960 section 5
g: a member of the crew of, or any passenger on, any ship in respect of which the Minister of Transport has, pursuant to section 198(2) Customs place
2: Subsection (1)(c) of this section does not apply to any person on board any craft that comes to New Zealand for the purposes of fishing or research within the exclusive economic zone of New Zealand, or that plies between New Zealand and any offshore installation within that zone.
3: Notwithstanding any other provision of this Act, no person who is for the time being exempt by virtue of subsection (1)(a) of this section is liable under this Act to deportation from New Zealand in any circumstances.
4: Terms used in subsection (1)(b) and defined in section 4 Section 11(1)(a) amended 2 March 2004 section 7 Diplomatic Privileges and Immunities Amendment Act 2004 Section 11(1)(b) substituted 1 July 2004 section 26 Visiting Forces Act 2004 Section 11(1)(c) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 11(1)(d) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 11(1)(g) inserted 1 February 1995 section 203 Maritime Transport Act 1994 Section 11(1)(g) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 11(4) inserted 1 July 2004 section 26 Visiting Forces Act 2004
12: Persons may be exempted from requirement to hold permit by regulations or special direction
1: Subject to section 7 section 150
2: The Minister may from time to time, by special direction, exempt any person (including a person to whom any of the provisions of section 7
3: The Minister may from time to time, by special direction, direct that any regulations made pursuant to subsection (1) of this section shall not apply to a particular person.
4: Nothing in this section gives any person a right to apply for any exemption or special direction, and where any person purports to apply to the Minister under this section,—
a: the Minister is under no obligation to consider the application; and
b: whether the Minister considers the application or not,—
i: the Minister is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and
ii: section 36 section 23 Section 12(4) inserted 18 November 1991 section 6 Immigration Amendment Act 1991
13: Person ceasing to be exempt
1: Where any person who is exempt under this Act from the requirement to hold a permit ceases while in New Zealand to be so exempt, that person shall thereupon be deemed for the purposes of this Act to be in New Zealand unlawfully, unless a permit is granted to that person on an application made under subsection (2) of this section.
2: Any person who is exempt under this Act from the requirement to hold a permit may, in anticipation of ceasing while in New Zealand to be so exempt, apply in the prescribed manner for a permit.
3: If a permit is granted on an application under this section, it shall come into force on the day on which the applicant for the permit ceases to be exempt under this Act from the requirement to hold a permit. Policy Section 13A heading inserted 18 November 1991 section 7 Immigration Amendment Act 1991
13A: Government immigration policy generally
1: The Minister shall from time to time publish the policy of the Government relating to the rules and criteria under which eligibility for the issue or grant of visas and permits is to be determined.
2: Publication for the purposes of this section shall include, but is not restricted to, the insertion of that policy in the departmental manual of immigration instructions and the making available of that manual to the public, and the Minister shall ensure that copies of the manual are available or readily obtainable for inspection, free of charge, at—
a: offices of the Department of Labour; and
b: New Zealand government offices overseas— that deal with immigration matters.
3: Nothing in subsection (2) of this section requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982 Section 13A inserted 18 November 1991 section 7 Immigration Amendment Act 1991
13B: Government residence policy
1: For the purposes of this Act, the term Government residence policy
a: is of a kind referred to in subsection (3) of this section
b: has been reduced to writing and certified by the Minister as Government residence policy in that written form,— and any such policy shall take effect from such date as may be specified in that behalf in the certified policy (which date may not be earlier than the date on which the Minister certifies the policy).
1A: To avoid doubt, any policy of the Government that relates to the issuing of any type of temporary visa or limited purpose visa or the granting of any type of temporary permit or limited purpose permit is not Government residence policy, regardless of whether the issuing of the visa or the granting of the permit may affect eligibility for or otherwise relate to the issuing of a residence visa or the granting of a residence permit.
2: Where the Minister has certified any policy as Government residence policy, that policy shall be inserted forthwith in the departmental manual of immigration instructions, whether by way of amendment to the existing manual or by way of separate circular.
3: The kinds of policy that may constitute Government residence policy for the purposes of this Act are as follows:
a: any general or specific objectives of Government residence policy:
b: any rules or criteria for determining the eligibility of a person for the issue of a residence visa or the grant of a residence permit, being rules or criteria relating to the circumstances of that person:
ba: any indicators, attributes, or other relevant information or matters that may or must be taken into account in assessing a person's eligibility:
c: any statement of, or rules or criteria for determining, the number or categories or ranking of persons or classes of persons whose applications for residence visas or residence permits may be granted at any particular time or over any particular period:
d: any matters relevant to balancing individual eligibility against the overall objectives or requirements of Government residence policy:
e: any requirements relating to documentation or other evidence or information required to assess a person's eligibility:
f: any statement of the requirements or types of requirements that may be imposed under section 18A(2)
3A: Any rules or criteria under subsection (3)(b) may, in respect of any 1 or more specified classes or categories of person who wish to apply for a residence visa or a residence permit,—
a: include a requirement that persons of that class or category may so apply only if invited to do so by the Minister or a visa officer or an immigration officer:
b: set or indicate rules, criteria, or other relevant matters of the kinds specified in subsection (3)(a) to (e) that will or may apply for the purpose of determining whether or not an invitation to apply for residence should be issued to any such person:
c: stipulate any period for which an expression of interest will remain current:
d: 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 residence.
4: Any requirements referred to in subsection (3)(f) of this section—
a: shall be only such requirements as may be appropriate to ensure that the aims of Government residence policy are not prejudiced or nullified by subsequent actions or omissions of residence permit holders; and
b: shall specify the maximum period for which they may be imposed, which maximum period shall in no case exceed 5 years.
5: For the purposes of this Act, no person who is a person to whom section 7(1) Section 13B inserted 18 November 1991 section 7 Immigration Amendment Act 1991 Section 13B(1A) inserted 2 July 2003 section 3 Immigration Amendment Act 2003 Section 13B(3)(a) substituted 9 September 2003 section 7(1) Immigration Amendment Act (No 2) 2003 Section 13B(3)(b) substituted 9 September 2003 section 7(1) Immigration Amendment Act (No 2) 2003 Section 13B(3)(ba) inserted 9 September 2003 section 7(1) Immigration Amendment Act (No 2) 2003 Section 13B(3A) inserted 9 September 2003 section 7(2) Immigration Amendment Act (No 2) 2003
13BA: Chief executive may give general instructions as to order and manner of processing applications for visas and permits
1: The order and manner of processing any application for a visa or permit is a matter for the discretion of a visa officer or immigration officer.
2: The chief executive may, from time to time, give general instructions to visa officers and immigration officers as to the order and manner of processing any application for a visa or permit.
3: In giving any such general instructions, the chief executive may have regard to such matters as the chief executive thinks fit.
4: Unless otherwise expressed by the chief executive, any general instructions as to the order and manner of processing applications, as given by the chief executive from time to time under this section, may apply to any or all applications for visas or permits regardless of the fact that—
a: the general instructions may be different from those existing at the time that the applications were made; or
b: the general instructions may result in applications being processed in a different order or manner than would, otherwise have occurred; or
c: any application may have been made before the commencement of the Immigration Amendment Act 2003
5: The general instructions, as given by the chief executive from time to time, are matters of departmental rules and practice, and do not form part of Government immigration policy under section 13A section 13B
6: Nothing in this Act, or in any other law or enactment, requires a visa officer or an immigration officer to process an application for a visa or permit in any particular order or manner, whether or not consistent with any general instructions given by the chief executive from time to time.
7: The question whether or not an application is processed in an order and manner consistent with any general instructions given by the chief executive from time to time is a matter for the discretion of a visa officer or immigration officer, and
a: no appeal lies against the decision of the officer concerned, whether to an Authority, the Board,
b: no review proceedings may be brought in any court in respect of—
i: any general instructions as to the order and manner of processing applications as given by the chief executive from time to time; or
ii: the application of any such general instructions; or
iii: any failure by the Minister or a visa officer or immigration officer to process or to continue to process an application for a visa or a permit; or
iv: any decision by the Minister or a visa officer or 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 for a visa or permit. Section 13BA inserted 2 July 2003 section 4 Immigration Amendment Act 2003 Section 13BA(7)(a) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
13BB: Lapsing of applications for visas and permits
1: The Minister must, from time to time, publish in accordance with section 13A(2)
a: within any stipulated period or by any stipulated date; or
b: by the date on which any relevant quota or limit set under Government immigration policy or Government residence policy 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 published 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 or not an application meets any rules or criteria for lapsing published under this section is a matter for the discretion of an immigration officer or a visa officer, and—
a: no appeal lies against the decision of the officer concerned, or the lapsing of the application, whether to the Board, an Authority, the Tribunal, the Minister, any 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 published under this section; or
ii: the lapsing of an expression of interest in obtaining an invitation to apply for residence.
4: Any decision to lapse an application for a residence visa or a residence permit must be made in accordance with the rules and criteria applicable at the time the application was made.
5: The effect of lapsing an application is that no further processing or decision in respect of that application is required.
6: Where any application is lapsed in accordance with rules and criteria published 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 visa officer or immigration officer any costs associated with the application, other than the application fee refundable under subsection (6).
8: Subsection (4) overrides section 13C
9: In this section (except subsection (6)), application includes an expression of interest under section 13D Section 13BB inserted 9 September 2003 section 8 Immigration Amendment Act (No 2) 2003
13C: Immigration officers to comply with Government residence policy
1: Where a visa officer or an immigration officer or, subject to subsection (2) of this section, the Minister makes any decision in relation to an application for a residence visa or a residence permit under this Act, that decision shall be made in terms of the Government residence policy that was applicable at the time the application was made and any discretion exercised shall be in terms of that policy.
2: Nothing in subsection (1) of this section prevents the Minister from making any decision to issue a residence visa or grant a residence permit as an exception to Government residence policy in any particular case. Section 13C inserted 18 November 1991 section 7 Immigration Amendment Act 1991 Residence by invitation Section 13D heading inserted 9 September 2003 section 9 Immigration Amendment Act (No 2) 2003
13D: Expressions of interest in residence
1: A person who, by virtue of rules or criteria set under section 13B(3A)
2: 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, and the Minister or visa officer 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 or not to issue an invitation to apply for residence on the basis of the information, evidence, and submissions provided.
3: Nothing in subsection (2) prevents the Minister or visa officer 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. Section 13D inserted 9 September 2003 section 9 Immigration Amendment Act (No 2) 2003
13E: Invitation to apply for residence
1: An invitation to apply for residence is a statement by or on behalf of the Minister or a visa officer 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 residence visa or a residence permit (whichever is appropriate).
2: No person may apply for a residence visa or residence permit without such an invitation if the person is of a class or category of person that, by virtue of rules or criteria set under section 13B(3A)
3: If such an invitation is required by Government residence policy for the person to be able to apply for the residence visa or residence permit, 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 rules or criteria or other matters of a kind referred to in section 13B(3A) section 13D
5: In ranking expressions of interest, and in issuing or in determining whether or not to issue an invitation to apply for residence, the Minister or a visa officer or immigration officer may—
a: use an automated electronic system that applies criteria predetermined in accordance with Government residence policy; and
b: apply any result of that process as an adequate basis for decision.
6: An invitation to apply for residence may at any time be revoked by the Minister or a visa officer or an immigration officer. A revocation takes immediate effect.
7: Section 13C
8: In a case where Government residence policy relating to residence by invitation changes between the date of issue of an invitation to apply for residence and the date on which a person's application for a residence visa or a residence permit is made in response to that invitation, the decision on that application must be made in terms of the Government residence policy applicable at the time the application was made (and not at the time the invitation was issued), and any discretion exercised must be in terms of that policy. Section 13E inserted 9 September 2003 section 9 Immigration Amendment Act (No 2) 2003 Visas
14: Types of visa
The following types of visa may be issued under this Act:
a: residence visas:
b: returning residents' visas:
c: temporary visas (including visitors' visas, work visas, and student visas):
ca: limited purpose visas:
d: transit visas. Section 14 substituted 18 November 1991 section 8 Immigration Amendment Act 1991 Section 14(1)(ca) inserted 1 October 1999 section 10 Immigration Amendment Act 1999
14A: Meaning and effect of visa
1: For the purposes of this Act, a visa is an endorsement by a visa officer in a passport or certificate of identity, or, in the case of a visa issued electronically, an entry made and retained in the records of the Department of Labour in accordance with section 35AB
a: be granted a residence permit, where the visa is a residence visa; or
b: be entitled to the grant of another residence permit, where the visa is a returning resident's visa; or
c: be granted a temporary permit, where the visa is a temporary visa; or
ca: be granted a limited purpose permit, where the visa is a limited purpose visa; or
d: be allowed to come to New Zealand as a transit passenger for a period of up to 24 hours, where the visa is a transit visa.
2: A visa is not, nor does it have the effect of, a permit.
3: Except in the case of a returning resident's visa issued for the purposes of section 18
a: does not entitle the holder to a permit as of right; and
b: does not fetter in any way any discretion conferred on the Minister or any immigration officer by any of the provisions of this Act.
4: Notwithstanding anything in subsection (1) of this section, where a visa is not granted electronically in accordance with section 35AB Section 14A inserted 18 November 1991 section 8 Immigration Amendment Act 1991 Section 14A(1) amended 1 October 1999 section 11(1) Immigration Amendment Act 1999 Section 14A(1)(ca) inserted 1 October 1999 section 11(2) Immigration Amendment Act 1999 Section 14A(4) amended 1 October 1999 section 11(3) Immigration Amendment Act 1999
14B: Residence visas
1: Every person who—
a: is outside New Zealand; and
b: wishes to come to New Zealand and be granted a residence permit; and
c: will not be exempt under this Act from the requirement to hold a permit,— shall, before proceeding to New Zealand, apply in the prescribed manner for, and obtain, a residence visa, unless the person is exempt from this requirement by virtue of any regulations or any special direction made under this Act.
1A: Despite subsection (1),—
a: no person who is of a class or category of person that, by virtue of rules or criteria set under section 13B(3A)
b: no person may apply for a residence visa in response to an invitation to apply for residence if the application is not made within any relevant time frame stipulated by or under rules or criteria set under section 13B(3A)(d)
2: No application for a residence visa that is received by a visa officer shall be referred to the Minister for decision at first instance unless the Minister gives a special direction to that effect.
3: It is the responsibility of the applicant 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, and the Minister or visa 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.
4: Nothing in subsection (3) of this section prevents the Minister or visa officer from taking into account when determining the application any information, evidence, or submissions provided by the applicant at any time before the decision on the application is made.
5: Every residence visa issued shall be 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 within that period or before that date.
6: A residence visa may specify any requirements that are to be imposed under section 18A
7: A person who holds a residence visa and who arrives in New Zealand during the currency of that visa may apply under section 17(1) Section 14B inserted 18 November 1991 section 8 Immigration Amendment Act 1991 Section 14B(1A) inserted 9 September 2003 section 10 Immigration Amendment Act (No 2) 2003
14C: Returning residents' visas
1: The holder of a residence permit who intends to leave New Zealand temporarily may, before leaving, apply in the prescribed manner for a returning resident's visa.
2: A visa officer shall, on being satisfied that an applicant under subsection (1) of this section is the holder of a residence permit, issue to that person a returning resident's visa.
3: Every returning resident's visa shall be 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 within that period or before that date.
4: A person who holds a returning resident's visa and who returns to New Zealand during the currency of that visa is entitled, upon application under section 18
5: If, during the currency of a returning resident's visa, the holder's residence permit is revoked, or the holder is deported from New Zealand, the visa shall be deemed to be cancelled, and an immigration officer or visa officer may endorse it accordingly.
6: Nothing in this section prevents a visa officer from issuing a returning resident's visa to any person in any other circumstances. Section 14C inserted 18 November 1991 section 8 Immigration Amendment Act 1991
14D: Temporary visas
1: Every person who—
a: is outside New Zealand; and
b: wishes to come to New Zealand for any purpose for which a temporary permit may be granted; and
c: will not be exempt under this Act from the requirement to hold a permit,— shall, before proceeding to New Zealand, apply in the prescribed manner for, and obtain, a temporary visa, unless that person is exempt from this requirement by virtue of any special direction or any regulations made under this Act.
2: Every temporary visa issued shall be 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 within that period or before that date.
3: A person who holds a temporary visa and who arrives in New Zealand during the currency of that visa may apply under section 25
4: Nothing in this section—
a: requires a person to apply for a temporary visa if that person instead applies for a limited purpose visa:
b: prevents a visa officer from issuing a limited purpose visa, to a person who has applied for a temporary visa, if the circumstances specified in section 14DA(2)
5: It may be a precondition to the issue of a temporary visa that a bond be paid in accordance with section 148B
6: In the case of a bond of a kind that is intended to manage the risk of an applicant remaining in New Zealand beyond the expiry of his or her permit, the relevant visa officer or immigration officer may impose such a bond if, and only if,—
a: the officer identifies such a risk in the particular case; and
b: the officer considers that the imposition of the bond is necessary in the particular case to manage that risk. Section 14D inserted 18 November 1991 section 8 Immigration Amendment Act 1991 Section 14D(4) inserted 1 October 1999 section 12 Immigration Amendment Act 1999 Section 14D(5) inserted 1 October 1999 section 12 Immigration Amendment Act 1999 Section 14D(6) inserted 1 October 1999 section 12 Immigration Amendment Act 1999
14DA: Limited purpose visas
1: If a person who is outside New Zealand applies in the prescribed manner for a limited purpose visa, a visa officer may issue a limited purpose visa if the person—
a: wishes to come to New Zealand for an express purpose; and
b: will not be exempt from the requirement to hold a permit to be in New Zealand.
2: If a person who is outside New Zealand applies in the prescribed manner for a temporary visa (rather than a limited purpose visa), a visa officer may issue a limited purpose visa rather than the temporary visa applied for if, and only if,—
a: the person is of a kind described by subsection (1)(a) and (b): and
b: the visa officer identifies a risk in the particular case that the person will remain in New Zealand beyond the expiry of his or her permit; and
c: the visa officer considers that the issue of a limited purpose visa rather than a temporary visa is necessary in the particular case to manage that risk.
3: A holder of a limited purpose visa who arrives in New Zealand during the currency of that visa may on arrival apply only for a limited purpose permit.
4: It may be a precondition to the issue of a limited purpose visa that a bond be paid in accordance with section 148B Section 14DA inserted 1 October 1999 section 13 Immigration Amendment Act 1999
14E: Transit visas
1: Subject to any special direction, any person outside New Zealand who—
a: is classified by regulations made under this Act, or by a special direction of the Minister made in accordance with this section, as a person of a type who requires a transit visa; and
b: is seeking to be in New Zealand only as a transit passenger for a period not exceeding 24 hours,— shall, before proceeding to New Zealand, apply in the prescribed manner for, and obtain, a transit visa.
2: Any regulations classifying persons as persons who require transit visas for the purposes of this section—
a: may, without limiting the generality of the manner in which persons may be classified, classify persons by reference to—
i: their nationality; or
ii: the country or place from which they are travelling (whether it be their original or an intermediate point of departure); or
iii: their immediate or ultimate destination after transiting through New Zealand; or
iv: whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued; or
v: any combination of the above factors:
b: expire at the expiry of 3 calendar years from the date on which they were made, unless sooner revoked.
2A: Nothing in subsection (2) prevents regulations being made under subsection (1) that replicate in whole or in part regulations that have expired.
2B: Any special direction classifying persons as persons who require transit visas for the purpose of this section—
a: must be published in the Gazette
b: expires at the end of the period of 3 months following the day on which the special direction was made, unless sooner cancelled by the Minister by a further special direction, or by regulations:
c: is to be treated for the purposes of the Regulations (Disallowance) Act 1989 Acts and Regulations Publication Act 1989
2C: Subsection (2)(a) applies to any special direction under this section as if it were a regulation.
2D: A special direction under this section may not be effectively continued in force by the making of a further special direction to the same or similar effect.
3: Every transit visa issued shall be 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 within that period or before that date.
4: Nothing in this Act requires the holder of a transit visa to apply for or hold a permit if the person remains on the craft, or in a Customs controlled area
5: The holder of a transit visa is not entitled to apply under this Act for any type of permit, and where any such person purports to apply for a permit that application may be refused and section 128 Section 14E inserted 18 November 1991 section 8 Immigration Amendment Act 1991 Section 14E(1)(a) substituted 1 October 1999 section 14(1) Immigration Amendment Act 1999 Section 14E(2)(b) substituted 1 October 1999 section 14(2) Immigration Amendment Act 1999 Section 14E(2A) inserted 1 October 1999 section 14(3) Immigration Amendment Act 1999 Section 14E(2B) inserted 1 October 1999 section 14(3) Immigration Amendment Act 1999 Section 14E(2C) inserted 1 October 1999 section 14(3) Immigration Amendment Act 1999 Section 14E(2D) inserted 1 October 1999 section 14(3) Immigration Amendment Act 1999 Section 14E(4) amended 1 October 1996 section 289(1) Customs and Excise Act 1996
15: Issue and currency of visas
Section 15 repealed 18 November 1991 section 8 Immigration Amendment Act 1991 Residence permits
16: Effect of residence permit
1: A residence permit entitles the holder of the permit to be in New Zealand indefinitely.
2: The holder of a residence permit may, without further authority than that permit,—
a: undertake employment in New Zealand or within the exclusive economic zone of New Zealand:
b: undertake any course of study or training in New Zealand.
17: Persons who may apply for residence permits
1: The following persons may apply for a residence permit:
a: any person who is the holder of a residence visa and who arrives in New Zealand during the currency of that visa:
b: any person in New Zealand who is the holder of a temporary permit, other than—
i: the holder of a pre-cleared temporary permit while that person is still in the arrival hall
ii: the holder of a temporary permit that is subject to the condition specified in section 27A(2)
c: in the case of a pre-cleared residence permit, any person specified in section 35D(2)
1A: Despite subsection (1),—
a: no person who is of a class or category of person that, by virtue of rules or criteria set under section 13B(3A)
b: no person may apply for a residence permit in response to an invitation to apply for residence if the application is not made within any relevant time frame stipulated by or under rules or criteria set under section 13B(3A)(d)
2: No person who is unlawfully in New Zealand may apply for a residence permit and, where any such person purports to apply for a residence permit,—
a: the Minister or appropriate immigration officer is under no obligation to consider that application; and
b: whether the application is considered or not,—
i: the Minister or immigration officer is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and
ii: section 36 section 23 Section 17 substituted 18 November 1991 section 9 Immigration Amendment Act 1991 Section 17(1)(b) substituted 15 September 1993 Immigration Amendment Act 1993 Section 17(1)(c) inserted 15 September 1993 Immigration Amendment Act 1993 Section 17(1)(b)(i) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 17(1A) inserted 9 September 2003 section 11 Immigration Amendment Act (No 2) 2003
17A: Applications for residence permits
1: A person applying for a residence permit under section 17
2: No application for a residence permit that is received by an immigration officer shall be referred to the Minister for decision at first instance unless the Minister gives a special direction to that effect.
3: It is the responsibility of the applicant 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, and 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.
4: Nothing in subsection (3) of this section prevents the Minister or immigration officer from taking into account when determining the application any information, evidence, or submissions provided by the applicant at any time before the decision on the application is made. Section 17A inserted 18 November 1991 section 9 Immigration Amendment Act 1991
18: Residence permit holders temporarily absent from New Zealand
The following persons are entitled, on application in the prescribed manner, to be granted a further residence permit:
a: the holder of a returning resident's visa who returns to New Zealand during the currency of that visa:
b:
c: in the case of a pre-cleared residence permit, any person specified in section 35D(3) Section 18 substituted 18 November 1991 section 9 Immigration Amendment Act 1991 Section 18(b) repealed 2 July 2004 section 3 Immigration Amendment Act 2004 Section 18(c) inserted 15 September 1993 Immigration Amendment Act 1993
18A: Requirements may be imposed on grant of residence permit
1: The Minister or an immigration officer may, on granting a residence permit, impose requirements on the holder of the permit in accordance with this section.
2: Except as provided in subsection (3) of this section, requirements may be imposed under this section on the holder of a residence permit only where—
a: those requirements are specified in, or are of a kind authorised under, the Government residence policy applicable at the time the application for the permit was made; and
b: the permit holder is a person of a class upon whom those requirements can, in terms of that Government residence policy, be imposed.
3: Where the Minister grants a residence permit to a person as an exception to the Government residence policy applying at the time the application for the permit was made, the Minister may impose such requirements as the Minister thinks fit to impose in all the circumstances having regard to—
a: the reasons why the holder of the permit was not eligible in terms of the applicable Government residence policy; or
b: the reasons why the grant of the permit was made as an exception to Government residence policy.
3A: Requirements imposed under this section may include the posting of a bond that is refundable in whole or in part if other requirements under this section are met, and section 148B
3B: The fact that a bond has been forfeited in whole or in part does not affect other action taken, or that may be taken, in respect of a failure to meet requirements imposed under this section, including revocation of a residence permit or returning resident's visa under section 20 section 20A
4: Where any requirements are imposed under this section, the holder of the permit shall be notified in writing—
a: of all requirements imposed; and
b: that any failure to comply with the requirements may result in revocation of the permit pursuant to section 20(1)(d)
5: The Minister may at any time, by special direction,—
a: cancel any requirement imposed under this section, whether on the application of the holder of the residence permit or of the Minister's own motion; or
b: with the agreement of the residence permit holder, vary any requirement imposed under this section or impose any new requirement (whether or not the variation or new requirement is specified in or specifically authorised under Government residence policy).
6: Where the Minister cancels or varies any requirement or imposes any new requirement under subsection (5) of this section,—
a: the Minister shall cause the holder of the permit to be notified accordingly; and
b: the cancellation, variation, or new requirement shall take effect from the date specified in the notice.
7: Where any requirement is imposed on the holder of a residence permit under this section, that requirement shall continue to apply to that person according to its tenor both—
a: during the currency of any returning resident's visa that is issued to the person in reliance on the fact that the person is or was the holder of that permit; and
b: during the currency of any residence permit then granted to the person by virtue of an entitlement under section 14C(4) Section 18A inserted 18 November 1991 section 9 Immigration Amendment Act 1991 Section 18A(3A) inserted 1 October 1999 section 15 Immigration Amendment Act 1999 Section 18A(3B) inserted 1 October 1999 section 15 Immigration Amendment Act 1999 Appeal against refusal to grant residence visa or residence permit
18B: Residence Review Board
1: For the purposes of this Act there is a board called the Residence Review Board. The Board is the same body as the Residence Appeal Authority that existed immediately before the commencement of the Immigration Amendment Act (No 2) 2003
2: The function of the Board is to hear appeals brought under section 18C
3: The Board consists of such number of members as the Governor-General determines from time to time on the advice of the Minister.
4: The members are appointed by the Governor-General on the recommendation of the Minister.
5: No immigration officer, and no person who has at any time within the previous 5 years been an immigration officer, may be appointed as a member of the Board.
6: For the purposes of any matter within its jurisdiction the Board consists of 1 member.
7: The provisions set out in Schedule 3A Section 18B inserted 18 November 1991 section 9 Immigration Amendment Act 1991 Section 18B substituted 9 September 2003 section 12(1) Immigration Amendment Act (No 2) 2003
18C: Appeals to
Board
1: Where a visa officer or immigration officer has refused to grant any application for a residence visa or a residence permit, being an application lodged on or after the date of commencement of the Immigration Amendment Act 1991 Residence Review Board
a: the refusal was not correct in terms of the Government residence policy applicable at the time the application for the visa or the permit was made; or
b: the special circumstances of the appellant are such that an exception to that Government residence policy should be considered.
2: No appeal shall lie under this section in respect of any refusal by the Minister to issue a residence visa or grant a residence permit.
2A: No appeal lies under this section in respect of—
a: any refusal or failure of the Minister or a visa officer or an immigration officer to issue an invitation to apply for residence; or
b: any refusal or failure of the Minister or a visa officer or an immigration officer to issue a residence visa or grant a residence permit to a person who has been invited to apply for residence if a ground for the refusal or failure is that the Minister or officer is satisfied that the person,—
i: whether personally or through an agent, in expressing his or her interest in obtaining an invitation to apply for residence submitted false or misleading information, or withheld relevant information that was potentially prejudicial to the person; or
ii: did not ensure that a visa officer or 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 permit; or
c: any lapse of an application for residence or of an expression of interest in obtaining an invitation to apply for residence; or
d: any revocation of an invitation to apply for residence.
3: The Board
a: is made in the prescribed manner; and
b: is accompanied by the prescribed fee (if any); and
c: is brought within 42 days after the date the appellant was notified of the refusal to issue the residence visa or, as the case may be, grant the residence permit.
4: For the purposes of subsection (3)(c) of this section, any written notice of a refusal to issue a residence visa or grant a residence permit that is sent by post to an address supplied by the applicant for the visa or permit in that behalf shall be deemed to have been notified to the applicant—
a: 7 days after the date on which the notice was posted, where the address is in New Zealand; or
b: 14 days after the date on which the notice was posted, where the address is outside New Zealand,— unless the applicant proves that, otherwise than through fault on the applicant's part, the applicant was not so notified.
5: The appellant shall supply to the Board
6: The provisions of section 18F
7: An appeal under this section may at any time be withdrawn by notice in writing to the Board Section 18C inserted 18 November 1991 section 9 Immigration Amendment Act 1991 Section 18C heading amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18C(1) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18C(2A) inserted 9 September 2003 section 13 Immigration Amendment Act (No 2) 2003 Section 18C(3) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18C(5) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18C(7) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
18D: Determination of appeal by
Board
1: In determining an appeal under section 18C Board
a: confirm the decision to refuse the visa or permit as having been correct in terms of the Government residence policy that was applicable at the time the application for the visa or permit was made by the appellant; or
b: reverse the decision as having been incorrect in terms of the Government residence policy that was applicable at the time the application for the visa or permit was made by the appellant; or
c: note the correctness of the original decision in terms of the Government residence policy that was applicable at the time the application was made on the basis of the information provided to the immigration officer or visa officer before the time of the decision, but reverse that decision on the basis of any information properly made available to the Board section 18F
d: note the correctness of the original decision in terms of the Government residence policy that was applicable at the time the application was made on the basis of the information provided to the immigration officer or visa officer before the time of the decision, but determine the appeal by cancelling the decision and referring the application back to the Secretary of Labour for consideration under that policy as if a new application had been made which included any additional information properly provided to the Board
e: where the Board
i: considers that the decision to refuse the visa or permit was made on the basis of an incorrect assessment in terms of the Government residence policy that was 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 that policy to the immediate grant of a visa or permit,— determine the appeal by cancelling the decision and referring the application back to the Secretary of Labour for correct assessment in terms of that applicable Government residence policy; or
f: confirm the decision as having been correct in terms of the Government residence policy that was applicable at the time the 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 that Government residence policy.
2: Where the Board Board
a: consider whether or not it is appropriate that requirements should be imposed on the appellant in accordance with section 18A(2)
b: if it considers that the imposition of requirements is appropriate, in its decision specify any such requirements with such degree of generality or particularity as the Board
3: Where the Board Board
4: The Board
5: Subject to section 115 Board section 18C Board Section 18D inserted 18 November 1991 section 9 Immigration Amendment Act 1991 Section 18D heading amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18D(1) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18D(2) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18D(3) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18D(4) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18D(5) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
18E: Procedure where appeal successful or
Board
1: Subject to subsection (2) of this section, where the Board paragraph (b) or paragraph (c) of section 18D(1)
2: Nothing in subsection (1) of this section requires a residence visa or a residence permit to be issued or granted to any person—
a: until the normal requirements for furnishing any certificates or other material that is required before a visa or permit can be issued or granted have been complied with, where those certificates or other material—
i: were not supplied to the appropriate officer before the date on which the decision to decline the application for the residence visa or residence permit was made; or
ii: by reason of effluxion of time, are no longer current for the purposes of issuing a visa or granting a permit under this Act; or
b: where, since the date on which the application for the residence visa or residence permit was declined, any matter has arisen or any information has become available in respect of the person that would disqualify that person from being issued with a residence visa or granted a residence permit, as the case may be, in terms of both—
i: the Government residence policy that was applicable at the time of the application for the visa or permit; and
ii: the Government residence policy currently applicable.
3: Where, in reliance on subsection (2)(a) of this section, a residence permit is not immediately granted to a person who is already in New Zealand, the Minister or an immigration officer shall grant a temporary permit to the person, being a permit that is current for a period of not less than 6 months.
4: Where any residence permit is granted to a person under subsection (1) of this section, or a residence permit is subsequently granted to a person by reason of a residence visa having been issued under that subsection, no requirements may be imposed on the person under section 18A(2) Board section 18D(2)(b)
5: Where the Board section 18D(1)(f)
a: shall consider whether or not a residence visa should be issued or a residence permit granted as an exception to Government policy; and
b: may, if the Minister grants a residence permit to the appellant, impose requirements on the appellant in accordance with section 18A(2)
6: The Minister is not obliged to give reasons in relation to any decision made as a result of any consideration under subsection (5) of this section, and neither section 36 section 23 Section 18E inserted 18 November 1991 section 9 Immigration Amendment Act 1991 Section 18E heading amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18E(1) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18E(4) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18E(5) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
18F: Provisions applying to appeals
1: The Board section 18C
2: On any such appeal—
a: it is the responsibility of the appellant to ensure that all information, evidence, and submissions that the appellant wishes to have considered in support of the appeal are received by the Board section 18C(3)
b: the Board
i: information requested by the Board Board
ii: information provided by way of rebuttal or comment pursuant to subsection (7) of this section.
3: Where an appeal is lodged under section 18C
a: the Board
b: the Secretary of Labour shall, within the time allowed by the Board Board
4: Subject to subsections (4A) to (7), the Board
a: may seek and receive such information as it thinks fit, and consider information from any source; but
b: may not consider any information or evidence adduced by the appellant that was not provided to the visa officer or immigration officer before the time at which that officer made the decision on the application for the residence visa or residence permit that is the subject of the appeal.
4A: The Board
a: the Board
i: the information or evidence existed at the time the decision to refuse the visa or permit 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 visa officer or immigration officer at the time at which 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 Board section 18D(1)(f)
5: Where—
a: the Board
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 Board the Board Board
6: Where—
a: it comes to the attention of the Board
b: the Board the Board section 18D(1)(d)
7: Subject to subsection (8) of this section, where—
a: the Secretary lodges any material with the Board subsection (3) of this section Board
b: that material or information is or may be prejudicial to the appellant; and
c: the appellant has not previously been afforded an opportunity to comment on the material or information; and
d: the Board the Board Board Board
8: Nothing in subsection (7) of this section requires the Board
9: Where the Board Board Section 18F inserted 18 November 1991 section 9 Immigration Amendment Act 1991 Sections 18F(1) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Sections 18F(2) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Sections 18F(3) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18F(4) substituted 1 October 1999 section 16 Immigration Amendment Act 1999 Section 18F(4) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18F(4A) inserted 1 October 1999 section 16 Immigration Amendment Act 1999 Section 18F(4A) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18F(5) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18F(6) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18F(7) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18F(8) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 18F(9) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Revocation of residence permits and returning residents' visas
19: Revocation of residence permit by immigration officer
1: Where an immigration officer (acting under delegated authority from the Minister) grants a residence permit to any person as a result of administrative error, or is satisfied on reasonable grounds that any other immigration officer has granted such a permit to any person as a result of such an error, the officer may revoke the permit at any time before the person takes the permit from the arrival hall
2: Where a permit is revoked under subsection (1) of this section, and the person is still within the arrival hall section 128
3: A revocation under this section shall be made by endorsement in a form approved by the Minister.
