Passports Act 1992

1: Short Title
This Act may be cited as the Passports Act 1992.
2: Interpretation
In this Act, unless the context otherwise requires,— applicant certificate of identity or a refugee travel document Chief Commissioner of Intelligence Warrants section 112 Commissioner of Intelligence Warrants section 112 emergency travel document or a refugee travel document section 23 holder Minister New Zealand passport New Zealand refugee travel document New Zealand travel document an emergency travel document, or a New Zealand refugee New Zealand travel document database officer department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act constable passport refugee
a: has been—
i: recognised by a refugee and protection officer or the Immigration and Protection Tribunal as a refugee within the meaning of the Immigration Act 2009
ii: recognised outside New Zealand as a refugee under the Refugee Convention (as defined in section 4
iii: determined, before the date fixed under section 2(1) section 2(1)
iv: granted a permit by the Minister of Immigration or an immigration officer under the Immigration Act 1987
v: recognised, before 1 January 1991, as a refugee by the Interdepartmental Committee on Refugees; and
b: continues to be recognised as a refugee in New Zealand Secretary surrendered passport section 12 temporary passport section 13 1980 No 58 s 2 Section 2 applicant substituted 21 April 2005 section 4(1) Passports Amendment Act 2005 Section 2 certificate of identity amended 21 April 2005 section 4(2)﻿(a) Passports Amendment Act 2005 Section 2 Chief Commissioner of Intelligence Warrants inserted 1 April 2017 section 284 Intelligence and Security Act 2017 Section 2 Commissioner of Intelligence Warrants inserted 1 April 2017 section 284 Intelligence and Security Act 2017 Section 2 conviction on indictment repealed 1 July 2013 section 413 Criminal Procedure Act 2011 Section 2 emergency travel document amended 21 April 2005 section 4(2)﻿(b) Passports Amendment Act 2005 Section 2 holder substituted 21 April 2005 section 4(3) Passports Amendment Act 2005 Section 2 Minister replaced 30 November 2015 section 4(1) Passports Amendment Act 2015 Section 2 New Zealand refugee travel document inserted 21 April 2005 section 4(4) Passports Amendment Act 2005 Section 2 New Zealand travel document inserted 18 June 2002 section 3 Passports Amendment Act 2002 Section 2 New Zealand travel document amended 21 April 2005 section 4(5) Passports Amendment Act 2005 Section 2 New Zealand travel document database inserted 30 November 2015 section 4(2) Passports Amendment Act 2015 Section 2 officer amended 30 November 2015 section 4(3) Passports Amendment Act 2015 Section 2 officer amended 1 October 2008 section 116(a)﻿(ii) Policing Act 2008 Section 2 passport amended 30 November 2015 section 4(4) Passports Amendment Act 2015 Section 2 refugee substituted 29 November 2010 section 406(1) Immigration Act 2009
2A: Transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1 Section 2A inserted 30 November 2015 section 5 Passports Amendment Act 2015
1: Issue New Zealand travel documents Part 1 heading amended 30 November 2015 section 6 Passports Amendment Act 2015 Part 1 heading amended 21 April 2005 section 5 Passports Amendment Act 2005 Issue Heading amended 30 November 2015 section 7 Passports Amendment Act 2015
3: Citizen's right to passport
Except as provided in this Act, every New Zealand citizen is entitled as of right to a New Zealand passport. 1980 No 58 s 3
4: Issue of passport
1: Except as provided in this section and section 27GA
2: Every such application shall be made to the Minister in the form provided by the Secretary.
3: The Minister may refuse to issue a New Zealand passport in any of the following cases:
a: where the applicant has not attained the age of 16 years and has not produced the written consent of one of his or her parents or guardians to the issue of a passport to him or her:
b: where—
i: there is in force a warrant issued in New Zealand for the arrest of the applicant; or
ii: the applicant is on bail or is subject to a community-based sentence under subpart 2 , or a sentence of home detention under subpart 2A subpart 2
iii: the applicant is required by an order made by a New Zealand court to refrain from obtaining a passport or to surrender a passport; or
iv: the applicant is subject to an order made by a New Zealand court that requires the applicant, or the effect of which requires the applicant, to remain in New Zealand; or
v: the applicant is subject to a sentence imposed by a New Zealand court, the effect of which requires the applicant to remain in New Zealand:
c: where the applicant already holds a New Zealand passport and there is no sufficient reason why another passport should be issued to him or her:
d: if the applicant holds a New Zealand travel document this Act
4: The Minister must refuse to issue a New Zealand passport if an order made under section 32A 1980 No 58 s 4(1), (2) Section 4(1) amended 1 April 2017 section 285 Intelligence and Security Act 2017 Section 4(1) amended 21 April 2005 section 6(1) Passports Amendment Act 2005 Section 4(3)﻿(b)﻿(ii) substituted 30 June 2002 section 186 Sentencing Act 2002 Section 4(3)﻿(b)﻿(ii) amended 1 October 2007 section 58 Sentencing Amendment Act 2007 Section 4(3)﻿(b)﻿(ii) amended 22 October 2003 section 3(1) Passports Amendment Act 2003 Section 4(3)﻿(b)﻿(iii) substituted 22 October 2003 section 3(2) Passports Amendment Act 2003 Section 4(3)﻿(b)﻿(iv) added 22 October 2003 section 3(2) Passports Amendment Act 2003 Section 4(3)﻿(b)﻿(v) added 22 October 2003 section 3(2) Passports Amendment Act 2003 Section 4(3)﻿(d) added 18 June 2002 section 4(2) Passports Amendment Act 2002 Section 4(3)﻿(d) amended 21 April 2005 section 6(2)﻿(a) Passports Amendment Act 2005 Section 4(3)﻿(d) amended 21 April 2005 section 6(2)﻿(b) Passports Amendment Act 2005 Section 4(4) added 18 June 2002 section 4(3) Passports Amendment Act 2002 Section 4(4) amended 21 April 2005 section 6(3) Passports Amendment Act 2005
4A: Refusal to issue passport on grounds of national security
Section 4A repealed 1 April 2017 section 286 Intelligence and Security Act 2017
5: Life of passport
1: Unless cancelled sooner under this Act,—
a: every New Zealand passport issued to a person who is at least 16 years old is valid for 10 years from the date of issue:
b: every New Zealand passport issued to a person who is less than 16 years old is valid for 5 years from the date of issue.
1A: Despite subsection (1),—
a: a New Zealand passport issued before the date of commencement of section 8
b: a New Zealand passport applied for before that commencement date must be issued in accordance with section 5(1) and (2)
2: Despite 1980 No 58 s 4(3) Section 5(1) replaced 30 November 2015 section 8(1) Passports Amendment Act 2015 Section 5(1A) inserted 21 April 2005 section 8 Passports Amendment Act 2005 Section 5(1A)﻿(a) amended 30 November 2015 section 8(2) Passports Amendment Act 2015 Section 5(2) amended 30 November 2015 section 8(3) Passports Amendment Act 2015
6: Renewal of passport
Section 6 repealed 30 November 2015 section 9 Passports Amendment Act 2015
7: Endorsement of passport
Section 7 repealed 21 April 2005 section 10 Passports Amendment Act 2005 Recall of passports
8: Cancellation of passport where holder ceases to be entitled to passport
1: The Minister may, by notice in writing, recall any New Zealand passport, and cancel it or retain possession of it, in any of the following cases:
a: where the holder has not attained the age of 16 years and the parent or guardian who gave his or her consent to the issue of the passport has written to the Minister withdrawing that consent; or
b: where the passport was issued to the holder in the mistaken belief that the holder was, at the time of issue, a New Zealand citizen; or
c:
d: where the holder has renounced New Zealand citizenship under section 15
e: where the holder has been deprived of New Zealand citizenship under section 16 section 17
f: where 2 or more valid New Zealand passports are in existence in respect of the holder and there is no longer any sufficient reason why that should continue to be the case.
