New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 29 November 2010
| Public Act | 1987 No 74 |
| Date of assent | 21 April 1987 |
Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Department of Labour
1 Short Title and commencement
3 Rights of New Zealand citizens protected
Part 1
Exemptions, visas, and permits
4 Requirement to hold permit, or exemption, to be in New Zealand
4A Immigration status of persons born in New Zealand on or after 1 January 2006
5 Requirements for undertaking employment in New Zealand
6 Requirements for undertaking course of study or training in New Zealand
7 Certain persons not eligible for exemption or permit
8 Grant of residence permit a matter of discretion
9 Grant of temporary permit a matter of discretion
9A Grant of limited purpose permit a matter of discretion
10 Grant of visa a matter of discretion
10A Issue of invitation to apply for residence a matter of discretion
11 Certain persons temporarily exempt from requirement to hold permit
12 Persons may be exempted from requirement to hold permit by regulations or special direction
13 Person ceasing to be exempt
13A Government immigration policy generally
13B Government residence policy
13BA Chief executive may give general instructions as to order and manner of processing applications for visas and permits
13BB Lapsing of applications for visas and permits
13C Immigration officers to comply with Government residence policy
13D Expressions of interest in residence
13E Invitation to apply for residence
14A Meaning and effect of visa
14C Returning residents' visas
15 Issue and currency of visas [Repealed]
17 Persons who may apply for residence permits
17A Applications for residence permits
18 Residence permit holders temporarily absent from New Zealand
18A Requirements may be imposed on grant of residence permit
Appeal against refusal to grant residence visa or residence permit
18C Appeals to Board against refusal of residence visa or permit
18D Determination of appeal by Board
18E Procedure where appeal successful or Board makes recommendation
18F Provisions applying to appeals
Revocation of residence permits and returning residents' visas
19 Revocation of residence permit by immigration officer
20 Revocation of residence permit by Minister
20A Revocation of returning resident's visa by Minister
21 Appeal to High Court against revocation of residence permit on ground that decision erroneous
22 Appeal on humanitarian grounds to Tribunal against revocation of residence permit
23 Procedure following bringing or determination of appeal
25 Applications for temporary permits
26 Currency of temporary permits
27 Temporary permits to be subject to conditions
27A Temporary permits granted for purposes of Mutual Assistance in Criminal Matters Act 1992
28 Minister may require applicant for temporary permit to have sponsor
31 Reconsideration where application for another temporary permit is declined
32 Revocation of temporary permit by immigration officer
33 Revocation of temporary permit by Minister
33A Revocation of temporary permit granted for purposes of Mutual Assistance in Criminal Matters Act 1992
34 Holder of temporary permit not to remain in New Zealand after expiry of permit
34B Applications for limited purpose permits
34C Currency of limited purpose permit
34D Limitations and conditions on holders of limited purpose permits
34E Application of certain temporary permit provisions to limited purpose permits
34F Consequences of remaining in New Zealand after expiry of limited purpose permit
34G Obligation to inform all relevant facts, including changed circumstances
35A Grant of permit in special case
35AB Visas and permits may be issued or granted electronically
35AC Deemed extension of certain permits expiring during epidemic
Special provisions applying to pre-cleared permits
35C Minister may designate pre-clearance flights
35D Applications for pre-cleared permits
35E Grant of pre-cleared permit
35F Revocation of pre-cleared permit by immigration officer
35G Expiry of pre-cleared permit in certain circumstances
35H Responsibilities of carrier in relation to pre-clearance flights
35I Pre-cleared permit holders not required to undergo immigration procedures on arrival in New Zealand
36 Reasons for refusal to grant permit to be given in writing where requested
37 Applicant for permit to specify address for service
38 Evidence of permit or exemption to be retained
39 Responsibility of employers
39A Exploitation of people not legally entitled to work
40 Responsibility of persons conducting courses of study or training
41 Permit or exemption deemed to have expired on departure from New Zealand
42 Certain persons in New Zealand at commencement of this Act may apply for permit [Repealed]
43 Applications for certain permits pending at commencement of this Act [Repealed]
44 General transitional provisions
Part 2
Persons in New Zealand unlawfully
Obligation of persons unlawfully in New Zealand to leave
45 Obligation of persons unlawfully in New Zealand to leave New Zealand
46 Duty of chief executive to communicate obligation to leave New Zealand
Appeal against requirement to leave, etc
47 Appeal against requirement to leave New Zealand
52A Cancellation of removal order by immigration officer [Repealed]