4: For the purposes of this section, a residence permit is granted as a result of administrative error if—
a: it is granted to a New Zealand citizen or a person who is exempt under this Act from the requirement to hold a permit; or
b: it is granted to a person to whom section 7
c: the person granting it intended to grant a temporary permit of some type rather than the residence permit that was actually granted; or
d: it is granted in contravention of—
i: any special direction; or
ii: any instruction of a kind referred to in section 130(5)
iii: the Government residence policy applicable at the relevant time ; or
e: it is granted on the basis of an administrative error (of any of the types referred to in this subsection) in determining an earlier application for a visa or permit. Section 19 heading inserted 18 November 1991 section 9 Immigration Amendment Act 1991 Section 19(1) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 19(2) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 19(4)(d) substituted 18 November 1991 section 10 Immigration Amendment Act 1991 Section 19(4)(d)(iii) amended 1 October 1999 section 17 Immigration Amendment Act 1999 Section 19(4)(e) inserted 1 October 1999 section 17 Immigration Amendment Act 1999
20: Revocation of residence permit by Minister
1: The Minister may at any time revoke a residence permit on any of
a: that the permit was granted as a result of administrative error:
b: that the permit (including any permit deemed by section 44(2) forgery,
c: that the permit (including any permit deemed by section 44(2)
ca: that the permit (including any permit deemed by section 44(2)
d: that any requirement imposed on the permit holder under section 18A
2: Written notice of the revocation of a residence permit under this section shall be served on the holder by personal service only, and the revocation shall, except where the holder appeals against the revocation to the High Court or the Tribunal under section 21 section 22 section 23
3: Every notice under subsection (2) of this section shall specify the grounds on which the revocation is made.
4: Except where the revocation of the permit is made on the ground that the holder is a New Zealand citizen or is exempt under this Act from the requirement to hold a permit, every notice under subsection (2) of this section shall also inform the holder of the permit of—
a: the right to appeal to the High Court under section 21
b: the right to appeal to the Deportation Review Tribunal under section 22
c: the right to apply under section 25(1)(d)
5: For the purposes of this section, a residence permit is granted as a result of an administrative error if it is granted in any of the circumstances specified in section 19(4) Section 20(1) amended 15 September 1993 Immigration Amendment Act 1993 Section 20(1)(b) amended 18 November 1991 section 11(1) Immigration Amendment Act 1991 Section 20(1)(c) inserted 18 November 1991 section 11(2) Immigration Amendment Act 1991 Section 20(1)(d) inserted 18 November 1991 section 11(2) Immigration Amendment Act 1991 Section 20(1)(ca) inserted 1 October 1999 section 18 Immigration Amendment Act 1999 Section 20(4)(c) amended 18 November 1991 section 11(3) Immigration Amendment Act 1991
20A: Revocation of returning resident's visa by Minister
1: The Minister may at any time revoke a returning resident's visa on any of the following grounds, but no other:
a: that the visa was granted as a result of administrative error (being the kinds of circumstances specified in section 19(4)
b: that the visa was procured by fraud, forgery, false or misleading representation, or concealment of relevant information:
c: that the visa was granted to a person who had been a holder of a permit or another visa procured by fraud, forgery, false or misleading representation, or concealment of relevant information:
ca: that the visa was granted to a person who was, but is no longer, recognised as a refugee in New Zealand, that earlier recognition having been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:
d: that any requirement imposed on the visa holder under section 18A
2: Subject to subsection (3) of this section, subsections (2) to (5) section 20 sections 21 to 23 section 22(7) and (8) section 23(2) and (3)
a: references in those provisions to the permit that is the subject of revocation were references to the returning resident's visa; and
b: references in those provisions to section 20(1)
3: No appeal shall lie under section 21 section 22
a: the Minister has within the previous 21 days also revoked the visa holder's residence permit; or
b: within 21 days after the revocation of the visa the Minister revokes the visa holder's residence permit,— but, in any such case, the High Court may, in its determination of any appeal in respect of the revocation of the person's residence permit, make such orders as it thinks fit in relation to the revocation of the returning resident's visa. Section 20A inserted 18 November 1991 section 12 Immigration Amendment Act 1991 Section 20A(1)(ca) inserted 1 October 1999 section 19 Immigration Amendment Act 1999
21: Appeal to High Court against revocation of residence permit on ground that decision erroneous
1: Subject to subsection (2) of this section, any person whose residence permit is revoked under section 20(1)
2: Where a residence permit has been revoked under paragraph (b) or paragraph (c) section 20(1)
a: the person whose residence permit is revoked has been convicted of an offence against paragraph (a) or paragraph (c) or paragraph (d) of section 142 section 111 or of any visa or other permit that had been held by the person
b: the Minister certifies that the Minister revoked the permit in reliance on that conviction.
3: Every appeal under this section shall be brought within 21 days after the date on which notice of the revocation was served on the appellant, and the appellant shall set out in the notice of appeal the ground on which the appeal is made.
4: On any appeal under this section, the High Court may quash the revocation if, but only if, it is satisfied that—
a: in the case of a revocation under paragraph (a) of subsection (1) of section 20
b: in the case of a revocation under paragraph (b) of that subsection, the permit was not procured by fraud, forgery, ; or
c: in the case of a revocation under paragraph (c) of that subsection, the visa or other permit concerned was not procured by fraud, forgery, false or misleading information, or concealment of relevant information; or
d: in the case of a revocation under paragraph (d) of that subsection, the requirements imposed on the person were met,— and if it is not so satisfied it shall confirm the revocation.
5: On any appeal under this section the High Court may in its discretion accept as evidence any statement, document, or information tendered by the appellant or the Minister, whether or not the same would be otherwise admissible in a Court of law.
6:
7: The decision of the High Court on any appeal under this section shall be final and conclusive.
8: Except as expressly provided in this section or in regulations made under this Act, the High Court may regulate its procedure on any appeal under this section in such manner as it thinks fit. Section 21(1) amended 18 November 1991 section 13(1)(a) Immigration Amendment Act 1991 Section 21(2) amended 18 November 1991 section 13(1)(b) and (c) Immigration Amendment Act 1991 Section 21(4)(b) amended 18 November 1991 section 13(2) and (3) Immigration Amendment Act 1991 Section 21(4)(c) inserted 18 November 1991 section 13(3) Immigration Amendment Act 1991 Section 21(4)(d) inserted 18 November 1991 section 13(3) Immigration Amendment Act 1991 Section 21(6) repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991
22: Appeal on humanitarian grounds to Tribunal against revocation of residence permit
1: Any person whose residence permit is revoked under section 20
2: Every appeal under this section shall be brought within 21 days after the date on which notice of the revocation was served on the appellant.
3: A person who appeals under this section shall supply to the Tribunal an address in New Zealand at which any communication relating to the appeal may be served on or supplied to that person.
4: Subject to subsection (5) of this section, on any appeal under this section the Tribunal may confirm or quash the revocation of the residence permit, as it thinks fit.
5: The Tribunal shall not confirm the revocation of a residence permit under this section if it is satisfied that it would be unjust or unduly harsh for the appellant to lose the right to be in New Zealand indefinitely.
6: In determining any appeal under this section, the Tribunal shall have regard to the following matters:
a: the appellant's age:
b: the length of time during which the appellant has been in New Zealand lawfully:
c: the appellant's personal and domestic circumstances:
d: the appellant's work record:
e: the grounds on which the permit was revoked:
f: the interests of the appellant's family:
g: such other matters as the Tribunal considers relevant.
7: In any case where the Tribunal confirms the revocation of a residence permit, it may, if it considers in all the circumstances that it should do so, direct that a temporary permit be granted to the appellant to enable the appellant to remain in New Zealand for such period, commencing with the date of the Tribunal's decision and not exceeding 12 months, as the Tribunal may specify.
8: Where the Tribunal gives any such direction, it shall notify the appellant, in writing, of—
a: the terms of the direction; and
b: the right of the appellant to the grant of a temporary permit to enable the appellant to remain in New Zealand for the period specified by the Tribunal or such longer period as the Minister may determine, on production to an immigration officer of the appellant's passport or certificate of identity within 21 days after the date on which the appellant is notified of the Tribunal's decision; and
c: the consequences of failing to produce the passport or certificate of identity within the required time, as provided in section 23(3)
9: Subject to section 117
10: Where a person has appealed under this section and the Tribunal confirms the revocation of the permit,—
a: the person has no right to appeal to the Removal Review Authority under section 47
b: unless the Tribunal directs that a temporary permit be granted under subsection (7), the person is liable to removal from New Zealand in accordance with the other provisions of Part 2
11: If the Tribunal has directed that a temporary permit be granted under subsection (7) to an unsuccessful appellant, and the person is subsequently in New Zealand unlawfully,—
a: the person has no right to appeal to the Removal Review Authority under section 47
b: the person is liable to removal from New Zealand in accordance with the other provisions of Part 2 Section 22(10) inserted 1 October 1999 section 20 Immigration Amendment Act 1999 Section 22(11) inserted 1 October 1999 section 20 Immigration Amendment Act 1999
23: Procedure following bringing or determination of appeal
1: Where the Court or the Tribunal quashes the revocation of a residence permit, the residence permit shall remain in full force and effect.
2: Where the Tribunal gives a direction under section 22(7)
3: If the appellant fails without reasonable excuse to produce the appellant's passport or certificate of identity to an immigration officer within 21 days after the date of the notification to the appellant of the Tribunal's decision, the direction of the Tribunal shall be of no further effect.
4: Where the Court or the Tribunal confirms the revocation of the residence permit, or the appeal is withdrawn, and no other appeal against the revocation has been successful or is still pending, the revocation shall become effective on the date 21 days after the date of the notification to the appellant of the decision of the Court or the Tribunal, or of the withdrawal of the appeal, as the case may be. Temporary permits
24: Types of temporary permits
1: The following types of temporary permits may be granted in accordance with this Act:
a: visitors' permits:
b: work permits:
c: student permits.
2: A visitor's permit entitles the holder of the permit to be in New Zealand during the currency of the permit for any lawful purpose (such as holidaying, sightseeing, family and social visits, amateur sport, business consultations, or undergoing medical treatment) other than—
a: undertaking employment; or
b: undertaking a course of study or training.
3: A work permit entitles the holder of the permit to be in New Zealand or within the exclusive economic zone of New Zealand during the currency of the permit for the purpose of undertaking employment.
4: A student permit entitles the holder of the permit to be in New Zealand during the currency of the permit for the purpose of undertaking a course of study or training.
25: Applications for temporary permits
1: The following persons may apply for a temporary permit:
a: any holder of a temporary visa who arrives in New Zealand during the currency of that visa:
b: any person arriving in New Zealand who is exempt from the requirement to apply for and hold a visa to travel to New Zealand:
c: any person who is in New Zealand and is the holder of a current temporary permit (other than a temporary permit that is subject to the condition specified in section 27A(2)
d: any person whose residence permit is revoked under section 20
e: in the case of a pre-cleared temporary permit, any person specified in section 35D(1)
2: An application for a temporary permit shall be made in the prescribed manner.
3: No person who is unlawfully in New Zealand may apply for a temporary permit, and where any such person purports to apply for a temporary permit—
a: the Minister or appropriate immigration officer is under no obligation to consider the application; and
b: whether the application is considered or not,—
i: the Minister or immigration officer is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and
ii: section 36 section 23 Section 25 substituted 18 November 1991 section 14 Immigration Amendment Act 1991 Section 25(1)(c) amended 1 April 1993 Immigration Amendment Act 1992 Section 25(1)(e) inserted 15 September 1993 Immigration Amendment Act 1993
26: Currency of temporary permits
1: Subject to a special direction to the contrary, a temporary permit may be granted for any period not exceeding the period prescribed in respect of temporary permits of that type or class by regulations made under this Act.
2: Every temporary permit which is not a pre-cleared permit
a: the date on which it comes, or is deemed to have come, into force; and
b: either—
i: the date on which it will expire; or
ii: the period for which it is granted.
3: Every pre-cleared temporary permit shall specify the matters required by section 35E(2)(c) and (d) Section 26(2) amended 15 September 1993 Immigration Amendment Act 1993 Section 26(3) inserted 15 September 1993 Immigration Amendment Act 1993
27: Temporary permits to be subject to conditions
1: Every temporary permit shall be subject to such conditions as may be—
a: prescribed by regulations made under this Act at any time before the grant of the permit; or
b: imposed by special direction given at any time before, on, or after the grant of the permit ; or
c: stipulated in Government immigration policy published under section 13A
1A: It may be a precondition to the grant of a temporary permit that a bond be paid in accordance with section 148B
1B: In the case of a bond of a kind that is intended to manage the risk of an applicant remaining in New Zealand beyond the expiry of his or her permit, the relevant visa officer or immigration officer may impose such a bond if, and only if,—
a: the officer identifies such a risk in the particular case; and
b: the officer considers that the imposition of the bond is necessary in the particular case to manage that risk.
1C: The fact that a bond has been forfeited in whole or in part does not affect other action taken, or that may be taken, in respect of a failure to comply with a condition imposed under this section, including revocation of a permit under section 32 section 33
2: No condition imposed under subsection (1)(b) of this section after the grant of the permit shall have any retrospective effect.
3: Subject to subsection (7) of this section, it shall be a condition of every temporary permit other than a work permit that the holder shall not undertake employment in New Zealand or within the exclusive economic zone of New Zealand.
4: Subject to subsection (7) of this section, and except as may be permitted by or under regulations made under this Act, it shall be a condition of every temporary permit other than a student permit that the holder shall not undertake a course of study or training in New Zealand.
5: The Minister may, by special direction given in respect of any temporary permit, impose a condition that the holder shall undertake employment only in such area, or in such industry, trade, occupation, or profession, or with such employer, or a condition relating to any 2 or more of those matters, as the Minister thinks fit.
6: The Minister may, by special direction given in respect of any temporary permit, impose a condition that the holder shall undertake a course of study or training only of such type, or at such place, or with or under such person conducting the course of study or training, or a condition relating to any 2 or more of those matters, as the Minister thinks fit.
7: The Minister, either on the application of the holder of a temporary permit or of the Minister's own motion, may at any time, by special direction, vary or cancel any condition of the permit (including a condition prescribed by subsection (3) or subsection (4) of this section , but not including the condition specified in section 27A(2)
8: Where the Minister cancels or varies any condition or imposes any new condition under this section, the Minister shall cause the holder of the permit to be notified accordingly, and that cancellation, variation, or new condition shall take effect from the date specified in the notice. Section 27(1A) inserted 1 October 1999 section 21 Immigration Amendment Act 1999 Section 27(1B) inserted 1 October 1999 section 21 Immigration Amendment Act 1999 Section 27(1C) inserted 1 October 1999 section 21 Immigration Amendment Act 1999 Section 27(1)(b) amended 9 September 2003 section 14 Immigration Amendment Act (No 2) 2003 Section 27(1)(c) inserted 9 September 2003 section 14 Immigration Amendment Act (No 2) 2003 Section 27(7) amended 1 April 1993 Immigration Amendment Act 1992
27A: Temporary permits granted for purposes of Mutual Assistance in Criminal Matters Act 1992
1: This section applies to—
a: a temporary permit that is granted pursuant to section 7(3)(a)(iia)
b: a temporary permit—
i: that is granted to a person who, but for the fact that a certificate has been issued under section 13 section 42(5)
ii: that is granted for the sole purpose of enabling that person—
A: to be in New Zealand for the purposes of giving or providing evidence or assistance pursuant to a request made pursuant to section 12
B: to be transported through New Zealand pursuant to section 42
2: A temporary permit to which this section applies may be granted subject to the condition that the holder of the permit has no right to apply for another temporary permit (of whatever type) or a residence permit. Section 27A inserted 1 April 1993 Immigration Amendment Act 1992
28: Minister may require applicant for temporary permit to have sponsor
1: Without limiting the Minister's discretion under section 27 section 12(1) (including the costs of any social services of a kind for which benefits are provided by the State)
2: In the event of the sponsor failing to comply with the whole or any part of the undertaking, the sponsor shall be liable to pay to the Crown all costs and expenses reasonably incurred by the Crown in respect of that failure. Section 28(1) amended 18 November 1991 section 15 Immigration Amendment Act 1991
29: Change of temporary permit
1: Any person who is the holder of a temporary permit (other than a temporary permit that is subject to the condition specified in section 27A(2)
2: If a temporary permit of another type is granted on an application made under this section, the current temporary permit shall be deemed to be cancelled as from the date on which the new one comes into force. Section 29(1) amended 1 April 1993 Immigration Amendment Act 1992
30: Further temporary permit
1: Any person who is the holder of a temporary permit (of whatever type, other than a temporary permit that is subject to the condition specified in section 27A(2)
2: On an application under this section, the Minister may, with the consent of the applicant, grant a temporary permit of a different type instead of a further temporary permit of the same type.
3: If a further temporary permit is granted on an application made under this section, it comes into force on the earlier of—
a: the date of the expiry of the current permit (whether before or after the date of the grant of the new permit); or
b: a date specified by the Minister. Section 30(1) amended 1 April 1993 Immigration Amendment Act 1992 Section 30(3) substituted 1 October 1999 section 22 Immigration Amendment Act 1999
31: Reconsideration where application for another temporary permit is declined
1: Where an application for another temporary permit under section 29 section 30
2: The fact that an application for reconsideration has been made under this section shall not of itself entitle the applicant to remain in New Zealand after the date of expiry of the applicant's current temporary permit, but, until any such application for reconsideration has been determined,—
a: no removal order shall be made or (if already made) served in respect of that person; and
b: that person is not liable to be removed under Part 2
3: If the decision to decline the original application was made by the Minister personally, it shall be reconsidered by the Minister personally.
4: In any other case, the decision to decline the original application shall be reconsidered by an immigration officer of equal grade or senior to the one who made the decision, or by the Minister.
5: If the decision to decline the original application is confirmed and no permit 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 a person who still holds a permit, the date on which the person will have an obligation to leave New Zealand; and
c: in the case of a person who no longer holds a permit, the fact that the person is already obliged to leave New Zealand; and
d: the period within which the applicant may bring an appeal under section 47
6: The result of any reconsideration under this section of a decision to decline an application for another temporary permit shall be final and conclusive, and no further application for reconsideration of that decision shall be made or entertained. Section 31(2)(a) substituted 18 November 1991 section 23(2) Immigration Amendment Act 1991 Section 31(2)(b) substituted 1 October 1999 section 23(1) Immigration Amendment Act 1999 Section 31(5) substituted 1 October 1999 section 23(2) Immigration Amendment Act 1999
32: Revocation of temporary permit by immigration officer
1: Where an immigration officer (acting under delegated authority from the Minister) grants a temporary permit to any person as a result of administrative error, that permit may be revoked at any time before the person takes the permit from the arrival hall
2: Where a permit is revoked under subsection (1) of this section and the person is still within the arrival hall section 128 (or, if appropriate, section 128B
3: A revocation under this section shall be made by endorsement in a form approved by the Minister.
4: For the purposes of this section, a temporary permit is granted as a result of administrative error if—
a: it is granted to a New Zealand citizen or a person who is exempt under this Act from the requirement to hold a permit; or
b: it is granted to a person to whom section 7
c: the person granting it intended to grant a permit of some type other than the one that was actually granted; or
d: it is granted in contravention of any special direction, or any instruction of a kind referred to in section 130(5)
da: it is granted contrary to Government policy (in terms of section 13A(1)
e: it is granted for a period exceeding the period prescribed for permits of that type by regulations made under this Act ; or
f: it is granted on the basis of an administrative error (of any of the types referred to in this subsection) in determining an earlier application for a visa or permit. Section 32(1) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 32(2) amended 18 November 1993 section 16 Immigration Amendment Act 1991 Section 32(2) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 32(4)(da) inserted 1 October 1999 section 24(1) Immigration Amendment Act 1999 Section 32(4)(e) amended 1 October 1999 section 24(2) Immigration Amendment Act 1999 Section 32(4)(f) inserted 1 October 1999 section 24(2) Immigration Amendment Act 1999
33: Revocation of temporary permit by Minister
1: The Minister may at any time, by notice in writing served on the holder of any temporary permit either by personal service or by registered post addressed to the holder's New Zealand address, revoke the permit.
2: A notice given under subsection (1) of this section shall—
a: give the reasons for the revocation of the permit; and
b: in the case of a person to whom subsection (4) of this section applies, notify the person that the revocation is effective immediately upon service of the notice; and
c: in any other case, specify a date by which, unless the holder can show good cause why the permit should not be revoked, the holder is required to leave New Zealand.
3: Any date required to be specified by paragraph (c) of subsection (2) of this section shall not be earlier than 14 days after the date on which the notice is served on the holder of the permit and, unless the holder sooner shows good reason why the permit should not be revoked, the revocation shall become effective on that date.
4: Where the holder of a temporary permit is a person to whom any of paragraphs (a) to (d) of section 7(1)
33A: Revocation of temporary permit granted for purposes of Mutual Assistance in Criminal Matters Act 1992
1: Where, pursuant to section 13(2) section 42(6) section 13(1) or section 42(5) of that Act section 27A
2: Where the Minister receives notification, under subsection (1) of this section, in respect of any person who is the holder of a temporary permit, the Minister may, by notice in writing served on the holder of that permit, revoke that permit.
3: Any notice given under subsection (2) of this section shall be served by personal service only.
4: A notice given under subsection (2) of this section shall—
a: give the reasons for the revocation of the permit; and
b: specify a date by which the holder of the permit is required to leave New Zealand.
5: The date required to be specified by subsection (4) of this section shall not be earlier than 7 days after the date on which the notice is served on the holder of the permit, and the revocation shall become effective on the date so specified.
6: Nothing in this section shall apply in respect of any permit that is deemed, by section 41 Section 33A inserted 1 April 1993 Immigration Amendment Act 1992
34: Holder of temporary permit not to remain in New Zealand after expiry of permit
Every person to whom a temporary permit is granted and who is in New Zealand after the expiry of the permit shall be deemed for the purposes of this Act to be in New Zealand unlawfully, unless that person is the holder of another permit or is exempt under this Act from the requirement to hold a permit. Limited purpose permits
34A: Limited purpose permits
A limited purpose permit is a permit granted to allow its holder to be in New Zealand for an express purpose only. Section 34A heading inserted 1 October 1999 section 25 Immigration Amendment Act 1999 Section 34A inserted 1 October 1999 section 25 Immigration Amendment Act 1999
34B: Applications for limited purpose permits
1: The following persons may apply for a limited purpose permit:
a: a holder of a limited purpose visa who arrives in New Zealand during the currency of that visa:
b: a person in New Zealand who is the holder of a current limited purpose permit, if further time is required to achieve the purpose for which that permit was granted.
2: An application for a limited purpose permit must be made in the prescribed manner.
3: No person who is unlawfully in New Zealand, and no person who is lawfully in New Zealand otherwise than pursuant to a limited purpose permit, may apply for a limited purpose permit. If such a person purports to apply for a limited purpose permit—
a: the Minister or appropriate immigration officer is under no obligation to consider the application; and
b: whether the application is considered or not,—
i: the Minister or immigration officer is not obliged to give reasons for any decisions relating to the application, other than the reason that this subsection applies; and
ii: section 36 section 23 Section 34B inserted 1 October 1999 section 25 Immigration Amendment Act 1999
34C: Currency of limited purpose permit
1: Subject to a special direction to the contrary, a limited purpose permit may be granted for such period as—
a: is appropriate to achieve the express purpose for which the permit is granted; and
b: does not exceed the period (if any) prescribed in respect of limited purpose permits of that category by regulations made under this Act.
2: Every limited purpose permit must state the latest date on which it will expire.
3: If the express purpose for which a limited purpose permit was granted is achieved before the latest 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 permit holder,—
a: an immigration officer may give the holder of the permit a notice specifying an earlier expiry date for the permit (which date may in no case be sooner than 14 days after that notice is given to the holder); and
b: the permit then expires on that new expiry date.
4: The holder of a limited purpose permit who applies for a further limited purpose permit may be granted the further permit only if further time is required to achieve the express purpose for which the original permit was granted. Section 34C inserted 1 October 1999 section 25 Immigration Amendment Act 1999
34D: Limitations and conditions on holders of limited purpose permits
1: The holder of a limited purpose permit must leave New Zealand no later than the day that the permit expires.
2: The holder of a limited purpose permit may not, whether before or after the expiry of the permit,—
a: apply for a permit of a different type while in New Zealand; or
b: while in New Zealand, request a special direction, or a permit under section 35A
c: bring any appeal under this Act, whether to the Removal Review Authority, the Residence Review Board
3: Every limited purpose permit is to be granted subject to conditions relating to its purpose, and section 27
a: references in that section to temporary permits were references to limited purpose permits; and
b: a limited purpose permit granted for the purpose of employment were a work permit; and
c: a limited purpose permit granted for the purpose of study or training were a student permit. Section 34D inserted 1 October 1999 section 25 Immigration Amendment Act 1999 Section 34D(2)(c) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
34E: Application of certain temporary permit provisions to limited purpose permits
The following provisions apply in respect of limited purpose permits, with any necessary modifications, as if references in those provisions to temporary permits were references to limited purpose permits:
a: sections 32 33
b: section 34
c: section 35
d: section 37(2)
e: section 38
f: section 41 Section 34E inserted 1 October 1999 section 25 Immigration Amendment Act 1999
34F: Consequences of remaining in New Zealand after expiry of limited purpose permit
A person who is in New Zealand unlawfully following the expiry of a limited purpose permit—
a: may not appeal to the Removal Review Authority under section 47
b: is immediately liable to removal under Part 2 Section 34F inserted 1 October 1999 section 25 Immigration Amendment Act 1999 General provisions
34G: Obligation to inform all relevant facts, including changed circumstances
1: Every person who applies for any type of visa, permit, or exemption under this Act has the obligation to inform 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 a permit in reliance on the visa for which the application is made.
1A: Every person expressing an interest in obtaining an invitation to apply for residence under section 13E
a: may affect the decision to issue an invitation to apply for residence; or
b: may affect a decision to issue a residence visa or grant a residence permit as a consequence of the invitation to apply for residence.
2: Without limiting the scope of the expression material change in circumstances subsections (1) and (1A)
3: Failure to comply with the obligation set out in subsection (1) or subsection (1A)
a: amounts to concealment of relevant information sections 20(1)(b) and (c) 20A(1)(b) and (c)
b: renders any visa or permit granted subject to cancellation or revocation.
4: It is sufficient ground for the Minister or a visa officer or immigration officer to decline to issue a visa or grant a permit to a person if the Minister or officer is satisfied that the person,—
a: whether personally or through an agent, in expressing his or her interest in obtaining an invitation to apply for residence submitted false or misleading information, or withheld relevant information that was potentially prejudicial to the issue of the invitation; or
b: did not ensure that a visa officer or 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 permit; or
c: whether personally or through an agent, in applying for the visa or permit submitted false or misleading information or withheld relevant information that was potentially prejudicial to the issue of the visa or the grant of the permit; or
d: did not ensure that a visa officer or immigration officer was informed of any material change in circumstances between the time of making the application and the time of a decision on the application. Section 34G inserted 1 October 1999 section 26 Immigration Amendment Act 1999 Section 34G(1A) inserted 9 September 2003 section 15(1) Immigration Amendment Act (No 2) 2003 Section 34G(2) amended 9 September 2003 section 15(2)(a) Immigration Amendment Act (No 2) 2003 Section 34G(3) amended 9 September 2003 section 15(2)(b) Immigration Amendment Act (No 2) 2003 Section 34G(4) inserted 9 September 2003 section 15(3) Immigration Amendment Act (No 2) 2003
35: Grant of permits
1: Subject to the provisions of this Act, on an application for a permit made in the prescribed manner, the Minister may grant or refuse to grant a permit, as the Minister thinks fit, and may grant such type of permit as the Minister thinks fit regardless of the type for which the application is made.
1A: Despite subsection (1), a limited purpose permit may not be granted to a refugee status claimant or a refugee unless that person is at the time the holder of a limited purpose visa or a current limited purpose permit.
2: Where an application for a permit is made by or for a person under 17 years of age who is not married or in a civil union
3: Every permit granted under this Act shall—
a: be in a form approved by the Minister either generally or in any particular case; and
b: except in the case of a pre-cleared permit or a permit granted electronically ; and
c: in the case of a pre-cleared permit, be entered and retained in the records of the Department of Labour in accordance with section 35E
d: in the case of a permit granted electronically, be entered and retained in the records of the Department of Labour in accordance with section 35AB
4: Section 35(1A) inserted 1 October 1999 section 27(1) Immigration Amendment Act 1999 Section 35(2) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 35(3)(b) amended 15 September 1993 Immigration Amendment Act 1993 Section 35(3)(b) amended 1 October 1999 section 27(2) Immigration Amendment Act 1999 Section 35(3)(c) inserted 15 September 1993 Immigration Amendment Act 1993 Section 35(3)(c) amended 1 October 1999 section 27(3) Immigration Amendment Act 1999 Section 35(3)(d) inserted 1 October 1999 section 27(3) Immigration Amendment Act 1999 Section 35(4) repealed 15 September 1993 Immigration Amendment Act 1993 Section 35(4)(b) repealed 19 December 1989 Immigration Amendment Act (No 2) 1989
35A: Grant of permit in special case
1: The Minister may at any time, of the Minister's own volition, grant a permit of any type to a person who—
a: is in New Zealand; and
b: is required under this Act to hold a permit to be in New Zealand; and
ba: does not hold a permit to be in New Zealand; and
c: is not a person in respect of whom a deportation order is in force; and
d: is not a person in respect of whom a removal order is in force.
2: Nothing in subsection (1) of this section confers on any person the right to apply to the Minister for a permit, and where any person purports to apply for a permit under this section,—
a: the Minister is under no obligation to consider the application; and
b: whether the Minister considers the application or not,—
i: the Minister is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and
ii: section 36 section 23 Section 35A inserted 18 November 1991 section 18 Immigration Amendment Act 1991 Section 35A(1)(ba) inserted 1 October 1999 section 28 Immigration Amendment Act 1999
35AB: Visas and permits may be issued or granted electronically
1: Any type of visa or permit may be issued or granted by being electronically entered and retained in the records of the Department of Labour.
2: Every such entry must specify the following information:
a: the name of the visa or permit holder:
b: the passport number of the visa or permit holder or, where the holder is accepted without a passport, the holder's date of birth and nationality (if known):
c: the date on which the visa or permit is issued or granted:
d: either the date on which the visa or permit will expire, or the period for which it is granted:
e: such other matters, including conditions, as may apply in respect of the visa or permit.
3: Where a visa or permit is issued or granted in the manner set out in subsection (1), then in the absence of evidence to the contrary the information so entered and retained in the records of the Department of Labour is to be presumed to be correct for the purposes of this Act, notwithstanding any differences between that information and any information contained in any copy of the permit later given to the permit holder.
4: A person who holds a permit granted electronically may request a copy of the permit in the prescribed manner, and is entitled on such a request made in New Zealand to receive a copy of the permit in an approved form.
5: A person is not entitled to be given a copy of a permit under subsection (4) at any time before the person has left the arrival hall at the Customs place at which the person arrives in New Zealand.
6: A permit that is granted electronically may be revoked in the same manner as a pre-cleared permit, and section 35F Section 35AB inserted 1 October 1999 section 29 Immigration Amendment Act 1999
35AC: Deemed extension of certain permits expiring during epidemic
1: This section applies to a temporary permit, a limited purposes permit, or an exemption from the requirement to hold a permit, if—
a: it was in force immediately before the commencement of an epidemic management notice; and
b: but for this section, it would expire before the day 14 days after the day on which the notice expires.
2: A temporary permit, limited purposes permit, or exemption to which this section applies must for all purposes be treated as if it continues to be a valid temporary permit, limited purposes permit, or exemption (as the case may be) until the earlier of the following events:
a: its revocation or cessation:
b: the expiration of 3 months after the day on which the epidemic management notice expires.
3: Subsection (2) does not require—
a: the endorsement or modification of a permit or exemption; or
b: the issue of a document extending a permit or exemption; or
c: the issue of a new permit or exemption. Section 35AC inserted 19 December 2006 section 5 Immigration Amendment Act (No 2) 2006 Special provisions applying to pre-cleared permits
35B: Pre-cleared permits
1: A pre-cleared permit is a temporary permit or a residence permit or a limited purpose permit section 35C
2: Except as specifically provided in this Act, the provisions of this section and sections 35C to 35I sections 16 to 35A sections 6 to 41 Section 35B heading inserted 15 November 1993 Immigration Amendment Act 1993 Section 35B inserted 15 November 1993 Immigration Amendment Act 1993 Section 35B(1) amended 1 October 1999 section 30 Immigration Amendment Act 1999
35C: Minister may designate pre-clearance flights
The Minister may from time to time, and in such manner as the Minister considers appropriate, designate as pre-clearance flights any—
a: individual flight to New Zealand from another country; or
b: any class of such flights,— and any person intending to travel on any such flight may, subject to this Act, apply for and be granted a pre-cleared permit. Section 35C inserted 15 November 1993 Immigration Amendment Act 1993
35D: Applications for pre-cleared permits
1: The following persons may apply under section 25
a: any person intending to travel on a pre-clearance flight who holds a current student visa, work visa, or visitor's visa and who wishes to be granted a pre-cleared student permit, pre-cleared work permit, or pre-cleared visitor's permit, as the case may be:
b: any person intending to travel on a pre-clearance flight who is exempt from the requirement to apply for and hold a visa to travel to New Zealand and who wishes to be granted a pre-cleared temporary permit.
2: The following persons may apply under section 17
a: any person intending to travel on a pre-clearance flight who is the holder of a current residence visa and who wishes to be granted a pre-cleared residence permit:
b: any person intending to travel on a pre-clearance flight who is exempt from the requirement to apply for and hold a residence visa and who wishes to be granted a pre-cleared residence permit.
3: The following persons are entitled to be granted a pre-cleared residence permit under section 18
a: any person intending to travel on a pre-clearance flight who—
i: holds a returning resident's visa; and
ii: applies in the prescribed manner for a pre-cleared resident permit during the currency of that visa:
b: any person intending to travel on a pre-clearance flight who—
i: being the holder of a residence permit is granted by the Government of New Zealand a refugee travel document in accordance with the Refugee Convention for the purpose of travel outside New Zealand; and
ii: applies in the prescribed manner for a pre-cleared residence permit during the period of validity of that document.
4: An application for a pre-cleared permit shall be made in the prescribed manner. Section 35D inserted 15 November 1993 Immigration Amendment Act 1993
35E: Grant of pre-cleared permit
1: A pre-cleared permit shall be granted by being entered and retained (either electronically or otherwise) in the records of the Department of Labour.
2: Every pre-cleared permit shall specify—
a: the name of the permit holder:
b: the passport number of the permit holder or, where the person is accepted for travel without a passport, the permit holder's date of birth and nationality (if known):
c: the date on which the permit is granted (being that date in the country in which it is granted):
d: either—
i: the date on which it will expire; or
ii: the period for which it is granted.
3: Where a pre-cleared temporary permit specifies the period for which it is granted, rather than the date on which it will expire, that period shall commence to run on and from the date specified in the permit under subsection (2)(c) of this section as if the permit had been granted on that specified date in New Zealand, notwithstanding any date or time differences between New Zealand and the country in which the permit was granted.
4: A person who holds a pre-cleared permit may request a copy of the permit in the prescribed manner and, subject to subsection (5) of this section, is entitled on such request made in New Zealand to receive forthwith, in an approved form, a copy of the permit.