2: This section is subject to section 27I Section 8(1)﻿(c) repealed 22 October 2003 section 4(1) Passports Amendment Act 2003 Section 8(2) inserted 30 November 2015 section 10 Passports Amendment Act 2015
8A: Cancellation of passport on grounds of national security
Section 8A repealed 1 April 2017 section 287 Intelligence and Security Act 2017
9: Cancellation of passport on other grounds
1: The Minister may, by notice in writing, recall any New Zealand passport, and cancel it or retain possession of it, where—
a: it is produced in support of an application for the issue of another passport in substitution for the first one; or
b: it has expired
c: it has been so damaged or defaced as to render it, in the opinion of the Minister, unsuitable for use; or
d: there is reasonable cause to believe that particulars recorded in it are incorrect
e: there is reasonable cause to believe that the passport has
1AA: The Minister may, under section 27GA
1A: The Minister may cancel a New Zealand passport if the holder of the passport states, in a declaration that is made in a manner approved by the Secretary, that the passport has been lost or stolen.
2: Subject to sections 3 4 subsection (1) or (1A)
3: This section is subject to section 27I Section 9(1)﻿(b) amended 30 November 2015 section 12(1) Passports Amendment Act 2015 Section 9(1)﻿(d) amended 21 April 2005 section 12 Passports Amendment Act 2005 Section 9(1)﻿(e) amended 30 November 2015 section 12(2) Passports Amendment Act 2015 Section 9(1AA) inserted 1 April 2017 section 288(1) Intelligence and Security Act 2017 Section 9(1A) inserted 30 November 2015 section 12(3) Passports Amendment Act 2015 Section 9(2) amended 1 April 2017 section 288(2) Intelligence and Security Act 2017 Section 9(3) inserted 30 November 2015 section 12(4) Passports Amendment Act 2015
9A: Cancellation of passport pursuant to court order
1: The Minister must recall a New Zealand passport by notice in writing, and cancel it, if an order that it must be cancelled is made under section 32A
2: This section is subject to section 27I Section 9A inserted 18 June 2002 section 5 Passports Amendment Act 2002 Section 9A(1) amended 21 April 2005 section 13 Passports Amendment Act 2005 Section 9A(2) inserted 30 November 2015 section 13 Passports Amendment Act 2015
10: Retention of passport by Minister on other grounds
1: The Minister may, by notice in writing, recall any New Zealand passport and retain possession of it—
a: where there is in force a warrant issued in New Zealand for the arrest of the holder:
b: where there is reasonable cause to believe—
i: that the passport is in the wrongful possession of any person other than the holder; or
ii: that the passport is in the possession of a person who is not the holder, as a security, pledge, or deposit or other encumbrance entered into in contravention of section 33(3)
2: Where the Minister has recalled a passport under subsection (1)﻿(a), the Minister shall return that passport to the holder as soon as practicable after the warrant is executed or withdrawn.
3: Where the Minister has recalled a passport under subsection (1)﻿(b), the Minister shall, unless the holder has been issued with a new passport, forthwith return that passport to the holder.
11: Delivery of recalled passport
1: Where the Minister recalls any passport under any of sections 8 to 10 or section 27GA
2: Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (1). Section 11(1) amended 1 April 2017 section 289 Intelligence and Security Act 2017 Section 11(1) amended 18 June 2002 section 6 Passports Amendment Act 2002 Warnings on New Zealand travel document database Heading inserted 30 November 2015 section 14 Passports Amendment Act 2015
11A: Warnings on New Zealand travel document database
The Minister may mark the electronic record of a New Zealand travel document on a New Zealand travel document database with a warning to indicate that—
a: the New Zealand travel document has been, or is to be, recalled under any of sections 10 21 26 27F 27GA
b: the holder of the New Zealand travel document is, by a court order or the conditions of his or her bail, required to surrender the document or to remain in New Zealand. Section 11A inserted 30 November 2015 section 14 Passports Amendment Act 2015 Section 11A(a) amended 1 April 2017 section 290 Intelligence and Security Act 2017 Surrender of passports where proceedings for deprivation of citizenship commenced
12: Surrender of passport where proceedings for deprivation of citizenship commenced
1: Where the Minister gives a notice pursuant to section 19(1) section 16 section 17
2: The Minister shall be entitled to retain possession of any such surrendered passport until whichever is the sooner of—
a: the expiry of 12 months from the date on which the passport is surrendered, or the expiry of any extension of that time in accordance with section 14
b: the conclusion of the proceedings for deprivation of New Zealand citizenship.
3: Every such notice shall inform the person on whom it is served—
a: of the effect of subsection (2); and
b: that the person is entitled, on application to the Minister in the form provided by the Secretary, to a temporary New Zealand passport in accordance with section 13
4: Where the Minister requires the surrender of a passport under this section, the holder or other person who has the passport in his or her possession or under his or her control shall, on demand by an officer, surrender the passport to the officer.
5: Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (4).
13: Issue of temporary passport where passport surrendered
1: Every person who has surrendered a passport under section 12
2: Despite section 5
3: Subject to section 4(3)
4: No fee shall be payable in respect of any application for, or upon the issue of, any temporary New Zealand passport under this section. Section 13(2) replaced 30 November 2015 section 15 Passports Amendment Act 2015
14: Extension of time to hold surrendered passport
1: Where the Minister has required the surrender of a New Zealand passport under section 12
2: Any such extension granted by the High Court shall be for a period of 6 months.
3: The Minister may reapply for another extension at any time before the current extension expires.
4: The High Court shall decline any application for a second or subsequent extension unless satisfied that there is good reason why the passport has not been returned by the time of the application.
5: Where an application for an extension has been made by the Minister, but has not been determined by the date on which the Minister is required to return the passport due to lapse of time, an extension shall be deemed to have been granted until such time as the court determines the application.
15: Return of surrendered passport if person not deprived of citizenship
1: The Minister shall return a surrendered passport to the holder as soon as—
a: a declaration is made under section 19(2) section 16 section 17
b: the Minister is no longer entitled to retain possession of the passport under section 12(2) whichever first occurs.
2: Where the Minister returns a surrendered passport under this section, the holder or other person who has any temporary passport in his or her possession or under his or her control shall, on demand by an officer, deliver the temporary passport to the officer.
3: Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (2).
4: Nothing in this section shall apply if the surrendered passport has sooner expired. Issue Heading amended 30 November 2015 section 16 Passports Amendment Act 2015
16: Issue of certificate of identity
The Minister may issue a certificate of identity to any person, not being a New Zealand citizen, if the Minister is satisfied that the person is unable for any reason to obtain a travel document from the Government or other appropriate authority in the country of his or her nationality. 1980 No 58 s 8(1)
17: Life of certificate of identity
A certificate of identity shall be valid for 2 years Section 17 amended 30 November 2015 section 17 Passports Amendment Act 2015
18: Renewal of certificate of identity
Section 18 repealed 30 November 2015 section 18 Passports Amendment Act 2015
19: Endorsement of certificate of identity
Section 19 repealed 21 April 2005 section 14 Passports Amendment Act 2005 Recall of certificates of identity
20: Cancellation of certificate of identity
1: The Minister may, by notice in writing, recall any certificate of identity issued to any person by or on behalf of the Government of New Zealand, and cancel it or retain possession of it, where—
a: the Minister issues to the holder another certificate of identity in substitution for the first one; or
b: the certificate has expired
c: the certificate has been so damaged or defaced as to render it, in the opinion of the Minister, unsuitable for use; or
d: there is reasonable cause to believe that any particulars recorded in it are incorrect; or
e: there is reasonable cause to believe that the certificate of identity has been obtained by means of any false representation or any statement that is false in a material particular; or
f: 2 or more valid certificates of identity are in existence in respect of the holder and there is no longer any sufficient reason why that should continue to be the case; or
g: a New Zealand passport has been issued to the person.
