Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
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, on 21 April 2005, by section 16 of the Citizenship Amendment Act 2005 (2005 No 43).