5: No person who is the holder of a pre-cleared permit is entitled to be given a copy of that permit in the country in which the permit is granted, or while in transit, or at any time before the person has left the arrival hall
6: Where any pre-cleared permit is granted in the manner set out in subsection (1) of this section, the information so entered and retained in the records of the Department of Labour shall, in the absence of evidence to the contrary, be deemed to be correct for the purposes of this Act, notwithstanding any differences between that information and any information contained in any copy of the permit given to the holder of the permit. Section 35E inserted 15 November 1993 Immigration Amendment Act 1993 Section 35E(5) amended 1 October 1996 section 289(1) Customs and Excise Act 1996
35F: Revocation of pre-cleared permit by immigration officer
1: Where any immigration officer is satisfied on reasonable grounds that—
a: a pre-cleared residence permit has been granted to any person as a result of administrative error within the meaning of section 19
b: a pre-cleared temporary permit or a pre-cleared limited purpose permit section 32 the immigration officer may revoke the permit at any time before the person leaves the arrival hall
2: Where a pre-cleared permit is revoked under this section, then, unless some other permit is granted to the person, or the person is exempt under this Act from the requirement to hold a permit, the provisions of section 128
3: A revocation under this section shall be made in a manner approved by the Minister. Section 35F inserted 15 November 1993 Immigration Amendment Act 1993 Section 35F(1) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 35F(1)(b) amended 1 October 1999 Immigration Amendment Act 1999
35G: Expiry of pre-cleared permit in certain circumstances
Where the holder of a pre-cleared permit—
a: fails for any reason to travel on the pre-clearance flight in respect of which the permit was granted; or
b: embarks on the pre-clearance flight but, before arriving in New Zealand, is forced to return to the country of embarkation, or land in any country other than New Zealand, whether by reason of any emergency affecting the craft or otherwise,— the pre-cleared permit shall be deemed to expire with effect from—
c: the time at which the pre-clearance flight commenced, where the person fails to travel on the pre-clearance flight; or
d: the time at which the pre-clearance flight returns to the country of embarkation, or lands in the country other than New Zealand, in any other case. Section 35G inserted 15 November 1993 Immigration Amendment Act 1993
35H: Responsibilities of carrier in relation to pre-clearance flights
For the purposes of this Act, the carrier and the person in charge of any craft on a pre-clearance flight shall ensure that all persons boarding the craft at the beginning of the pre-clearance flight—
a: hold a pre-cleared permit; or
b: are exempt under this Act from the requirement to hold a permit; or
c: are persons to whom section 129(1) Section 35H inserted 15 November 1993 Immigration Amendment Act 1993
35I: Pre-cleared permit holders not required to undergo immigration procedures on arrival in New Zealand
The holder of a pre-cleared permit who arrives in New Zealand on a pre-clearance flight is exempt from the requirement to undergo the immigration procedures specified in section 126(1)(a) Section 35I inserted 15 November 1993 Immigration Amendment Act 1993
36: Reasons for refusal to grant permit to be given in writing where requested
Except as otherwise provided in this Act,
a: refuse to grant a permit to the applicant; or
b: refuse to grant to that applicant a permit of a particular type. Section 36 amended 18 November 1991 section 19 Immigration Amendment Act 1991
37: Applicant for permit to specify address for service
1: Every applicant for a residence permit shall specify in the application an address in New Zealand at which any communication relating to the application , or to any requirements that may be imposed on the person under section 18A
2: Every applicant for a temporary permit shall specify in the application an address in New Zealand at which any communication relating to the application, or to any
3: The applicant for or the holder of a permit may at any time, by written notice to an immigration officer, substitute a different address for that specified in accordance with subsection (1) or subsection (2) of this section. Section 37(1) amended 18 November 1991 section 20(1) Immigration Amendment Act 1991 Section 37(2) amended 18 November 1991 section 20(2) Immigration Amendment Act 1991
38: Evidence of permit or exemption to be retained
1: Subject to subsection (3) of this section, every holder of a permit , other than a pre-cleared permit or a permit granted electronically in accordance with section 35AB
2: Subject to subsection (3) of this section, every person who is exempt under this Act from the requirement to hold a permit shall retain in that person's possession or under that person's control, while the exemption remains in force, evidence of that person's entitlement to that exemption.
3: Subsections (1) and (2) of this section shall not apply in respect of any document or evidence that any person would otherwise be required by this section to retain in that person's possession or under that person's control, where that person has surrendered the document or evidence to any other person in accordance with any lawful requirement and that document or evidence has not yet been returned.
4: Where the Minister is satisfied that any passport, certificate of identity, or other document evidencing or constituting a current permit is lost or destroyed, the Minister shall authorise the grant, in such manner and form as the Minister considers appropriate, of a replacement permit. Section 38(1) amended 15 September 1993 Immigration Amendment Act 1993 Section 38(1) amended 1 October 1999 section 32 Immigration Amendment Act 1999
39: Responsibility of employers
1: Every employer commits an offence against this Act who allows or continues to allow any person to undertake employment in that employer's service knowing that the person is not entitled under this Act to undertake that employment.
1A: Every employer commits an offence against this Act who, without reasonable excuse, allows a person who is not entitled under this Act to undertake employment in the employer's service to undertake that employment.
1B: For the purposes of subsection (1A), it is a reasonable excuse for allowing a person who is not entitled under this Act to undertake employment in an employer's service to undertake that employment that the employer concerned did not know that the person was not entitled to undertake that employment, and holds a tax code declaration—
a: that states that the person is entitled under the Immigration Act 1987 to undertake employment in the employer's service; and
b: that was signed by the person before or when that employment began.
1C: Except as provided in subsection (1B), for the purposes of subsection (1A), it is not a reasonable excuse for allowing a person who is not entitled under this Act to undertake employment in an employer's service that the employer did not know that the person was not entitled under this Act to undertake that employment.
2: An information alleging an offence against
3: An employer shall be deemed for the purposes of this section to know that an employee is not entitled under this Act to undertake any particular employment if, at any time within the preceding 12 months, the employer has been informed of that fact in writing by an immigration officer.
4: No employer is liable for an offence against subsection (1) or subsection (1A) Employment Relations Act 2000
5: A person who commits an offence against this section is liable,—
a: in the case of an offence against subsection (1), to a fine not exceeding $50,000:
b: in the case of an offence against subsection (1A), to a fine not exceeding $10,000. Sections 39(1A) inserted 17 June 2003 section 4(1) Immigration Amendment Act 2002 Sections 39(1B) inserted 17 June 2003 section 4(1) Immigration Amendment Act 2002 Sections 39(1C) inserted 17 June 2003 section 4(1) Immigration Amendment Act 2002 Section 39(2) amended 17 June 2003 section 4(2) Immigration Amendment Act 2002 Section 39(4) substituted 18 November 1991 section 21 Immigration Amendment Act 1991 Section 39(4) substituted 2 October 2000 section 240 Employment Relations Act 2000 Section 39(4) amended 17 June 2003 section 4(3) Immigration Amendment Act 2002 Section 39(5) inserted 17 June 2003 section 4(4) Immigration Amendment Act 2002
39A: Exploitation of people not legally entitled to work
1: Every employer commits an offence against this Act who,—
a: while allowing an unlawful employee to undertake employment in the employer's service,—
i: is responsible for a serious failure to pay to the employee money payable under the Holidays Act 2003
ii: is in serious default under the Minimum Wage Act 1983
iii: is responsible for a serious contravention of the Wages Protection Act 1983
b: while allowing an unlawful employee to undertake employment in the employer's service, takes an action with the intention of preventing or hindering the employee from—
i: leaving that employment; 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 employment by the employer.
2: The following are examples of actions of the kinds 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; or
c: preventing or hindering a labour inspector (within the meaning of the Employment Relations Act 2000
3: Subsection (2) does not limit the generality of subsection (1)(b).
4: 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
5: 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.
6: An information alleging an offence against subsection (1) may specify any day on which it is alleged the person was in the employment of the employer, and it is not necessary to state the day on which that employment is alleged to have commenced.
7: For the purposes of this section, an employer must be treated as knowing that an employee is not entitled under this Act to undertake any particular employment if, at any time within the preceding 12 months, the employer has been informed of that fact in writing by an immigration officer.
8: A person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 7 years, a fine not exceeding $100,000, or both.
9: In this section, unlawful employee Section 39A inserted 18 June 2002 section 5 Immigration Amendment Act 2002 Section 39A(1)(a)(i) amended 1 April 2004 section 91(2) Holidays Act 2003 Section 39A(4)(a) amended 1 April 2004 section 91(2) Holidays Act 2003
40: Responsibility of persons conducting courses of study or training
1: Every person conducting any course of study or training commits an offence against this Act who allows or continues to allow any other person
2: An information alleging an offence against subsection (1) of this section may specify any day on which it is alleged the student or trainee was undertaking the course of study or training, and it shall not be necessary to state the day on which it is alleged that the student or trainee commenced to undertake the course.
3: A person shall be deemed for the purposes of this section to know that a student or trainee is not entitled under this Act to undertake a course of study or training in New Zealand if, at any time within the preceding 12 months, that person has been informed of that fact in writing by an immigration officer. Section 40(1) amended 1 January 1990 section 4(4) Education Amendment Act 1989
41: Permit or exemption deemed to have expired on departure from New Zealand
1: When the holder of a permit leaves New Zealand, the permit shall be deemed to have expired.
2: When a person who is exempt under this Act from the requirement to hold a permit leaves New Zealand, the exemption shall be deemed to have expired. Transitional provisions
42: Certain persons in New Zealand at commencement of this Act may apply for permit
Section 42 repealed 1 October 1999 section 33 Immigration Amendment Act 1999
43: Applications for certain permits pending at commencement of this Act
Section 42 repealed 1 October 1999 section 33 Immigration Amendment Act 1999 Sections 43 43 repealed 1 October 1999 section 33 Immigration Amendment Act 1999
44: General transitional provisions
1: Every person who—
a: arrived in New Zealand lawfully for the purpose of permanent residence at any time before the 2nd day of April 1974 otherwise than pursuant to a permit granted under the Immigration Act 1964
b: has been in New Zealand continuously from that date, apart from any period or periods spent in—
i: the Cook Islands, Niue, or Tokelau; or
ii: Australia, where during any such period the person was a Commonwealth citizen or a citizen of the Republic of Ireland and was able to reside in either New Zealand or Australia without restriction; and
c: was in New Zealand immediately before the commencement of this Act; and
d: is not exempt under this Act from the requirement to hold a permit,— shall be deemed for the purposes of this Act to be the holder of a residence permit granted under this Act, and on application in the prescribed manner an immigration officer shall endorse that person's passport or certificate of identity accordingly.
2: Every permit granted for the purpose of permanent residence at any time before the commencement of this Act under the Immigration Act 1964
a: has been in New Zealand continuously from the date on which that permit was granted until the commencement of this Act, apart from any period or periods spent in—
i: the Cook Islands, Niue, or Tokelau; or
ii: Australia, where during any such period the person was a Commonwealth citizen or a citizen of the Republic of Ireland, and was able to reside in either New Zealand or Australia without restriction; and
b: was in New Zealand immediately before the commencement of this Act, and was at that time resident in New Zealand by virtue of that permit,— shall be deemed for the purposes of this Act to be a residence permit granted under this Act.
3: Where, at any time before the commencement of this Act, any person acting on behalf of the Government of New Zealand has endorsed any other person's passport or certificate of identity to the effect that that other person would be authorised, at any time within a specified period, to enter New Zealand for the purpose of permanent residence, that endorsement shall be deemed for the purposes of section 17
4: Where, at any time before the commencement of this Act, any person acting on behalf of the Government of New Zealand has endorsed any other person's passport or certificate of identity to the effect that that other person would be authorised, at any time within a specified period, to enter New Zealand temporarily, that endorsement shall be deemed for the purposes of section 25
5: Every permit granted otherwise than for the purpose of permanent residence under section 14 or section 14B or section 15 of the Immigration Act 1964
a: in the case of a permit under which employment in New Zealand was permitted, to be a work permit granted under this Act; or
b: in the case of a permit granted to authorise the holder to enter New Zealand for the purpose of undertaking any course of study or training, to be a student permit granted under this Act; or
c: in the case of any other permit, to be a visitor's permit granted under this Act.
6: Notwithstanding anything in section 26 section 27
2: Persons in New Zealand unlawfully
Obligation of persons unlawfully in New Zealand to leave Part 2 substituted 1 October 1999 section 34 Immigration Amendment Act 1999
45: Obligation of persons unlawfully in New Zealand to leave New Zealand
1: From the moment that a person is in New Zealand unlawfully until that person leaves New Zealand, he or she has an obligation to leave New Zealand unless subsequently granted a permit.
2: The obligation created by subsection (1) arises whether the person came to be in New Zealand unlawfully as a result of the expiry or revocation of a permit, their entry into New Zealand without a permit or exemption, ceasing to be exempt from the requirement to hold a permit, their loss of New Zealand citizenship, or otherwise.
3: The obligation to leave created by 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 removal or other action under this Part, is not affected by any failure or alleged failure of the chief executive to communicate the obligation and related implications under section 46 section 70(4)
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 removal of any person. Section 45 substituted 1 October 1999 section 34 Immigration Amendment Act 1999
46: Duty of chief executive to communicate obligation to leave New Zealand
1: The chief executive of the Department of Labour must communicate to persons who are seeking visas to come to New Zealand or permits to be in New Zealand—
a: the obligation to leave New Zealand created by section 45(1)
b: the implications for persons who fail to meet that obligation.
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 or permits are issued or 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 temporary visas and permits and limited purpose visas and permits:
c: in arrival halls at Customs places, by way of notices that can be readily seen by all arriving temporary entrants:
d: on informational material provided by the Department to persons who are interested in coming to New Zealand temporarily:
e: on any notice revoking a permit.
3: The chief executive is to decide whether the information to be communicated under subsection (2) should be communicated in more than 1 language, and, if so, which languages should be used.
4: Any temporary visa or permit or limited purpose visa or permit issued or granted to any person after the commencement of this Part (other than a visa or permit granted electronically) must contain the following words, or words to similar effect: You must leave New Zealand before expiry of your permit, or face removal . Section 46 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 46(5)(b) substituted 18 November 1991 section 23(2) Immigration Amendment Act 1991 Section 46(5)(c) substituted 18 November 1991 section 23(2) Immigration Amendment Act 1991 Appeal against requirement to leave, etc
47: Appeal against requirement to leave New Zealand
1: A person who is unlawfully in New Zealand may appeal to the Removal Review Authority against the requirement for that person to leave New Zealand.
2: The appeal must be brought within 42 days after the later of—
a: the day on which the person became unlawfully within New Zealand; or
b: the day on which the person received notification under section 31 section 31
3: An appeal may be brought only on the grounds that there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for the person to be removed from New Zealand, and that it would not in all the circumstances be contrary to the public interest to allow the person to remain in New Zealand.
4: For the purposes of subsection (3), the mere fact that a person's circumstances are such that the person would meet any applicable Government residence policy requirements for the grant of a residence permit does not in itself constitute exceptional circumstances of a humanitarian nature.
5: The following persons may not appeal under this section:
a: a person who is unlawfully in New Zealand by reason of having returned to New Zealand while a removal order is in force in respect of the person:
b: a person who is unlawfully in New Zealand by reason of the expiry of a limited purpose permit:
c: a person who is unlawfully in New Zealand following the revocation of their residence permit being confirmed by the Deportation Review Tribunal:
d: a person unlawfully in New Zealand to whom section 63 Mutual Assistance in Criminal Matters Act 1992
e: a person unlawfully in New Zealand to whom section 114K(4)(b) Section 47 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 47(1) amended 18 November 1991 section 23(2) Immigration Amendment Act 1991
48: How to appeal
1: An appeal under section 47
a: be made in the prescribed manner; and
b: be brought within the 42-day period referred to in section 47(2)
c: be accompanied by the prescribed fee (if any).
2: In the notice of appeal the appellant must—
a: set out all the grounds and the full circumstances on which the appeal is based; and
b: include an address in New Zealand at which any communication relating to the appeal may be notified to the appellant; and
c: include the address in New Zealand at which the appellant is physically residing.
3: If an address included in the notice of appeal changes, the appellant must immediately notify the Authority in writing of the change of address. The Authority may rely on the latest address provided for the purpose of communications under this Part.
4: The Authority must not consider an appeal under section 47 section 47(2)
5: An appeal under section 47 Section 48 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 48(1) amended 18 November 1991 section 23(2) Immigration Amendment Act 1991
49: Removal Review Authority
1: For the purposes of this Act there continues to be a Removal Review Authority.
2: The function of the Authority is solely to determine appeals brought under section 47
3: The Authority consists of such number of members, being barristers or solicitors of the High Court who have held practising certificates for at least 5 years, as the Governor-General determines from time to time on the advice of the Minister.
4: The members are appointed by the Governor-General on the advice of the Minister.
5: For the purposes of any appeal before it, the Authority consists of 1 member.
6: The provisions set out in Schedule 3B
7: The persons who are members of the Authority immediately before the commencement of this section continue to be members of the Authority. Section 49 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 49(1) substituted 18 November 1991 section 23(2) Immigration Amendment Act 1991 Section 49(2) amended 18 November 1991 section 23(2) Immigration Amendment Act 1991
50: Procedure in appeals
1: An appeal to the Authority under section 47
2: On any such appeal—
a: it is the responsibility of the appellant to ensure that all information, evidence, and submissions that the appellant wishes to have considered in support of the appeal are received by the Authority within the 42-day period for bringing the appeal; and
b: the Authority is not obliged to consider any information supplied by the appellant after that period, other than information provided by way of rebuttal or comment under subsection (6); and
c: the Authority may treat the material provided by the appellant as constituting the full appeal, and is not obliged to give the appellant an opportunity to develop the appeal further.
3: On the lodging of an appeal under section 47
a: the Authority must give to the chief executive a copy of the notice of appeal and any information, evidence, or submissions lodged by the appellant; and
b: the Authority must allow the chief executive a specified time to—
i: lodge with the Authority any file relating to the appellant that is held by the chief executive; and
ii: lodge such other information, evidence, and submissions in relation to the matter under appeal as the chief executive thinks fit.
4: In determining the appeal, the Authority—
a: may seek and receive such information as it thinks fit, and consider information from any source; but
b: may not consider any information which relates to matters arising after the date the appeal was lodged unless it is satisfied that there are exceptional circumstances that justify the consideration of such matters.
5: The Authority must disclose to the appellant any material or information that the Authority proposes to take into account in determining the appeal if that material or information—
a: is or may be prejudicial to the appellant; and
b: is material lodged with the Authority by the chief executive, or is information obtained by the Authority from a source other than the appellant.
6: The Authority must give the appellant an opportunity to rebut or comment on any material or information disclosed under subsection (5) within such reasonable time as the Authority specifies.
7: Subsections (5) and (6) do not require the Authority to disclose to the appellant any material or information whose disclosure would be likely to endanger the safety of any person, but the Authority must notify the appellant of the fact of any such non-disclosure. Section 50 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 50 substituted 18 November 1991 18 November 1991 section 23(1) Immigration Amendment Act 1991
51: Decision on appeal
1: As soon as practicable after coming to a decision on an appeal, the Authority must notify both the appellant and the chief executive in writing of its decision and the reasons for that decision.
2: Except as provided in section 115A
3: Unless a court otherwise directs, the Authority has no jurisdiction to reconsider an appeal after the appellant has been notified of its decision. Section 51 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 51 substituted 18 November 1991 18 November 1991 section 23(1) Immigration Amendment Act 1991
52: Where appeal allowed
1: Where the Authority decides that an appeal should be allowed, it may direct an immigration officer to take such steps as it considers necessary to give effect to its decision.
2: Without limiting subsection (1), the Authority may direct an immigration officer to grant the successful appellant—
a: a residence permit subject to such requirements (if any) as the Authority may determine; or
b: a temporary permit for such period and subject to such conditions (if any) as the Authority may determine.
3: For the avoidance of doubt, the Authority may direct an immigration officer to grant the successful applicant a permit, and an immigration officer must accordingly grant the permit, even though the applicant is a person who would normally be prohibited from being granted a permit under section 7(1)
4: The Authority may direct the imposition of any requirement on the grant of a residence permit 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 requirement is of a kind authorised under Government residence policy at the time.
5: Section 18A(4) to (7)
6: The chief executive must ensure that the terms of a direction given under this section are complied with. Section 52 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 52 substituted 18 November 1991 18 November 1991 section 23(1) Immigration Amendment Act 1991
52A: Cancellation of removal order by immigration officer
Section 52A inserted 18 November 1991 section 23(1) Immigration Amendment Act 1991 Liability for removal
53: Liability for removal
1: A person unlawfully in New Zealand may be the subject of a removal order, and is liable to be removed from New Zealand under this Part, if—
a: the person (not being a person who has an appeal pending under section 47 section 115A
i: for a period of 42 consecutive days; or
ii: in the case of a person who, while still lawfully in New Zealand, had lodged an application under section 31 section 31
b: an appeal under section 47 section 115A section 116 section 22(7)
c: the person is unlawfully in New Zealand by reason of the expiry of a limited purpose permit; or
d: the person is in New Zealand while a previously executed removal order is still in force in respect of the person; or
e: the person is a person to whom section 63 Mutual Assistance in Criminal Matters Act 1992
f: the person is a person to whom section 114K(4)(b)
2: This section is subject to—
a: section 70
b: section 129X
3: Nothing in this Part is to be construed as preventing voluntary departure from New Zealand at any time before a removal order is made and served. Section 53 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 53(1) amended 18 November 1991 section 24(1)(a) Immigration Amendment Act 1991 Section 53(1)(a) amended 18 November 1991 section 24(1)(b) and (c) Immigration Amendment Act 1991 Section 53(1)(b) amended 18 November 1991 section 24(1)(b) and (c) Immigration Amendment Act 1991 Section 53(3) amended 18 November 1991 section 24(2) Immigration Amendment Act 1991
54: Making of removal orders
1: The chief executive, or any immigration officer designated by the chief executive for the purposes of this section who is not disqualified under subsection (2), may make a removal order in the prescribed form in respect of any person if the chief executive or immigration officer is satisfied that section 53(1) section 70(3)
2: An immigration officer may not make a removal order in respect of a person if the officer has at any previous time been involved in determining an application by that person for a permit.
3: A removal order in the name of any person may also name any dependent child of that person if the chief executive or immigration officer is satisfied that section 53 section 70(8) sections 141B to 141D
4: An immigration officer who was designated for the purposes of section 50 Section 54 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 54(1) amended 18 November 1991 section 25 Immigration Amendment Act 1991 Section 54(1) amended 18 November 1991 section 25 Immigration Amendment Act 1991 Section 54(2) amended 18 November 1991 section 25 Immigration Amendment Act 1991 Section 54(3) amended 18 November 1991 section 25 Immigration Amendment Act 1991
54A: Removal orders where temporary permit granted for purposes of Mutual Assistance in Criminal Matters Act 1992
Section 54A inserted 1 April 1993 Immigration Amendment Act 1992
55: Content and effect of removal order
1: A removal order authorises any member of the Police to take into custody the person named in the order and to proceed to execute the order in accordance with section 59
2: A removal order must—
a: give notice to the person named in the order that he or she is in New Zealand unlawfully and is subject to removal under this Part; and
b: inform the person that, since he or she has not responded voluntarily to the obligation to leave New Zealand, removal will be effected by the State; and
c: inform the person that he or she may contact a solicitor or counsel or responsible adult designated or nominated under section 141B Section 55 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 55(1) amended 18 November 1991 section 26(1) Immigration Amendment Act 1991 Section 55(2)(a) substituted 18 November 1991 section 26(2) Immigration Amendment Act 1991 Section 55(2)(b) substituted 18 November 1991 section 26(2) Immigration Amendment Act 1991
56: Service of removal order
1: Except where section 141C(d)
2: A removal order may be served at any reasonable time by day or night. Section 56 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 56(1) amended 18 November 1991 section 23(2) Immigration Amendment Act 1991 Section 56(4)(a) substituted 18 November 1991 section 23(2) Immigration Amendment Act 1991 Section 56(4)(b) substituted 18 November 1991 section 23(2) Immigration Amendment Act 1991
57: Currency of removal order once served
1: A removal order is in force from the time at which it is served, and remains in force until the expiry of 5 years after the date the person named in it is removed from New Zealand, unless it is cancelled before then under section 58
2: Despite subsection (1), a removal order made in respect of a person who is under 17 years of age at the date the order is made remains in force in respect of that person only until the person is removed from New Zealand. Section 57 substituted 1 October 1999 section 34 Immigration Amendment Act 1999
58: Cancellation of removal order
1: An immigration officer who has been designated by the chief executive for the purpose of making removal orders under section 54
2: The cancellation endorsement serves as a direction to any person who may be detaining the person in custody in reliance on the order to release the person from custody immediately.
3: An immigration officer who cancels a removal order must ensure that any person who is detaining the person named in the order in reliance on this Part releases the person immediately.
4: In the case of a person who has already been removed from or has left New Zealand, an immigration officer of the type referred to in subsection (1) may cancel a removal order by sending the person named in it a notice to that effect in the prescribed form.
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)
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
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. Section 58 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 58(1)(a)(i) amended 1 November 1989 section 449 Children, Young Persons, and Their Families Act 1989 Section 58(2)(a)(i) amended 1 November 1989 section 449 Children, Young Persons, and Their Families Act 1989 Section 58(2)(b) amended 18 November 1991 section 23(2) Immigration Amendment Act 1991 Section 58(5) substituted 17 November 2009 section 476 Immigration Act 2009 Section 58(6) added 17 November 2009 section 476 Immigration Act 2009 Section 58(7) added 17 November 2009 section 476 Immigration Act 2009 Section 58(8) added 17 November 2009 section 476 Immigration Act 2009
59: Execution of removal order
1: Any member of the Police may arrest without warrant a person on whom a removal order has been served and detain that person in accordance with this section.
2: The purpose of arrest and detention under this section is to execute the removal order by placing the person on a craft that is leaving New Zealand.
3: A person arrested and detained under this section may be detained for up to 72 hours without further authority than this section pending their placement on a craft that is leaving New Zealand.
4: Once the person has been placed on a craft that is leaving New Zealand, a member of the Police may make appropriate arrangements to ensure that the person does not leave the craft before it leaves New Zealand, and may continue to detain the person on board the craft for that purpose.
5: Where a person under 17 years of age who is not married or in a civil union
6: If no such agreement is arrived at, in making the travelling arrangements for the person the immigration officer must consult with and have regard to the advice of—
a: the responsible adult nominated in respect of that person in accordance with section 141B
b: if that is not possible or practicable, the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989 Section 59 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 59 substituted 18 November 1991 section 27 Immigration Amendment 1991 Section 59(5) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 59(6)(b) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999
60: Release or extended detention if craft unavailable, etc, within 72-hour period
1: Where a person is arrested and detained under section 59
a: no craft will be available within the 72-hour period specified in that section; or
b: a craft that was available is no longer available; or
c: it is not practicable for the person to be placed on a craft within the 72-hour period; or
d: for some other reason the person is unable to leave New Zealand within the 72-hour period,— then, unless the person is released, an immigration officer must arrange for the person to be brought before a District Court Judge for the purpose of obtaining a warrant of commitment.
2: Subject to any extension of it under subsection (4) or subsection (6A), a warrant
3: A Judge may issue a warrant of commitment on the application of an immigration officer if satisfied on the balance of probabilities that the person in custody is the person named in the removal order and that any 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 practical difficulties that meant that the person could not be placed on an available craft within 72 hours 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 within the 72-hour period are still in existence and are likely to remain in existence, but not for an unreasonable period:
d: in all the circumstances it is in the public interest to make a warrant of commitment.
4: If at the expiry of a warrant of commitment made under this section the person has still not left New Zealand, then, unless released, the person must be again brought before a Judge for an extension of the warrant of commitment, in which case subsections (2) and (3) (and, if appropriate, subsection (6A))
5: If a person is brought before a Judge under subsection (4) for a second or subsequent time the Judge may, where it seems likely that the detention may need to be extended a number of times, and where satisfied that the person is unlikely to abscond otherwise than by leaving New Zealand, instead of extending the warrant of commitment for a further period of up to 7 days, order that the person be released subject to—
a: such conditions as to the person's place of residence or as to reporting at specified intervals to an office of the Department of Labour or a Police station as the Judge think fits; and
b: such other conditions as the Judge may think fit to impose for the purpose of ensuring compliance with the residence and reporting conditions.
6: Unless the Judge considers that there are exceptional circumstances that justify the person's release, a Judge may not order the release of a person under subsection (5) if—
a: the person is currently a refugee status claimant who claimed refugee status only after the removal order was served; or
b: 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 removal order was served.
6A: Where a Judge determines not to order the release of a person to whom subsection (6) applies, the Judge may—
a: extend the warrant of commitment for a further period of up to 30 days, in which case—
i: the warrant authorises the detention of the person named in it for the period specified in the extension of the warrant; and
ii: subsections (3) to (6) and this subsection apply at the expiry of the extension of the warrant; and
b: make any orders and give any directions that the Judge thinks fit.
7: No person may be detained under 1 or more warrants of commitment under this Part for a consecutive period of more than 3 months, unless the person is a person to whom subsection (6) applies.
8: In making any decision under this section a Judge is to seek to achieve an outcome that ensures a high level of compliance with immigration laws.
9: No release of a person under this section in any way affects their liability for later detention and removal. Section 60 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 60(1) substituted 18 November 1991 section 28(1) Immigration Amendment 1991 Section 60(4) substituted 18 November 1991 section 28(2) Immigration Amendment 1991 Section 60(5) substituted 18 November 1991 section 28(2) Immigration Amendment 1991 Section 60(6) amended 18 November 1991 section 28(3) Immigration Amendment 1991 Section 60(2) amended 9 September 2003 section 16(1) Immigration Amendment Act (No 2) 2003 Section 60(4) amended 9 September 2003 section 16(2) Immigration Amendment Act (No 2) 2003 Section 60(6) substituted 9 September 2003 section 16(3) Immigration Amendment Act (No 2) 2003 Section 60(6A) inserted 9 September 2003 section 16(3) Immigration Amendment Act (No 2) 2003 Section 60(7) substituted 9 September 2003 section 16(3) Immigration Amendment Act (No 2) 2003
61: Release from prison into immigration detention
If a person who has been served with a removal order—
a: is held in a prison
b: is due to be released from that imprisonment,— then, on the request of any member of the Police who indicates an intention to execute the removal order under section 59 section 59 Section 61 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 61 amended 18 November 1991 section 29(1) Immigration Amendment 1991 Section 61(e) substituted 18 November 1991 section 29(2) Immigration Amendment 1991 Section 61(f) substituted 18 November 1991 section 29(2) Immigration Amendment 1991 Section 61(g) inserted 18 November 1991 section 29(2) Immigration Amendment 1991 Section 61(a) amended 1 June 2005 section 206 Corrections Act 2004
62: Form of custody
1: Every person who is placed in custody under section 59
a: in the case of a person under 17 years of age who is not married or in a civil union
i: any residence (within the meaning of section 2(1) chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989
ii: any other premises agreed to by an immigration officer and by the parent or guardian of the person, or the adult nominated under section 141B
b: in any other case, in—
i: premises approved by the chief executive; or
ii: a Police station.
2: Every person who is to be detained in custody pursuant to a warrant of commitment made under section 60
a: in a prison
b: in any other premises approved for the purpose by the Judge before whom the person is brought.
3: Section 62 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 62(1) amended 18 November 1991 section 30(1) Immigration Amendment 1991 Section 62(2) amended 18 November 1991 section 30(2) Immigration Amendment 1991 Section 62(3)(b) inserted 18 November 1991 section 30(3) Immigration Amendment 1991 Section 62(3)(c) inserted 18 November 1991 section 30(3) Immigration Amendment 1991 Section 62(3)(d) inserted 18 November 1991 section 30(3) Immigration Amendment 1991 Section 62(1)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 62(1)(a)(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 62(2)(a) amended 1 June 2005 section 206 Corrections Act 2004 Section 62(3) repealed 1 June 2005 section 206 Corrections Act 2004
63: Removal where temporary permit granted for purposes of Mutual Assistance in Criminal Matters Act 1992
1: This section applies to a person who is in New Zealand unlawfully by reason of the expiry of a temporary permit that was granted to the person subject to the condition under section 27A(2)
2: Such a person cannot appeal to the Removal Review Authority under section 47
3: Unless a person to whom this section applies leaves New Zealand voluntarily within 7 days of becoming unlawfully in New Zealand, a removal order may be made, served, and executed in respect of that person at any time following the expiry of that 7-day period. Section 63 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 63 substituted 18 November 1991 section 31 Immigration Amendment Act 1991
63A: Appeal to Removal Review Authority on facts
Section 63A substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 63A inserted 18 November 1991 section 31 Immigration Amendment Act 1991
63B: Appeal to Removal Review Authority on humanitarian grounds
Section 63B substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 63B inserted 18 November 1991 section 31 Immigration Amendment Act 1991
63C: Procedure in appeals on facts
Section 63C substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 63C inserted 18 November 1991 section 31 Immigration Amendment Act 1991
63D: Procedure in appeals on humanitarian grounds
Section 63D substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 63D inserted 18 November 1991 section 31 Immigration Amendment Act 1991
63E: Cancellation of removal order
Section 63E substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 63E inserted 18 November 1991 section 31 Immigration Amendment Act 1991 Powers of immigration officers in relation to persons suspected of being in New Zealand unlawfully
64: Power to require production of certain information by departments of State and other bodies
1: Where an immigration officer has good cause to suspect that—
a: a particular person is in New Zealand unlawfully; or
b: particular premises are being occupied or have been occupied (whether for residential purposes or otherwise) by a person who is in New Zealand unlawfully,— the officer may prepare a certificate in the prescribed form to that effect.
2: A certificate prepared under subsection (1)(a) may, where the immigration officer believes that the person concerned may be using 1 or more aliases, include any such alias.
3: On production by an immigration officer of a certificate prepared under subsection (1), an officer or employee of any department of State or other body specified in the first column of Schedule 1
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: Where, in respect of any department of State or other body specified in the first column of Schedule 1
5: Subsection (3) applies notwithstanding 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. Section 64 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 64 substituted 18 November 1991 section 31 Immigration Amendment Act 1991
65: Power to require surrender of documents from suspected person
Section 65 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 65 substituted 18 November 1991 section 31 Immigration Amendment Act 1991 Section 65 repealed 18 June 2002 section 13(2) Immigration Amendment Act 2002
66: Power to require surrender of documents from third party
1: Where a person has refused or failed to surrender a passport or certificate of identity under section 65
2: A person who fails without reasonable excuse to comply with a request made under subsection (1) commits an offence against this Act
3: If the third party surrenders any document under this section then no action against that person lies in any court in respect of that surrender, notwithstanding anything in any other Act or rule of law. Section 66 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 66 substituted 18 November 1991 section 31 Immigration Amendment Act 1991
67: Use and return of surrendered material
1: Any document or other material surrendered to an immigration officer under section 65 section 66
a: confirming the identity of the suspected person:
b: confirming the immigration status of the suspected person:
c: effecting the removal of the suspected person from New Zealand if a removal order is made and served:
d: proceedings before an Authority, the Board,
2: The document or other material must be returned to the suspected person or the person who surrendered it—
a: if the immigration officer becomes satisfied that the suspected person is not unlawfully in New Zealand; or
b: the purpose for which it was surrendered has been served; or
c: on the removal of the person from New Zealand, to the extent that it has not been used in effecting that removal and is still available to be returned,— unless the document or other material is known to be the property of some third party, in which case the document or material may be provided to that third party. Section 67 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 67(1) amended 18 November 1991 section 23(2) Immigration Amendment Act 1991 Section 67(1)(d) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Transitional provisions
68: Matters may be completed under former Part 2
The repeal of the former Part 2 section 34 Part 2 section 69 Section 68 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 68(1) amended 18 November 1991 section 23(2) Immigration Amendment 1991
69: Existing removal orders
1: Where a removal order has been served on a person at any time before 1 October 1999,—
a: the person may exercise any rights of appeal conferred on that person by sections 63A 63B
b: those sections, and any other relevant sections as in force before that date, continue to apply to any such appeal as if they were still in force.