1AA: The Minister may, under section 27GA
1A: The Minister may cancel a certificate of identity if the holder of the certificate states, in a declaration that is made in a manner approved by the Secretary, that the certificate has been lost or stolen.
2: Subject to section 16 or cancels the certificate under subsection (1A)
3: This section is subject to section 27I Section 20(1)﻿(b) amended 30 November 2015 section 19(1) Passports Amendment Act 2015 Section 20(1)﻿(g) added 18 June 2002 section 7 Passports Amendment Act 2002 Section 20(1AA) inserted 1 April 2017 section 291 Intelligence and Security Act 2017 Section 20(1A) inserted 30 November 2015 section 19(2) Passports Amendment Act 2015 Section 20(2) amended 30 November 2015 section 19(3) Passports Amendment Act 2015 Section 20(3) inserted 30 November 2015 section 19(4) Passports Amendment Act 2015
20A: Cancellation of certificate of identity on grounds of national security
Section 20A repealed 1 April 2017 section 292 Intelligence and Security Act 2017
21: Retention of certificate of identity by Minister on other grounds
1: The Minister may, by notice in writing, recall any certificate of identity issued to any person by or on behalf of the Government of New Zealand, and retain possession of it—
a: where there is in force a warrant issued in New Zealand for the arrest of the holder:
b: where there is reasonable cause to believe—
i: that the certificate of identity is in the wrongful possession of any person other than the holder; or
ii: that the certificate of identity is in the possession of a person who is not the holder, as a security, pledge, or deposit or other encumbrance entered into in contravention of section 33(3)
2: Where the Minister has recalled a certificate of identity under subsection (1)﻿(a), the Minister shall return that certificate to the holder as soon as practicable after the warrant is executed or withdrawn.
3: Where the Minister has recalled a certificate of identity under subsection (1)﻿(b), the Minister shall, unless the holder has been issued with a new certificate, forthwith return that certificate to the holder.
22: Delivery of recalled certificate of identity
1: Where the Minister recalls any certificate of identity under section 20 21 27GA
2: Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (1). Section 22(1) amended 1 April 2017 section 293 Intelligence and Security Act 2017 Issue and cancellation of emergency travel documents
23: Issue of emergency travel document
1: The Minister may, on application to the Minister in the form provided by the Secretary, issue an emergency travel document to any person where—
a: there is reasonable cause to believe that the person is or may be a New Zealand citizen; and
b: there is reasonable cause to believe that—
i: the person's passport has been lost or stolen or destroyed or is temporarily unavailable; or
ia: the person does not hold a valid travel document; or
ii: the person has applied for the issue of a passport and cannot supply sufficient evidence of New Zealand citizenship; or
iii: an emergency has affected the availability of the information necessary to ascertain whether or not that person is already the holder of a New Zealand passport; and
c: the person wishes to travel immediately, but, for reasons of passport security and integrity, the Minister considers that it is not desirable to issue that person with a passport.
2: The Minister may, on application to the Minister in the form provided by the Secretary, issue an emergency travel document to a person—
a: who wishes to travel immediately; but
b: in respect of whom an order under section 32A
3: The Minister must issue a journey-specific emergency travel document to a person outside New Zealand if—
a: the person has under section 27GA
b: the journey-specific emergency travel document is necessary to enable the person to return or come to New Zealand; and
c: the person applies in that behalf to the Minister in the form provided by the Secretary. Section 23(1)﻿(b)﻿(ia) inserted 21 April 2005 section 17(1) Passports Amendment Act 2005 Section 23(2) added 18 June 2002 section 8 Passports Amendment Act 2002 Section 23(3) added 21 April 2005 section 17(2) Passports Amendment Act 2005 Section 23(3)﻿(a) replaced 1 April 2017 section 294 Intelligence and Security Act 2017
24: Life of emergency travel document
An emergency travel document is valid for—
a: such time as, in the opinion of the Minister, will be sufficient to enable the person to leave and return to New Zealand, or to return to New Zealand, or to complete a specified journey, as the case may require; or
b: such other period as the Minister from time to time determines. Section 24 substituted 21 April 2005 section 18 Passports Amendment Act 2005
25: Cancellation of emergency travel document
1: The Minister may, by notice in writing, recall any emergency travel document, and cancel it or retain possession of it, where—
a: the Minister issues to the holder a passport; or
b: the Minister issues to the holder another emergency travel document in substitution for the first one; or
c: it has expired; or
d: it has been so damaged or defaced as to render it, in the opinion of the Minister, unsuitable for use; or
e: there is reasonable cause to believe that any particulars recorded in it are incorrect; or
f: there is reasonable cause to believe that it has been obtained by means of any false statement or any statement that is false in a material particular; or
g: 2 or more valid New Zealand emergency travel documents are in existence in respect of the holder and there is no longer any sufficient reason why that should continue to be the case.
1AA: The Minister may, under section 27GA
1A: The Minister may cancel an emergency travel document if the holder of the document states, in a declaration that is made in a manner approved by the Secretary, that the document has been lost or stolen.
2: Subject to section 23 or cancels the document under subsection (1A)
3: This section is subject to section 27I Section 25(1AA) inserted 1 April 2017 section 295 Intelligence and Security Act 2017 Section 25(1A) inserted 30 November 2015 section 21(1) Passports Amendment Act 2015 Section 25(2) amended 30 November 2015 section 21(2) Passports Amendment Act 2015 Section 25(3) inserted 30 November 2015 section 21(3) Passports Amendment Act 2015
25A: Cancellation of emergency travel document on grounds of national security
Section 25A repealed 1 April 2017 section 296 Intelligence and Security Act 2017
26: Retention of emergency travel document by Minister on other grounds
1: The Minister may, by notice in writing, recall any emergency travel document, and retain possession of it—
a: where there is in force a warrant issued in New Zealand for the arrest of the holder:
b: where there is reasonable cause to believe—
i: that it is in the wrongful possession of any person other than the holder; or
ii: that it is in the possession of a person not the holder, and is used as a security, pledge, or deposit or other encumbrance in contravention of section 33(3)
2: Where the Minister has recalled an emergency travel document under subsection (1)﻿(a), the Minister shall return that document to the holder as soon as practicable after the warrant is executed or withdrawn.
3: Where the Minister has recalled an emergency travel document under subsection (1)﻿(b), the Minister shall, unless the holder has been issued with a new document, forthwith return that document to the holder.
