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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
142 Offences
  • (1) Every person commits an offence against this Act who—

    • (a) makes any statement, or provides any information, evidence, or submission, knowing that it is false or misleading in any material respect, in support of—

      • (i) any application or request (whether by that person or by another person) for a visa or permit, or any expression of interest in residence under section 13D; or

      • (ii) any claim to an exemption; or

      • (iii) any request for variation of the conditions of a permit; or

      • (iv) any appeal or application in the nature of an appeal to the Minister, the Residence Review Board, the Removal Review Authority, or the Tribunal; or

    • (b) without reasonable excuse, refuses or fails to produce or surrender any document or to supply any information when required to do so by an immigration officer in accordance with any of the provisions of this Act; or

    • (c) without reasonable excuse, produces or surrenders any document or supplies any information to an immigration officer or visa officer or refugee status officer knowing that it is false or misleading in any material respect; or

    • (d) whether within or outside New Zealand, produces or surrenders or passes off a passport, certificate of identity, visa, permit, invitation to apply for residence, or certificate of citizenship, or anything purporting to be a passport, certificate of identity, visa, permit, invitation to apply for residence, or certificate of citizenship,—

      • (i) as relating to that person when in fact, to that person's knowledge, it relates to some other person; or

      • (ii) knowing it to be forged or to have been obtained fraudulently; or

    • (e) whether within or outside New Zealand, sells, hires, lends, gives, or otherwise disposes of a passport, certificate of identity, visa, permit, invitation to apply for residence, or certificate of citizenship relating to that person (or anything purporting to be a passport, certificate of identity, visa, permit, invitation to apply for residence, or certificate of citizenship relating to that person) to any other person (the receiver)—

      • (i) without necessarily knowing which, knowing that the receiver will—

        • (A) produce it or pass it off as relating to the receiver or some other person; or

        • (B) sell, hire, lend, give, or otherwise dispose of it; or

      • (ii) without necessarily intending either in particular, intending the receiver to—

        • (A) produce it or pass it off as relating to the receiver or some other person; or

        • (B) sell, hire, lend, give, or otherwise dispose of it; or

    • (ea) for a material benefit, aids, abets, incites, counsels, or procures any other person to be or to remain in New Zealand unlawfully or to breach any condition of a permit granted to the other person; or

    • (eb) whether within or outside New Zealand, and whether or not the other person in fact enters New Zealand, aids, abets, incites, counsels, or procures any other person to enter New Zealand unlawfully (whether by arriving in New Zealand in a manner that does not comply with section 126(1), by arriving in New Zealand without holding a visa where the other person requires a visa to travel to New Zealand, or otherwise howsoever)—

      • (i) knowing that the person's entry into New Zealand is or would be unlawful; or

      • (ii) reckless as to whether the person's entry into New Zealand is or would be unlawful; or

    • (ec) whether within or outside New Zealand, aids, abets, incites, counsels, or procures any other person to complete an arrival card in a manner that the person aiding or assisting knows to be false or misleading in any particular; or

    • (f) aids, abets, incites, counsels, or procures any other person to be or to remain in New Zealand unlawfully or to breach any condition of a permit granted to the other person under this Act; or

    • (fa) [Repealed]

    • (g) resists or intentionally obstructs any visa officer or immigration officer or member of the Police in the exercise of the powers of that officer or member under this Act; or

    • (h) not being a visa officer or an immigration officer or a refugee status officer, personates or pretends to be a visa officer or immigration officer or refugee status officer; or

    • (i) for the purpose of encouraging, inducing, deterring, or preventing immigration to New Zealand of any person or class of persons, publishes, disseminates, or causes or procures the publication of any information or representations knowing that the information is, or the representations are, false or misleading; or

    • (j) [Repealed]

    (2) Every person commits an offence against this Act who, not being a visa officer, an immigration officer, or a refugee status officer,—

    • (a) after the person to whom a form required to be completed for the purposes of this Act relates has signed it and declared its contents to be true,—

      • (i) alters information entered on it; or

      • (ii) enters further information on it; or

      • (iii) alters any material attached to it; or

      • (iv) attaches any material or further material to it; and

    • (b) allows the form to leave his or her possession without writing on it and signing a statement of—

      • (i) the information or material that has been altered, entered, or attached; and

      • (ii) why and by whom the information or material has been altered, entered, or attached.

    (3) In subsection (1)(ea), for a material benefit has the same meaning as in section 2(1) of the Crimes Act 1961.

    Section 142(1)(a): substituted, on 18 November 1991, by section 45 of the Immigration Amendment Act 1991 (1991 No 113).

    Section 142(1)(a)(i): amended, on 9 September 2003, by section 17(1)(a) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 142(1)(a)(iv): amended, on 9 September 2003, by section 12(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 142(1)(c): amended, on 1 October 1999, by section 50(1) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 142(1)(d): substituted, on 18 June 2002, by section 15(1) of the Immigration Amendment Act 2002 (2002 No 22).

    Section 142(1)(d): amended, on 9 September 2003, by section 17(1)(b) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 142(1)(e): substituted, on 18 June 2002, by section 15(1) of the Immigration Amendment Act 2002 (2002 No 22).

    Section 142(1)(e): amended, on 9 September 2003, by section 17(1)(c) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section 142(1)(ea): inserted, on 18 June 2002, by section 15(1) of the Immigration Amendment Act 2002 (2002 No 22).

    Section 142(1)(eb): inserted, on 18 June 2002, by section 15(1) of the Immigration Amendment Act 2002 (2002 No 22).

    Section 142(1)(ec): inserted, 18 June 2002, by section 15(1) of the Immigration Amendment Act 2002 (2002 No 22).

    Section 142(1)(f): substituted, on 18 June 2002, by section 15(1) of the Immigration Amendment Act 2002 (2002 No 22).

    Section 142(1)(fa): inserted, on 16 June 1999, by section 50(2) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 142(1)(fa): repealed, on 18 June 2002, by section 15(1) of the Immigration Amendment Act 2002 (2002 No 22).

    Section 142(1)(h): amended, on 1 October 1999, by section 50(3)(a) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 142(1)(h): amended, on 1 October 1999, by section 50(3)(b) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 142(1)(i): amended, on 1 October 1999, by section 50(4) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 142(1)(j): repealed, on 4 May 2008, by section 95 of the Immigration Advisers Licensing Act 2007 (2007 No 15).

    Section 142(1)(j): inserted, on 1 October 1999, by section 50(4) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 142(1)(j): substituted, on 9 September 2003, by section 17(2) of the Immigration Amendment Act (No 2) 2003 (2003 No 47).

    Section (2): inserted, on 18 June 2002, by section 15(2) of the Immigration Amendment Act 2002 (2002 No 22).

    Section (3): inserted, on 18 June 2002, by section 15(2) of the Immigration Amendment Act 2002 (2002 No 22).