2: Where a removal order has been served on a person at any time before 1 October 1999, and either—
a: that person has not exercised or does not exercise any right of appeal conferred on that person by section 63A section 63B
b: that person has unsuccessfully exhausted any appeal rights under those sections,— the person is then liable to be removed from New Zealand under this Part (as enacted by section 34 section 47 Section 69 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 69(1) amended 18 November 1991 section 23(2) Immigration Amendment 1991 Section 69(2) amended 18 November 1991 section 23(2) Immigration Amendment 1991
70: Persons unlawfully in New Zealand as at 1 October 1999
1: This section applies to any person who is in New Zealand unlawfully immediately before 1 October 1999 and in respect of whom a removal order is not in force at that time.
2: This section ceases to apply to a person once the person leaves New Zealand.
3: The provisions of this Part (as substituted by section 34
a: the person may appeal to the Removal Review Authority under section 47
b: if before 19 August 2000 an immigration officer serves a notice in the prescribed form on the person that the person is obliged to leave New Zealand or appeal to the Removal Review Authority under section 47
i: the person may appeal under section 47
ii: if the person fails to appeal within 42 days after being served with the notice (or if any appeal made is unsuccessful, and section 53(1)(b) and the provisions of this Part apply accordingly with any necessary modifications:
c: at any time on or after 1 October 2000, the person may be the subject of a removal order, and is liable to be removed from New Zealand under this Part, unless—
i: the person has at the time an appeal pending under section 47
ii: the person is at the time no longer unlawfully in New Zealand.
4: The chief executive of the Department of Labour must communicate the obligation on persons to whom this section applies to leave New Zealand, and the implications for persons who do not meet the obligation, in such a way that a reasonable opportunity is created for all persons to whom this section applies to know about the obligation and its implications.
5: Any notice given under subsection (3)(b) must inform the person of the implications of not leaving New Zealand or not appealing under section 47 Section 70 substituted 1 October 1999 section 34 Immigration Amendment Act 1999 Section 70(1) amended 18 November 1991 section 23(2) Immigration Amendment 1991 Section 70(2) amended 18 November 1991 section 23(2) Immigration Amendment 1991
71: Transitional provisions
Section 70 substituted 1 October 1999 section 34 Immigration Amendment Act 1999
3: Deportation of persons threatening national security, and suspected terrorists
72: Persons threatening national security
Where the Minister certifies that the continued presence in New Zealand of any person named in the certificate constitutes a threat to national security, the Governor-General may, by Order in Council, order the deportation from New Zealand of that person.
73: Suspected terrorists
1: The Minister may, by order signed by the Minister, order the deportation from New Zealand of any person where the Minister has reason to believe—
a: that the person is a member of or adheres to any organisation or group of persons that has engaged in, or has claimed responsibility for, an act of terrorism in New Zealand; or
b: that the person has engaged in, or claimed responsibility for, an act of terrorism in New Zealand; or
c: that the person—
i: is a member of or adheres to any organisation or group of persons that has engaged in, or has claimed responsibility for, an act of terrorism outside New Zealand; or
ii: has engaged in, or claimed responsibility for, an act of terrorism outside New Zealand— and that, by reason thereof, or for any other reason, that person's continued presence in New Zealand constitutes a threat to public safety; or
d: that the person will, if permitted to remain in New Zealand, engage in, or facilitate the commission of, any act of terrorism.
2: The Minister may at any time revoke a deportation order made under this section.
74: Certain matters to be specified in deportation order
1: Every deportation order made under section 72
2: Every deportation order made under section 73
a: shall state the provision pursuant to which it is made; and
b: shall state the ground or grounds on which it is made; and
c: shall include notice of the right of appeal conferred by section 81
75: Suspect may be arrested pending making of deportation order
1: Where a member of the Police believes on reasonable grounds that a person (in this section referred to as the suspected person) is a person to whom any of paragraphs (a) to (d) of subsection (1) of section 73
2: Every person who is arrested under this section shall be brought before a District Court Judge as soon as possible, and shall in no case be detained for more than 48 hours unless, within that period, a District Court Judge issues a warrant of commitment under section 79
3: If, in respect of any person who is placed in custody under this section and in respect of whom no warrant of commitment has been issued, the Minister decides not to make a deportation order, the person shall be released from custody forthwith.
76: Currency of deportation order
Every deportation order made under section 72 section 73 section 77
77: Service of deportation order
1: A deportation order made under section 72 section 73
2: At any time after a deportation order has been served on any person under subsection (1)
a: require the person on whom the order is served to produce for inspection by the immigration officer that person's passport or certificate of identity:
b: where possession of any document referred to in paragraph (a) of this subsection is required by the immigration officer for any travel booking or otherwise for the purpose of effecting the person's deportation from New Zealand, require the person on whom the order is served to surrender to the immigration officer, or to give to the officer written authority to uplift from any other person, any such document:
c: require the person to surrender to the immigration officer, or to give to the officer written authority to uplift from any other person, any travel tickets, or cash or security in lieu of travel tickets, held by or on behalf of that person.
3: On producing a written authority given under paragraph (b) or paragraph (c) of subsection (2) of this section, an immigration officer may require any person named in the authority to surrender the document, or the travel tickets or cash or security in lieu of travel tickets, to which the authority relates, and that person shall surrender the document or the tickets or cash or security accordingly notwithstanding anything in any other Act or any rule of law.
4: Any travel tickets or cash or security in lieu of travel tickets surrendered to an immigration officer under subsection (2)(c) or subsection (3) of this section may be used by the Crown in or towards effecting the deportation of the person from New Zealand, and, to the extent that they are not so used, shall be returned to the person on that person's departure from New Zealand, or, where appropriate, on the revocation or quashing of the deportation order.
78: Arrest of person subject to deportation order
1: Any person in respect of whom a deportation order has been made under section 72 section 73
2: Where any person is arrested under subsection (1) of this section before the deportation order has been served on that person, the deportation order shall be served on that person as soon as possible.
3: Every person who is arrested under this section shall be brought before a District Court Judge as soon as possible, and shall in no case be detained for more than 48 hours unless, within that period, a District Court Judge issues a warrant of commitment under section 79
79: Powers of District Court Judge in relation to persons in custody
1: Every person who is taken into custody under section 75 78
2: Where any person is brought before a District Court Judge under subsection (1) of this section, the following provisions shall apply:
a: the Judge shall, if satisfied on the balance of probabilities that the person is not the person named in the deportation order, order that the person be released from custody forthwith:
b: except in a case to which paragraph (a) of this subsection applies, the Judge shall—
i: issue a warrant of commitment in the prescribed form for the detention of the person; or
ii: if satisfied that the release of the person would not be contrary to the public interest, order that the person be released on conditions in accordance with subsection (4) of this section, pending the person's deportation from New Zealand or an order of the High Court under section 84
3: Every warrant of commitment issued under this section shall authorise the person to whom it is addressed to detain the person named in it until—
a: required by a member of the Police to deliver up that person in accordance with section 85
b: ordered by a District Court Judge under subsection (9)(a) of this section to release that person; or
c: ordered by the High Court or a Judge of the High Court to release that person.
4: Any order for the release of any person under subsection (2)(b) of this section shall be conditional upon the person residing at a specified address and reporting to a Police station, at intervals of not more than 7 days, on such days and at such times and in such manner as the Judge may specify, and may be subject to such other conditions as the Judge may think fit to impose.
5: Any condition imposed under subsection (4) of this section may be varied at any time by a District Court Judge on the application of a member of the Police or the person released, after hearing both parties or having allowed such opportunity for both parties to be heard as seems reasonable in all the circumstances, and any such condition shall take effect as so varied.
6: Any conditions imposed on a person under subsection (4) of this section, and any variation of such conditions under subsection (5) of this section, shall be notified in writing to the person on that person's release or, as the case may require, as soon as possible after the variation is made, and the written notice shall—
a: specify the address at which the person is to reside; and
b: set out any reporting or other conditions imposed; and
c: include a warning that, if the person fails to reside at the specified address or breaches any reporting or other condition, the person is liable to be arrested without warrant and placed in custody.
7: A breach of any condition imposed under subsection (4) of this section, or varied under subsection (5) of this section, shall nullify the order for release, and thereafter the person is liable to be arrested by any member of the Police without warrant and placed in custody.
8: Every person who is arrested under subsection (7) of this section shall be brought before a District Court Judge as soon as possible (and in no case later than 48 hours after the person was arrested), and the Judge shall, if satisfied of the breach, issue a warrant of commitment in the prescribed form for the detention of that person in custody pending that person's deportation from New Zealand.
9: Where, in respect of any person arrested under section 75
a: if the person is in custody, a District Court Judge (or, where no Judge is available, the Registrar) shall order that person's release from custody forthwith:
b: if the person was released on conditions, the Judge (or Registrar) shall order that the person shall cease to be bound by those conditions, and the Registrar shall forthwith notify the person accordingly.
10: Any conditions imposed on any person in accordance with this section shall lapse, and the person shall cease to be bound by them, when the person leaves New Zealand.
80: Form of custody
1: Every person who is placed in custody under section 75 section 78 section 79(7) section 79(1)
2: Every person who is to be detained in custody pursuant to a warrant of commitment issued under section 79 prison Section 80(2) amended 1 June 2005 section 206 Corrections Act 2004
81: Appeal to High Court against deportation order
1: Any person in respect of whom a deportation order made under section 73
2: Every such appeal shall be brought within 21 days after the day on which the order is served on the person named in it.
3: On any appeal under this section, the High Court may confirm or quash the deportation order, as it thinks fit.
4:
5: The decision of the High Court on any appeal under this section shall be final and conclusive.
6: Except as expressly provided in this section or in regulations made under this Act, the High Court may regulate its procedure on any appeal under this section in such manner as it thinks fit. Section 81(4) repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991
82: Powers of Judge to protect security
1: Without limiting the generality of subsection (6) of section 81
a: an order forbidding publication of any report or account of the whole or any part of—
i: the evidence adduced; or
ii: the submissions made:
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: an order excluding all or any persons other than the appellant, the respondent, any barrister or solicitor engaged in the proceedings, and any officer of the Court from the whole or any part of the proceedings.
2: For the purposes of subsection (1) of this section, security
3: Any order made under paragraph (a) or paragraph (b) of subsection (1) of this section—
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 Court; and
c: if it is made permanently, may be reviewed by the Court at any time.
4: The breach of any order made under subsection (1) of this section, or any evasion or attempted evasion of it, may be dealt with as contempt of Court.
5: Nothing in this section shall limit—
a: any other power of the Court to hear proceedings in private or to exclude any person from the Court or to punish any contempt of Court; or
b: the provisions of any other enactment relating to the prohibition or regulation of the publication of reports or particulars relating to judicial proceedings.
83: Deportation order not to be executed pending appeal, etc
1: No deportation order made under section 73
a: except at the request of the person named in the order,—
i: within 21 days after it is served on the person to whom it applies; or
ii: while any appeal under section 81
b: Subject to section 55 prison
2: For the purposes of subsection (1) of this section, an appeal is pending from the time when it is lodged until the time when the decision on the appeal is notified to the appellant, or (where appropriate) the time when the appellant withdraws the appeal. Section 83(1)(b) amended 1 September 1993 section 52 Criminal Justice Amendment Act 1993 Section 83(1)(b) amended 30 June 2002 section 125 Parole Act 2002 Section 83(1)(b) amended 1 June 2005 section 206 Corrections Act 2004
84: Procedure where appeal successful
In any case where, on an appeal under section 81 section 79
85: Execution of deportation order where deportee in custody pursuant to warrant of commitment
1: This section applies to any person in respect of whom a deportation order made under section 72 section 73 section 79
2: Subject to section 83 manager prison
3: If, for any reason, that craft ceases to be available to take that person from New Zealand or is, or is likely to be, delayed in New Zealand for more than 24 hours, or if for any other reason the person is unable to leave New Zealand at the expected time, the person shall be returned to the custody of the manager Section 85(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 85(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 85(3) amended 1 June 2005 section 206 Corrections Act 2004
86: Execution of deportation order where deportee serving sentence in
prison
1: This section applies to any person in respect of whom a deportation order made under section 72 section 73 prison
2: Subject to section 83 manager prison
a: if a craft is available within 24 hours to take the person from New Zealand, and it is practicable in all the circumstances for the person to leave on that craft, escort the person, or arrange for the person to be escorted, to the seaport or airport and ensure that the person is placed upon the craft and detained there until the craft leaves New Zealand; or
b: if no craft is available within 24 hours to take the person from New Zealand, or if the craft that was so available ceases to be so available or is, or is likely to be, delayed in New Zealand for more than 24 hours, or if for any other reason the person is unable to leave New Zealand at the expected time, bring the person before a District Court Judge, in which case the provisions of section 79 Section 86 heading amended 1 June 2005 section 206 Corrections Act 2004 Section 86(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 86(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 86(2) amended 1 June 2005 section 206 Corrections Act 2004
87: Execution of deportation order where deportee not in custody
1: This section applies to any person in respect of whom a deportation order made under section 72 section 73
2: Subject to section 83
3: If, for any reason, the craft ceases to be available to take the person from New Zealand within the period of 72 hours or the craft is, or is likely to be, delayed beyond that period, or if for any other reason the person is unable to leave New Zealand at the expected time, the person shall either be released from custody or be brought before a District Court Judge, in which latter case the provisions of section 79
4: Any person who is released under subsection (3) of this section, or has been released on conditions in accordance with section 79 section 85
88: Permit deemed cancelled where holder deported
Where the holder of any permit is deported under this Part of this Act, the permit, and any returning resident's visa held by the holder of the permit, shall be deemed to be cancelled. Transitional provisions
89: Deportation orders made by Minister under previous Act
1: This section applies to every order signed by the Minister, at any time before the commencement of this Act, under section 22(3) of the Immigration Act 1964
2: Every order to which this section applies shall be deemed for the purposes of this Act and section 55
3: If any order to which this section applies, or a copy of any such order, or written notice of the making of any such order, was served before the commencement of this Act on the person in respect of whom the order was made, the following provisions shall apply:
a: the order shall be deemed to have been served under and in accordance with section 77
b: where any appeal under section 22G of the Immigration Act 1964 section 81
c: where the order, copy, or notice was served more than 28 days before the commencement of this Act and no appeal was brought under section 22G of the Immigration Act 1964 section 81
d: where the order, copy, or notice was served less than 28 days before the commencement of this Act and no appeal was brought under section 22G of the Immigration Act 1964 section 81 Section 89(2) amended 1 September 1993 section 52 Criminal Justice Amendment Act 1993 Section 89(2) amended 30 June 2002 section 125 Parole Act 2002
90: Persons ordered to leave New Zealand pursuant to Order in Council under previous Act
1: This section applies to every Order in Council made at any time before the commencement of this Act under section 22(2) of the Immigration Act 1964
2: Every Order in Council to which this section applies shall be deemed for the purposes of this Act and section 55 section 72
3: If any order to which this section applies, or a copy of any such order, or written notice of the making of any such order, was served before the commencement of this Act on the person in respect of whom the order was made, the order shall be deemed to have been served under and in accordance with section 77 Section 90(2) amended 1 September 1993 section 52 Criminal Justice Amendment Act 1993 Section 90(2) amended 30 June 2002 section 125 Parole Act 2002
4: Deportation of criminal offenders
91: Deportation of holders of residence permits following conviction
1: Subject to sections 93 , 93A 112
a: is convicted (whether in New Zealand or not) of an offence committed at any time when that person was in New Zealand unlawfully or was the holder of a temporary permit or was exempt under this Act from the requirement to hold a permit, or within 2 years after that person is first granted a residence permit, being an offence for which the Court has power to impose imprisonment for a term of 3 months or more; or
b: is convicted (whether in New Zealand or not) of 2 offences committed within 5 years after that person is first granted a residence permit, each of those offences being an offence for which the Court has power to impose imprisonment for a term of 12 months or more; or
c: is convicted (whether in New Zealand or not) of an offence committed within 5 years after that person is first granted a residence permit and is 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
ca: is convicted of an offence against section 39(1) section 39A(1)
d: is convicted (whether in New Zealand or not) of an offence committed within 10 years after that person is first granted a residence permit and is sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more.
2: For the purposes of this section , 93A 112
a: on the first occasion on which that person is granted such a permit; or
b: if that person is granted such a permit on any subsequent occasion following a continuous period of absence from New Zealand of at least 5 years, on the last such subsequent occasion.
3: For the purposes of this section and section 112(1) subsection (1) of section 44
a: on the first occasion on which that person entered New Zealand lawfully for the purpose of permanent residence; or
b: if that person entered New Zealand lawfully for that purpose on any subsequent occasion following a continuous period of absence from New Zealand of at least 5 years, on the last such subsequent occasion.
4: The periods of 2 years prescribed by paragraph (a) of subsection (1) of this section, 5 years prescribed by paragraphs (b) and (c) of that subsection, and 10 years prescribed by paragraph (d) of that subsection shall be reckoned, in relation to any person, exclusive of any time spent by that person in prison following conviction for any offence.
5: The provisions of this section shall apply, in relation to the holder of a residence permit,—
a: whether that person is first granted a permit after the commencement of this Act or was first granted a permit before that commencement; and
b: whether any relevant offence was committed by that person before or after the commencement of this Act, and whether that person was convicted of such an offence before or after the commencement of this Act.
6: Paragraphs (c) and (d) of subsection (1) of this section 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.
7: The Minister may at any time revoke a deportation order made under this section. Section 91(1) amended 17 December 2002 section 53 Victims' Rights Act 2002 Section 91(1)(ca) inserted 18 June 2002 section 6 Immigration Amendment Act 2002 Section 91(2) amended 17 December 2002 section 53 Victims' Rights Act 2002
92: Deportation of exempt persons following conviction
1: In this section, exempt person
a: by virtue of any of the provisions of paragraphs (b) to (e) of section 11(1)
b: by virtue of an exemption under section 12
2: Subject to section 93 , 93A 112
a: is convicted (whether in New Zealand or not) of an offence committed within 2 years after that person first arrives in New Zealand, being an offence for which the Court has power to impose imprisonment for a term of 3 months or more; or
b: is convicted (whether in New Zealand or not) of 2 offences committed within 5 years after that person first arrives in New Zealand, each of those offences being an offence for which the Court has power to impose imprisonment for a term of 12 months or more; or
c: is convicted (whether in New Zealand or not) of an offence committed within 5 years after that person first arrives in New Zealand and is 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
ca: is convicted of an offence against section 39(1) section 39A(1)
d: is convicted (whether in New Zealand or not) of an offence committed within 10 years after that person first arrives in New Zealand and is sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more.
3: For the purposes of this section and section 112(2)
a: on the first occasion on which that person arrives in New Zealand; or
b: if that person arrives in New Zealand on any subsequent occasion following a continuous period of absence from New Zealand of at least 5 years, on the last such subsequent occasion.
4: The periods of 2 years prescribed by paragraph (a) of subsection (2) of this section, 5 years prescribed by paragraphs (b) and (c) of that subsection, and 10 years prescribed by paragraph (d) of that subsection shall be reckoned, in relation to any exempt person, exclusive of any time spent by that person in prison following conviction for any offence.
5: The provisions of this section shall apply, in relation to an exempt person,—
a: whether that person first arrives in New Zealand after the commencement of this Act or first arrived in New Zealand before that commencement, and whether or not that person was, at the time of arrival, an exempt person; and
b: whether any relevant offence was committed by that person before or after the commencement of this Act, and whether that person was convicted of such an offence before or after the commencement of this Act.
6: Paragraphs (c) and (d) of subsection (2) of this section 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.
7: The Minister may at any time revoke a deportation order made under this section. Section 92(2) amended 17 December 2002 section 53 Victims' Rights Act 2002 Section 92(2)(ca) inserted 18 June 2002 section 7 Immigration Amendment Act 2002
93: No deportation order after certain lapse of time
1: Subject to subsection (2) of this section, no deportation order may be made under section 91 section 92
a: where the person is sentenced to imprisonment for a single offence that renders the person liable to deportation, the date on which the person is released from imprisonment; or
b: where the person is not so sentenced, the date on which the person is convicted of the offence that renders the person liable to deportation; or
c: where the person is convicted of 2 offences that together render that person liable to deportation, the latest of the following dates:
i: the date on which the person is convicted of the earlier offence:
ii: the date on which the person is convicted of the later offence:
iii: the date on which the person is released from imprisonment in respect of the earlier offence:
iv: the date on which the person is released from imprisonment in respect of the later offence.
2: Where, before the expiry of the period of 6 months referred to in subsection (1) of this section, the person is sentenced to imprisonment in respect of any further offence or offences, subsection (1) of this section shall apply as if the further offence or offences were the offence or offences that rendered the person liable to deportation.
93A: Right of victims to make submissions on making of deportation order
1: In determining whether to make a deportation order under section 91 section 92
2: The Minister must, on a request for the purpose, make available to a solicitor or counsel who is acting for a person who would be the subject of the order (if any) a copy of all written submissions made by the victim.
3: The Minister, or a solicitor or counsel 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 is not entitled to keep a copy of any of those submissions.
4: Despite subsections (2) and (3), the Minister may withhold from the person and every solicitor or counsel acting for the person (if any) any part of the victim's written submissions if, in the Minister's opinion, that withholding of the 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 Section 93A inserted 17 December 2002 section 53 Victims' Rights Act 2002
94: Certain matters to be specified in deportation order
Every deportation order made under section 91 section 92
a: shall state the provision pursuant to which it is made; and
b: shall state the ground or grounds on which it is made; and
c: shall include notice of the right of appeal conferred by section 104
95: Currency of deportation order
Every deportation order made under section 91 section 92 section 96
96: Service of deportation order
1: A deportation order made under section 91 section 92
2: At any time after a deportation order has been served under subsection (1) of this section, an immigration officer may do all or any of the following things:
a: require the person on whom the order is served to produce for inspection by the immigration officer that person's passport or certificate of identity:
b: where possession of any document referred to in paragraph (a) of this subsection is required by the immigration officer for any travel booking or otherwise for the purpose of effecting that person's deportation from New Zealand, require the person on whom the order is served to surrender to the immigration officer, or to give to the officer written authority to uplift from any other person, any such document:
c: require that person to surrender to the immigration officer, or to give to the officer written authority to uplift from any other person, any travel tickets, or cash or security in lieu of travel tickets, held by or on behalf of that person.
3: On producing a written authority given under paragraph (b) or paragraph (c) of subsection (2) of this section, an immigration officer may require any person named in the authority to surrender the document, or the travel tickets or cash or security in lieu of travel tickets, to which the authority relates, and that person shall surrender the document or the tickets or cash or security accordingly notwithstanding anything in any other Act or any rule of law.
4: Any travel tickets or cash or security in lieu of travel tickets surrendered to an immigration officer under subsection (2)(c) or subsection (3) of this section may be used by the Crown in or towards effecting the deportation of the person from New Zealand, and, to the extent that they are not so used, shall be returned to the person on the person's departure from New Zealand, or, where appropriate, on the revocation or quashing of the deportation order.
97: Arrest of person subject to deportation order
1: Any person in respect of whom a deportation order has been made under section 91 section 92
2: Where any person is arrested under subsection (1) of this section before the deportation order has been served on that person, the deportation order shall be served on that person as soon as possible.
3: Every person who is arrested under this section shall be brought before a District Court Judge as soon as possible, and shall in no case be detained for more than 48 hours unless, within that period, a District Court Judge issues a warrant of commitment under section 99
98: Person not in custody may be subject to residence and reporting requirements pending deportation
1: Without limiting section 97 section 91 section 92
a: specify a place at which the deportee agrees to reside pending deportation from New Zealand:
b: report to a Police station on such days and at such times and in such manner as the member of the Police may specify.
2: A member of the Police may at any time vary any residence or reporting requirements under subsection (1) of this section—
a: at the request of the deportee, by altering the place at which the deportee has agreed to reside; or
b: by altering or cancelling any requirement to report to a Police station.
3: The imposition or variation of any residence or reporting requirements under this section shall be by written notice to the deportee, which notice shall—
a: specify the address of the place at which the deportee has agreed to reside; and
b: list any reporting requirements made under subsection (1)(b) or subsection (2)(b) of this section; and
c: include a warning that, if the deportee fails to reside at the specified place or breaches any reporting requirement, the deportee is liable to be arrested without warrant and placed in custody.
4: If the deportee—
a: fails, when required by a member of the Police under subsection (1) of this section, to specify a place at which the deportee agrees to reside; or
b: when so required, specifies a place that, on reasonable grounds, is unacceptable to the member of the Police; or
c: without reasonable excuse, fails to reside at the place specified in a written notice given under subsection (3) of this section, or to comply with any reporting requirement set out in such a notice,— the deportee is liable to be arrested by any member of the Police without warrant and placed in custody.
5: Every person who is arrested under subsection (4) of this section shall be brought before a District Court Judge as soon as possible, and shall in no case be detained for more than 48 hours unless, within that period, a District Court Judge issues a warrant of commitment under section 99
6: Where a deportee who is subject to residence or reporting requirements under this section leaves New Zealand, those requirements shall lapse and the deportee shall cease to be bound by them.
99: Powers of District Court Judge in relation to deportee in custody
1: Every person who is arrested under section 97 section 98 section 101
2: Where any person is brought before a District Court Judge under subsection (1) of this section, the following provisions shall apply:
a: if satisfied on the balance of probabilities that the person is not the person named in the deportation order, the Judge shall order that the person be released from custody forthwith:
b: except in a case to which paragraph (a) of this subsection applies, the Judge may issue a warrant of commitment in the prescribed form for the detention in custody of that person if, and only if, the Judge is satisfied on the balance of probabilities that the person is likely to abscond otherwise than by leaving New Zealand:
c: if the Judge does not release the person under paragraph (a) of this subsection, or issue a warrant of commitment under paragraph (b) of this subsection, the Judge shall order that the person be released on conditions in accordance with section 101
100: Persons detained pursuant to warrant of commitment
1: Every warrant of commitment issued under section 99(2)(b) section 108 section 107(a)
2: Where a person—
a: is detained in custody pursuant to a warrant of commitment issued under section 99
b: is not deported from New Zealand within 28 days after the date on which the warrant of commitment was issued,— the person shall again be brought before a District Court Judge, who shall consider the question of that person's continued custody or release.
3: Thereafter, while the person remains in custody, the person shall be brought before a District Court Judge at intervals of not more than 7 days for further consideration of that question.
4: If, in any case to which subsection (2) or subsection (3) of this section applies, the Judge considers that—
a: there appears likely to be further delay in completing any proceedings then pending in respect of the deportation order or (as the case may require) in executing the order; and
b: such delay is in no way attributable to any default by the person to whom the deportation order applies or to any other person acting on that person's behalf; and
c: that person is unlikely to abscond otherwise than by leaving New Zealand,— the Judge may order that the person be released on conditions in accordance with section 101
101: Persons not detained pursuant to warrant of commitment to be released on conditions pending deportation
1: Any order for the release of a person under section 99(2)(c) section 100(4)
2: Any condition imposed under subsection (1) of this section may be varied at any time by a District Court Judge on the application of a member of the Police or the person released, after hearing both parties or having allowed such opportunity for both parties to be heard as seems reasonable in all the circumstances, and any such condition shall take effect as so varied.
3: Any conditions imposed on a person under subsection (1) of this section, and any variation of such conditions under subsection (2) of this section, shall be notified in writing to the person on that person's release or, as the case may require, as soon as possible after the variation is made, and the written notice shall—
a: specify the address at which the person is to reside; and
b: set out any reporting or other conditions imposed; and
c: include a warning that, if the person fails to reside at the specified address or breaches any reporting or other condition, the person is liable to be arrested without warrant and placed in custody.
4: A breach of any condition imposed under subsection (1) of this section or varied under subsection (2) of this section shall nullify the order for release, and thereafter the person is liable to be arrested by any member of the Police without warrant and placed in custody.
5: Every person who is arrested under subsection (4) of this section shall be brought before a District Court Judge as soon as possible, and shall in no case be detained for more than 48 hours unless, within that period, a District Court Judge issues a warrant of commitment under section 99
6: Any conditions imposed on any person in accordance with this section shall lapse, and the person shall cease to be bound by them, when the person leaves New Zealand.
102: Form of custody
1: Every person who is arrested under section 97 section 98 section 101(4) section 99
2: Every person who is to be detained in custody pursuant to a warrant of commitment issued under section 99 a prison Section 102(2) amended 1 June 2005 section 206 Corrections Act 2004
103: Deportation Review Tribunal
1: For the purposes of this Act, there shall continue to be a tribunal called the Deportation Review Tribunal.
2: The Tribunal shall consist of—
a: 1 member, being a barrister or solicitor of the High Court who has held a practising certificate as such for not less than 5 years, who shall be appointed as the presiding member of the Tribunal:
b: 2 other members.
3: Every member of the Tribunal shall be appointed by the Governor-General on the recommendation of the Minister of Justice.
4: No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 Government Superannuation Fund Act 1956
5: The chief executive of the Department for Courts
6: The provisions of Schedule 2 Section 103(2)(a) substituted 16 December 1988 Immigration Amendment 1988 Section 103(4) substituted 1 April 1988 section 88(1) State Sector Act 1988 Section 103(5) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995
104: Appeals to Tribunal against deportation orders
1: Any person in respect of whom a deportation order is made under section 91 section 92
2: Every such appeal shall be brought within 21 days after the day on which the order is served in accordance with section 96
3: A person who appeals under this section shall supply to the Tribunal an address in New Zealand at which any communication relating to the appeal may be served on or supplied to that person.
4: The provisions of Schedule 3
5: An appellant may at any time withdraw an appeal under this section by filing written notice of the withdrawal in the office of the Tribunals Division of the Department for Courts Section 104(5) amended 1 July 1995 section 10(1) Department of Justice (Restructuring) Act 1995
105: Tribunal may quash deportation order
1: On an appeal under section 104
1A: Without limiting subsection (2), in deciding whether it would be unjust or unduly harsh to deport the appellant from New Zealand, and whether it would not be contrary to the public interest to allow the appellant to remain in New Zealand, the Tribunal must have regard to any submissions of a victim, in accordance with section 105A
2: In deciding whether or not it would be unjust or unduly harsh to deport the appellant from New Zealand, the Tribunal shall have regard to the following matters:
a: the appellant's age:
b: the length of the period during which the appellant has been in New Zealand lawfully:
c: the appellant's personal and domestic circumstances:
d: the appellant's work record:
e: the nature of the offence or offences of which the appellant has been convicted and from which the liability for deportation arose:
f: the nature of any other offences of which the appellant has been convicted:
g: the interests of the appellant's family:
h: such other matters as the Tribunal considers relevant. Section 105(1A) inserted 17 December 2002 section 53 Victims' Rights Act 2002
105A: Right of victims to make submissions on appeal
1: In determining an appeal under section 104
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 deportation order arose; and
b: any relevant written submissions made by a victim to the Minister under section 93A
2: In addition to, or instead of, making written submissions under this section, the victim may, with leave of the Tribunal, make oral submissions to the Tribunal on the appeal at the hearing of it.
3: The Tribunal must make available to a solicitor or counsel acting for the appellant, on a request for the purpose, a copy of all written submissions made by the victim under section 93A
4: The Tribunal, or a solicitor or counsel 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 93A
5: Despite subsections (3) and (4), the Tribunal may withhold from the appellant and every solicitor or counsel 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 93A section 93A(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 Section 105A inserted 17 December 2002 section 53 Victims' Rights Act 2002
106: Deportation order not to be executed pending appeal, etc
1: No deportation order made under section 91 section 92
a: except at the request of the person named in the order,—
i: within 21 days after it is served on the person named in it; or
ii: while any appeal under section 104
iii: within 28 days after any such appeal is dismissed; or
iv: while any appeal under section 117
b: subject to section 55 prison
2: For the purposes of subsection (1) of this section, an appeal is pending from the time when it is lodged until the time when the decision on the appeal is notified to the appellant, or (where appropriate) the time when the appellant withdraws the appeal. Section 106(1)(b) amended 1 September 1993 section 52 Criminal Justice Amendment Act 1993 Section 106(1)(b) amended 30 June 2002 section 125 Parole Act 2002 Section 106(1)(b) amended 1 June 2005 section 206 Corrections Act 2004
107: Procedure where appeal successful
In any case where, on an appeal under section 104
a: if the appellant is in custody pursuant to a warrant of commitment issued under section 99
b: if the appellant has been released on conditions in accordance with section 101
c: if the appellant is in custody under this Part of this Act otherwise than pursuant to a warrant of commitment, the person shall be released from custody forthwith:
d: if the appellant is subject to residence or reporting requirements under section 98
108: Execution of deportation order where deportee in custody pursuant to warrant of commitment
1: This section applies to any person in respect of whom a deportation order made under section 91 section 92 section 99
2: Subject to section 106 manager prison
3: If, for any reason, the craft ceases to be available to take the person from New Zealand or is, or is likely to be, delayed in New Zealand for more than 24 hours, or if for any other reason the person is unable to leave New Zealand at the expected time, the person shall be returned to the custody of the person to whom the warrant of commitment was addressed, and for that purpose that warrant shall be deemed still to be of full force and effect. Section 108(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 108(2) amended 1 June 2005 section 206 Corrections Act 2004
109: Execution of deportation order where deportee serving sentence in
prison
1: This section applies to any person in respect of whom a deportation order made under section 91 section 92 prison
2: Subject to section 106 manager prison
a: if a craft is available within 24 hours to take the person from New Zealand, and it is practicable in all the circumstances for the person to leave on that craft, escort the person, or arrange for the person to be escorted, to the seaport or airport and ensure that the person is placed upon the craft and detained there until the craft leaves New Zealand; or
b: if no craft is available within 24 hours to take the person from New Zealand, or if the craft that was so available ceases to be so available or is, or is likely to be, delayed in New Zealand for more than 24 hours, or if for any other reason the person is unable to leave New Zealand at the expected time, bring the person before a District Court Judge, in which case the provisions of section 99 Section 109 heading amended 1 June 2005 section 206 Corrections Act 2004 Section 109(1) amended 1 June 2005 section 206 Corrections Act 2004 Section 109(2) amended 1 June 2005 section 206 Corrections Act 2004 Section 109(2) amended 1 June 2005 section 206 Corrections Act 2004
110: Execution of deportation order where deportee not in custody
1: This section applies to any person in respect of whom a deportation order made under section 91 section 92
2: Subject to section 106
3: If, for any reason, the craft ceases to be available to take the person from New Zealand within the period of 72 hours or the craft is, or is likely to be, delayed beyond that period, or if for any other reason the person is unable to leave New Zealand at the expected time, the person shall either be released from custody or be brought before a District Court Judge, in which latter case the provisions of section 99
4: Any person who is released under subsection (3) of this section, or has been released on conditions in accordance with section 101 section 98 section 99 section 108
111: Permit deemed cancelled where holder deported
Where the holder of any residence permit is deported under this Part of this Act, the permit, and any returning resident's visa held by the holder of the permit, shall be deemed to be cancelled. Transitional provisions
112: Deportation order not to be made in certain cases
1: No deportation order shall be made under section 91(1)(d)
2: No deportation order shall be made under section 92(2)(d)
113: Deportation orders made under previous Act
1: This section applies to every order signed by the Minister, at any time before the commencement of this Act, under section 22(1) of the Immigration Act 1964 section 91 section 92
2: Every order to which this section applies shall be deemed for the purposes of this Act and section 55
3: If any order to which this section applies, or a copy of any such order, or written notice of the making of any such order, was served before the commencement of this Act on the person in respect of whom the order was made, the following provisions shall apply:
a: the order shall be deemed to have been served under and in accordance with section 96
b: where any appeal under section 22C of the Immigration Act 1964 section 104
c: where the order, copy, or notice was served more than 28 days before the commencement of this Act and no appeal was brought under section 22C of the Immigration Act 1964 section 104
d: where the order, copy, or notice was served less than 28 days before the commencement of this Act and no appeal was brought under section 22C of the Immigration Act 1964 section 104
e: where any appeal under section 22F of the Immigration Act 1964 section 117
f: where any appeal under section 22C of the Immigration Act 1964 section 22F of that Act section 117 Section 113(2) amended 1 September 1993 section 52 Criminal Justice Amendment Act 1993 Section 113(2) amended 30 June 2002 section 125 Parole Act 2002
114: Members of Deportation Review Tribunal
1: The person holding office immediately before the commencement of this Act as the Chairman of the Deportation Review Tribunal established under section 22B of the Immigration Act 1964
2: The persons holding office immediately before the commencement of this Act as members of the Deportation Review Tribunal established under section 22B of the Immigration Act 1964
4A: Special procedures in cases involving security concerns
Part 4A inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114A: Object of Part
The object of this Part is to—
a: recognise that the New Zealand Security Intelligence Service holds classified security information that is relevant to the administration of this Act; and
b: recognise that such classified security information should continue to be protected in any use of it under this Act or in any proceedings which relate to such use; and
c: recognise that the public interest requires nevertheless that such information be used for the purposes of this Act, but equally that fairness requires some protection for the rights of any individual affected by it; and
d: establish that the balance between the public interest and the individual's rights is best achieved by allowing an independent person of high judicial standing to consider the information and approve its proposed use; and
e: recognise that the significance of the information in question in a security sense is such that its approved use should mean that no further avenues are available to the individual under this Act and that removal or deportation, as the case may require, can normally proceed immediately; and thus
f: ensure that persons covered by this Act who pose a security risk can where necessary be effectively and quickly detained and removed or deported from New Zealand. Section 114A inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114B: Definitions
1: In this Part, unless the context otherwise requires— certificate security risk certificate section 114D classified security information
a: the information—
i: might lead to the identification of, 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 New Zealand Security Intelligence Service; or
ii: 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 Service or of another intelligence and security agency (as defined in section 2
iii: has been provided to the New Zealand Security Intelligence Service by the government of any other country or by an agency of such a government, and is information that cannot be disclosed by the Service because the government or agency by which that information has been provided will not consent to the disclosure; and
b: disclosure of the information would be likely—
i: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
ii: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country or any agency of such a government, or by any international organisation; or
iii: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
iv: to endanger the safety of any person Director Director of Security New Zealand Security Intelligence Service Act 1969 Inspector-General Inspector-General of Intelligence and Security Act 1996 relevant security criterion security criterion section 114C
2: The Governor-General, on the recommendation of the Prime Minister following consultation with the Leader of the Opposition, may appoint a person who has previously held office as a Judge of the High Court of New Zealand to act as Inspector-General in any case where the Inspector-General is not available, within a time that will ensure that any review is completed with all reasonable speed, to review a decision of the Director of Security under this Part.