27: Delivery of recalled emergency travel document
1: Where the Minister recalls any emergency travel document under section 25 26 27GA
2: Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (1). Section 27(1) amended 1 April 2017 section 297 Intelligence and Security Act 2017 Issue, life, and cancellation of refugee travel documents Heading inserted 21 April 2005 section 21 Passports Amendment Act 2005
27A: Issue of refugee travel document
1: Subject to this section and section 27GA
2: The Minister may refuse to issue a New Zealand refugee travel document to an applicant if—
a: the applicant is a New Zealand citizen; or
b: the applicant already has a valid New Zealand refugee travel document; or
c: there is in force a warrant issued in New Zealand for the applicant's arrest; or
d: the applicant is—
i: on bail; or
ii: subject to a community-based sentence under the Sentencing Act 2002
iii: released under subpart 2
iv: subject to a sentence of home detention under the Sentencing Act 2002
e: the applicant is subject to—
i: an order made by a New Zealand court that requires the applicant to remain in New Zealand, or the effect of which requires the applicant to remain in New Zealand; or
ii: a sentence imposed by a New Zealand court, the effect of which requires the applicant to remain in New Zealand. Section 27A inserted 21 April 2005 section 21 Passports Amendment Act 2005 Section 27A(1) amended 1 April 2017 section 298 Intelligence and Security Act 2017 Section 27A(2)﻿(d)﻿(iv) added 1 October 2007 section 58 Sentencing Amendment Act 2007
27B: Refusal to issue refugee travel document on grounds of national security
Section 27B repealed 1 April 2017 section 299 Intelligence and Security Act 2017
27C: Life of refugee travel document
1: A New Zealand refugee travel document is valid for 5 years
2: Section 27C inserted 21 April 2005 section 21 Passports Amendment Act 2005 Section 27C(1) amended 30 November 2015 section 23(1) Passports Amendment Act 2015 Section 27C(2) repealed 30 November 2015 section 23(2) Passports Amendment Act 2015
27D: Cancellation of refugee travel document
1: The Minister may, by notice in writing, recall any New Zealand refugee travel document, and cancel it or retain possession of it, where—
a: the Minister issues to the holder another refugee travel document in substitution for the first one; or
b: the document has expired
c: the document has been so damaged or defaced as to render it, in the opinion of the Minister, unsuitable for use; or
d: there is reasonable cause to believe that any particulars recorded in it are incorrect; or
e: there is reasonable cause to believe that the document has been obtained by means of a false representation or a statement that is false in a material particular; or
f: 2 or more valid New Zealand refugee travel documents are in existence in respect of the holder and there is no longer any sufficient reason why that should continue to be the case; or
g: a New Zealand passport has been issued to the person; or
h: the holder is no longer recognised as being a refugee; or
i: the document was issued to the holder in the mistaken belief that the holder was, at the time of issue, a refugee.
1AA: The Minister may, under section 27GA
1A: The Minister may cancel a refugee travel document if the holder of the document states, in a declaration that is made in a manner approved by the Secretary, that the document has been lost or stolen.
2: Subject to section 27A or cancels the document under subsection (1A)
3: This section is subject to section 27I Section 27D inserted 21 April 2005 section 21 Passports Amendment Act 2005 Section 27D(1)﻿(b) amended 30 November 2015 section 24(1) Passports Amendment Act 2015 Section 27D(1AA) inserted 1 April 2017 section 300 Intelligence and Security Act 2017 Section 27D(1A) inserted 30 November 2015 section 24(2) Passports Amendment Act 2015 Section 27D(2) amended 30 November 2015 section 24(3) Passports Amendment Act 2015 Section 27D(3) inserted 30 November 2015 section 24(4) Passports Amendment Act 2015
27E: Cancellation of refugee travel document on grounds of national security
Section 27E repealed 1 April 2017 section 301 Intelligence and Security Act 2017
27F: Retention of refugee travel document by Minister on other grounds
1: The Minister may, by notice in writing, recall any New Zealand refugee travel document, and retain possession of it,—
a: if there is in force a warrant issued in New Zealand for the arrest of the holder:
b: if there is reasonable cause to believe—
i: that the refugee travel document is in the wrongful possession of any person other than the holder; or
ii: that the refugee travel document is in the possession of a person who is not the holder, as security, pledge, or deposit or other encumbrance entered into in contravention of section 33(3)
2: Where the Minister has recalled a refugee travel document under subsection (1)﻿(a), the Minister must return that document to the holder as soon as practicable after the warrant is executed or withdrawn.
3: Where the Minister has recalled a refugee travel document under subsection (1)﻿(b), the Minister must, unless the holder has been issued with a new document, forthwith return that document to the holder. Section 27F inserted 21 April 2005 section 21 Passports Amendment Act 2005
27G: Delivery of recalled refugee travel document
1: Where the Minister recalls any refugee travel document under section 27D 27F 27GA
2: Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (1). Section 27G inserted 21 April 2005 section 21 Passports Amendment Act 2005 Section 27G(1) amended 1 April 2017 section 302 Intelligence and Security Act 2017 National and international security Heading inserted 1 April 2017 section 303 Intelligence and Security Act 2017
27GA: Refusal to issue, or cancellation or retention of, New Zealand travel document on grounds of national or international security
1: The Minister may decide to take any action specified in subsection (3) in relation to a person if the Minister has reasonable cause to believe—
a: the person is a danger to the security of New Zealand because the person intends to—
i: carry out, or facilitate, a terrorist act (within the meanings of those terms or expressions in sections 5 5A
ii: engage in, or facilitate, the proliferation of weapons of mass destruction; or
iii: engage in, or facilitate, any other unlawful activity designed or likely to cause serious economic damage to New Zealand, carried out for the purpose of commercial or economic gain; and
b: the taking of that action will prevent or effectively impede the ability of the person to do any of the activities specified in paragraph (a); and
c: the danger to the security of New Zealand cannot be effectively averted other than by taking an action specified in subsection (3).
2: The Minister may also decide to take any action specified in subsection (3) in relation to a person if the Minister has reasonable cause to believe—
a: the person is a danger to the security of a country other than New Zealand because the person intends to—
i: carry out, or facilitate, a terrorist act (within the meanings of those terms or expressions in sections 5 5A
ii: engage in, or facilitate, the proliferation of weapons of mass destruction; and
b: the taking of that action will prevent or effectively impede the ability of the person to do either of the activities specified in paragraph (a); and
c: the danger to the security of that country cannot be effectively averted other than by taking an action specified in subsection (3).
3: In any case to which subsection (1) or (2) applies, the Minister may—
a: refuse to issue a New Zealand passport to the person:
b: recall the person’s New Zealand passport, and—
i: cancel it; or
ii: retain possession of it:
c: recall the person’s certificate of identity issued by or on behalf of the New Zealand Government, and—
i: cancel it; or
ii: retain possession of it:
d: recall the person’s emergency travel document (not being a journey-specific emergency travel document issued under section 23(3)
i: cancel it; or
ii: retain possession of it:
e: refuse to issue a New Zealand refugee travel document to the person:
f: recall the person’s New Zealand refugee travel document, and—
i: cancel it; or
ii: retain possession of it.
4: The Minister may take any of the actions specified in subsection (3)﻿(a) to (e) whether or not the person is in New Zealand.
5: The Minister may take the action specified in subsection (3)﻿(f) only if the person is in New Zealand. 1992 No 92 Schedule 2 cls 1(1)–(3), 2(1)–(3), 3(1)–(3), 4(1)–(3), 5(1)–(3), 6(1), (2), (9) (pre-1 April 2017) Section 27GA inserted 1 April 2017 section 303 Intelligence and Security Act 2017 Section 27GA(1)﻿(a) replaced 5 October 2021 section 57 Counter-Terrorism Legislation Act 2021 Section 27GA(2)﻿(a) replaced 5 October 2021 section 57 Counter-Terrorism Legislation Act 2021
27GB: Chief Commissioner of Intelligence Warrants to be notified of action taken under section 27GA
1: If the Minister takes an action specified in section 27GA(3)
a: the action that has been taken; and
b: the reasons for the taking of that action.