54A Removal orders where temporary permit granted for purposes of Mutual Assistance in Criminal Matters Act 1992 [Repealed]
55 Content and effect of removal order
57 Currency of removal order once served
58 Cancellation of removal order
60 Release or extended detention if craft unavailable, etc, within 72-hour period
61 Release from prison into immigration detention
63 Removal where temporary permit granted for purposes of Mutual Assistance in Criminal Matters Act 1992
63A Appeal to Removal Review Authority on facts [Repealed]
63B Appeal to Removal Review Authority on humanitarian grounds [Repealed]
63C Procedure in appeals on facts [Repealed]
63D Procedure in appeals on humanitarian grounds [Repealed]
63E Cancellation of removal order [Repealed]
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
65 Power to require surrender of documents from suspected person [Repealed]
66 Power to require surrender of documents from third party
67 Use and return of surrendered material
68 Matters may be completed under former Part 2
70 Persons unlawfully in New Zealand as at 1 October 1999
71 Transitional provisions [Repealed]
Part 3
Deportation of persons threatening national security, and suspected terrorists
72 Persons threatening national security
74 Certain matters to be specified in deportation order
75 Suspect may be arrested pending making of deportation order
76 Currency of deportation order
77 Service of deportation order
78 Arrest of person subject to deportation order
79 Powers of District Court Judge in relation to persons in custody
81 Appeal to High Court against deportation order
82 Powers of Judge to protect security
83 Deportation order not to be executed pending appeal, etc
84 Procedure where appeal successful
85 Execution of deportation order where deportee in custody pursuant to warrant of commitment
86 Execution of deportation order where deportee serving sentence in prison
87 Execution of deportation order where deportee not in custody
88 Permit deemed cancelled where holder deported
89 Deportation orders made by Minister under previous Act
90 Persons ordered to leave New Zealand pursuant to Order in Council under previous Act
Part 4
Deportation of criminal offenders
91 Deportation of holders of residence permits following conviction
92 Deportation of exempt persons following conviction
93 No deportation order after certain lapse of time
93A Right of victims to make submissions on making of deportation order
94 Certain matters to be specified in deportation order
95 Currency of deportation order
96 Service of deportation order
97 Arrest of person subject to deportation order
98 Person not in custody may be subject to residence and reporting requirements pending deportation
99 Powers of District Court Judge in relation to deportee in custody
100 Persons detained pursuant to warrant of commitment
101 Persons not detained pursuant to warrant of commitment to be released on conditions pending deportation
103 Deportation Review Tribunal
104 Appeals to Tribunal against deportation orders
105 Tribunal may quash deportation order
105A Right of victims to make submissions on appeal
106 Deportation order not to be executed pending appeal, etc
107 Procedure where appeal successful
108 Execution of deportation order where deportee in custody pursuant to warrant of commitment
109 Execution of deportation order where deportee serving sentence in prison
110 Execution of deportation order where deportee not in custody
111 Permit deemed cancelled where holder deported
112 Deportation order not to be made in certain cases
113 Deportation orders made under previous Act
114 Members of Deportation Review Tribunal
Part 4A
Special procedures in cases involving security concerns
114C Relevant security criteria
114D Director of Security may provide Minister with security risk certificate
114E Minister may require oral briefing from Director on contents of certificate
114G Effect where Minister makes preliminary decision to rely on certificate
114H Rights of person in respect of whom security risk certificate given and relied on
114K Effect of confirmation of certificate, or failure to seek review
114L Resumption of normal immigration processes where certificate not confirmed on review, or certificate or Ministerial notice withdrawn
114M Withdrawal of security risk certificate by Director
114N Minister may withdraw notice, or decline to use certificate
114O Warrant of commitment in security cases
114P Appeal on point of law from decision of Inspector-General
114Q Prohibition on removal or deportation of refugee status claimant
114R Minister to report annually on cases under this Part
From the Residence Review Board and the Removal Review Authority
115 Appeal against decision of Residence Review Board on question of law
115A Appeal against decision of Removal Review Authority on question of law
116 Appeal to Court of Appeal by leave
119 Right to appear and be heard on appeals
120 Orders relating to determination of appeals
122 Appeal in respect of additional points of law
125AA Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand
125AB Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand
125AC Offences relating to non-compliance with decision made by chief executive under section 125AB