3: The fact that a person appointed under subsection (2) exercises or performs any function or power of the Inspector-General under this Part is conclusive evidence of the authority of the person to do so, and no person may in any proceedings question whether the occasion requiring or authorising the person to exercise or perform the function or power has arisen or has ceased. Section 114B inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114C: Relevant security criteria
1: For the purposes of this Part, relevant security criterion
a: a relevant entry security criterion within the meaning of subsection (2), where a decision is to be taken as to whether—
i: a temporary visa or permit should be issued or granted to any person; or
ii: a limited purpose visa or permit should be issued or granted to any person; or
iii: a residence visa or permit should be issued or granted to any person; or
iv: an exemption should apply to any person:
b: a relevant removal security criterion within the meaning of subsection (3), where a decision is to be taken as to whether—
i: a temporary permit should be revoked and a removal order served; or
ii: a limited purpose permit should be revoked and a removal order served; or
iii: a person unlawfully in New Zealand should be served with a removal order:
c: a relevant deportation security criterion within the meaning of subsection (4), where a decision is to be taken as to whether—
i: the holder of a temporary permit or a limited purpose permit or a residence permit should be deported; or
ii: a person who is exempt under this Act from the requirement to hold a permit should be deported; or
iii: a person unlawfully in New Zealand should be deported:
d: a relevant refugee removal security criterion within the meaning of subsection (5), where a decision is to be taken as to whether a person in New Zealand who is a refugee status claimant or refugee—
i: who holds a temporary permit should have that permit revoked and a removal order served; or
ii: who holds a limited purpose permit should have that permit revoked and a removal order served; or
iii: who is in New Zealand unlawfully should be served with a removal order:
e: a relevant refugee deportation security criterion within the meaning of subsection (6), where a decision is to be taken as to whether a person in New Zealand who is a refugee status claimant or refugee—
i: who holds a temporary permit or a limited purpose permit or a residence permit should be deported; or
ii: who is exempt under this Act from the requirement to hold a permit should be deported; or
iii: who is in New Zealand unlawfully should be deported.
2: The relevant entry security criteria are as follows:
a: any of the criteria set out in section 7(1)(e), (f), (g)(i), and (h)
b: that the person constitutes a threat to national security in terms of section 72
c: any of the criteria set out in section 73(1)
3: The relevant removal security criteria are any of the criteria set out in section 7(1)(e), (f), (g)(i), and (h)
4: The relevant deportation security criteria are as follows:
a: that the person constitutes a threat to national security in terms of section 72
b: any of the criteria set out in section 73(1)
5: The relevant refugee removal security criteria are a combination of any 1 or more of the criteria listed in subsection (3) as relevant removal security criteria, taken together with either or both of the following criteria:
a: that there are reasonable grounds for regarding the person as a danger to the security of New Zealand, in terms of Article 33.2 of the Refugee Convention
b: that the person is a danger to the community of New Zealand, having been convicted by a final judgment of a particularly serious crime, in terms of Article 33.2 of the Refugee Convention
6: The relevant refugee deportation security criteria are a combination of any 1 or more of the criteria listed in subsection (4) as relevant deportation security criteria, taken together with either or both of the following criteria:
a: that there are reasonable grounds for regarding the person as a danger to the security of New Zealand, in terms of Article 33.2 of the Refugee Convention
b: that the person is a danger to the community of New Zealand, having been convicted by a final judgment of a particularly serious crime, in terms of Article 33.2 of the Refugee Convention
7: More than 1 relevant security criterion may be applicable at the same time to a particular person, but nothing in this section requires more than 1 relevant security criterion to be applied under this Part in any particular case (except to the extent that subsections (5) and (6) require a combination of criteria in relation to refugees and refugee status claimants). Section 114C inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114D: Director of Security may provide Minister with security risk certificate
1: If the Director of Security holds classified security information that the Director is satisfied—
a: relates to an identifiable individual who is not a New Zealand citizen and about whom decisions are to be, or can be, made under this Act; and
b: is credible, having regard to the source or sources of the information and its nature, and is relevant to the relevant security criterion; and
c: would mean, when applying a relevant security criterion to the situation of that person in light of that information, that the person meets the criterion,— the Director may provide a security risk certificate to the Minister to that effect.
2: A certificate must be in writing and must clearly identify the relevant security criterion or criteria that it relates to.
3: In making a decision under subsection (1) the Director may take into account any relevant information that does not itself meet the definition of classified security information.
4: For the purposes of applying this section and this Part, any reference to the belief or opinion of the Minister in the wording of a particular security criterion is to be read as including an alternative reference to the belief or opinion of the Director. Section 114D inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114E: Minister may require oral briefing from Director on contents of certificate
1: On receipt of a security risk certificate the Minister may call for an oral briefing from the Director on the contents of the certificate.
2: The content of the oral briefing is to be determined by the Director, and may not be recorded by the Minister or on the Minister's behalf.
3: The Minister must not divulge the contents of the briefing to any other person, and may not be called to give evidence in any court or tribunal in relation to anything coming to the Minister's knowledge as a result of the briefing. Section 114E inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114F: Effect of certificate
1: The existence of a security risk certificate is evidence of sufficient grounds for the conclusion or matter certified, subject only to a decision of the Inspector-General on a review conducted under section 114I section 114E
2: Where the Minister does rely on a certificate,—
a: the Minister is not obliged to give reasons for any decision made in reliance on the certificate, and section 23
b: the Minister may not be compelled in any proceedings to provide those reasons or any information relating to them or to any briefing under section 114E Section 114F inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114G: Effect where Minister makes preliminary decision to rely on certificate
1: If the Minister makes a preliminary decision to rely on a security risk certificate in relation to an individual, the Minister must give a notice to that effect to the chief executive of the Department of Labour.
2: The effect of the giving of a notice under subsection (1) in the case of a person who is not in New Zealand is—
a: to require the processing of any application or other matter in relation to the named individual by a visa officer or immigration officer that is currently under way to be suspended, despite any other requirement of this Act; and
b: to require the chief executive to immediately ensure that the processing is in fact stopped; and
c: to require any matter under this Act in relation to the named individual that is proceeding in an Authority, the Board,
d: to require the chief executive to send to the person a copy of the notice and to notify the person of the matters specified in subparagraphs (i) to (v) of subsection (4)(d).
3: The effect of the giving of a notice under subsection (1) in the case of a person who is in New Zealand is—
a: to require the processing of any application or other matter in relation to the named individual by an immigration officer that is currently underway to be suspended, notwithstanding any other requirement of this Act; and
b: to require any matter under this Act in relation to the named individual that is proceeding in an Authority (other than the Refugee Status Appeals Authority), the Board,
c: to require the detention of the named individual by a member of the Police under subsection (5).
4: On receipt of a notice under subsection (1) in respect of a person who is in New Zealand, the chief executive must—
a: immediately ensure that the processing of any application or other matter in relation to the named individual by an immigration officer that is currently under way is stopped; and
b: not accept for processing any application or other matter in relation to the named individual (other than applications or matters relating to refugee status); and
c: if appropriate, immediately advise an Authority, the Board,
d: arrange for a member of the Police to as soon as is practicable personally serve on the person concerned a copy of the notice, along with written information stating—
i: that the Director of Security has made a security risk certificate in relation to the person; and
ii: that the Minister has made a preliminary decision to rely on the certificate; and
iii: the relevant security criterion or criteria that the certificate relates to; and
iv: the potential effect of the certificate; and
v: the rights of the person under section 114H section 19(4)
5: Where a member of the Police serves a notice on a person under subsection (4), that member or any other member of the Police must arrest the person without warrant and place the person in custody.
6: A person arrested under subsection (5) must be brought before a District Court Judge as soon as possible, and may in no case be detained for more than 48 hours unless, within that period, a Judge issues a warrant of commitment under section 114O Section 114G inserted 1 April 1999 section 35 Immigration Amendment Act 1999 Section 114G(2)(c) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 114G(3)(b) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 114G(4)(c) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
114H: Rights of person in respect of whom security risk certificate given and relied on
1: A person on whom a Ministerial notice is served under section 114G(4)(d) section 114G(2)(d) section 114I
2: A person who seeks a review under section 114I
a: be represented, whether by counsel or otherwise, in his or her dealings with the Inspector-General; and
b: have access, to the extent provided by the Privacy Act 1993
c: make written submissions to the Inspector-General about the matter, whether or not the person also wishes to be heard under section 19(4) section 114I(6)
3: No action may be taken to remove or deport the person on whom a notice served under section 114G(4)(d) section 114K
4: No review proceedings may be brought in any court in respect of the certificate or the Director's decision to make the certificate. Section 114H inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114I: Review of certificate
1: A person on whom a Ministerial notice is served under section 114G(4)(d)
2: A person to whom a Ministerial notice is notified under section 114G(2)(d)
3: The review is to be conducted by the Inspector-General of Intelligence and Security with all reasonable speed and diligence.
4: The function of the Inspector-General on a review is to determine whether—
a: the information that led to the making of the certificate included information that was properly regarded as classified security information; and
b: that information is credible, having regard to the source or sources of the information and its nature, and is relevant to any security criterion; and
c: when a relevant security criterion is applied to the person in light of that information, the person in question is properly covered by that criterion— and thus whether the certificate was properly made or not.
5: In carrying out a review, the Inspector-General may take into account any relevant information that does not itself meet the definition of classified security information.
6: For the purposes of a review under this section—
a: the Inspector-General has all the powers conferred on him or her by the Inspector-General of Intelligence and Security Act 1996
b: sections 13 19 20 21 22 23 24 26 28 29
c: the chief executive of the Department of Labour must provide the Inspector-General with any file relating to the appellant, and any other relevant information, that is held by the chief executive.
7: For the purposes of a review under this section, the chief executive of the Department of Labour must, as soon as practicable after finding out that the review is lodged, notify to the Inspector-General the name and contact details of an officer of the Department of Labour who may accept service on behalf of the chief executive of notices and matters relating to the review. Section 114I inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114J: Result of review
1: If on a review under section 114I section 114K
2: If the Inspector-General decides that the certificate was not properly made, the person who sought the review must be released from custody immediately, and normal immigration processes must resume in accordance with section 114L
3: As soon as possible after reaching a decision on the review, the Inspector-General must notify the decision—
a: to the person who sought the review, by way of personal service in the case of a person in New Zealand; and
b: to the Minister; and
c: by personal service to the chief executive of the Department of Labour or to such other officer of the Department of Labour as the chief executive has notified to the Director-General under section 114I(7)
d: to the Director of Security.
4: The decision of the Inspector-General must be accompanied by reasons, except to the extent that the giving of reasons would itself be likely to prejudice the interests that this Part seeks to protect in relation to the classified security information.
5: The Inspector-General may make recommendations in relation to the payment of costs or expenses of the person who has sought the review. Section 114J inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114K: Effect of confirmation of certificate, or failure to seek review
1: Where—
a: a security risk certificate has been confirmed under section 114J(1)
b: the certificate is confirmed to the extent that no review has been applied for under section 114I section 114G(2)(d) or (4)(d) the Minister must make a final decision within 3 working days whether to rely on the confirmed certificate and accordingly to direct the chief executive in writing to act in reliance on the certificate under subsection (3).
2: In making a final decision under subsection (1) the Minister may seek information from other sources and may consider matters other than the contents of the certificate.
3: On receipt of a direction from the Minister under subsection (1) to rely on the confirmed certificate, the chief executive must ensure that—
a: where the person's case was before the Tribunal, an Authority, the Board,
b: in any other case, an appropriate decision is made in reliance on the relevant security criterion as soon as practicable.
4: In either event, the chief executive must ensure that—
a: any visa or permit that the person still holds is cancelled or revoked, without further authority than this section, and in such case the cancellation or revocation takes effect immediately and without any right of appeal or review; and
b: if a removal order or deportation order is not already in existence, an appropriate person who may make such an order makes the relevant order immediately without further authority than this section, and the person is removed or deported, unless protected from removal or deportation under section 114Q section 129X
c: in the case of a person who is protected from removal or deportation by section 129X
5: On receipt of the appropriate notification under subsection (3)(a) by the Tribunal, Authority, Board,
6: Where this section applies, the person who is the subject of the certificate has no further right of appeal or review under this Act.
7: The Minister is not obliged to give reasons for his or her decision to give a direction under this section, and section 23 Section 114K inserted 1 April 1999 section 35 Immigration Amendment Act 1999 Section 114K(3)(a) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 114K(5) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
114L: Resumption of normal immigration processes where certificate not confirmed on review, or certificate or Ministerial notice withdrawn
1: This section applies in respect of a person named in a Ministerial notice given under section 114G
a: the Inspector-General has given notice under section 114J
b: the certificate is withdrawn under section 114M
c: the Ministerial notice is withdrawn under section 114N section 114N
d: the Minister fails to make a final decision in respect of the certificate within the period of 3 working days referred to in section 114K(1)
2: Where this section applies, the chief executive must ensure that—
a: the person is released from custody immediately; and
b: any immigration processing or appeal that was stopped in reliance on section 114G
c: the person is advised, if any application or other matter had not been accepted for processing in reliance on section 114G(4)(b)
d: where the person's case was before the Tribunal, an Authority, the Board,
3: Where any proceedings have lapsed under section 114K(5) section 114K(3)(a)
a: those proceedings will nevertheless be treated as not having lapsed if notification of a revocation of that decision is received by the relevant Tribunal, Authority, the Board,
b: those proceedings continue accordingly from the time of notification of the revocation, with any time limits relating to the proceedings extended by the period of any lapse under section 114K(5)
4: Where any immigration processing or appeal recommences under subsection (2)(b), or commences as a result of advice given under subsection (2)(c), the officer or body concerned is not to take into account the fact that the provisions of this Part had been applied to the person. Section 114L inserted 1 April 1999 section 35 Immigration Amendment Act 1999 Section 115L(2)(d) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 115L(3)(a) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
114M: Withdrawal of security risk certificate by Director
1: Nothing in this Part prevents the Director from withdrawing a certificate in relation to any person at any time by notifying the Minister accordingly.
2: If the Minister has already relied on the certificate, the Minister must immediately inform the chief executive of the Department of Labour of the withdrawal.
3: If the Director withdraws a certificate, section 114L Section 114M inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114N: Minister may withdraw notice, or decline to use certificate
1: Nothing in this Part prevents the Minister from—
a: withdrawing a notice given under section 114G
b: where a security risk certificate has been confirmed by the Inspector-General, deciding nevertheless that the relevant security criterion should not be applied to the person in question, and notifying the chief executive accordingly; or
c: revoking a decision under section 114K
2: On any notification to the chief executive under subsection (1), section 114L Section 114N inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114O: Warrant of commitment in security cases
1: Where a person detained under section 114G(5)
a: if satisfied on the balance of probabilities that the person is not the person named in the notice under section 114G
b: except in a case to which paragraph (a) applies, the Judge must issue a warrant of commitment in the prescribed form for the detention of the person.
2: Every warrant of commitment issued under this section authorises the person to whom it is addressed to detain the person named in it until—
a: required by a member of the Police to deliver up the person in accordance with the provisions of this Act relating to the execution of a removal order or a deportation order; or
b: notified under subsection (3) that the person should be released; or
c: ordered by the High Court or a Judge of the High Court, on an application for a writ of habeas corpus, to release the person.
3: If a person who is subject to a warrant of commitment under this section is successful in a review by the Inspector-General under section 114I manager Section 114O inserted 1 April 1999 section 35 Immigration Amendment Act 1999 Section 114O(3) amended 1 June 2005 section 206 Corrections Act 2004
114P: Appeal on point of law from decision of Inspector-General
1: If the person named in a security risk certificate that is confirmed by the Inspector-General under section 114J
2: Any such appeal must be brought—
a: in the case of a person who is in New Zealand at the time of notification, within 3 working days of being notified of the Inspector-General's decision under section 114J(3)(a)
b: in the case of a person who is not in New Zealand at the time of notification, within 28 days of being notified of the Inspector-General's decision.
3: The Court of Appeal may, at any time on or before determining the appeal, or determining whether or not to grant leave to appeal, give such directions and make such orders as it thinks appropriate in the circumstances of the case.
4: Subject to this section and this Part, section 66 Section 114P inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114Q: Prohibition on removal or deportation of refugee status claimant
Despite anything in this Part, no person who is a refugee status claimant may be removed or deported from New Zealand until the refugee status of that person has been finally determined under Part 6A Section 114Q inserted 1 April 1999 section 35 Immigration Amendment Act 1999
114R: Minister to report annually on cases under this Part
1: The Minister must prepare in respect of each calendar year a report (including, if appropriate, a nil report) setting out—
a: the number of cases in which the Minister makes a preliminary decision under section 114G
b: the number of cases where a review of a security risk certificate is sought, and the number of cases in which a certificate is confirmed and the number of cases in which the Inspector-General finds that the certificate was not properly made; and
c: the number of cases in which a security risk certificate is finally relied on and directions given under section 114K
d: the number of cases in which section 114L
e: the number of people removed or deported from New Zealand in reliance on a security risk certificate.
2: The Minister must present a copy of the report to the House of Representatives not later than 20 sitting days after the end of the calendar year to which the report relates. Section 114R inserted 1 April 1999 section 35 Immigration Amendment Act 1999
5: Appeals
From the Residence Review Board and the Removal Review Authority Heading substituted 18 November 1991 section 35 Immigration Amendment 1991 Heading amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
115: Appeal against decision of
Residence Review Board
1: Where any party to any appeal to the Residence Review Board the Board the Board
2: Every appeal under this section shall be brought within 28 days after the date on which the decision of the Board
3: On any such appeal the High Court shall determine the question or questions of law arising in the proceedings, and shall thereupon do any 1 or more of the following things:
a: confirm the decision in respect of which the appeal has been brought:
b: remit the matter to the Residence Review Board
c: make such other orders in relation to the matter as it thinks fit.
4: Subject to subsections (2) and (3) of this section, every appeal under this section shall be dealt with in accordance with rules of Court. Section 115 substituted 18 November 1991 section 35 Immigration Amendment 1991 Section 115(1) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 115(1) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 115(2) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 115(3)(b) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
115A: Appeal against decision of Removal Review Authority on question of law
1: Where any party to any appeal to the Removal Review Authority under this Act (being the person who appealed to the Authority or the Secretary of Labour) is dissatisfied with any determination of the Authority in the appeal proceedings as being erroneous in point of law, that party may appeal to the High Court on that question of law.
2: Every appeal under this section shall be brought within 28 days after the date on which the decision of the Authority to which the appeal relates was notified to the party appealing, or within such further time as the High Court may allow on application made before the expiry of that 28-day period.
3: On any such appeal the High Court is to determine the question or questions of law and do any 1 or more of the following things:
a: confirm the decision in respect of which the appeal has been brought:
b: remit the matter to the Removal Review Authority with the opinion of the High Court on it, together with any directions as to how the matter should be dealt with:
c: make such other orders in relation to the matter as it thinks fit.
4:
5: Subject to subsections (2) to (4) of this section, every appeal under this section shall be dealt with in accordance with rules of Court. Section 115A inserted 18 November 1991 section 35 Immigration Amendment 1991 Section 115A(3) substituted 1 October 1999 section 36(1) Immigration Amendment Act 1999 Section 115A(4) repealed 1 October 1999 section 36(2) Immigration Amendment Act 1999
116: Appeal to Court of Appeal by leave
1: Any party to an appeal under section 115 section 115A section 66
2: In determining whether to grant leave to appeal under this section, the Court to which the application for leave is made shall have regard to whether the question of law involved in the appeal is one which, 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: The decision of the Court of Appeal on any appeal under this section shall be final. From the Tribunal
117: Right of appeal
1: Where the appellant in any proceedings before the Tribunal under this Act, or the Minister, is dissatisfied with any determination of the Tribunal in the proceedings as being erroneous in point of law, the appellant or the Minister may appeal to the High Court on that question of law.
2: Subject to sections 118 to 124
3:
4: On any such appeal, the High Court shall hear and determine the question or questions of law arising in the proceedings, and shall thereupon do any 1 or more of the following things:
a: reverse, confirm, or amend the decision in respect of which the appeal has been brought:
b: remit the matter to the Tribunal with the opinion of the High Court thereon:
c: make such other order in relation to the matter as it thinks fit.
5: Where the High Court reverses a decision of the Tribunal not to quash a deportation order, the following provisions shall apply:
a: if the person to whom the deportation order applied is in custody pursuant to a warrant of commitment issued under section 99
b: if that person has been released on conditions in accordance with section 101
c: if the person is in custody under Part 4
d: if the person is subject to residence or reporting requirements under section 98
6: The decision of the High Court on any such appeal shall be final. Section 117(3) repealed 15 August 1991 section 3(4) Judicature Amendment Act 1991 Section 117(6) inserted 15 August 1991 section 3(4) Judicature Amendment Act 1991
118: Notice of appeal
1: Every appeal under section 117
a: the Registrar of the High Court in Wellington; and
b: the Secretary of the Tribunal.
2: Either before or immediately after the lodging of the notice of appeal, the appellant shall serve a copy of the notice of appeal, either by personal service or by registered post, on the other party to the proceedings before the Tribunal.
3: Every notice of appeal shall specify—
a: the determination or the part of the determination appealed from; and
b: the error of law alleged by the appellant; and
c: the question of law to be resolved; and
d: the grounds of the appeal, which grounds shall be specified with such reasonable particularity as to give full advice to both the Court and the other party of the issues involved.
4: Where the Minister is the appellant, the Minister shall endorse on or attach to the copy of the notice of appeal to be served on the respondent, a statement of—
a: the right of the respondent under section 119
b: the date by which the respondent must give notice under that section of the respondent's intention to appear and be heard.
5: The Secretary of the Tribunal shall, as soon as practicable after receiving a copy of the notice of appeal, send a copy of the whole of the determination appealed from to the Registrar of the High Court in Wellington.
119: Right to appear and be heard on appeals
1: If the other party to the proceedings before the Tribunal (hereafter in this Part of this Act called the respondent) wishes to appear and be heard on the hearing of the appeal, the respondent shall, within 10 days after the date of the service on the respondent of a copy of the notice of appeal, lodge with the Registrar of the High Court in Wellington a notice of the respondent's intention to appear and be heard.
2: If the respondent gives a notice of intention to appear and be heard, the respondent and the appellant shall be parties to the appeal and shall be entitled—
a: to be served with every document thereafter filed or lodged with the Registrar relating to the appeal; and
b: to receive notice of the date set down for the hearing of the appeal.
120: Orders relating to determination of appeals
1: Subject to subsections (2) and (3) of this section, the High Court may, of its own motion or on the application of either party to the appeal, make all or any of the following orders:
a: an order directing the Tribunal to lodge with the Registrar of the High Court in Wellington any document or other written material or any exhibit in the possession or custody of the Tribunal:
b: an order directing the Tribunal to lodge with the Registrar a report recording, in respect of any matter or issue that the Court may specify, any of the findings of fact of the Tribunal that are not set out or fully set out in its determination:
c: an order directing the Tribunal to lodge with the Registrar a report setting out, in respect of any matter or issue that the Court may specify, any reasons or considerations of the Tribunal to which the Tribunal had regard but that are not set out in its determination.
2: An application under subsection (1) of this section shall,—
a: in the case of the appellant, be made within 28 days of the date of the lodging of the notice of appeal; or
b: in the case of the respondent, within 28 days after—
i: the date of the service on the respondent of a copy of the notice of appeal; or
ii: the date of the lodging of the notice of the appeal,— whichever is the later.
3: The High Court may make an order under subsection (1) of this section only if it is satisfied that a proper determination of the point of law in issue so requires; and the order may be made subject to such conditions as the High Court thinks fit.
121: Dismissal of appeal
The High Court may dismiss any appeal under section 117
a: if the appellant does not appear at the time appointed for the hearing of the appeal; or
b: if the appellant does not prosecute the appeal with all due diligence and the respondent applies to the Court for the dismissal of the appeal.
122: Appeal in respect of additional points of law
1: Where the respondent wishes to contend at the hearing of the appeal that the determination appealed from is erroneous on a point of law other than those set out in the notice of appeal, the respondent shall, within 28 days after the date of the service on the respondent of a copy of the notice of appeal, lodge a notice to that effect with the Registrar of the High Court in Wellington.
2: The provisions of section 117 section 118 sections 120 121 123 124
123: Extension of time
The High Court or a Judge thereof may, on the application of the appellant, or intending appellant, or the respondent, extend any time prescribed or allowed under any of the provisions of sections 118 to 122
124: Date of hearing
When either party to the appeal notifies the Registrar of the High Court in Wellington—
a: that the notice of appeal has been served on the respondent; and
b: either—
i: that no application has been lodged under section 120
ii: that any application lodged under section 120 the appeal shall be, in all respects, ready for hearing, and the Registrar shall arrange a date for the hearing as soon as is practicable.
6: Arrivals and departures
125AA: Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand
1: This section applies to a carrier, and a person in charge, of a commercial craft if—
a: he or she is notified by the chief executive that—
i: he or she is a person of a kind who must comply with the responsibilities specified in subsection (2) before a craft in relation to which he or she is the carrier or the person in charge departs from another country to travel to New Zealand; or
ii: the craft in relation to which he or she is the carrier or the person in charge is a craft of a kind in relation to which he or she must comply with the responsibilities specified in subsection (2) before the craft departs from another country to travel to New Zealand; and
b: it is proposed that the craft travel to New Zealand from another country (including in the course of a scheduled international service).
2: A person to whom this section applies must do the following things before the craft in relation to which he or she is the carrier or the person in charge departs from another country to travel to New Zealand:—
a: obtain the following information from every person who intends to board the craft for the purpose of travelling to New Zealand:—
i: name:
ii: date of birth:
iii: nationality:
iv: sex:
v: passport, or certificate of identity, number (if any):
vi: passport, or certificate of identity, expiry date (if any):
vii: the issuer of the certificate of identity, if it is not the person's country of nationality (if any):
viii: the person's status as a traveller (including, but not limited to, whether the person is a member of the crew of the craft, a passenger whose destination is New Zealand, or a passenger whose destination is other than New Zealand):
b: provide the following information to the chief executive by means of an approved system:—
i: the information obtained under paragraph (a); and
ii: if the person to whom this section. applies intends to board the craft himself or herself for the purpose of travelling to New Zealand, information about himself or herself of the kind specified in paragraph (a); and
iii: information identifying the craft and its intended movements; and
iv: in relation to a person referred to in paragraph (a), the location of information about that person of the kind specified in section 125AD(5)
3: The chief executive may, in writing, exempt a person to whom this section applies from complying with some or all of his or her responsibilities under this section in all or any specified circumstances.
4: Every carrier, or person in charge, of a commercial craft who fails, without reasonable excuse, to comply with any of his or her responsibilities under this section commits an offence and is liable on conviction,—
a: in the case of a carrier, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000, or to both; or
b: in the case of a person in charge, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both.
5: In this section and sections 125AB to 125AD approved system
a: providing information to the chief executive under this section; or
b: notifying a person to whom this section applies of a decision of the chief executive under section 125AB(1) commercial craft scheduled international service travelling to New Zealand Section 125AA inserted 2 July 2004 section 4 Immigration Amendment Act 2004
125AB: Chief executive may make decision about person boarding 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 125AA
a: may board a craft for the purpose of travelling to New Zealand; or
b: may not board a craft for the purpose of travelling to New Zealand; or
c: may board a craft for the purpose of travelling to New Zealand only if he or she complies with conditions specified by the chief executive.
2: The chief executive—
a: must notify a person to whom section 125AA
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 response to a decision made under subsection (1).
3: The chief executive—
a: may make any 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: is exempt from the requirement to apply for and hold a visa to travel in New Zealand; or
iii: is exempt from the requirement to hold a permit to be in New Zealand; 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 holds a New Zealand passport; or
ii: a person who holds a returning resident's visa in a passport or certificate of identity, or who has a returning resident's visa electronically entered and retained in the records of the Department of Labour under section 35AB
iii: a person who—
A: has been granted a pre-cleared permit that is entered and retained (either electronically or otherwise) in the records of the Department of Labour under section 35E
B: intends to enter New Zealand during the currency of that pre-cleared permit on a flight designated by the Minister as a pre-clearance flight under section 35C
4: To avoid doubt, section 141AA section 125AA
5: To avoid doubt, the chief executive may make a decision under subsection (1) by means of an automated electronic system that analyses the information (if any) about a-person that is held by the chief executive or to which the chief executive has access, using criteria predetermined by the chief executive.
6: A person in relation to whom a decision is made under subsection (1) may not—
a: appeal the decision to any court, the Tribunal, the Minister, or any other body or person; or
b: bring review proceedings in relation to the decision.
7: Despite subsection (6)(b), a person in relation to whom a decision is made under subsection (1) may bring review proceedings, but may only do so 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.
8: The chief executive is not obliged to give reasons for a decision made under subsection (1) other than that subsection (1) applies.
9: Section 23 Section 125AB inserted 2 July 2004 section 4 Immigration Amendment Act 2004
125AC: Offences relating to non-compliance with decision made by chief executive under section 125AB
1: Every carrier, or person in charge, of a commercial craft commits an offence who allows a person to travel to New Zealand before a decision has been made by the chief executive under section 125AB(1)
2: Every carrier, or person in charge, of a commercial craft commits an offence who—
a: is notified under section 125AB(2) section 125AB(1)(b) or (c)
b: without reasonable excuse, fails to ensure that the decision is complied with by the person to whom the decision relates.
3: Every carrier, or person in charge, of a commercial craft who commits an offence against subsection (1) or subsection (2) is liable on conviction,—
a: in the case of a carrier, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000, or to both; or
b: in the case of a person in charge, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both. Section 125AC inserted 2 July 2004 section 4 Immigration Amendment Act 2004
125AD: Person to whom section 125AA applies must provide further information if requested, and must provide access to further information
1: If the circumstances in subsection (2) exist, a person to whom section 125AA section 125AB(1)
2: The circumstances are that the chief executive has made the request for the information within 24 hours of the arrival in New Zealand of the craft on which the person to whom the information relates intended to, or did, travel to New Zealand.
3: A person to whom section 125AA section 125AB(1)
4: A person to whom subsection (3) applies must ensure that the chief executive has access to the information—
a: in an approved form and manner; and
b: for 24 hours after the arrival in New Zealand of the craft on which the person to whom the information relates intended to, or did, travel to New Zealand.
5: The information referred to in subsections (1) and (3) is information held by a person to whom section 125AA section 125AA
a: where the person booked the intended travel:
b: on what date the person booked the intended travel:
c: with whom, if anyone, the person intended to travel:
d: with whom a person has previously travelled:
e: whether or not the person paid for his or her own intended travel, and the manner of payment:
f: the person's travel movements before the intended travel:
g: whether the route of the person's previous travel has changed from the way that he or she originally booked the travel and, if so, in what way:
h: whether the person failed to undertake intended travel on a previous occasion:—
i: whether the person has checked baggage.
6: Information collected or accessed by the chief executive under subsections (1) and (3) may only be retained by the chief executive if any of the following circumstances apply:
a: the chief executive decided under section 125AB(1)(b)
b: the person has been refused, on arrival, a permit or exemption to be in New Zealand:
c: the information needs to be retained as part of a record of a particular action having been taken in relation to the person to whom it relates (for example, a record that a person was interviewed on arrival):
d: the information gives the chief executive good cause to suspect that a risk to border security exists.