2: The Minister must arrange for all documents that he or she considered when deciding to take the action to be referred to the Chief Commissioner of Intelligence Warrants. Section 27GB inserted 1 April 2017 section 303 Intelligence and Security Act 2017
27GC: Person to be notified of action taken under section 27GA
1: If the Minister takes an action specified in section 27GA(3)
a: the action that has been taken; and
b: the date on which the decision to take that action was made; and
c: the reasons for making that decision; and
d: the period during which the person is not entitled to obtain a New Zealand travel document.
2: However, the Minister may defer notifying the person of the matters specified in subsection (1) for a period not exceeding 30 days after taking the action if the Minister is satisfied that giving notice sooner may prejudice an ongoing investigation or put the security or safety of any person at risk.
3: Notice under this section is to be treated as given if the Minister has taken all practicable steps to provide it. 1992 No 92 Schedule 2 cls 1(4)﻿(a), (5), 2(4)﻿(a), (5), 3(4)﻿(a), (5), 4(4)﻿(a), (5), 5(4)﻿(a), (5), 6(4)﻿(a), (5) (pre-1 April 2017) Section 27GC inserted 1 April 2017 section 303 Intelligence and Security Act 2017
27GD: Person not entitled to obtain New Zealand travel document if action taken under section 27GA
1: If the Minister takes an action specified in section 27GA(3) disqualification period
a: revoked by the Minister; or
b: set aside by a court.
2: Despite subsection (1), the Minister may decide to specify a longer disqualification period in the notice given under section 27GC(1)
3: If the disqualification period exceeds 12 months,—
a: the person may, within 30 days after the date on which the notice was given under section 27GC(1)
b: the Minister must, every 12 months after the date on which the notice was given under section 27GC(1)
i: inviting the person to make a written submission to the Minister about the decision; and
ii: determining whether the decision should be revoked or amended having regard to the person’s submission (if any).
4: The Minister may, at any time before the expiry of the disqualification period, apply to the High Court for an order to extend the disqualification period for a further period not exceeding 12 months.
5: The High Court must make the order applied for under subsection (4) if satisfied that—
a: the information presented in support of the application is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that there continue to be grounds for the Minister to make a decision under section 27GA(1) or (2) 1992 No 92 Schedule 2 cls 1(4)﻿(b), (6)–(9), 2(4)﻿(b), (6)–(9), 3(4)﻿(b), (6)–(9), 4(4)﻿(b), (6)–(9), 5(4)﻿(b), (6)–(9), 6(3)﻿(b), (5)–(8) (pre-1 April 2017) Section 27GD inserted 1 April 2017 section 303 Intelligence and Security Act 2017
27GE: Temporary suspension of New Zealand travel documents pending decision under section 27GA
1: The Minister may suspend a person’s New Zealand travel document for a period not exceeding 10 working days if the Minister—
a: is investigating or considering whether to take an action under section 27GA
b: is satisfied that the person is likely to travel overseas before a decision under that section is made.
2: The Minister may mark the electronic record of a New Zealand travel document on a New Zealand travel document database with a warning to indicate that the New Zealand travel document has been suspended.
3: If it subsequently becomes apparent that the grounds for taking an action under section 27GA
a: the suspension lapses; and
b: the Minister must remove the warning (if any) marked on the electronic record of the New Zealand travel document under subsection (2). 1992 No 92 Schedule 2 cl 7 (pre-1 April 2017) Section 27GE inserted 1 April 2017 section 303 Intelligence and Security Act 2017
27GF: Review of Minister’s decision under section 27GA
1: If the Chief Commissioner of Intelligence Warrants receives notice under section 27GB section 27GA
2: A Commissioner of Intelligence Warrants must review the Minister’s decision by—
a: assessing the documents referred by the Minister under section 27GB(2)
b: considering whether the documents reasonably support the decision.
3: If the Commissioner of Intelligence Warrants considers that the documents do not reasonably support the Minister’s decision, the Commissioner of Intelligence Warrants must prepare a report of the review—
a: recommending that the Minister reconsider his or her decision; and
b: stating the reasons for that recommendation.
4: The Minister must, after receiving a report under subsection (3),—
a: reconsider his or her decision and either confirm, vary, or revoke it; and
b: notify the person in respect of whom the action under section 27GA
i: the recommendation of the Commissioner of Intelligence Warrants and the reasons for it; and
ii: the outcome of the Minister’s reconsideration of his or her decision. Section 27GE inserted 1 April 2017 section 303 Intelligence and Security Act 2017 Cancellation of New Zealand travel document on death of holder Heading inserted 5 December 2013 section 4 Passports Amendment Act 2013
27H: Death of holder of New Zealand travel document
1: If the Minister has reasonable grounds to believe that the holder of a New Zealand travel document has died, the Minister may cancel that holder's New Zealand travel document.
2: This section is subject to section 27I
3: Section 27H inserted 5 December 2013 section 4 Passports Amendment Act 2013 Section 27H(2) replaced 30 November 2015 section 26 Passports Amendment Act 2015 Section 27H(3) repealed 30 November 2015 section 26 Passports Amendment Act 2015 Electronic cancellation of New Zealand travel documents Heading inserted 30 November 2015 section 27 Passports Amendment Act 2015
27I: Electronic cancellation of New Zealand travel documents
1: The Minister may cancel a New Zealand travel document under any of sections 8 9 9A 20 25 27D 27GA 27H
2: Despite any provision in any of sections 8 9 9A 20 25 27D 27GA
3: Where the Minister has cancelled a New Zealand travel document in accordance with subsection (1) but has not recalled it, the Minister must promptly take reasonable steps to notify the person concerned in writing of the cancellation.
4: Despite subsection (3), the Minister is not required to notify a person whose New Zealand travel document has been cancelled under section 9(1)﻿(b) 20(1)﻿(b) 25(1)﻿(c) 27D(1)﻿(b) 27H(1) Section 27I inserted 30 November 2015 section 27 Passports Amendment Act 2015 Section 27I(1) replaced 1 April 2017 section 304 Intelligence and Security Act 2017 Section 27I(2) replaced 1 April 2017 section 304 Intelligence and Security Act 2017
2: Miscellaneous provisions
Appeals
28: Appeal to High Court
1: Every person who, being—
a: the applicant for the issue
b: the holder of a New Zealand travel document,— is dissatisfied with any decision of the Minister made in relation to the application or document under Part 1
2: Every appeal under this section shall be filed within 28 days after the date on which notice of the decision that is the subject of the appeal has been received by the person seeking to bring the appeal, or within such extended time as the court may allow.
3: On any appeal under this section, the court may confirm, modify, or quash the decision that is the subject of the appeal, and may give all such directions (if any) to the Minister or any other person concerned as may be necessary to give effect to the court's decision.
4: Where the appeal relates to a matter within the discretion of the Minister, the court may substitute its own discretion for that of the Minister.