125AD Person to whom section 125AA applies must provide further information if requested, and must provide access to further information
125AE Offence relating to failure to provide information, or failure to provide access to information, under section 125AD
125 Responsibilities of carrier and person in charge of any craft en route to New Zealand
126 Responsibilities of persons arriving in or leaving New Zealand
126A Responsibilities of internationally ticketed passengers travelling by air within New Zealand
126B Responsibilities of domestic passengers travelling by air within New Zealand
127 Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control
128 Detention and departure of persons refused permits, etc
128AA Detained person may be conditionally released from detention in certain cases
128AC Breach of condition or failure to deliver oneself up to immigration officer
128AD Cancellation of order for conditional release
128A Procedure under section 128 if review proceedings, etc, brought
128B Detention of persons whose eligibility for permit is not immediately ascertainable
129C Refugee status to be determined under this Part
129D Refugee Convention to apply
129E Claim to be determined by refugee status officer
129F Functions of officers considering claims
129G How claim made and handled
129H Powers of refugee status officers
129J Limitation on subsequent claims for refugee status
129K Claim not to be accepted from holder of residence permit or New Zealand citizen
Additional functions of refugee status officers in relation to continuation, etc, of refugee status
129L Additional functions of refugee status officers
129M Procedures to be followed in carrying out additional functions
Appeals to Refugee Status Appeals Authority
129N Refugee Status Appeals Authority
129O Appeals to Refugee Status Appeals Authority
Functions of Authority otherwise than on appeals
129R Functions of Authority in relation to continuation, etc, of refugee status
129S Procedures to be followed in carrying out non-appellate functions
General provisions relating to claims, etc
129T Confidentiality to be maintained
129U Special provision relating to refugee status claimants granted temporary permits
129V Effect of claimant leaving New Zealand
129W Immigration matters not within functions of refugee status officers and Authority
129X Prohibition on removal or deportation of refugee or refugee status claimant
Claims and appeals completed before 1 October 1999
129Z Completed claims and appeals may not be challenged
129ZA Uncompleted claims and appeals
129ZB Continuation of membership of Refugee Status Appeals Authority
Part 7
Miscellaneous provisions
129ZC During epidemic courts may deal with certain matters on basis of documents only
129ZD Modification during epidemic of requirements to bring people before court
129ZE During epidemic certain warrants and extensions to have effect for 28 days
129ZF Application of section 128AB during epidemic
129ZG Calculation of consecutive period of detention for purposes of section 60(7)
131 Delegation of powers of Minister
132 Minister may approve forms
133A Designation of officers, etc, by chief executive
134 Arrests by members of Police
135 Member of Police may seek assistance
136 Powers of immigration officer to require information and production of documents where offence suspected
137 Powers of entry and search
138 Powers of entry and inspection
138A Power to require surrender of documents from suspected person
139 Police to have powers of immigration officers
140 Special provisions relating to custody
140A Additional provisions relating to custody in approved premises
141 Special powers of member of Police pending removal or deportation
141AA Disclosure of information overseas
141AB Information that may be disclosed
141AC Disclosure of immigration information for Corrections purposes
141AE Disclosure of immigration information for fines enforcement purposes
141AF No Crown liability to third parties for fines enforcement action
141AG Chief executive of Department of Labour may supply information concerning specified fines defaulters to commercial carriers
141A Disclosure of immigration information
141ABA Disclosure of information to employers
141B Children to have responsible adult to represent their interests, etc
141C Role and rights of responsible adult
141D Views of minor to be considered
144 General penalty for offences
145 Procedural provisions relating to offences
146A Special provisions relating to judicial review of decisions under this Act
148 Costs of removal, deportation, or repatriation
149A Immigrant Resettlement and Research Fund
149D Relationship between this Act and Human Rights Act 1993
Schedule 1
Departments and bodies from whom information may be required
Schedule 2
Provisions relating to Deportation Review Tribunal
Schedule 3
Procedural provisions
Schedule 3A
Provisions relating to Residence Review Board
Schedule 3B
Provisions relating to Removal Review Authority
Schedule 3C
Provisions relating to Refugee Status Appeals Authority
An Act generally to reform the law relating to immigration, and in particular to remove the need for persons who are in New Zealand unlawfully to be dealt with by way of criminal prosecution