7: In this section, approved form and manner Section 125AD inserted 2 July 2004 section 4 Immigration Amendment Act 2004
125AE: Offence relating to failure to provide information, or failure to provide access to information, under section 125AD
1: Every carrier, or person in charge, of a commercial craft commits an offence who fails, without reasonable excuse, to provide the chief executive with information the chief executive requested under section 125AD(1)
2: Every carrier, or person in charge, of a commercial craft commits an offence who fails, without reasonable excuse, to provide the chief executive with access to information under section 125AD(3)
3: Every carrier, or person in charge, of a commercial craft who commits an offence under subsection (1) or subsection (2) is liable on conviction,—
a: in the case of a carrier, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000, or to both; or
b: in the case of a person in charge, to imprisonment for a term not exceeding 3 months or to a fine not exceeding $10,000, or to both. Section 125AE inserted 2 July 2004 section 4 Immigration Amendment Act 2004
125: Responsibilities of carrier and person in charge of any craft
en route to New Zealand
1: The person in charge of any craft that is en route to New Zealand from another country shall, for the purpose of ensuring or facilitating compliance with this Act, from the time when the craft enters the territorial limits of New Zealand be 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 responsibilities specified in section 126(1)
2: For the purposes of this Act, the carrier and the person in charge of any craft that berths, lands, or otherwise arrives in New Zealand from another country, or that is to so berth, land, or arrive, shall have the following responsibilities:
a: to ensure that all persons boarding the craft in that other country have appropriate documentation for immigration purposes, including a passport or certificate of identity, a visa (where required), evidence of onward travel arrangements and of sufficient funds (where required), and any other documentation (if any) specified in regulations made under this Act:
aa: in the case of a pre-clearance flight, to comply with section 35H
b: on arrival of the craft at a Customs place
i: to produce for inspection such tickets for onward travel, or funds, as an immigration officer may specify; and
ii: to prevent, with such reasonable force as may be necessary, the disembarkation of any person from the craft otherwise than into a Customs controlled area
c: in the case of a craft that is not a commercial passenger aircraft on a regularly scheduled flight, to supply on demand by any 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:
d: in the case of a commercial passenger aircraft on a regularly scheduled flight, to supply such available information as may be required by any immigration officer relating to any person who may have been on board the craft since its last place of call:
e: subject to the provisions of section 25
f: if a stowaway has been found on the craft, to report that fact to an immigration officer as soon as practicable.
3: The carrier and the person in charge of a craft leaving New Zealand shall have the following responsibilities:
a: to report to an immigration officer immediately before the departure of the craft details of any person who—
i: was on board the craft when it arrived in New Zealand; and
ii: was exempt by virtue of paragraph (c) or paragraph (d) or paragraph (e) of section 11(1)
iii: is not then on board the craft:
b: subject always to the safety of the craft and of the other persons on board the craft, to allow on board for passage from New Zealand (subject to the payment of the fare) any person in respect of whom a removal warrant or a deportation order is in force and who presents himself or herself to the craft, or is delivered by a member of the Police to the craft, for that purpose:
c: in respect of any such person who is delivered to the craft by a member of the Police, 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.
4: The carrier of a craft leaving New Zealand shall have 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, not being the holder of a visa issued under this Act, and who is neither exempt under this Act from the requirement to hold a permit nor was granted a permit or pre-cleared permit on or before arrival in New Zealand
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, otherwise than in accordance with this Act, remained in New Zealand after the departure of that craft:
b: in respect of any person for whom the carrier is obliged to provide passage or the cost of passage under paragraph (a) of this subsection, to pay all costs (if any) incurred by the Crown in detaining and maintaining that person pending the person's departure from New Zealand.
5: The foregoing provisions of this section shall be read subject to any applicable special direction or to any regulations made under section 150
6: Where any carrier or person in charge of a craft fails without reasonable excuse to comply with any of the requirements of subsection (1) or subsection (2) or subsection (3) of this section, that carrier or that person commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding,—
a: in the case of the person in charge of the craft, $10,000
b: in the case of the carrier, $20,000
7: Every carrier who fails to comply with any of the requirements of subsection (4) of this section commits an offence and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $20,000
8: If proceedings in respect of an offence against subsection (6) of this section are taken against the person in charge of any craft, proceedings in respect of that offence shall not be taken against the carrier; and if proceedings in respect of any such offence are taken against the carrier, proceedings in respect of that offence shall not be taken against the person in charge of the craft.
9: A person who in good faith imposes reasonable measures, including restraint, on another person in accordance with the provisions of this section is not guilty of an offence and is not liable to any civil proceedings in respect of those measures. Section 125 heading amended 2 July 2004 section 5 Immigration Amendment Act 2004 Section 125(2)(aa) inserted 15 September 1993 Immigration Amendment Act 1993 Section 125(2)(b) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 125(2)(b)(ii) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 125(2)(e) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 125(4)(a)(i) amended 15 September 1993 Immigration Amendment Act 1993 Section 125(6)(a) amended 18 November 1991 section 36(a) Immigration Amendment Act 1991 Section 125(6)(b) amended 18 November 1991 section 36(b) Immigration Amendment Act 1991 Section 125(7) amended 18 November 1991 section 36(c) Immigration Amendment Act 1991
126: Responsibilities of persons arriving in or leaving New Zealand
1: Except as provided in regulations made under section 150
a: except where the person is the holder of a pre-cleared permit, the Customs place
b: to produce for inspection on demand by an immigration officer that person's passport or certificate of identity to enable the officer to determine whether or not the person is entitled to be in New Zealand with or without a permit under this Act:
c: subject to the provisions of section 25 forthwith
2: Except as provided in regulations made under section 150
a: to present himself or herself to an immigration officer at a Customs place
b: to produce for inspection on demand by an immigration officer that person's passport or certificate of identity.
3: Where any person to whom subsection (1) or subsection (2) of this section applies is, by reason of age or disability, incapable of complying with the requirements of the relevant subsection, it shall be 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 person commits an offence against this Act who completes any arrival card or departure card in a manner that the person knows to be false or misleading in any particular or fails to comply with any of the foregoing provisions of this section.
5: Every passport or certificate of identity produced by a person to an immigration officer under subsection (1)(b) of this section—
a: shall, if the person is a New Zealand citizen or is granted a permit or is exempt under this Act from the requirement to hold a permit, be returned to that person before that person leaves the arrival hall
b: if the person is refused a permit, may be retained by the immigration officer, but shall be returned to that person on that person's departure from New Zealand.
6: A member of the police may arrest a person, and present him or her to an immigration officer, if the member of the police has good cause to suspect that—
a: the person arrived in New Zealand from another country elsewhere than at a Customs place, and did not forthwith report to an immigration officer at a Customs place; or
b: the person recently arrived in New Zealand from another country elsewhere than at a Customs place, and will not forthwith report to an immigration officer at a Customs place. Section 126(1)(a) amended 15 September 1993 Immigration Amendment Act 1993 Section 126(1)(a) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 126(1)(c) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 126(1)(c) amended 18 June 2002 section 8(1) Immigration Amendment Act 2002 Section 126(2)(a) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 126(5)(a) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 126(6) inserted 18 June 2002 section 8(2) Immigration Amendment Act 2002
126A: 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 shall apply to that passenger from the time at which that passenger enters the departure hall at the commencement of the domestic sector until the time at which the passenger leaves the arrival hall at the end of the domestic sector.
2: Every person to whom this section applies shall produce for inspection on demand by an immigration officer that person's passport or certificate of identity and that person's boarding pass or tickets
3: Every person commits an offence against this Act who fails to produce on demand that person's passport or certificate of identity in accordance with subsection (2) of this section.
4: Every passport or certificate of identity or boarding pass or tickets
a: shall, if the person is a New Zealand citizen or holds a permit or is exempt under this Act from the requirement to hold a permit, be inspected immediately and returned to that person as soon as the inspection has concluded; or
b: may, if the person does not hold a permit, and the officer does not grant that person a permit, be retained by the immigration officer, but after any such retention shall be returned to that person on that person's departure from New Zealand. Section 126A inserted 21 March 1993 section 8 Air Facilitation Act 1993 Section 126A(1) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 126A(2) amended 1 November 1994 section 12 Air Facilitation (Domestic Passengers and Cargo) Act 1994 Section 126A(4) amended 1 November 1994 section 12 Air Facilitation (Domestic Passengers and Cargo) Act 1994 Section 126A(4)(a) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996
126B: 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 shall apply to that passenger from the time at which that passenger enters the departure hall at the commencement of the domestic sector until the time at which the passenger leaves the arrival hall at the end of the domestic sector.
2: Every person to whom this section applies shall, on demand made by an immigration officer,—
a: produce for inspection such of the following documents as the officer may specify:
i: that person's boarding pass:
ii: that person's tickets:
iii: if carried by that person, that person's passport or certificate of identity:
iv: such other document or documents as may from time to time be prescribed; or
b: if the person is unable to produce the specified document or the specified documents, complete a form approved and issued for the purpose by the Minister under section 132
3: A demand under subsection (2) of this section may be made of a person only for the purpose of enabling the immigration officer to establish that person's identity or that person's entitlement to air travel for a domestic sector or both.
4: Every boarding pass or passport or certificate of identity or other documents or tickets produced by a person to an immigration officer under subsection (2) of this section shall 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 that officer to determine whether or not he or she wishes to exercise any power under this Act in relation to the person or the boarding pass or passport or certificate of identity or other documents or tickets.
5: Nothing in this section shall limit the exercise by an immigration officer of any power contained in any other provision of this Act. Section 126B inserted 1 November 1994 section 13 Air Facilitation (Domestic Passengers and Cargo) Act 1994 Section 126B(1) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996
127: Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control
1: Where the holder of a temporary permit departs from New Zealand for another country on any craft, and—
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 permit 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 shall, on application by that person, grant a temporary permit to that person current until a date not earlier than the 14th day following that return.
2: Where a person who is exempt under this Act from the requirement to hold a permit departs from New Zealand for another country on any craft, and—
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 exemption 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,— that person shall be deemed to be exempt under this Act from the requirement to hold a permit for a period of 14 days following the day of that return.
128: Detention and departure of persons refused permits, etc
1: This section applies to every person (other than a person to whom section 128B section 129
a: arrives in New Zealand from another country; and
b: is not exempt under this Act from the requirement to hold a permit; and
c: either—
i: fails to apply in the prescribed manner for a permit; or
ii: is refused a permit; or
iii: is a stowaway; or
iv: is a person whose pre-cleared permit has been revoked by an immigration officer pursuant to section 35F
2: For the purposes of this section, a stowaway shall be 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, and, subject to subsections (3), (13) and (14) of this section, this section shall apply to the stowaway while the stowaway remains within those limits.
3: This section shall cease to apply to any person (including any stowaway), on the expiration of 72 hours after the time when that person first reports or presents to an immigration officer after arriving in New Zealand from another country
4: Any person to whom this section applies shall be deemed for the purposes of this Act to be in New Zealand unlawfully, but, for so long as this section applies to that person, that person shall not be liable to be dealt with under any of the provisions of Part 2
5: Subject to subsection (7), on the request of an immigration officer to a member of the police, any person to whom this section applies must be detained by a member of the police and placed in custody pending that person's departure from New Zealand on the first available craft.
6: Every person who is placed in custody under subsection (5) of this section and is to be detained overnight shall be detained,—
a: in the case of a person under 17 years of age who is not married or in a civil union
i: any residence (within the meaning of section 2 Children, Young Persons, and Their Families Act 1989 chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989
ii: any other premises agreed to by the parent or guardian of that person and an immigration officer; or
b: in any other case, in—
i: any premises approved by the chief executive of the Department of Labour
ii: a Police station.
7: Where a person to whom this section applies is to be detained for more than 48 hours after the time of that person's detention by a member of the Police under subsection (5) of this section, an immigration officer or a member of the Police shall apply to the Registrar (or, in the Registrar's absence, the Deputy Registrar) of a District Court for a warrant of commitment in the prescribed form authorising the detention for a period not exceeding 28 days of that person in a prison
8: Every application under subsection (7) of this section shall be made on oath, and shall include a statement of the reasons why the person is a person to whom this section applies.
9: Every such warrant of commitment shall authorise the manager
a: required by a member of the Police to deliver up that person in accordance with subsection (11) of this section; or
b: the release of the person in accordance with subsection (14)(a); or
c: the expiry of the period for which detention is then authorised by the warrant (as determined having regard to any extension or further extension of the warrant granted under subsection (13B) of this section, and to subsection (16) of this section, and, where appropriate, to—
i: section 128AA(12)
ii: subsections (2)(a) and (12) of section 128A whichever first occurs.
10:
11: When a craft becomes available to take from New Zealand any person to whom this section applies who is in custody pursuant to a warrant of commitment issued under subsection (7) of this section, and it is practicable in all the circumstances for the person to leave on that craft, the manager
12: If, for any reason, the craft ceases to be available to take the person from New Zealand or is, or is likely to be, delayed in New Zealand for more than 24 hours, or if for any other reason the person is unable to leave New Zealand at the expected time, the person shall be returned to the custody from which the person was taken, and for that purpose the warrant of commitment shall be deemed still to be of full force and effect.
13: Where it becomes apparent to an immigration officer that a person detained in custody under a warrant of commitment issued under subsection (7) is, or is likely to be, unable to leave New Zealand before the expiry of the period for which detention is then authorised by the warrant (as determined having regard to the matters referred to in subsection (9)(c))
a: apply to a District Court Judge for an extension, or further extension, of the warrant; or
b: notify in writing the manager
13A: An application for extension or further extension of a warrant under subsection (13)(a) must—
a: be made on oath; and
b: include a statement of the reasons why the extension or further extension is requested.
13B: On an application for the extension or further extension of a warrant of commitment under subsection (13)(a), the Judge may, if satisfied that the person is still a person to whom this section applies, extend or further extend the warrant—
a: for a further period not exceeding 7 days; or
b: for such longer period as the Judge thinks necessary in the circumstances to allow all the persons in the group concerned to be properly dealt with, in any case where the person detained under the warrant is a member of a group of people—
i: who arrived in New Zealand on the same ship or aircraft; and
ii: all or most of whom are persons to whom this section applies.
14: The manager
a: on receiving written notification from an immigration officer under subsection (13)(b) that the person should be released; or
b: if not earlier released, on the expiry of the period for which detention is authorised under the warrant (as determined having regard to section 128A(2)(a) and (12)
14A: On the release of a person under subsection (14),—
a: Part 2
b: this section ceases to apply in respect of the person.
15: A person who is detained under this section must not be granted bail, but may be released under section 128AA section 128A
16: The period for which detention is authorised by a warrant of commitment issued under subsection (7) must be reckoned exclusive of any period commencing on the date on which the person to whom the warrant relates escapes from lawful custody and ending 72 hours after the date on which the person is again taken into custody under this Act. Section 128(1) amended 18 November 1991 section 37(1) Immigration Amendment Act 1991 Section 128(1)(c)(iii) substituted 15 September 1993 Immigration Amendment Act 1993 Section 128(1)(c)(iv) inserted 15 September 1993 Immigration Amendment Act 1993 Section 128(3) amended 18 June 2002 section 9(1) Immigration Amendment Act 2002 Section 128(5) substituted 18 June 2002 section 9(2) Immigration Amendment Act 2002 Section 128(6)(a)(i) substituted 1 November 1989 section 456(1) Children, Young Persons, and Their Families Act 1989 Section 128(6)(b)(i) substituted 16 October 1989 section 2(8)(a) Labour Department Act Repeal Act 1989 Section 128(6)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 128(6)(a)(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 128(7) amended 1 June 2005 section 206 Corrections Act 2004 Section 128(9) amended 1 June 2005 section 206 Corrections Act 2004 Section 128(9)(c) amended 18 November 1991 section 37(2) Immigration Amendment Act 1991 Section 128(9)(b) substituted 16 June 1999 section 37(1) Immigration Amendment Act 1999 Section 128(9)(c) substituted 16 June 1999 section 37(1) Immigration Amendment Act 1999 Section 128(9)(c) substituted 18 June 2002 section 9(3) Immigration Amendment Act 2002 Section 128(10) repealed 1 June 2005 section 206 Corrections Act 2004 Section 128(11) amended 1 June 2005 section 206 Corrections Act 2004 Section 128(13) amended 18 November 1991 section 37(3) Immigration Amendment Act 1991 Section 128(13) substituted 16 June 1999 section 37(2) Immigration Amendment Act 1999 Section 128(13) amended 18 June 2002 section 9(4) Immigration Amendment Act 2002 Section 128(13)(b) amended 1 June 2005 section 206 Corrections Act 2004 Section 128(13A) inserted 16 June 1999 section 37(2) Immigration Amendment Act 1999 Section 128(13B) inserted 16 June 1999 section 37(2) Immigration Amendment Act 1999 Section 128(14) amended 18 November 1991 section 37(3) Immigration Amendment Act 1991 Section 128(14) substituted 16 June 1999 section 37(2) Immigration Amendment Act 1999 Section 128(14) amended 1 June 2005 section 206 Corrections Act 2004 Section 128(14A) inserted 16 June 1999 section 37(2) Immigration Amendment Act 1999 Subsection 128(15) inserted 18 November 1991 section 37(4) Immigration Amendment Act 1991 Section 128(15) substituted 18 June 2002 section 9(5) Immigration Amendment Act 2002 Section 128(16) inserted 18 June 2002 section 9(5) Immigration Amendment Act 2002
128AA: Detained person may be conditionally released from detention in certain cases
1: This subsection applies to a person who is not a refugee status claimant (within the meaning of section 129B(1)
a: is placed in custody under section 128(5)
b: is the subject of a warrant of commitment issued under section 128(7)
2: This subsection applies to—
a: a refugee status claimant (within the meaning of section 129B(1)
i: is placed in custody under section 128(5)
ii: is the subject of a warrant of commitment issued under section 128(7)
b: a person who is the subject of an application under section 128(13)(a) section 128(7)
3: An immigration officer may apply to a District Court Judge for an order that a person to whom subsection (1) applies be conditionally released from custody.
4: An immigration officer or the person concerned may apply to a District Court Judge for an order that a person to whom subsection (2) applies be conditionally released from custody.
5: An application under subsection (3) or subsection (4) section 128
6: On an application under subsection (3) or subsection (4), the Judge may make an order for the person's conditional release.
7: The order must state—
a: either a day on which it expires or an event upon the occurrence of which it expires; and
b: a location at which the person to whom it relates must give himself or herself up when it expires.
8: If the Judge does not make an order for the person's conditional release,—
a: in the case of an application made in respect of a person who is not already subject to a warrant of commitment issued under section 128(7) prison
b: in the case of an application made in respect of a person who is the subject of an application under section 128(13)(a) section 128(7)
i: for any period the Judge thinks necessary in the circumstances to allow all the persons in the group concerned to be properly dealt with, if the person detained under the warrant is a member of a group of people—
A: all of whom arrived in New Zealand on the same ship or aircraft; and
B: all or most of whom are people to whom section 128
ii: for a further period not exceeding 7 days if the person detained under the warrant is not a member of such a group.
9: A warrant of commitment issued under subsection (8)(a) must be treated as a warrant of commitment issued under section 128(7)
10: On the day or (as the case may be) the occurrence of the event stated in it, an order under subsection (6) for a person's conditional release expires, and the person must deliver himself or herself up to an immigration officer at the location stated in it.
11: If a person delivers himself or herself up to an immigration officer under subsection (10),—
a: in the case of a person to whom subsection (1) or subsection (2) applied by virtue of his or her being placed in custody under section 128(5)
i: the person must be treated as a person to whom section 128(5)
ii: if the person is to be detained for more than 48 hours after delivering himself or herself up, an application must be made in accordance with section 128(7)
b: in any other case, if not released, the person must again be taken into custody, and may be detained in custody under section 128
12: The period for which detention is authorised by a warrant of commitment issued under section 128(7)
a: the expiration of 72 hours after the date on which the person is again taken into custody under this Act:
b: the extension or further extension of the warrant under section 128(13B)
13: If a permit is granted under this Act to a person to whom an order under subsection (6) relates,—
a: the order is cancelled; and
b: Part 2
c: section 128 Section 128AA inserted 18 June 2002 section 10 Immigration Amendment Act 2002 Section 128AA(8)(a) amended 1 June 2005 section 206 Corrections Act 2004
128AB: Conditions
1: An order under section 128AA(6)
a: must be made subject to the condition that the released person—
i: must reside at a specified address; and
ii: must report to an office of the Department of Labour or to a police station at specified times and intervals, and in a specified manner:
b: if the released person is a refugee status claimant under Part 6A
c: may be made subject to any other conditions the Judge thinks fit to impose in the circumstances.
2: The conditions imposed on a released person under subsection (1)—
a: must be notified in writing to the person before his or her release; and
b: take effect on his or her release.
3: An immigration officer and the released person—
a: may agree to vary a condition imposed under paragraph (a) or paragraph (b) of subsection (1); and
b: if the order containing it so provides, or with the consent of a District Court Judge, may agree to vary a condition imposed under subsection (1)(c).
4: A variation of a condition—
a: takes effect immediately; but
b: must be reduced to writing, and notified to the released person, as soon as practicable. Section 128AB inserted 18 June 2002 section 10 Immigration Amendment Act 2002
128AC: Breach of condition or failure to deliver oneself up to immigration officer
1: This subsection applies to a person who has been released under section 128AA
a: after the person breaches a condition imposed under section 128AB
b: at any time between the time the person fails to deliver himself or herself up to an immigration officer as required by section 128AA(10)
2: If subsection (1) applies, the person is liable to be arrested by any member of the police, without warrant, and placed in custody.
3: If arrested and placed in custody, the person must as soon as possible be brought again before a District Court Judge; and subject to subsection (4),—
a: in the case of a person to whom subsection (1) or subsection (2) of section 128AA section 128(5) prison section 128AA
b: in any other case, the Judge must decide whether to order that the person must again be taken into custody, or again make an order for the person's conditional release under section 128AA
4: If a person brought before a District Court Judge under subsection (3) has breached a condition imposed under paragraph (a) or paragraph (b) of section 128AB(1)
5: A warrant under subsection (3)(a) must be treated as if it has been issued pursuant to section 128(7)
6: If an order is made under subsection (3)(b) that a person must again be taken into custody, the person may be detained in custody under section 128
7: If a person is released under section 128AA section 128AB section 128AA(10)
a: the person must continue to be treated as a person to whom section 128
b: nothing in Part 2 Section 128AB inserted 18 June 2002 section 10 Immigration Amendment Act 2002 Section 128AC(3)(a) amended 1 June 2005 section 206 Corrections Act 2004
128AD: Cancellation of order for conditional release
1: An immigration officer may make an application to a District Court Judge for an order cancelling an order under section 128AA(6)
2: An application under subsection (1) must be made on oath, and state why the person to whom the order for release relates should no longer be released on conditions.
3: The District Court Judge may make or refuse to make an order, as he or she thinks fit.
4: If the District Court Judge makes an order,—
a: the person is liable to be arrested by any member of the police, without warrant, and placed in custody; and
b: if the person is arrested and placed in custody,—
i: in the case of a person to whom subsection (1) or subsection (2) of section 128AA section 128(5)
A: the person must be treated as a person to whom section 128(5)
B: if that person is to be detained for more than 48 hours after delivering himself or herself up, an application must be made in accordance with section 128(7)
ii: in any other case, the person must again be taken into custody, and may be detained in custody under section 128 Section 128AD inserted 18 June 2002 section 10 Immigration Amendment Act 2002
128A: Procedure under section 128 if review proceedings, etc, brought
1: For the purposes of this section, the term review proceedings habeas corpus
2: If review proceedings are brought by a person detained under section 128
a: the period for which detention is authorised under the warrant (as extended or further extended under section 128(13B)
i: any period during which the review proceedings are in existence (which period includes both the date of commencement and the date of completion of the proceedings); and
ii: any period for which the person, having failed to deliver himself or herself up in accordance with subsection (5) of this section, is at large following the completion of the review proceedings; and
b: where the person is neither delivered up to a member of the Police under section 128(11) section 128(13)(a) section 128(13B)
i: the person shall be brought before a District Court Judge by an immigration officer or a member of the Police, and the Judge shall consider the question of that person's continued custody under the warrant; and
ii: thereafter, while the person remains in custody, the person shall be brought before a District Court Judge at intervals of not more than 7 days for further consideration of that question.
3: Where the person is brought before a District Court Judge under subsection (2)(b) of this section, the Judge shall, subject to subsection (4) of this section, extend the warrant of commitment for—
a: a period of 7 days; or
b: where the final duration of the review proceedings is known, such shorter period as will ensure that the person is not detained under the warrant for a period which exceeds in total the sum of—
i: 28 days; and
ii: any further number of days for which the warrant was extended or further extended under section 128(13B)
iii: the period of duration of the review proceedings.
4: Notwithstanding subsection (3) of this section, the District Court Judge may, if—
a: the review proceedings have not been completed at the time the person is brought before the Judge; and
b: the Judge is satisfied that the review proceedings are not likely to be completed within the next 7 days; and
c: the person detained under the warrant satisfies the Judge that he or she is not likely to abscond, or to breach any condition imposed under subsection (6) of this section,— order the release of the person upon the conditions specified in subsection (6) of this section.
5: Any such order for release shall expire on the date on which the review proceedings are completed, and the person shall on that date deliver himself or herself up to an immigration officer at such location as is specified for that purpose in the order, whereupon, depending on the result of the review proceedings, either—
a: the person shall again be taken into custody and may be detained section 128(5)
b: the person shall be released.
6: Any order for release made under subsection (4) of this section shall be subject to the following terms and conditions:
a: the person shall reside at such address as is specified in the order, or such other address as may be agreed between an immigration officer and the person under subsection (7) of this section:
b: the person shall report daily to an office of the Department of Labour or a Police station at such time and in such manner as the Judge may specify, or at such other intervals or times or in such other manner as may be agreed between an immigration officer and the person under subsection (7) of this section:
c: the person shall comply with such other conditions as the Judge thinks fit to impose.
7: Any condition imposed—
a: by paragraph (a) or paragraph (b) of subsection (6) of this section; or
b: by the Judge under paragraph (c) of that subsection, if the Judge authorises the variation of any such condition by consent between an immigration officer and the person released,— may be varied by consent between an immigration officer and the person released, and the condition shall take effect as so varied.
8: Any conditions imposed on a person released under subsection (4) of this section shall be notified in writing to the person upon the person's release and shall take effect immediately.
9: Any variation of a condition pursuant to subsection (7) of this section shall take effect when the variation is agreed between the immigration officer and the person, and shall be reduced to writing and notified to the person as soon as practicable thereafter.
10: A breach of any condition imposed or varied under this section nullifies the order for release, and thereafter—
a: the person is liable to be arrested by any member of the Police without warrant and placed in custody; and
b: where the person is so arrested and placed in custody the person shall as soon as possible be brought again before a District Court Judge under subsection (2)(b) of this section; and
c: where the condition breached was a condition imposed by or under paragraph (a) or paragraph (b) of subsection (6) of this section, subsection (4) of this section shall no longer apply to allow the release of the person unless the District Court Judge is satisfied that the person had a reasonable excuse for breaching the condition.
10A: If a person fails to deliver himself or herself up in accordance with subsection (5) on the date of completion of the review proceedings,—
a: the person is liable to be arrested by any member of the Police without warrant and placed in custody; and
b: if so arrested and placed in custody, the person must as soon as possible be brought again before a District Court Judge under subsection (2)(b) so that the Judge may determine whether the person should be detained pursuant to the warrant issued under section 128
11: Where a person is released under subsection (4) of this section, and whether or not the person complies with the conditions of the release or absconds during the currency of the order for release or fails to deliver himself or herself up on the expiry of the order,—
a: the person shall be deemed for the purposes of the provisions of this Act still to be a person to whom section 128
b: nothing in Part 2
12: Where a person released under subsection (4) of this section fails to deliver himself or herself up to an immigration officer on the expiry of the order for release, the period for which detention is authorised by the warrant of commitment issued under section 128(7) section 128(13B)
a: any period referred to in subsection (2)(a) of this section during which review proceedings are in existence; and
b: any period commencing on the date of expiry of the order for release and ending on the date on which the person is again taken into custody under this Act. Section 128A inserted 18 November 1991 section 38 Immigration Amendment Act 1991 Section 128A(2)(a) substituted 16 June 1999 section 38(1) Immigration Amendment Act 1999 Section 128A(2)(b) amended 16 June 1999 section 38(2) Immigration Amendment Act 1999 Section 128A(3)(b) substituted 16 June 1999 section 38(3) Immigration Amendment Act 1999 Section 128A(5)(a) amended 18 November 1991 section 11 Immigration Amendment Act 2002 Section 128A(10A) inserted 16 June 1999 section 38(4) Immigration Amendment Act 1999 Section 128A(12) amended 16 June 1999 section 38(5) Immigration Amendment Act 1999
128B: Detention of persons whose eligibility for permit is not immediately ascertainable
1: This section applies to every person who arrives in New Zealand from another country (not being a person who is exempt under section 11 section 12
a: an immigration officer or any member of the Police has reason to suspect that the person may be a person to whom section 7(1)
b: the person has no appropriate documentation for immigration purposes, or any such documentation held by the person appears to be false,— and a decision as to whether or not to grant that person a permit or, in the case where the person holds a pre-cleared permit, as to whether or not to revoke that permit, section 7(1)
2: Any person to whom this section applies (including any such person who holds a pre-cleared permit) Part 2
3: Any person to whom this section applies may be detained by any member of the Police and placed in custody in accordance with this section while a determination is made as to whether or not section 7(1)
4: Every such determination shall be made by the Minister acting on the advice of the Commissioner of Police, or of such other adviser as the Minister thinks appropriate in the circumstances of the case.
5: This section shall continue to apply to any person until—
a: a determination is made that the person is not a person to whom section 7(1)
i: the person must be released immediately, if the person is granted a permit or already holds a pre-cleared permit; or
ii: if no permit is granted to the person, and the person does not already hold a pre-cleared permit, the person is liable to be dealt with under section 128
b: a determination is made that the person is a person to whom section 7(1) section 128
c: the person requests removal from New Zealand, in which case the person may be treated as a person to whom section 128
6: Where a person to whom this section applies is detained by any member of the Police and placed in custody the following provisions shall apply:
a: the Minister shall take all practicable steps to determine, as speedily as may be possible in the circumstances, whether or not the person is a person to whom section 7(1)
b: where the Minister considers that there may be reasonable grounds for believing that the person is a person to whom section 7(1)
c: a member of the Police or an immigration officer shall, not later than 48 hours after the person is taken into custody, apply to a District Court Judge for a warrant of commitment in the prescribed form authorising the detention in custody of that person for a period of 28 days in the first instance pending a determination as to whether or not the person is a person to whom section 7(1)
7: Every person who is placed in custody under subsection (3) or subsection (6)(c) of this section and is to be detained overnight shall be detained—
a: in the case of a person under 17 years of age who is not married or in a civil union
i: any residence (within the meaning of section 2 chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families Act 1989
ii: any other premises agreed to by the parent or guardian of that person and an immigration officer; or
b: in any other case, in—
i: any premises approved by the Secretary of Labour; or
ii: a Police station; or
iii: at the direction of a Judge, in a prison
8:
9: A warrant of commitment issued under subsection (6)(c) of this section shall authorise the manager prison
a: the expiry of 28 days from the date of the issue of the warrant, or the expiry of such further period for which the warrant may be extended under subsection (10) of this section; or
b: the person ceases to be a person to whom this section applies pursuant to subsection (5) of this section.
10: Where a person detained in custody pursuant to a warrant of commitment issued under subsection (6)(c) of this section is not, before the end of the 28-day period specified in that subsection, either released and given a permit or treated as a person to whom section 128
a: the person shall again be brought before a District Court Judge by an immigration officer or a member of the Police, and the Judge shall consider the question of that person's continued custody under the warrant; and
b: thereafter, while the person remains in custody, the person shall be brought before a District Court Judge at intervals of not more than 7 days for further consideration of that question.
11: Where a person is brought before a District Court Judge under subsection (10) of this section, the Judge shall extend the warrant if the Judge is satisfied the person is still a person to whom this section applies.
11A: If a person to whom this section applied is subsequently treated as a person to whom section 128 section 128(7)
12: No person detained pursuant to this section shall be granted bail. Section 128B inserted 18 November 1991 section 38 Immigration Amendment Act 1991 Section 128B(1) amended 15 September 1993 Immigration Amendment Act 1993 Section 128B(2) amended 15 September 1993 Immigration Amendment Act 1993 Section 128B(5)(a) amended 15 September 1993 Immigration Amendment Act 1993 Section 128B(5)(a) substituted 16 June 1999 section 39(1) Immigration Amendment Act 1999 Section 128B(7)(a) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 128B(7)(a)(i) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 128B(7)(b)(iii) amended 1 June 2005 section 206 Corrections Act 2004 Section 128B(8) repealed 1 June 2005 section 206 Corrections Act 2004 Section 128B(9) amended 1 June 2005 section 206 Corrections Act 2004 Section 128B(9) amended 1 June 2005 section 206 Corrections Act 2004 Section 128B(11A) inserted 16 June 1999 section 39(2) Immigration Amendment Act 1999
129: Transit passengers
1: Subject to subsection (2) of this section, nothing in this Act requires any person to apply for or hold a permit if that person arrives in New Zealand from another country while in transit to another destination and remains on the craft, or in a Customs controlled area
2: This section shall cease to apply to any person on the expiry of the period of 24 hours that follows the time of the person's arrival in New Zealand.
3: Nothing in this section affects the obligation of any person to apply for and obtain a transit visa under this Act. Section 129 substituted 18 November 1991 section 39 Immigration Amendment Act 1991 Section 129(1) amended 1 October 1996 section 289(1) Customs and Excise Act 1996
6A: Refugee determinations
Part 6A inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129A: Object of this Part
The object of this Part is to provide a statutory basis for the system by which New Zealand ensures it meets its obligations under the Refugee Convention. Section 129A inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129B: Definitions
1: In this Part, unless the context otherwise requires: Authority section 129N claim claimant refugee status claimant Convention section 2 refugee status officer officer section 129E subsequent claim
2: For the purposes of this Part, a claim may not be treated as finally determined at any time before the expiry of the appropriate appeal period specified in section 129O(3) Section 129B inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129C: Refugee status to be determined under this Part
1: Every person in New Zealand who seeks to be recognised as a refugee in New Zealand under the Refugee Convention is to have that claim determined in accordance with this Part.
2: Every question as to whether a person in New Zealand should continue to be recognised as a refugee in New Zealand under the Refugee Convention is to be determined in accordance with this Part. Section 129C inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129D: Refugee Convention to apply
1: In carrying out their functions under this Part, refugee status officers and the Refugee Status Appeals Authority are to act in a manner that is consistent with New Zealand's obligations under the Refugee Convention.
2: The text of the Refugee Convention is set out in Schedule 6 Section 129D inserted 1 October 1999 section 40 Immigration Amendment Act 1999 Claims for refugee status
129E: Claim to be determined by refugee status officer
1: Every claim to be recognised as a refugee in New Zealand is to be determined by a refugee status officer.
2: The chief executive of the Department of Labour is from time to time to designate as refugee status officers such persons employed in the Department as the chief executive considers necessary for the purposes of this Part.
3: No person may be designated as a refugee status officer, or act as a refugee status officer, at any time when the person is also currently employed in considering applications for permits under this Act or in administering the removal provisions in Part 2 Section 129E inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129F: Functions of officers considering claims
1: On receipt of a claim that is not a subsequent claim, it is the function of a refugee status officer to, as appropriate,—
a: determine whether the claimant is a refugee within the meaning of the Refugee Convention:
b: determine whether the claimant should be excluded from the protection of the Convention because of the application of any of Articles 1D, 1E, and 1F of the Convention
2: On receipt of a subsequent claim, it is the function of an officer to—
a: determine whether, since the most recent claim by the person, circumstances in the claimant's home country have changed to such an extent that the subsequent claim is based on significantly different grounds to the previous claim; and
b: only if the officer is satisfied that circumstances have so changed, determine any matter specified in subsection (1). Section 129F inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129G: How claim made and handled
1: A claim is made as soon as a person signifies his or her intention to seek to be recognised as a refugee in New Zealand to a representative of the Department of Labour or to a member of the Police.
2: Once a claim is made, the claimant must, on request by a refugee status officer, confirm the claim in writing in the prescribed manner.
3: A claimant must as soon as is possible endeavour to provide to an officer all information relevant to his or her claim, including—
a: a statement of the grounds for the claim; and
b: an indication of whether any other members of the claimant's immediate family who are in New Zealand are also seeking recognition as refugees and, if so, whether any such claim is on different grounds.
4: A claimant must provide an officer with a current address in New Zealand to which communications relating to the claim may be sent and a current residential address, and must notify the officer in timely manner of a change in either of those addresses. The officer may rely on the latest address so provided for the purpose of communications under this Part.