5: Subject to
5A: This section is subject to sections 29AA to 29AC under section 27GA
6: Except as provided in section 29 1980 No 58 s 9 Section 28(1) substituted 21 April 2005 section 22(1) Passports Amendment Act 2005 Section 28(1)﻿(a) amended 30 November 2015 section 28 Passports Amendment Act 2015 Section 28(5) amended 21 April 2005 section 22(2) Passports Amendment Act 2005 Section 28(5A) inserted 21 April 2005 section 22(3) Passports Amendment Act 2005 Section 28(5A) amended 1 April 2017 section 305 Intelligence and Security Act 2017
29: Appeal to Court of Appeal in certain cases
1: Any party to an appeal before the High Court under section 28
1A: Any party who is dissatisfied with a decision of the High Court under section 27GD(5)
2: On any appeal under this section, the Court of Appeal shall have the same powers as are conferred on the High Court by subsections (3) and (4) of section 28
3: Subject to
3A: This section is subject to sections 29AA to 29AC
a: a decision of the Minister under section 27GA
b: a decision of the High Court under section 27GD(5)
4: Every decision of the Court of Appeal on an appeal under this section shall be final. 1980 No 58 s 10 Section 29(1A) replaced 1 April 2017 section 306(1) Intelligence and Security Act 2017 Section 29(3) amended 21 April 2005 section 23(2) Passports Amendment Act 2005 Section 29(3A) replaced 1 April 2017 section 306(2) Intelligence and Security Act 2017 Special provision for proceedings where national or international security involved Heading replaced 1 April 2017 section 307 Intelligence and Security Act 2017
29AA: Proceedings where national or international security involved
1: This section applies to the following proceedings:
a: an application to the High Court by the Minister under section 27GD(4) section 29(1A)
b: an appeal under section 28 29 section 27GA
c: an appeal under section 28 29 section 16 section 23
i: the person concerned was a danger to the security of New Zealand or another country because the person intended to carry out, engage in, or facilitate, an activity of a kind described in section 27GA(1)﻿(a) or (2)﻿(a)
ii: the refusal to issue the certificate of identity or emergency travel document concerned would prevent or effectively impede the ability of the person to carry out that intended activity; and
iii: the danger to the security of New Zealand or the other country could not be effectively averted by other means:
d: an application for judicial review of a decision made by the Minister under section 27GA 27GD
2: In hearing an appeal to which this section applies, the court must determine whether—
a: the information that led to the decision is credible, having regard to its source or sources; and
b: the information reasonably supports a finding that—
i: the person concerned is a danger to the security of New Zealand or another country because the person intends to carry out, engage in, or facilitate, an activity of a kind described in section 27GA(1)﻿(a) or (2)﻿(a)
ii: the refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document, will prevent or effectively impede the ability of the person to carry out that intended activity; and
iii: the danger to the security of New Zealand or the other country cannot be effectively averted by other means.
3: Where the appeal relates to a matter within the discretion of the Minister, the court may substitute its own discretion for that of the Minister.
4: If information presented or proposed to be presented in proceedings to which this section applies includes classified security information, then section 29AB
5: In this section and sections 29AB 29AC classified security information
a: relevant to whether there are or may be grounds for believing that—
i: the person concerned is a danger to the security of New Zealand or another country because the person intends to carry out, engage in, or facilitate, an activity of a kind described in section 27GA(1)﻿(a) or (2)﻿(a)
ii: the refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document, will prevent or effectively impede the ability of the person to carry out the intended activity; or
iii: the danger to the security of New Zealand or the other country cannot be effectively averted by other means; and
b: held by an intelligence and security agency (as defined in section 4(1)
c: that the head of the specified agency, or the New Zealand Police, certifies in writing cannot be disclosed except to the extent provided in section 29AB
i: the information is information of a kind specified in subsection (6); and
ii: disclosure of the information would be disclosure of a kind specified in subsection (7).
6: Information falls within subsection (5)﻿(c)﻿(i) if it—
a: 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 agency or the Police; or
b: is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the agency or the Police; or
c: has been provided to the agency or the Police by the Government of another country or by an agency of a Government of another country or by an international organisation, and is information that cannot be disclosed by the agency or the Police because the Government or agency or organisation by which the information has been provided will not consent to the disclosure.
7: Disclosure of information falls within subsection (5)﻿(c)﻿(ii) if the disclosure would be likely—
a: to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or
b: to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of another country or any agency of such a Government, or by any international organisation; or
c: to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or
d: to endanger the safety of any person. 2002 No 34 s 32 Section 29AA inserted 21 April 2005 section 24 Passports Amendment Act 2005 Section 29AA heading replaced 1 April 2017 section 308(1) Intelligence and Security Act 2017 Section 29AA(1) replaced 1 April 2017 section 308(2) Intelligence and Security Act 2017 Section 29AA(1)﻿(c)﻿(i) replaced 5 October 2021 section 57 Counter-Terrorism Legislation Act 2021 Section 29AA(2) replaced 1 April 2017 section 308(2) Intelligence and Security Act 2017 Section 29AA(2)﻿(b)﻿(i) replaced 5 October 2021 section 57 Counter-Terrorism Legislation Act 2021 Section 29AA(5)﻿(a) replaced 1 April 2017 section 308(3) Intelligence and Security Act 2017 Section 29AA(5)﻿(a)﻿(i) replaced 5 October 2021 section 57 Counter-Terrorism Legislation Act 2021
29AB: Proceedings involving classified security information
1: If information presented or proposed to be presented by the Crown in any proceedings to which section 29AA
a: the person in respect of whom the decision concerned was made; and
b: all barristers or solicitors (if any) representing that person; and
c: members of the public.
2: Without limiting subsection (1),—
a: the court must approve a summary of the information of the kind referred to in section 29AA(5)
b: on being approved by the court (with or without amendments directed by the court in accordance with paragraph (a)), a copy of the statement must be given to the person concerned.
3: The court—
a: may give any directions and make any orders that the court thinks appropriate in the circumstances of the case:
b: must determine the application or appeal on the basis of information available to the court, whether or not that information has been disclosed to or responded to by all parties to the proceedings.
4: Nothing in this section limits section 27
4A: If at any time a decision is made to withdraw any classified security information,—
a: the classified security information—
i: must be kept confidential and must not be disclosed by the court; and
ii: must be returned to the relevant agency; and
b: the court must continue to make the decision or determine the proceedings—
i: without regard to that classified security information; and
ii: in the case of an appeal or a review of proceedings, as if that information had not been available in making the decision subject to the appeal or review.
5: This section applies despite any enactment or rule of law to the contrary. 1992 No 92 Schedule 2 cl 8(2) (pre-1 April 2017) Section 29AB inserted 21 April 2005 section 24 Passports Amendment Act 2005 Section 29AB(4A) inserted 1 April 2017 section 309 Intelligence and Security Act 2017 Section 29AB compare note inserted 1 April 2017 section 309 Intelligence and Security Act 2017
29AC: Ancillary general practices and procedures to protect classified security information
1: Any general practices and procedures that may be necessary to implement the procedures specified in section 29AB
2: Without limiting the generality of subsection (1), general practices and procedures may be agreed under that subsection on the following matters:
a: measures relating to the physical protection of the information during all proceedings to which section 29AB
b: the manner in which the information may be provided to the court:
c: measures to preserve the integrity of the information until any appeals are withdrawn or finally determined. Section 29AC inserted 21 April 2005 section 24 Passports Amendment Act 2005 Offences
29A: Forged and false New Zealand travel documents
1: Every person commits an offence who—
a: forges a New Zealand travel document; or
b: knowing a document to be a forged or false New Zealand travel document, without reasonable excuse,—
i: uses, deals with, or acts upon it as if it were genuine; or
ii: causes another person to use, deal with, or act upon it as if it were genuine; or
c: without reasonable excuse,—
i: has in his or her possession or under his or her control a document that he or she knows or has reason to suspect is a forged or false New Zealand travel document; or
ii: sells, hires, lends, gives, or otherwise disposes of a document that he or she knows or has reason to suspect is a forged or false New Zealand travel document to another person; or
d: without lawful authority or reasonable excuse, makes or uses or has in his or her possession or disposes of any paper or other material that he or she knows is specially provided by the proper authorities for any purpose relating to New Zealand travel documents.
2: In subsection (1),— false New Zealand travel document
a: is false; or
b: relates in fact to some other person forges forged section 256
3: Every person who commits an offence against subsection (1) is liable on conviction Section 29A inserted 18 June 2002 section 9 Passports Amendment Act 2002 Section 29A(2) forges forged amended 21 April 2005 section 25 Passports Amendment Act 2005 Section 29A(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011
30: Offences relating to
New Zealand travel document
1: Every person commits an offence who knowingly, and without lawful authority or reasonable excuse,—
a: deletes, alters, or copies any information recorded in or on a New Zealand travel document database
b: allows any information recorded in or on a New Zealand travel document database
c: records any information (whether correct or incorrect) in or on a New Zealand travel document database
d: allows any information (whether correct or incorrect) to be recorded in or on a New Zealand travel document database
e: takes from where it is officially kept—
i: a New Zealand travel document or a blank or incomplete New Zealand travel document; or
ii: a seal, stamp, or other authenticating device or thing, that he or she knows is specially used by the proper authorities for a purpose relating to New Zealand travel documents; or
iii: any paper or other material that he or she knows is specially provided by the proper authorities for a purpose relating to New Zealand travel documents; or
f: takes from where it is officially kept a file or register in or on which information is or is to be recorded by officers for the purposes of this Act.
2: Paragraphs (a) to (d) of subsection (1)—
a: apply to the deletion or alteration of information recorded in an electronic New Zealand travel document database New Zealand travel document database
i: directly; or
ii: by altering or damaging the database, its programming, another device, the programming of another device, or any electronic storage; and
b: apply to the copying of information recorded in an electronic New Zealand travel document database
3:
4: Every person who commits an offence against subsection (1) is liable on conviction Section 30 substituted 18 June 2002 section 9 Passports Amendment Act 2002 Section 30 heading amended 30 November 2015 section 29(1) Passports Amendment Act 2015 Section 30(1)﻿(a) amended 30 November 2015 section 29(2) Passports Amendment Act 2015 Section 30(1)﻿(b) amended 30 November 2015 section 29(2) Passports Amendment Act 2015 Section 30(1)﻿(c) amended 30 November 2015 section 29(2) Passports Amendment Act 2015 Section 30(1)﻿(d) amended 30 November 2015 section 29(2) Passports Amendment Act 2015 Section 30(2)﻿(a) amended 30 November 2015 section 29(2) Passports Amendment Act 2015 Section 30(2)﻿(b) amended 30 November 2015 section 29(2) Passports Amendment Act 2015 Section 30(3) repealed 30 November 2015 section 29(3) Passports Amendment Act 2015 Section 30(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
30A: Improper issue of New Zealand travel document
1: Every person commits an offence who, without lawful authority or reasonable excuse, issues a New Zealand travel document (whether or not to the person to whom it relates) knowing that the person to whom it relates is not entitled to be issued it.
2: Every person who commits an offence against subsection (1) is liable on conviction Section 30A inserted 18 June 2002 section 9 Passports Amendment Act 2002 Section 30A(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
31: Other offences
1: Every person commits an offence
a: for purposes of travel and without reasonable excuse, uses a New Zealand travel document
b: for purposes of travel or identification and without reasonable excuse, uses a New Zealand travel document
c: being a person to whom a New Zealand travel document
d: without lawful authority or reasonable excuse, takes or retains in his or her possession or under his or her control a New Zealand travel document
e:
f: without reasonable excuse, has in his or her possession or under his or her control within New Zealand—
i: a passport issued by or on behalf of the Government of any country other than New Zealand, being a passport that he or she knows or has reason to suspect has been falsified or has been obtained by false representation; or
ii: a document purporting to be a passport issued by or on behalf of the Government of any country other than New Zealand that he or she knows or has reason to suspect is not such a passport.
2: Every person commits an offence travel document
3: Every person who commits an offence against subsection (1) is liable on conviction
4: Every person who commits an offence against subsection (2) is liable on conviction 1980 No 58 s 12 Section 31(1) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 31(1)﻿(a) amended 21 April 2005 section 26 Passports Amendment Act 2005 Section 31(1)﻿(b) amended 21 April 2005 section 26 Passports Amendment Act 2005 Section 31(1)﻿(c) amended 21 April 2005 section 26 Passports Amendment Act 2005 Section 31(1)﻿(d) amended 21 April 2005 section 26 Passports Amendment Act 2005 Section 31(1)﻿(e) repealed 18 June 2002 section 10(1) Passports Amendment Act 2002 Section 31(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 31(2) amended 21 April 2005 section 26 Passports Amendment Act 2005 Section 31(3) substituted 18 June 2002 section 10(2) Passports Amendment Act 2002 Section 31(3) amended 1 July 2013 section 413 Criminal Procedure Act 2011 Section 31(4) added 18 June 2002 section 10(2) Passports Amendment Act 2002 Section 31(4) amended 1 July 2013 section 413 Criminal Procedure Act 2011
31A: Jurisdiction in respect of actions taken outside New Zealand
Section 31A repealed 30 November 2015 section 30 Passports Amendment Act 2015
32: False representations
1: Every person commits an offence who, for the purpose of procuring a New Zealand travel document, or a renewal or endorsement of a New Zealand travel document, whether for his or her benefit or for the benefit of any other person,—
a: makes any statement
b: recklessly makes any statement
2: Every person who commits an offence against subsection (1) is liable on conviction Section 32 substituted 18 June 2002 section 11 Passports Amendment Act 2002 Section 32(1)﻿(a) amended 30 November 2015 section 31(1) Passports Amendment Act 2015 Section 32(1)﻿(b) amended 30 November 2015 section 31(2) Passports Amendment Act 2015 Section 32(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011
32AA: Jurisdiction in respect of actions taken outside New Zealand
Proceedings may be brought for an offence against section 29A(1) 30(1) 30A(1) section 31(1) section 32(1) Section 32AA inserted 30 November 2015 section 32 Passports Amendment Act 2015
32A: Court may forbid issue of passport
1: When sentencing a person in respect of an offence against this Act, a court may, in addition to any other sentence or order imposed or made, if satisfied that it is desirable for reasons of passport security and integrity, make an order that—
a: a New Zealand passport must not be issued to the person for a specified period not exceeding 10 years; and
b: any New Zealand passport issued to the person must be cancelled.
2: When sentencing a person in respect of a terrorism-related offence, a court may, in addition to any other sentence or order imposed or made, make an order that—
a: a New Zealand passport must not be issued to the person for a specified period not exceeding 15 years; and
b: any New Zealand passport issued to the person must be cancelled.