5: It is the responsibility of the claimant to establish the claim, and the claimant must ensure that all information, evidence, and submissions that the claimant wishes to have considered in support of the claim are provided to the refugee status officer before the officer makes a determination on the claim.
6: For the purpose of determining a claim, an officer—
a: may seek information from any source; but
b: is not obliged to seek any information, evidence, or submissions further to that provided by the claimant; and
c: may determine the claim on the basis of the information, evidence, and submissions provided by the claimant.
7: Subject to this Part and to any regulations made under it, and to the requirements of fairness, an officer may determine his or her own procedures on a claim. Section 129G inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129H: Powers of refugee status officers
1: In carrying out his or her functions under this Part, a refugee status officer may—
a: require a claimant to supply such information, and within such times, as the officer reasonably requires:
b: require the claimant to produce such documents in the claimant's possession or within the claimant's ability to obtain as the officer requires:
c: require the claimant to consent to the release by any other person of any relevant documents or information relating to the claimant:
d: if the officer has good cause to suspect that a person other than the claimant has in his or her possession or control any document of the claimant (including any passport or travel document), in the prescribed manner request the person to produce any such document:
e: require the claimant to provide or allow the taking of such fingerprints or photographs of the claimant as are reasonably necessary for the purpose of ascertaining or confirming the claimant's identity or nationality:
f: require the claimant to attend an interview.
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 has a lien over the document.
3: If a claimant is detained in custody, a refugee status officer may require the relevant member of the Police, manager prison
a: provide the officer with access to the place where the claimant is being detained, and to the claimant; and
b: produce the claimant for interview.
4: The member of the Police, manager
5: Where a claimant who is required to attend an interview fails to attend at the appointed time and place, the officer may determine the claim without conducting the interview.
6: An officer may decide the order in which claims are to be handled, and no decision on a claim is to be called into question on the basis that it ought to have been handled earlier or later than any other claim or category of claim. Section 129H inserted 1 October 1999 section 40 Immigration Amendment Act 1999 Section 129H(3) amended 1 June 2005 section 206 Corrections Act 2004 Section 129H(3) amended 1 June 2005 section 206 Corrections Act 2004 Section 129H(4) amended 1 June 2005 section 206 Corrections Act 2004
129I: Decisions on claims
1: The decision of a refugee status officer on a claim is final, except insofar as it is overturned by the Refugee Status Appeals Authority on an appeal under section 129O
2: An officer must notify a claimant, in the prescribed manner, of—
a: the officer's decision on the claim; and
b: the reasons for that decision; and
c: the claimant's right of appeal to the Authority.
3: Once the decision is made and notified to the claimant, the officer may not re-open the claim for further consideration. Section 129I inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129J: Limitation on subsequent claims for refugee status
1: A refugee status officer may not consider a claim for refugee status by a person who has already had a claim for refugee status finally determined in New Zealand unless the officer is satisfied that, since that determination, circumstances in the claimant's home country have changed to such an extent that the further claim is based on significantly different grounds to the previous claim.
2: In any such subsequent claim, the claimant may not challenge any finding of credibility or fact made in relation to a previous claim, and the officer may rely on any such finding. Section 129J inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129K: Claim not to be accepted from holder of residence permit or New Zealand citizen
1: A refugee status officer may not consider a claim for refugee status by a person who is—
a: the holder of a residence permit; or
b: a New Zealand citizen; or
c: exempt under section 12
2: This section does not affect the power of an officer to determine the question of such a person's continued refugee status arising under section 129L Section 129K inserted 1 October 1999 section 40 Immigration Amendment Act 1999 Additional functions of refugee status officers in relation to continuation, etc, of refugee status
129L: Additional functions of refugee status officers
1: In addition to their function of determining claims for refugee status, refugee status officers also have the following functions:
a: determining whether the Refugee Convention has ceased to apply to a person who has previously been recognised as a refugee by a refugee status officer (but not by the Refugee Status Appeals Authority) in terms of Article 1C of the Convention
b: determining whether a decision to recognise a person as a refugee was properly made, in any case where it appears that the recognition given by a refugee status officer (but not by the Authority) may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information, and determining to cease to recognise the person as a refugee in such a case if appropriate:
c: determining whether a person already recognised as a refugee should subsequently be excluded from the protection of the Convention, in any case where the matters dealt with in Articles 1D, 1E, and 1F of the Convention
d: determining whether, in the light of any relevant international arrangement or agreement, a person who may have lodged a claim for refugee status in another country, or had the opportunity to lodge such a claim, may have a claim for refugee status accepted for consideration in New Zealand:
e: determining, in the case of a person who has already been recognised as a Convention refugee by a country other than New Zealand, whether that person may avail himself or herself of the protection of that country:
f: applying to the Refugee Status Appeals Authority for a determination as to whether—
i: the Convention has ceased to apply, in terms of Article 1C, to a person who has previously been recognised as a refugee by the Authority:
ii: the Authority should cease to recognise a person as a refugee, in any case where that recognition may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:
iii: any of Articles 1D, 1E, and 1F of the Convention
2: Refugee status officers also have the functions specified in paragraphs (a) to (c) of subsection (1), as if those paragraphs referred to recognition by the appropriate person or body rather than by a refugee status officer, in respect of—
a: persons who, before 1 January 1991, were recognised as refugees following consideration of their claims by the Interdepartmental Committee on Refugees; and
b: persons recognised as refugees outside New Zealand who have travelled to New Zealand as mandated refugees. Section 129L inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129M: Procedures to be followed in carrying out additional functions
When carrying out any function under section 129L
a: a refugee status officer must take all reasonable steps to notify the person concerned in the prescribed manner of the matter that is being considered; and
b: except in the case of a function described in section 129L(1)(f) sections 129G 129H 129I(2) and (3) Section 129M inserted 1 October 1999 section 40 Immigration Amendment Act 1999 Appeals to Refugee Status Appeals Authority
129N: Refugee Status Appeals Authority
1: For the purposes of this Part there continues to be a body called the Refugee Status Appeals Authority.
2: The main functions of the Authority are—
a: to hear appeals brought under section 129O
b: to make determinations in relation to a person's refugee status on applications made by refugee status officers under section 129L(1)(f)
3: The Authority is to consist of—
a: such number of members as the Governor-General determines from time to time on the advice of the Minister, being barristers or solicitors of the High Court who—
i: have held practising certificates for at least 5 years; or
ii: have other equivalent or appropriate experience (whether in New Zealand or overseas); and
b: 1 ex officio member who is the representative of the United Nations High Commissioner for Refugees.
4: The members referred to in subsection (3)(a) are to be appointed by the Governor-General on the advice of the Minister.
5: For the purposes of any matter before it the Authority is normally to consist of 1 member.
6: The chairperson 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 chairperson must designate—
a: the members who are to hear and determine the case; and
b: the member who is to be chairperson for the purposes of the hearing and determination.
7: The ex officio member under subsection (3)(b) may hear and be involved in the determination of any case so long as the quorum required by subsection (5) or subsection (6) is achieved by the other members of the Authority.
8: The provisions set out in Schedule 3C Section 129N inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129O: Appeals to Refugee Status Appeals Authority
1: A person whose claim or subsequent claim has been declined by a refugee status officer, or whose subsequent claim has been refused to be considered by an officer on the grounds that circumstances in the claimant's home country have not changed to such an extent that the subsequent claim is based on significantly different grounds to a previous claim, may appeal to the Refugee Status Appeals Authority against the officer's decision.
2: A person who is dissatisfied with a decision of a refugee status officer on any of the matters referred to in section 129L(1)(a) to (e) and (2)
3: An appeal must be lodged with the Authority—
a: within 5 working days after the appellant is notified under section 129I
b: within 10 working days after receiving notification of the decision under that section, or within such further time as may be allowed under subsection (4), in any other case.
4: The Authority may extend the time for lodging an appeal where satisfied that special circumstances warrant such an extension. Section 129O inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129P: Procedure on appeal
1: It is the responsibility of an appellant to establish the claim, and the appellant must ensure that all information, evidence, and submissions that the appellant wishes to have considered in support of the appeal are provided to the Authority before it makes its decision on the appeal.
2: The Authority—
a: may seek information from any source; but
b: is not obliged to seek any information, evidence, or submissions further to that provided by the appellant; and
c: may determine the appeal on the basis of the information, evidence, and submissions provided by the appellant.
3: An appellant must provide the Authority with a current address in New Zealand to which communications relating to the appeal may be sent and a current residential address in New Zealand, and must notify the Authority in timely manner of a change in either of those addresses. The Authority may rely on the latest address so provided for the purpose of communications under this Part.
4: In its consideration of an appeal or other matter under this Part, the Authority may request the chief executive of the Department of Labour to seek and provide relevant information.
5: The Authority may dispense with an interview of the appellant or other affected person only if both—
a: the appellant or other affected person has been interviewed by a refugee status officer in the course of determining the relevant matter at first instance or, having been given an opportunity to be interviewed, failed to take that opportunity; and
b: the Authority considers that the appeal or other contention of the person affected is prima facie manifestly unfounded or clearly abusive.
6: Despite subsection (5), the Authority may determine an appeal or other matter without an interview if the appellant or other person affected fails without reasonable excuse to attend a notified interview with the Authority.
7: If a summons is issued by the Authority under section 4D manager prison
8: The Authority may decide the order in which appeals or other matters are to be heard, and no decision on an appeal or other matter is to be called into question on the basis that the appeal or other matter ought to have been heard or decided earlier or later than any other appeal or matter or category of appeal or matter.
9: In any appeal involving a subsequent claim, the claimant may not challenge any finding of credibility or fact made by the Authority in relation to a previous claim, and the Authority may rely on any such finding. Section 129P inserted 1 October 1999 section 40 Immigration Amendment Act 1999 Section 129P(7) amended 1 June 2005 section 206 Corrections Act 2004 Section 129P(7) amended 1 June 2005 section 206 Corrections Act 2004
129Q: Decisions of Authority
1: Where the Authority consists of more than 1 member on an appeal or other matter, the decision on that matter must be a majority decision.
2: If the members are evenly divided, the matter must be determined in favour of the appellant or other person affected.
3: A decision of the Authority must be given in writing, and include reasons both for the decision and for any minority view.
4: The Authority must notify the appellant or other affected person of its decision, and provide a copy of the decision.
5: A decision of the Authority is final once notified to the appellant or other affected person. Section 129Q inserted 1 October 1999 section 40 Immigration Amendment Act 1999 Functions of Authority otherwise than on appeals
129R: Functions of Authority in relation to continuation, etc, of refugee status
In addition to the function of hearing appeals from decisions of refugee status officers in relation to refugee status, the Authority also has the function of determining applications made by refugee status officers under section 129L(1)(f)
a: the Refugee Convention has ceased to apply, in terms of Article 1C
b: the Authority should cease to recognise a person as a refugee, in any case where the earlier recognition by the Authority of the person as a refugee may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information; or
c: any of Articles 1D, 1E, and 1F of the Convention Section 129R inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129S: Procedures to be followed in carrying out non-appellate functions
When carrying out any function under section 129R
a: the Authority must take reasonable steps to notify the person concerned in the prescribed manner of the matter that is being considered; and
b: section 129P section 129O Section 129S inserted 1 October 1999 section 40 Immigration Amendment Act 1999 General provisions relating to claims, etc
129T: Confidentiality to be maintained
1: Subject to this section, confidentiality as to the identity of the claimant or other person whose status is being considered under this Part, and as to the particulars of their case, must at all times, both during and subsequent to the determination of the claim or other matter, be maintained by refugee status officers, the Authority, other persons involved in the administration of this Act, and persons to whom particulars are disclosed under subsection (3)(a) or (b).
2: Compliance with subsection (1) may in an appropriate case require confidentiality as to the very fact or existence of a claim or case, if disclosure of its fact or existence would tend to identify the person concerned, or be likely to endanger any person.
3: Subsection (1) does not apply to prevent the disclosure of particulars—
a: to a person necessarily involved in determining the relevant claim or matters; or
b: to an officer or employee of a Government department or other Crown agency whose functions in relation to the claimant or other person require knowledge of those particulars; or
c: to the United Nations High Commissioner for Refugees or a representative of the High Commissioner; or
d: in dealings with other countries for the purpose of determining the matters specified in section 129L(d) and (e)
e: to the extent that the particulars are published in a manner that is unlikely to allow identification of the person concerned, whether in a published decision of the Authority under clause 12
f: if there is no serious possibility that the safety of the claimant or any other person would be endangered by the disclosure in the particular circumstances of the case.
4: Nor does subsection (1) apply to prevent the disclosure of particulars in relation to a particular claimant or other person to the extent that the claimant or person has, whether expressly or impliedly by their words or actions, waived his or her right to confidentiality under this section.
5: A person who without reasonable excuse contravenes subsection (1), and any person who without reasonable excuse publishes information released in contravention of subsection (1), commits an offence. Section 129T inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129U: Special provision relating to refugee status claimants granted temporary permits
1: This section applies to any person who—
a: is a refugee status claimant to whom a temporary permit has been granted on or after 1 October 1999 (whether before or after the person became a claimant); or
b: having been a person to whom paragraph (a) applies, ceases to be a refugee status claimant by virtue of having his or her claim under this Part to be recognised as a refugee declined.
2: A person to whom this section applies may not, whether before or after the expiry of the temporary permit,—
a: apply for a further temporary permit or for a permit of a different type while in New Zealand; or
b: while in New Zealand, request a special direction, or a permit under section 35A
c: bring any appeal under this Act to the Residence Review Board
3: Despite subsection (2)(a), a claimant may apply for a further temporary permit for such period as may be required to maintain the claimant's lawful status in New Zealand while the claim is determined.
4: Nothing in this section prevents a person from bringing an appeal to the Removal Review Authority under Part 2
5: This section ceases to apply to a person if and when his or her claim under this Part to be recognised as a refugee is successful. Section 129U inserted 1 October 1999 section 40 Immigration Amendment Act 1999 Section 129U(2)(c) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
129V: Effect of claimant leaving New Zealand
If a claimant leaves New Zealand, his or her claim or appeal is to be treated as withdrawn. Section 129V inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129W: Immigration matters not within functions of refugee status officers and Authority
The following are matters for the Minister and any appropriate immigration or visa officer only, and are not within the functions, powers, or jurisdiction of refugee status officers and the Authority:
a: the grant or issue or giving under this Act of any visa, permit, exemption, or special direction:
b: the revoking or cancellation under this Act of any visa, permit, exemption, or special direction:
c: the conditions to be attached to any visa, permit, exemption, or special direction:
d: the removal or deportation of any person from New Zealand:
e: any issue of a humanitarian nature that arises outside the context of a decision relating to the recognition of refugee status in New Zealand. Section 129W inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129X: Prohibition on removal or deportation of refugee or refugee status claimant
1: No person who has been recognised as a refugee in New Zealand or is a refugee status claimant may be removed or deported from New Zealand under this Act, unless the provisions of Article 32.1 or Article 33.2 of the Refugee Convention allow the removal or deportation
2: In carrying out their functions under this Act in relation to a refugee or refugee status claimant, immigration officers must have regard to the provisions of this Part and of the Refugee Convention. Section 129X inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129Y: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations—
a: prescribing procedures to be followed for the purposes of this Part:
b: providing for such other matters as are contemplated by or necessary for giving full effect to the Refugee Convention, and to the provisions of this Part and for its due administration.
2: Without limiting the generality of subsection (1), any such regulations may—
a: specify the manner in which any claim, appeal, or other matter is to be made:
b: provide for the manner of service of notices and documents, which may differ from the requirements of section 146
c: provide for the availability and use of interpreters:
d: provide for matters relating to communications with claimants and other affected persons:
e: specify the information that must be supplied to claimants and other affected persons, including information concerning their rights and concerning procedures under this Part:
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 or may not be done:
j: specify the obligations of claimants and other affected persons as to the provision of contact details, information, and documents:
k: specify the manner in which a claim or other matter may be withdrawn:
l: providing for any special matters relating to the handling of claims, appeals, or other matters when the claimant or other affected person is in custody:
m: specifying procedures to be followed in relation to claims, appeals, and other matters not completed before the commencement of this Part. Section 129Y inserted 1 October 1999 section 40 Immigration Amendment Act 1999 Claims and appeals completed before 1 October 1999
129Z: Completed claims and appeals may not be challenged
No determination as to a person's refugee status in New Zealand made before the commencement of this Part by an employee of the Department of Labour or by the Refugee Status Appeals Authority (as constituted before the commencement of this Part) may be challenged on the ground that the employee or the Authority had no legal or statutory authority to make the decision in question. Section 129Z inserted 1 October 1999 section 40 Immigration Amendment Act 1999 Transitional provisions
129ZA: Uncompleted claims and appeals
1: This Part applies on and from 1 October 1999 to any claim, appeal, or other matter relating to refugee status that had been made to the Department of Labour or to the Refugee Status Appeals Authority before that date but which had not been finally determined as at that date.
2: Despite subsection (1),—
a: where a person had an ongoing right to appeal a decision on a claim as at 1 October 1999, the period during which the appeal may be made is not affected by subsection (1):
b: where any appeal was part-heard as at 1 October 1999, the rules relating to that appeal continue to be those that applied immediately before that date. Section 129ZA inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129ZB: Continuation of membership of Refugee Status Appeals Authority
1: The persons who immediately before 1 October 1999 were members of the Refugee Status Appeals Authority continue as members of the Authority on the same terms and conditions as applied before that date.
2: The person who immediately before 1 October 1999 was chairperson of the Refugee Status Appeals Authority continues as chairperson of the Authority.
3: Where a member of the Authority to whom subsection (1) applies was appointed without a fixed duration for the appointment, that member is to be treated as having been appointed for a period of 4 years from 1 October 1999. Section 129ZB inserted 1 October 1999 section 40 Immigration Amendment Act 1999
7: Miscellaneous provisions
129ZC: During epidemic courts may deal with certain matters on basis of documents only
1: While an epidemic management notice is in force, any matter for which this Act requires a person to be brought before a District Court Judge or Registrar may be dealt with by a District Court Judge or Registrar on the basis of documents only, without the person's being brought before the Judge or Registrar.
2: Subsection (1) overrides every provision of this Act requiring a person to be brought before a District Court Judge or Registrar 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. Section 129ZC inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129ZD: Modification during epidemic of requirements to bring people before court
1: This subsection applies to a requirement imposed by this Act if it requires a person to be brought before a District Court Judge at intervals of not more than a stated duration for consideration or further consideration of a question.
2: While an epidemic management notice is in force, it is a sufficient compliance with a requirement to which subsection (1) 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. Section 129ZD inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129ZE: During epidemic certain warrants and extensions to have effect for 28 days
1: The following provisions apply to a warrant of commitment issued under this Act:
a: if it was in force immediately before the commencement of an epidemic management notice, it has effect as if it had authorised the detention of the person named in it for a period of 28 days:
b: if it is issued while an epidemic management notice is in force, it authorises the detention of the person named in it for a period of 28 days, or any shorter period the Judge thinks reasonable in the circumstances:
c: if it was in force immediately before the commencement of an epidemic management notice, or is issued while an epidemic management notice is in force, it may be extended for a further period (or, as the case requires, further periods) of up to 28 days.
2: Subsection (1) overrides every provision of this Act to the contrary.
3: If the notice applies to only stated parts of New Zealand, subsections (1) and (2) apply within those parts only. Section 129ZE inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129ZF: Application of section 128AB during epidemic
1: While an epidemic management notice is in force, an immigration officer and the released person may agree to vary a condition imposed under section 128AB(1)(c)
a: whether or not the order containing it provides for them to do so; and
b: whether or not they have the consent of a District Court Judge.
2: If the notice applies to only stated parts of New Zealand, subsection (1) applies within those parts only. Section 129ZF inserted 1 October 1999 section 40 Immigration Amendment Act 1999
129ZG: Calculation of consecutive period of detention for purposes of section 60(7)
1: In calculating for purposes of section 60(7)
a: no account is to be taken of any periods of detention occurring while an epidemic management notice is in force; but
b: periods of detention do not cease to be consecutive just because they include periods during which an epidemic management notice was in force.
2: If the notice applies to only stated parts of New Zealand, subsection (1) applies within those parts only. Section 129ZG inserted 1 October 1999 section 40 Immigration Amendment Act 1999
130: Special directions
1: The Minister may from time to time give to the chief executive of the Department of Labour or to any visa officer
a: any person, permit, visa, or document; or
b: any 2 or more persons, permits, visas, or documents where by reason of any specific event, occurrence, or unusual circumstances there is a common link between those persons, permits, visas, or documents,— in relation to any matter for which such a direction is contemplated by any of the provisions of this Act or of any regulations made under this Act.
1A: The Minister may from time to time give in writing a special direction classifying persons who require transit visas for the purposes of section 14E section 14E(2B)
2: Where any special direction is given orally, the chief executive of the Department of Labour
3: A special direction may be subject to such conditions as the Minister thinks fit.
4: A special direction may revoke or amend any previous special direction.
5: Nothing in this section shall limit or affect the powers of the Minister to give all such instructions to the chief executive of the Department of Labour
6: Nothing in this section, or in any other provision of this Act that refers to or confers a power to make any special direction, gives any person a right to apply for a special direction, or for any visa or permit in circumstances where the issue or grant of the visa or permit would be dependent on the giving of a special direction, and where any person purports to make any such application—
a: the Minister or appropriate visa officer or immigration officer is under no obligation to consider the application; and
b: whether the application is considered or not,—
i: the Minister or appropriate officer is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and
ii: section 36 section 23 Section 130(1) substituted 16 October 1989 section 2(8)(a) Labour Department Act Repeal Act 1989 Section 130(2) substituted 16 October 1989 section 2(8)(a) Labour Department Act Repeal Act 1989 Section 130(5) substituted 16 October 1989 section 2(8)(a) Labour Department Act Repeal Act 1989 Section 130(1) amended 1 October 1999 section 41(1) Immigration Amendment Act 1999 Section 130(1A) inserted 1 October 1999 section 41(2) Immigration Amendment Act 1999 Section 130(6) inserted 18 November 1991 section 40 Immigration Amendment Act 1991
131: Delegation of powers of Minister
1: The Minister may from time to time, by writing under the Minister's hand, delegate to any immigration officer or any visa officer all or any of the powers conferred upon the Minister by this Act, except this power of delegation and the powers conferred by or referred to in Part 4A sections 13B(1)(b) 13C(2) 14B(2) 17A(2) 18A(3) 18B(3) (4) 18E(5) 20(1) 20A(1) 31(3) 49(3) and (4) 72 73 91 92 129N(3) and (4) clauses 1(2) 1A 1B clauses 1(2) 1A 1B clauses 1(2) 2 3
2: The immigration officer or visa officer
3: Every such delegation shall be revocable at will, and no such delegation shall prevent the exercise of any power by the Minister.
4: Any such 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: Any such delegation shall, until revoked, continue in force according to its tenor, notwithstanding the fact that the Minister by whom it was made has ceased to hold office, and shall continue to have effect as if made by the successor in office of that Minister.
6: The fact that any immigration officer or visa officer Section 131(1) substituted 18 November 1991 section 41 Immigration Amendment Act 1991 Section 131(1) substituted 1 October 1999 section 42(1) Immigration Amendment Act 1999 Section 131(2) amended 1 October 1999 section 42(2) Immigration Amendment Act 1999 Section 131(6) amended 1 October 1999 section 42(2) Immigration Amendment Act 1999
132: Minister may approve forms
1: The Minister may from time to time approve and issue all such forms as the Minister 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 Minister under and for the purposes of this Act shall be deemed to have been so approved and issued unless the Minister or an immigration officer otherwise certifies.
133: Immigration officers
1: The chief executive of the Department of Labour chief executive chief executive
2: Every such warrant shall be sufficient evidence of the officer's designation as an immigration officer, but shall not in itself confer any powers on the officer that are not conferred on immigration officers by any of the provisions of this Act.
3: Whenever an immigration officer (including any member of the Police or any customs officer exercising the powers of an immigration officer) seeks entry to any premises, building, or craft in the course of the officer's duties under this Act, the officer—
a: shall produce the officer's warrant of designation; and
b: shall, if called upon to do so, state the provision or provisions of this Act under which the officer is entitled to enter the premises, building, or craft.
4: An immigration officer (including any member of the Police or any customs officer exercising the powers of an immigration officer) shall also produce the officer's warrant of designation if called upon to do so by any person of whom the officer orally makes any request or requirement or demand under any of the provisions of Parts 2 to 4
5: For the purposes of subsections (3)(a) and (4) of this section, it shall be sufficient compliance with those subsections if,—
a: in the case of a Customs officer exercising the powers of an immigration officer, the officer produces his or her identity card or other means of identification as provided for in section 7
b: in the case of a member of the Police, the member is in uniform or produces his or her badge or other evidence of being a member of the Police.
6: The chief executive of the Department of Labour Section 133(1) substituted 16 October 1989 section 2(8)(a) Labour Department Act Repeal Act 1989 Section 133(2) substituted 16 October 1989 section 2(8)(a) Labour Department Act Repeal Act 1989 Section 133(5) substituted 16 October 1989 section 2(8)(a) Labour Department Act Repeal Act 1989 Section 133(5)(a) substituted 1 October 1996 section 289(1) Customs and Excise Act 1996
133A: Designation of officers, etc, by chief executive
1: Every designation by the chief executive of a person as an immigration officer, visa officer, or refugee status officer, or for any other purpose under this Act, is revocable in writing at will.
2: Any such designation continues in force according to its tenor until it is revoked, notwithstanding that the chief executive by whom it was made may have ceased to hold office, and continues to have effect as if made by the successor in office of that chief executive. Section 133A inserted 1 October 1999 section 43 Immigration Amendment Act 1999
134: Arrests by members of Police
1: It is the duty of every member of the Police when arresting any person without warrant under any of the provisions of Part 2
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 member of the Police who is not in uniform, to produce the member's badge or other evidence of being a member of the Police.
2: A failure to fulfil either of the duties mentioned in subsection (1) of this section shall not of itself deprive the member of the Police, or any assistant, of protection from criminal responsibility, but shall be relevant to any inquiry whether the arrest might not have been effected by reasonable means in a less violent manner.
3: A member of the Police is not guilty of an offence and is not liable to any civil proceedings in respect of the arrest by that member of any person pursuant to any of the provisions of Part 2 Part 3 Part 4
135: Member of Police may seek assistance
1: Where a member of the Police is arresting any person under this Act, the member of the Police may call upon any person in the vicinity for assistance.
2: Every person so called upon is justified in assisting unless that person knows that there is no reasonable ground for the arrest.
136: Powers of immigration officer to require information and production of documents where offence suspected
1: Where an immigration officer has good cause to suspect that any person has committed an offence against section 142
a: supply the person's name and address:
b: produce for inspection documentary or other evidence of the person's identity:
c: produce or surrender 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 or surrender any permit relating or purporting to relate to the person, whether or not it also relates to any other person.
2: Every person commits an offence against this Act who, after being warned in accordance with subsection (1) of this section, refuses or fails without reasonable excuse to comply with any requirement of an immigration officer under this section.
137: Powers of entry and search
1: For the purpose of serving or executing any removal order section 20(2) or notice under section 34C(3)(a)
2: Where a member of the Police, or a customs officer undertaking immigration duties, believes on reasonable grounds that it is necessary for the purpose of detecting any offence against this Act or of apprehending any person who is in New Zealand unlawfully or in respect of whom a deportation order has been made or to whom section 128
a: enter and search any form of aircraft or any other form of air-borne vehicle that arrives in New Zealand, being an aircraft or vehicle capable of transporting any person to New Zealand from any country outside New Zealand, for the purpose of determining whether or not there is on board the aircraft or vehicle any stowaway or any other person from or in respect of whom documentation is or may be required under section 125 section 126
aa: enter and search any form of ship or any other form of sea-borne vessel that arrives in New Zealand, being a ship or vessel capable of transporting any person to New Zealand from any country outside New Zealand, for the purpose of determining whether or not there is on board the ship or vessel any stowaway or any other person from or in respect of whom documentation is or may be required under section 125 section 126
b: enter and search any land or premises in any airport, including any Customs place or Customs controlled area
2A: This subsection applies to a person who, if he or she lands in New Zealand, will—
a: commit an offence against this Act; or
b: be in New Zealand unlawfully.
2B: A member of the police, or a customs officer undertaking immigration duties, who believes on reasonable grounds that there are on board a ship or any other form of sea-borne vessel that is within the contiguous zone or territorial sea of New Zealand people to whom subsection (2A) applies may, without a warrant or any authority other than this section,—
a: for the purpose of determining whether or not there are on board the ship or vessel people to whom subsection (2A) applies, enter and search it; and
b: if satisfied that there are on board the ship or vessel people to whom subsection (2A) applies, exercise any power he or she could exercise if it were within New Zealand.
2C: A person does not enter New Zealand lawfully by reason only of being brought into New Zealand—
a: by a member of the police or customs officer who is exercising or has exercised powers by virtue of subsection (2B)(b); or
b: on board a ship or vessel permitted or required to enter New Zealand by a member of the police or customs officer who is exercising or has exercised powers by virtue of subsection (2B)(b).
3: Where a member of the Police, or a customs officer undertaking immigration duties, has good cause to suspect that an offence against this Act is likely to be or is being committed in or on, or that a person, being a person who is in New Zealand unlawfully or a person in respect of whom a deportation order has been made or a person to whom section 128 Customs place, Customs controlled area, Section 137(1) amended 18 November 1991 section 23(2) Immigration Amendment Act 1991 Section 137(1) amended 1 October 1999 section 44 Immigration Amendment Act 1999 Section 137(2)(a) substituted 1 August 1996 Immigration Amendment Act 1996 Section 137(2)(aa) inserted 1 August 1996 Immigration Amendment Act 1996 Section 137(2)(b) amended 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 137(2A) inserted 18 June 2002 section 12 Immigration Amendment Act 2002 Section 137(2B) inserted 18 June 2002 section 12 Immigration Amendment Act 2002 Section 137(2C) inserted 18 June 2002 section 12 Immigration Amendment Act 2002 Section 137(3) amended 1 October 1996 section 289(1) Customs and Excise Act 1996
138: Powers of entry and inspection
1: Where an immigration officer believes on reasonable grounds that the information contained in any register or list kept by the operator of any hotel, motel, guesthouse, motorcamp, or other premises in which accommodation is offered for valuable consideration to any member of the public might lead to the apprehension of any person any such person
2: Where an immigration officer believes on reasonable grounds that—
a: any wages and time record kept by an employer in accordance with the provisions of any Act is kept on any business premises; and
b: there may be an entry in that record relating to any person who is in New Zealand unlawfully, or who is not entitled under this Act to undertake employment in New Zealand or to undertake employment by that employer,— the officer may at any reasonable time during which work is being carried on 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, enter any part of those premises in which the officer reasonably believes the record is kept, and require the employer or the person appearing to have the record under that person's control to produce for inspection any such wages and time record.
3: An immigration officer may copy any part of any document produced to the officer under this section that relates to a person who the immigration officer believes on reasonable grounds is in New Zealand unlawfully, or is not entitled under this Act to undertake employment in New Zealand or to undertake the employment to which the document relates. Section 138(1) amended 18 November 1991 section 42(1)(a) and (b) Immigration Amendment Act 1991 Section 138(2)(a) substituted 18 November 1991 section 42(2) Immigration Amendment Act 1991 Section 138(2)(b) substituted 18 November 1991 section 42(2) Immigration Amendment Act 1991 Section 138(3) substituted 18 November 1991 section 42(3) Immigration Amendment Act 1991
138A: Power to require surrender of documents from suspected person
1: If an immigration officer has good cause to suspect that a person is in New Zealand unlawfully and is liable to be removed from New Zealand under Part 2 Part 6
a: to give the person's full name (or names, where the person is known by more than 1 name), date of birth, country of birth, nationality, and residential address:
b: to provide to the officer—
i: any passport or certificate of identity relating to the person, whether or not it also relates to any other person:
ii: any documentary or other evidence of the person's identity:
iii: any passport or certificate of identity relating to any dependent child of the person who the immigration officer also has good cause to suspect is in New Zealand unlawfully, or is a person to whom Part 6
iv: any travel tickets, or cash or security in lieu of travel tickets, held by or on behalf of the suspect person:
c: if the person does not currently have in his or her possession any of the documents or other things referred to in paragraph (b), to give the officer details of where they can be found and who is holding them.
2: If the person refuses or fails without reasonable excuse to comply with any request under subsection (1) (other than a request to surrender travel tickets, or cash or security in lieu of travel tickets), the officer must warn the person that if the refusal or failure persists the person is liable to be detained under this Act.
3: If the refusal or failure still persists, any member of the police may arrest the person without warrant and place the person in custody.
4: If a person has been arrested and placed in custody under this section because the person failed to identify himself or herself or failed to produce relevant documents to confirm his or her identity, an immigration officer must ensure that, unless the person's identity has been confirmed, the person is brought before a District Court Judge as soon as practicable so that the person can establish his or her identity to the satisfaction of the Judge.
5: The Judge may determine who the person is, and both before and after doing so may make any orders and give any directions the Judge thinks fit.
6: Anything that was done in the exercise of a power under former section 65 Section 138A inserted 18 June 2002 section 13(1) Immigration Amendment Act 2002
139: Police to have powers of immigration officers
Every member of the Police shall have all the powers of an immigration officer under any of the provisions of Parts 2 3 4 6 sections 136 , 138 138A Section 139 amended 2 July 2004 section 6 Immigration Amendment Act 2004
140: 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 whom 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—
a: a person on whom a removal order has been served is in custody under Part 2
b:
c: a person is arrested and placed in custody, or is detained pursuant to a warrant of commitment, under Part 3 Part 4 or section 128B any member of the Police may take any particulars of the person so held in custody, including photographs, fingerprints, palm-prints, and footprints, and may use or cause to be used such reasonable force as may be necessary to secure those particulars.
3: All particulars taken under this section shall be destroyed—
a: where, in relation to a person upon whom a removal order has been served, the removal order is subsequently cancelled or quashed, or otherwise ceases to be in force under this Act:
b: where, in relation to a person detained under section 128B
c: where, in relation to a person arrested and placed in custody, or detained pursuant to a warrant of commitment, under Part 3 Part 4
i: the Minister decides not to make a deportation order, or fails to make a deportation order within 14 days of the date of the arrest; or
ii: any deportation order made is subsequently cancelled or quashed under this Act.
4: Where any person (in this subsection referred to as the detainee) is held in custody under this Act (whether pursuant to a warrant of commitment or otherwise), the person responsible for the detainee's custody shall inform the detainee of the detainee's right to contact a solicitor or counsel or any responsible adult nominated by or in respect of the detainee under section 141B
4A: Where a person is detained under this Act in a prison, that person must be treated, in accordance with the Corrections Act 2004
5: A person to whom a warrant of commitment is addressed may take such reasonable measures as are necessary to give effect to the warrant. Section 140(2)(a) substituted 18 November 1991 section 43(2) Immigration Amendment Act 1991 Section 140(2)(a) substituted 1 October 1999 section 45(1) Immigration Amendment Act 1999 Section 140(2)(b) repealed 18 November 1991 section 43(2) Immigration Amendment Act 1991 Section 140(2)(c) amended 18 November 1991 section 43(2) Immigration Amendment Act 1991 Section 140(3)(a) substituted 18 November 1991 section 43(3) Immigration Amendment Act 1991 Section 140(3)(b) substituted 18 November 1991 section 43(3) Immigration Amendment Act 1991 Section 140(4) amended 1 October 1999 section 45(2) Immigration Amendment Act 1999 Section 140(4A) inserted 1 June 2005 section 206 Corrections Act 2004 Section 140(5) inserted 16 June 1999 section 45(3) Immigration Amendment Act 1999
140A: Additional provisions relating to custody in approved premises
1: Without limiting section 140(5) section 128(7)
a: to prevent the person to whom the warrant 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 member of the Police for the purpose of bringing the detainee before a District Court Judge to determine the matters specified in subsection (4).