3: In this section, terrorism-related offence
a: an offence under any of the following enactments:
i: the Aviation Crimes Act 1972
ii: the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980
iii: the Maritime Crimes Act 1999
iv: the Terrorism Suppression Act 2002
b: an offence where terrorism (whether described in similar terms as, or by reference to, the definition of terrorist act in section 5
4: An order under subsection (1) or subsection (2) expires at the end of the relevant specified period after the date of the person's conviction of the offence. Section 32A inserted 18 June 2002 section 11 Passports Amendment Act 2002 Section 32A(2) substituted 21 April 2005 section 27 Passports Amendment Act 2005 Section 32A(3) added 21 April 2005 section 27 Passports Amendment Act 2005 Section 32A(4) added 21 April 2005 section 27 Passports Amendment Act 2005 Miscellaneous provisions
33: Passports, etc, are property of New Zealand Government
1: All New Zealand
2: The right in a New Zealand New Zealand
3: No holder or any other person shall give, make, or accept as a security, pledge, or deposit, or otherwise encumber, a New Zealand 1980 No 58 s 14 Section 33(1) amended 21 April 2005 section 28(a) Passports Amendment Act 2005 Section 33(2) amended 21 April 2005 section 28(b) Passports Amendment Act 2005 Section 33(3) amended 21 April 2005 section 28(c) Passports Amendment Act 2005
34: Minister may delegate powers
1: The Minister may delegate to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices, any of the powers conferred on the Minister by Part 1 or section 42
2: The delegation of a power under this section may be made generally, or in respect of a particular case or class of cases.
3: A power delegated under this section may be exercised by the person or persons, or the holder or holders for the time being of a specified office or specified class of offices, to whom it is delegated in the same manner and to the same extent as if it were conferred by this Act and not by delegation.
4: The delegation of a power under this section shall not prevent the exercise of that power by the Minister. 1980 No 58 s 15 Section 34(1) amended 15 December 1994 section 2 Passports Amendment Act 1994
35: Disclosure of information to chief executive of New Zealand Customs Service
Section 35 repealed 21 April 2005 section 29(1) Passports Amendment Act 2005
36: Disclosure of travel document and related information
1: The Secretary may, for the purpose of aiding border security, facilitating the processing of passengers, verifying the identity of a holder of a travel document, or determining whether a person is a New Zealand citizen, disclose New Zealand travel document information of a kind referred to in section 37 other party
2: The disclosure of the information must be in accordance with an agreement in writing between the Secretary and the other party that states—
a: the purpose of the agreement; and
b: the information that can be disclosed; and
c: the method and form of the disclosure; and
d: the use the other party will make of the information; and
e: the conditions under which the other party may disclose the information.
3: An agreement entered into under subsection (2) may be varied by the Secretary and the other party.
4: Before entering into an agreement under subsection (2) or varying an agreement under subsection (3), the Secretary and the other party must consult with the Privacy Commissioner on the terms of the agreement or variation.
5: The Privacy Commissioner may require the Secretary and the other party to review an agreement under this section, and report on the result of the review to the Privacy Commissioner, at intervals not shorter than 12 months. Section 36 substituted 21 April 2005 section 29(1) Passports Amendment Act 2005
37: Information that may be disclosed
1: The information that may be disclosed under section 36
a: the holder's full name:
b: the holder's date of birth:
c: the holder's sex:
d: the holder's eye colour:
e: the holder's height:
f: the holder's endorsements (if any):
g: the photograph of the holder:
h: the place of birth of the holder:
i: the document type:
j: the New Zealand travel document database
k: the passport or document number:
l: the date of issue of the passport or document:
m: the date of expiry of the passport or document:
n: the place of issue of the passport or document:
o: the status of the passport or document:
p: any other information relating to a New Zealand travel document that may be used—
i: to verify the identity of the document's holder; or
ii: to determine whether a person is a New Zealand citizen by birth; or
iii: for the purpose of border security; or
iv: to assist in the processing of passengers.
2: Every application form for a New Zealand travel document that is printed after the date of commencement of the Passports Amendment Act 2005
3: Nothing in section 36 Section 37(1) amended 21 April 2005 section 30(1) Passports Amendment Act 2005 Section 37(1)﻿(j) amended 30 November 2015 section 33 Passports Amendment Act 2015 Section 37(1)﻿(p) added 21 April 2005 section 30(2) Passports Amendment Act 2005 Section 37(2) substituted 21 April 2005 section 30(3) Passports Amendment Act 2005 Section 37(3) amended 21 April 2005 section 30(4) Passports Amendment Act 2005
37A: Access to information for purposes of Identity Information Confirmation Act 2012
Nothing in this Act limits access to information that is recorded under this Act if the access is for the purposes of, and in accordance with, the Identity Information Confirmation Act 2012 Section 37A inserted 19 December 2012 section 22 Identity Information Confirmation Act 2012
37B: Crown liability
1: This section applies to any decision made under section 27GA 27GD 27GE
2: The Crown is not liable to any person for any loss or damage as a result of, or in connection with, a decision referred to 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. 1992 No 92 Schedule 2 cl 9 (pre-1 April 2017) Section 37B inserted 1 April 2017 section 310 Intelligence and Security Act 2017
38: Penalties
1: Every person who commits an offence under this Act in respect of which no penalty is provided elsewhere than in this section is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000.
2: Despite anything to the contrary in section 25
3: Subsection (2) does not limit the time for filing a charging document for an offence against any of sections 29A(1) 30(1) 30A(1) 31(1) or (2) 32(1) Section 38 replaced 1 July 2013 section 413 Criminal Procedure Act 2011
39: Offences triable summarily
Section 39 repealed 18 June 2002 section 12(2) Passports Amendment Act 2002 Regulations
40: Regulations
1: The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:
a: requiring the payment of fees, and prescribing the amount of such fees, in respect of applications for and the issue of passports, certificates of identity, emergency travel documents, and refugee travel documents:
b: requiring the payment of fees, and prescribing the amount of such fees, in respect of the provision of any administrative service specified in the regulations, such as the certification of a New Zealand travel document:
c: providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.
2: Any fees set under subsection (1) may differ depending on—
a: the time at which the application is lodged:
b: the type of travel document:
c: whether the application is lodged in New Zealand or overseas:
d: whether the application is for—
i: a new travel document; or
ii: a replacement for a lost or stolen travel document:
e: in the case of an application lodged overseas, the overseas place where the application is lodged:
f: the manner in which the application is lodged, for example, whether the application is lodged in paper form or electronically via an Internet site maintained by or on behalf of the Secretary:
g: whether the applicant is, or is not, under the age of 16 years.
3: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 40 replaced 30 November 2015 section 34 Passports Amendment Act 2015 Section 40(3) inserted 28 October 2021 section 3 Secondary Legislation Act 2021 Repeals Heading repealed 30 November 2015 section 35 Passports Amendment Act 2015
41: Repeals
Section 41 repealed 30 November 2015 section 35 Passports Amendment Act 2015 Transitional provisions Heading repealed 30 November 2015 section 35 Passports Amendment Act 2015
42: Provisions relating to endorsement of name of child on passport of parent or guardian
Section 42 repealed 30 November 2015 section 35 Passports Amendment Act 2015 Saving Heading repealed 30 November 2015 section 35 Passports Amendment Act 2015
43: Existing passports, etc, to continue in force
Section 43 repealed 30 November 2015 section 35 Passports Amendment Act 2015 Validation Heading repealed 30 November 2015 section 35 Passports Amendment Act 2015
44: Validation of certain prescribed fees
Section 44 repealed 30 November 2015 section 35 Passports Amendment Act 2015 Application Heading repealed 1 April 2017 section 45(6)
45: Application of temporary provisions in Schedule 2
2017-04-01 Passports Act 1992 Section 45 and Schedule 2 are repealed on 1 April 2017 as they are self-repealed in section 45(6). Section 45 repealed 1 April 2017
46: Transitional provision
2018-04-01 Passports Act 1992 section 46 is repealed on 1 April 2018 as it is self-repealed as above in section 46(2). Section 46 repealed 1 April 2017 section 311 Intelligence and Security Act 2017