4: Where a detainee is delivered into the custody of a member of the Police under subsection (3),—
a: a member of the Police 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: The Judge may also extend the warrant (as amended, if appropriate) under section 128 section 128(13)
6: A person who is delivered into the custody of a member of the Police under this section and is to be detained overnight must be detained in the manner provided by section 128(6)
7: 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. Section 140A inserted 16 June 1999 section 46 Immigration Amendment Act 1999
141: Special powers of member of Police pending removal or deportation
1: section 128
a: the power to photograph and measure that person:
b: the power to take that person's fingerprints, palm-prints, or footprints:
c: the power to require that person to undergo any inoculation.
2: Section 141 substituted 18 November 1991 section 44 Immigration Amendment Act 1991 Section 141(1) amended 1 October 1999 section 47(a) Immigration Amendment Act 1999 Section 141(2) repealed 1 October 1999 section 47(b) Immigration Amendment Act 1999
141AA: Disclosure of information overseas
1: The chief executive may disclose any information specified in section 141AB(1)
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 (8).
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 actions of a kind whose prevention or identification, or responding to which, is among the functions of the agency or body:
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 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 from time to time.
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: This section does not limit the general powers of the chief executive to enter into agreements not related to the disclosure of information with any overseas agency, body, or person.
8: 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.
9: The chief executive must not disclose any information under subsection (8) 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 whose prevention or identification, or responding to which, is among the functions of the agency or body:
b: in any other case, to a suspected violation of the law of the state concerned. Section 141AA inserted 18 June 2002 section 14 Immigration Amendment Act 2002
141AB: Information that may be disclosed
1: The information that may be disclosed under section 141AA
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 mail interceptions:
j: personal identification details (which may include photograph, 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 or permit held by a person.
2: Section 141AA Section 141AB inserted 18 June 2002 section 14 Immigration Amendment Act 2002
141AC: Disclosure of immigration information for Corrections purposes
1: The purpose of this section is to facilitate the disclosure of information by the Department of Labour to the Department of Corrections for the purpose of determining the immigration status of any person sentenced to imprisonment.
2: For the purpose of this section, the chief executive of the Department of Labour may from time to time, in accordance with arrangements in writing made from time to time between the chief executive of the Department of Labour and the chief executive of the Department of Corrections, supply to that chief executive, in respect of those persons sentenced to imprisonment identified by that chief executive, the information specified in subsection (3).
3: The information referred to in subsection (2) is as follows:
a: identifying information about the person:
b: the prisoner'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.
4: The chief executive of the Department of Labour may, for the purpose of this section, supply the information requested to any officer or employee or agent of the Department of Corrections who is authorised for the purpose by the chief executive of that department.
5: Information supplied under subsection (2) may be supplied in any form that is determined by agreement between the chief executive of the Department of Labour and the chief executive of the Department of Corrections.
6: In this section identifying information Section 141AC inserted 1 June 2005 section 204 Corrections Act 2004
141AD: Interpretation
In sections 141AE 141AF authorised officer section 141AE Department fine
a: a fine within the meaning of section 79
b: a fine or other sum of money to which any of sections 19 to 19E
c: a fine to which any of sections 43 to 46
d: any levy payable under the Sentencing Act 2002 fines enforcement action identifying information reparation
a: any amount that is required to be paid under a sentence of reparation; or
b: any amount that is required to be paid under any order of reparation as defined in section 145D 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. Section 141AD inserted 1 June 2005 section 204 Corrections Act 2004 Section 141AD fine added 17 November 2009 section 478 Immigration Act 2009
141AE: Disclosure of immigration information for fines enforcement purposes
1: The purpose of this section is to facilitate the exchange of information between the Department of Labour and the Department to enable—
a: the 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 Secretary of Labour any identifying information about a person who is in serious default.
3: If, in relation to a person who is in serious default, identifying information is supplied in accordance with subsection (2), the Secretary of Labour may compare that information with any information held by the Department of Labour that relates to that person.
4: If the Department of Labour has immigration information relating to a person who is in serious default, the Secretary of Labour may, for the purpose of this section, supply to an authorised officer any of the following information relating to that person held by the Department of Labour:
a: the person's full name:
b: the person's date of birth:
c: the person's sex:
d: the person's nationality:
e: the person's address (if known):
f: the person's occupation (if known):
g: the expiry date of any permit granted to the person (if applicable):
h: the date that the person is expected to return to New Zealand (if applicable).
5: The Secretary of Labour and the chief executive of the 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. Section 141AE inserted 1 June 2005 section 204 Corrections Act 2004
141AF: 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. Section 141AF inserted 1 June 2005 section 204 Corrections Act 2004
141AG: Chief executive of Department of Labour may supply information concerning specified fines defaulters to commercial carriers
1: This section applies if information is supplied to the chief executive under section 280F(1)
2: The chief executive may supply the information to any person or persons concerned with the movement of persons out of New Zealand.
3: The information given under subsection (2)—
a: may be given in any form and by any method that the chief executive thinks appropriate; and
b: may, in whole or in part, be in the form of a code representing the information.
4: In this section,— person concerned with the movement of persons out of New Zealand specified fines defaulter section 280F Section 141AG inserted 1 June 2005 section 204 Corrections Act 2004
141A: Disclosure of immigration information
1: In this section, unless the context otherwise requires, the term benefit section 3(1)
a: a lump sum payable under section 61DB section 61DC section 61DD
b: any special assistance granted out of the Crown Bank Account from money appropriated by Parliament under section 124(1)(d) or (da)
2: The purpose of this section is to facilitate the disclosure of information by the Department of Labour to the department for the time being responsible for the administration of the Social Security Act 1964
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.
3: For the purpose of this section, the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964
a: persons whom the chief executive of the Department of Labour believes are in New Zealand unlawfully:
b: persons who are in New Zealand lawfully but only by virtue of being the holder of a temporary permit or limited purpose permit
4: 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 (if known):
f: the expiry date of any permit granted to the person.
5: On receipt of a request made under subsection (3), the chief executive of the Department of Labour may, for the purpose of this section, supply the information requested to any officer or employee or agent of the department for the time being responsible for the administration of the Social Security Act 1964
6: Information supplied pursuant to a request made under subsection (3) may be supplied in such form as is determined by agreement between the chief executive of the Department of Labour and the chief executive of the department for the time being responsible for the administration of the Social Security Act 1964 Section 141A inserted 19 December 1991 Immigration Amendment Act (No 2) 1991 Section 141A substituted 1 October 1998 section 11 Employment Services and Income Support (Integrated Administration) Act 1998 Section 141A(3)(b) amended 1 October 1999 section 48 Immigration Amendment Act 1999
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 Section 141ABA inserted 2 August 2010 section 477 Immigration Act 2009
141B: Children to have responsible adult to represent their interests, etc
1: In any matters of the kind referred to in subsection (2) that relate both to a dependent child who is under 17 years of age and not married or in a civil union sections 141C 141D minor
a: the minor's interests are to be represented by any such parent; and
b: the parent is the responsible adult for the minor for the purposes of this section and sections 141C 141D
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 making, serving, and execution of a removal order or a deportation order in the minor's name:
b: the revocation of the minor's residence permit:
c: any claim by the minor to be recognised as a refugee:
d: any appeal by the minor under this Act:
e: any detention of the minor under this Act.
3: The responsible adult is to be nominated by an Authority, the Board,
4: A person may be nominated as a responsible adult under subsection (2) 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 the holder of a residence permit; and
c: the person is any of the following:
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 other appropriate person is available under this subsection, a person designated by the chief executive of the department for the time being responsible for the administration of the Children, Young Persons, and Their Families 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 relates to those matters or proceedings in relation to which the nomination was made, and in any event the role finishes when the minor leaves New Zealand.
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 or refugee status officer, or to an Authority or the Board Section 141B inserted 1 October 1999 section 49 Immigration Amendment Act 1999 Section 141B(1) amended 26 April 2005 section 7 Relationships (Statutory References) Act 2005 Section 141B(3) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 141B(4)(c)(iv) amended 1 October 1999 section 13 Department of Child, Youth and Family Services Act 1999 Section 141B(7) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
141C: 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 appeal to an Authority or the Board or the Tribunal under any of Parts 2 3 4 4A section 115A
b: the responsible adult may appear and be heard in any District Court proceedings under this Act relating to the minor:
c: 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:
d: 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. Section 141C inserted 1 October 1999 section 49 Immigration Amendment Act 1999 Section 141C(a) substituted 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
141D: Views of minor to be considered
In any proceedings or process of a kind referred to in section 141B(2)
a: an opportunity must be given, so far as is 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. Section 141D inserted 1 October 1999 section 49 Immigration Amendment Act 1999
142: Offences
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 permit , or any expression of interest in residence under section 13D
ii: any claim to an exemption; or
iii: any request for variation of the conditions of a permit; or
iv: any appeal or application in the nature of an appeal to the Minister, the Residence Review Board
b: 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 in accordance with any of the provisions of this Act; or
c: without reasonable excuse, produces or surrenders any document or supplies any information to an immigration officer or visa officer or refugee status officer
d: whether within or outside New Zealand, produces or surrenders or passes off a passport, certificate of identity, visa, permit, invitation to apply for residence, invitation to apply for residence,
i: as relating to that person when in fact, to that person's knowledge, it relates to some other person; or
ii: knowing it to be forged or to have been obtained fraudulently; or
e: whether within or outside New Zealand, sells, hires, lends, gives, or otherwise disposes of a passport, certificate of identity, visa, permit, invitation to apply for residence, invitation to apply for residence, receiver
i: without necessarily knowing which, knowing that the receiver will—
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; or
ii: without necessarily intending either in particular, intending the receiver to—
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; or
ea: for a material benefit, aids, abets, incites, counsels, or procures any other person to be or to remain in New Zealand unlawfully or to breach any condition of a permit granted to the other person; or
eb: whether within 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 enter New Zealand unlawfully (whether by arriving in New Zealand in a manner that does not comply with section 126(1)
i: knowing that the person's entry into New Zealand is or would be unlawful; or
ii: reckless as to whether the person's entry into New Zealand is or would be unlawful; or
ec: whether within or outside New Zealand, aids, abets, incites, counsels, or procures any other person to complete an arrival card in a manner that the person aiding or assisting knows to be false or misleading in any particular; or
f: aids, abets, incites, counsels, or procures any other person to be or to remain in New Zealand unlawfully or to breach any condition of a permit granted to the other person under this Act; or
fa:
g: resists or intentionally obstructs any visa officer or immigration officer or member of the Police in the exercise of the powers of that officer or member under this Act; or
h: not being a visa officer or an immigration officer or a refugee status officer or refugee status officer
i: 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 representations knowing that the information is, or the representations are, false or misleading ; or
j:
2: Every person commits an offence against this Act who, not being a visa officer, an immigration officer, or a refugee status officer,—
a: after the person to whom a form 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.
3: In subsection (1)(ea), for a material benefit section 2(1) Section 142(1)(a) substituted 18 November 1991 section 45 Immigration Amendment Act 1991 Section 142(1)(a)(i) amended 9 September 2003 section 17(1)(a) Immigration Amendment Act (No 2) 2003 Section 142(1)(a)(iv) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 142(1)(c) amended 1 October 1999 section 50(1) Immigration Amendment Act 1999 Section 142(1)(d) substituted 18 June 2002 section 15(1) Immigration Amendment Act 2002 Section 142(1)(d) amended 9 September 2003 section 17(1)(b) Immigration Amendment Act (No 2) 2003 Section 142(1)(e) substituted 18 June 2002 section 15(1) Immigration Amendment Act 2002 Section 142(1)(e) amended 9 September 2003 section 17(1)(c) Immigration Amendment Act (No 2) 2003 Section 142(1)(ea) inserted 18 June 2002 section 15(1) Immigration Amendment Act 2002 Section 142(1)(eb) inserted 18 June 2002 section 15(1) Immigration Amendment Act 2002 Section 142(1)(ec) inserted 18 June 2002 section 15(1) Immigration Amendment Act 2002 Section 142(1)(f) substituted 18 June 2002 section 15(1) Immigration Amendment Act 2002 Section 142(1)(fa) inserted 16 June 1999 section 50(2) Immigration Amendment Act 1999 Section 142(1)(fa) repealed 18 June 2002 section 15(1) Immigration Amendment Act 2002 Section 142(1)(h) amended 1 October 1999 section 50(3)(a) Immigration Amendment Act 1999 Section 142(1)(h) amended 1 October 1999 section 50(3)(b) Immigration Amendment Act 1999 Section 142(1)(i) amended 1 October 1999 section 50(4) Immigration Amendment Act 1999 Section 142(1)(j) repealed 4 May 2008 section 95 Immigration Advisers Licensing Act 2007 Section 142(1)(j) inserted 1 October 1999 section 50(4) Immigration Amendment Act 1999 Section 142(1)(j) substituted 9 September 2003 section 17(2) Immigration Amendment Act (No 2) 2003 Section (2) inserted 18 June 2002 section 15(2) Immigration Amendment Act 2002 Section (3) inserted 18 June 2002 section 15(2) Immigration Amendment Act 2002
143: Evidence in proceedings
1: In any proceedings relating to any matter under this Act, whether before any Court or an Authority or the Board
a: the person is not a New Zealand citizen; or
b: the person holds or at any material time held, or does not hold or did not at any material time hold, a visa or a permit; or
c: any permit or visa granted to the person was granted for a specified period or on or or was granted for an express purpose,
d: the person is or was at any material time, or is not or was not at any material time, exempt under this Act from the requirement to hold a permit; or
e: the person, or any visa, permit, 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
ea: an invitation to apply for residence was or was not issued to the person, or was or was not revoked (including the date of issue or revocation, where appropriate); or
eb: a decision whether or not to issue or grant any visa or permit has been made; or
ec: an immigration officer or a visa officer was or was not satisfied as to any relevant specified matter; or
ed: whether or not a particular stage of processing an application had been reached; or
ee: an automated electronic system was or was not applying criteria predetermined in accordance with Government residence policy; or
ef: the result of the process described in paragraph (ee) has or has not been applied as the basis for a decision; or
f: the person was removed or deported from New Zealand on a specified date, or that there is in force in respect of that person a removal order
g: for the purpose of obtaining any visa, the person while outside New Zealand made any statement or supplied any information to a visa officer that was false or misleading in any material respect or produced or surrendered to a visa officer any passport or certificate of identity or other document that was forged or obtained fraudulently; or
h: for the purpose of obtaining any permit, or any variation of the conditions of any permit, or of claiming any exemption from the requirement to hold a permit, or in support of any appeal against removal or deportation from New Zealand, the person, while in New Zealand, produced or surrendered to an immigration officer any passport, certificate of identity, or other document that was forged or obtained fraudulently or that contained any visa or permit that was forged or so obtained ; or
i: 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
j: the person has, or has not, lodged an appeal under section 47
k: the person is, or is not, a person to whom paragraph (a) or paragraph (b) of section 7(1) ; or
l: the person travelled to New Zealand on a certain commercial craft at a certain time; or
m: the person travelled to New Zealand before a decision was made by the chief executive under section 125AB(1)
n: the person travelled to New Zealand contrary to a decision made by the chief executive under section 125AB(1)(b) or (c)
o: the person did not provide information requested by the chief executive under section 125AD(1)
p: the person did not provide the chief executive with access to information under section 125AD(3) shall, in the absence of proof to the contrary established on the balance of probabilities, be deemed to be proof of the truth of the statement.
1A: In any proceedings relating to any matter under Part 6A or the Board
a: the person has or has not, as at any material time, claimed to be a refugee in New Zealand (or elsewhere); or
b: the person has or has not, as at any material time, been recognised as a refugee in New Zealand (or elsewhere); or
c: the person, while in New Zealand, produced or surrendered to an immigration officer or refugee status officer any passport, certificate of identity, or other document that was forged or obtained fraudulently; or
d: the person has, or has not, lodged an appeal under section 129O section 129L section 129R is to be treated as proof of the truth of the statement in the absence of proof to the contrary established on the balance of probabilities.
2: Where any such certificate contains a statement as to any matter specified in subsection (1)(g) of this section, the Court or the Tribunal or the Authority or the Board
3: In any proceedings relating to any matter under this Act, whether before any Court or an Authority or the Board
4: For the purposes of any proceedings under this Act, 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, shall be sufficient evidence of the fact that such a special direction was given under this Act in respect of the person named, or the permit, visa, or document described, and on the date specified, in the document or certificate.
4A: For the purposes of any proceedings under this Act, 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 Government residence policy applicable on any date or dates specified in the certificate shall be sufficient evidence of the fact that the document did or did not express Government residence policy applicable on that date or those dates.
4B: For the purposes of any proceedings under this Act, a document purporting to be a removal order made under Part 2
5: Every person signing any certificate under this section shall, in the absence of proof to the contrary, be presumed to be duly authorised to sign it.
6: In any proceedings relating to any matter under this Act, a certificate signed by the Chief Executive of the New Zealand Customs Service stating that a particular place is or was a Customs controlled area of any particular type or a Customs place shall be sufficient evidence of the fact that that place is or was a Customs controlled area of that type or a Customs place, as the case may be.
7: For the purposes of any proceedings under this Act, section 6(2) Board,
a: if it considers it fair and equitable to do so, accept as evidence any statement, document, or information tendered in respect of a document to which that section 6(2)
b: determine the credibility or weight (if any) to be given in the proceedings to the document concerned and its contents. Section 143(1) amended 18 November 1991 section 46(1)(a) Immigration Amendment Act 1991 Section 143(1) amended 1 October 1999 section 51(1)(a) Immigration Amendment Act 1999 Section 143(1) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 143(1)(c) amended 15 September 1993 Immigration Amendment Act 1993 Section 143(1)(c) amended 1 October 1999 section 51(1)(b) Immigration Amendment Act 1999 Section 143(1)(ea) inserted 9 September 2003 section 18 Immigration Amendment Act (No 2) 2003 Section 143(1)(eb) inserted 9 September 2003 section 18 Immigration Amendment Act (No 2) 2003 Section 143(1)(ec) inserted 9 September 2003 section 18 Immigration Amendment Act (No 2) 2003 Section 143(1)(ed) inserted 9 September 2003 section 18 Immigration Amendment Act (No 2) 2003 Section 143(1)(ef) inserted 9 September 2003 section 18 Immigration Amendment Act (No 2) 2003 Section 143(1)(f) amended 18 November 1991 section 46(1)(b) Immigration Amendment Act 1991 Section 143(1)(h) amended 18 November 1991 section 46(1)(c) Immigration Amendment Act 1991 Section 143(1)(i) inserted 18 November 1991 section 46(2) Immigration Amendment Act 1991 Section 143(1)(j) inserted 18 November 1991 section 46(2) Immigration Amendment Act 1991 Section 143(1)(k) inserted 18 November 1991 section 46(2) Immigration Amendment Act 1991 Section 143(1)(i) amended 1 October 1999 section 51(1)(c) Immigration Amendment Act 1999 Section 143(1)(j) amended 1 October 1999 section 51(1)(d) Immigration Amendment Act 1999 Section 143(1)(l) inserted 2 July 2004 section 7 Immigration Amendment Act 2004 Section 143(1)(m) inserted 2 July 2004 section 7 Immigration Amendment Act 2004 Section 143(1)(n) inserted 2 July 2004 section 7 Immigration Amendment Act 2004 Section 143(1)(o) inserted 2 July 2004 section 7 Immigration Amendment Act 2004 Section 143(1)(p) inserted 2 July 2004 section 7 Immigration Amendment Act 2004 Section 143(1A) inserted 1 October 1999 section 51(2) Immigration Amendment Act 1999 Section 143(1A) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 143(2) amended 1 October 1999 section 51(3) Immigration Amendment Act 1999 Section 143(2) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 143(3) amended 18 November 1991 section 46(3) Immigration Amendment Act 1991 Section 143(3) amended 1 October 1999 section 51(4) Immigration Amendment Act 1999 Section 143(3) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 143(4A) inserted 18 November 1991 section 46(4) Immigration Amendment Act 1991 Section 143(4B) inserted 18 November 1991 section 46(4) Immigration Amendment Act 1991 Section 143(4B) amended 1 October 1999 section 51(5) Immigration Amendment Act 1999 Section 143(6) inserted 1 October 1996 section 289(1) Customs and Excise Act 1996 Section 143(7) inserted 1 October 1999 section 51(6) Immigration Amendment Act 1999 Section 143(7) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
144: General penalty for offences
1: A person who commits an offence against section 142(1)(c)
1A: A person who commits an offence against section 142(1)(eb)
1B: A person who commits an offence against section 126(4) section 142(1)(f)
2: Every person who commits an offence against this Act or against any regulations made under this Act for which no penalty is provided elsewhere than in this subsection is liable to a fine not exceeding $2,000
3: Where any person is convicted of an offence against section 142(f)
4: For the purposes of subsection (3) of this section, the costs incurred or likely to be incurred in removing a person include—
a: the costs of locating, detaining, and maintaining that person; and
b: internal travel costs for that person,— incurred or likely to be incurred pending the person's removal from New Zealand. Section 144(1) amended 18 November 1991 section 47(a) Immigration Amendment Act 1991 Section 144(1) amended 1 October 1999 section 52(1) Immigration Amendment Act 1999 Section 144(1) substituted 18 June 2002 section 16 Immigration Amendment Act 2002 Section 144(1A) inserted 16 June 1999 section 52(2) Immigration Amendment Act 1999 Section 144(1A) substituted 18 June 2002 section 16 Immigration Amendment Act 2002 Section 144(1B) inserted 18 June 2002 section 16 Immigration Amendment Act 2002 Section 144(2) amended 18 November 1991 section 47(b) Immigration Amendment Act 1991
145: Procedural provisions relating to offences
1: An offence against section 39A(1) section 142(1)(c)
2: Except as provided in subsection (1), every offence against this Act or any regulations made under it is punishable on summary conviction.
3: A prosecution for an offence against this Act or any regulations made under it cannot be commenced except on the information of an immigration officer, a member of the police, or some other person authorised for that purpose by the Minister.
4: An information for an offence against this Act may be laid at any time within 2 years after the time when the matter of the information arose.
5: Subsection (4)—
a: overrides section 14
b: does not limit or affect subsection (1). Section 145 substituted 18 June 2002 section 17(1) Immigration Amendment Act 2002
146: Service of notices, etc
1: Where under any of the provisions of this Act any notice or other document is to be served on or supplied to the Minister, it shall be delivered to the Minister's office or to an immigration officer
2: Where under any of the provisions of this Act or of any regulations made under this Act any notice or other document is to be served on or supplied to any immigration officer, it shall be delivered personally to an immigration officer or sent by registered post to an immigration officer
3: Where under any of the provisions of this Act any person is to be notified of any matter, written notice of that matter shall be given, served on, or supplied to that person either by personal service or by registered post addressed to that person at that person's New Zealand address, or by service upon the person's solicitor in accordance with subsection (4) of this section.
4: Where a solicitor represents that the solicitor is authorised to accept service of any notice or document on behalf of any person, it shall be sufficient service to deliver the document to the solicitor if the solicitor signs a memorandum stating that he or she accepts service of the document on behalf of that person.
5: Where under any of the provisions of this Act any notice or other document is to be given, served on, or supplied to the holder of any temporary permit, or any person who is, or is believed to be, in New Zealand unlawfully, by registered post addressed to that person's New Zealand address, the notice or other document shall be deemed to have been given, served on, or received by that person 7 days after the date on which it was posted.
6: Except in a case to which subsection (5) of this section applies, where under any of the provisions of this Act any notice or other document is to be given, served on, or supplied to any person by registered post, it shall be deemed to have been given, served on, or received by that person 7 days after the date on which it was posted unless that person proves that, otherwise than through fault on that person's part, the document was not so given, served or received. Section 146(1) amended 16 October 1989 Immigration Amendment Act 1989 Section 146(2) amended 16 October 1989 Immigration Amendment Act 1989
146A: Special provisions relating to judicial review of decisions under this Act
1: Any review proceedings in respect of a statutory power of decision arising out of or under this Act must be commenced within 3 months after the date of the decision, unless the High Court decides that, by reason of special circumstances, further time should be allowed.
2: Where a person has both—
a: appealed against a decision of the Board or sections 115 115A 117
b: brought review proceedings in respect of that same decision,— the High Court is to endeavour to hear both matters together unless it considers it impracticable in the particular circumstances of the case to do so.
3: In this section, statutory power of decision section 3
4: Nothing in this section limits the time for bringing review proceedings challenging the vires of any regulations made under this Act. Section 146A inserted 1 April 1999 section 53 Immigration Amendment Act 1999 Section 146(2)(a) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003
147: Administration of Act
This Act shall be administered in the Department of Labour.
148: Costs of removal, deportation, or repatriation
1: Subject to subsections (3) and (4) of this section and to any order of the Court under section 144(3) Crown Bank Account
2: If—
a: any person has been or is to be removed, deported, or repatriated from New Zealand; and
b: that person has in New Zealand a spouse, civil union partner, de facto partner, or a dependent child; and
c: the Minister is satisfied that the effect of the removal, deportation, or repatriation has been or will be to separate that person from the spouse, civil union partner, de facto partner, or the dependent child,— the Minister may provide that person or that person's spouse, civil union partner, or de facto partner with such assistance as the Minister thinks fit for the purpose of reuniting the spouse, civil union partner, de facto partner, or the dependent child with the person in the country to which the person has been or is to be removed, deported, or repatriated, and any such assistance may include the grant of a sum out of the Crown Bank Account to meet all or part of the travelling or other costs that will be incurred in any such exercise.
3: Subject to any order made by a Court pursuant to an application under subsection (4) of this section, or pursuant to section 144(3) Crown Bank Account
4: The Minister or an immigration officer may, at any time before a person is removed, deported, or repatriated from New Zealand, apply to a Court of competent jurisdiction to fix such sum as in the opinion of the Court represents any reasonable costs incurred or likely to be incurred by the Crown in removing, deporting, or repatriating that person, and any sum so fixed shall be recoverable as a debt due to the Crown by that person and shall on recovery be paid into the Public Account.
5: For the purposes of this section, the costs incurred or likely to be incurred in removing, deporting, or repatriating any person include—
a: the costs of locating, detaining, and maintaining that person; and
b: internal travel costs for that person,— incurred or likely to be incurred pending the person's removal, deportation, or repatriation from New Zealand.
6: Nothing in this section or in section 28(2) section 125(4) section 144(3) Section 148 substituted 1 July 1989 Public Finance Act 1977 Section 148(2) substituted 26 April 2005 section 7 Relationships (Statutory References) Act 2005
148A: Fees
1: Without limiting the generality of the power to prescribe fees set out in section 150(b)
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 refugee status claimants for any matter relating to refugee 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 or not 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 difference 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) are 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 directly to be provided to the person who pays the fee but which 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 such time as is prescribed in respect of a particular service, whether that time be 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 from time to time by the chief executive of the Department of Labour.
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 of Labour must be paid into the Departmental Bank Account. Section 148A inserted 1 October 1999 section 54 Immigration Amendment Act 1999
148B: 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—
a: Government residence policy under section 13B
b: regulations made under this Act, in respect of other bonds.
3: Different levels of bond, or different methods of determining levels of bond, may be determined or prescribed in respect of different categories of person, including categories of person 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 such regions or countries.
4: A bond must specify—
a: the conditions in respect of which it is paid (which must relate to or be based on requirements of the relevant Government residence policy, if appropriate, or on other requirements and obligations imposed by or under this Act, including conditions attached to the relevant permit); and
b: the situations in which it may be refunded or forfeited, whether in whole or in part.
5: Regulations made under this Act 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).
6: A bond required in respect of any type of matter is payable at the time prescribed for that class of matter in regulations, or in Government residence policy as the case may require, and may be payable either by the person concerned or by any other class of person specified in the regulations or policy. For the avoidance of doubt, a bond payable in relation to the grant of a permit may be required to be payable at the time of the issue of a visa that may lead to the grant of the permit.
7: Forfeiture of a bond is at the discretion of the Minister or an immigration officer or a visa 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.
8: The 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.
9: A bond paid must be held in trust by the Department of Labour until refunded or forfeited.
10: No interest is payable on a bond to the person who paid it. The chief executive of the Department of Labour may apply any interest towards the costs of administering the bond system, and any surplus interest must be paid into the Crown Bank Account.
11: In the case of a bond imposed in relation to a temporary or limited purpose visa or permit, no refund may be made until the person in question either is no longer in New Zealand or, in the case of the holder of a temporary permit, is granted a residence permit.
12: 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.
13: If all or any part of a bond is forfeited, the Department of Labour must pay the amount forfeited into the Crown Bank Account.
14: No bond may be imposed on any refugee status claimant for any matter relating to refugee status, and any bond imposed upon a person before that person became a refugee status claimant must be refunded if the person is subsequently determined under Part 6A Section 148B inserted 1 October 1999 section 54 Immigration Amendment Act 1999
148C: Other charges
1: Nothing in section 148A section 148B
2: 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, or the cost of moving, at the person's request, the administration of a matter relating to the person from 1 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 access to any website, or for information or services provided by any website, operated by the Department:
e: charge for access to any library or research services provided in relation to immigration or refugee matters:
f: charge any person for services requested by (and provided to) that person in relation to immigration matters, other than services provided in a customs place:
g: 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.
3: All such charges received by the Department of Labour must be paid into the Departmental Bank Account.
4: Nothing in subsection (1) or subsection (2)(f) authorises the charging of any person who operates a customs place for services provided in relation to immigration or refugee matters.
5: Nothing in subsection (2)(f) affects the ability to recover costs under section 125 section 148 Section 148C inserted 1 October 1999 section 54 Immigration Amendment Act 1999
149: Exemptions and refunds
1: Regulations made under this Act may provide for exemptions from or refunds of any fee or bond 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 any bond, in whole or in part. Section 149 substituted 1 October 1999 section 54 Immigration Amendment Act 1999
149A: Immigrant Resettlement and Research Fund
1: In this section, unless the context otherwise requires,— Departmental Bank Account fund
2: There is hereby established a Fund to be known as the Immigrant Resettlement and Research Fund, which shall comprise a credit sum within the Departmental Bank Account.
3: The Fund shall be applied for the purposes of—
a: funding programmes for the resettlement of immigrants in New Zealand
b: funding research into—
i: the social and economic effects of immigration to New Zealand:
ii: the circumstances and experiences of immigrants after their settlement in New Zealand.
4: There shall be paid into the Departmental Bank Account, to the credit of the Fund, such amounts of public money as Parliament appropriates from time to time for the purpose, and such amounts shall be separately accounted for.
5: Payments from the Departmental Bank Account may be debited to the Fund only if such payments are authorised by this section, but nothing in this section shall prevent the investment, in accordance with section 65I
6: There shall be paid out of the Departmental Bank Account and debited to the Fund such amounts as the chief executive of the Department of Labour from time to time determines to allocate for any of the purposes for which the Fund may be applied.
7: Any allocation made pursuant to subsection (6) of this section may be subject to such terms and conditions as the chief executive of the Department of Labour thinks fit, including conditions to ensure that the persons to whom allocations are made are obliged to account for the use of the funds so allocated. Section 149A inserted 9 August 1990 Immigration Amendment Act 1990 Section 149A(3)(a) amended 22 May 1998 section 2 Immigration (Migrant Levy) Amendment Act 1998 Section 149A(5) amended 25 January 2005 section 37(1) Public Finance Amendment Act 2004
149B: Migrant levy
1: Any regulations made under section 150
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,— whether through the Immigration Resettlement and Research Fund established under section 149A
3: Regulations made for the purposes of this section may—
a: specify the categories or classes of migrant who are liable to pay the migrant 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 migrant:
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 of the Department of Labour pending the grant of a residence permit.
4: A person who has paid the migrant levy in respect of the issuing of a
5: Not later than 1 October in each year the chief executive of the Department of Labour must furnish 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 migrant levy; and
b: how the amount of the migrant levy was applied.
6: The Minister must present the report to the House of Representatives within 15 sitting days after its receipt. Section 149B inserted 22 May 1998 section 3 Immigration (Migrant Levy) Amendment Act 1998 Section 149B(1) amended 9 September 2003 section 19(1) Immigration Amendment Act (No 2) 2003 Section 149B(4) amended 9 September 2003 section 19(2) Immigration Amendment Act (No 2) 2003
149C: Purpose of section 149D
Section 149D Section 149C inserted 1 January 2002 section 55 Human Rights Amendment Act 2001
149D: Relationship between this Act and Human Rights Act 1993
1: Despite anything in the Human Rights Act 1993
a: the content or application of this Act or any regulations made under this Act; or
b: the content or application of any policy made in accordance with section 13A section 13B
2: The Human Rights Commission may, subject to subsection (3), perform, in relation to immigration matters, any function conferred on the Commission under section 5
3: The Commission may not, in relation to any matter referred to in subsection (1),—
a: bring any proceedings of a kind referred to in section 5(2)(i)
b: exercise the powers conferred by section 5(2)(j) Section 149D inserted 1 January 2002 section 55 Human Rights Amendment Act 2001
150: Regulations
The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing forms for the purposes of this Act:
b: prescribing fees in respect of any matters under this Act, and providing for exemptions from or refunds of any such fees, in whole or in part, in any class of case:
ba: prescribing matters in respect of the migrant levy referred to in section 149B
ba: prescribing matters in respect of bonds that may be imposed under this Act:
c: prescribing any procedural matters in relation to proceedings before the Tribunal:
ca: prescribing any procedural matters in relation to proceedings before the Residence Review Board
cb: prescribing any procedural matters in relation to proceedings before the Removal Review Authority:
d: prescribing any procedural matters in relation to any applications under this Act:
e: exempting any class of person from the requirement to obtain any visa or to hold any permit:
ea: classifying persons who require transit visas for the purposes of section 14E
f: prescribing conditions in respect of permits or any type of permit:
g: prescribing the period of currency, or maximum period of currency, for temporary permits or limited purpose permits or for any type or class of temporary permit or limited purpose permit:
h: prescribing classes of courses of study or training for which a student permit is not required under this Act:
i: prescribing procedures to be followed in relation to the responsibilities under section 125
j: prescribing procedures to be followed in relation to the responsibilities under section 126
k: exempting any class of carrier or person from any of the requirements of section 125 section 126
l: prescribing offences in respect of the contravention of, or non-compliance with, any regulations made for the purposes of this Act, and the amounts of fines that may be imposed in respect of any such offences, which fines shall be an amount not exceeding $2,000
m: providing for such other matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration. Section 150(ba) inserted 22 May 1998 section 4 Immigration (Migrant Levy) Amendment Act 1998 Section 150(ba) inserted 1 October 1999 section 55(1) Immigration Amendment Act 1999 Section 150(ca) inserted 18 November 1991 section 48(1) Immigration Amendment Act 1991 Section 150(ca) amended 9 September 2003 section 12(2) Immigration Amendment Act (No 2) 2003 Section 150(cb) inserted 18 November 1991 section 48(1) Immigration Amendment Act 1991 Section 150(ea) inserted 18 November 1991 section 48(2) Immigration Amendment Act 1991 Section 150(g) substituted 1 October 1999 section 55(2) Immigration Amendment Act 1999 Section 150(l) amended 18 November 1991 section 48(3) Immigration Amendment Act 1991
151: Amendments and repeals
1: The enactments specified in the first column of Schedule 4
2: The enactments specified in Schedule 5