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  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
148A Fees
  • (1) Without limiting the generality of the power to prescribe fees set out in section 150(b), fees may be prescribed under that section in relation to any matter or service under or arising from this Act, whether it be any 1 or more of the acceptance for processing, the processing, or the decision on any application, request, or appeal, whether it relates to a formal process or not, whether or not any other fee is payable in respect of some other aspect of the same matter, and whether it relates to a permit, visa, special direction, exemption, waiver, or other exercise of powers under this Act.

    (2) Fees may apply to an individual person or application, or to a group of persons or applications, or otherwise.

    (3) Fees may not be imposed on refugee status claimants for any matter relating to refugee status.

    (4) Fees may be prescribed in a way, or at a level or levels, or using 1 or more methods of calculation, that reflects the variable nature of the costs or potential costs that give rise to the need for each fee, and the range of factors that influence those costs.

    (5) Without limiting subsection (4), the fees prescribed may—

    • (a) differ depending on whether or not a special or urgent service is provided:

    • (b) include more than 1 level of fee for the same service provided in different ways, or provided in or in respect of difference places:

    • (c) differ for otherwise similar services provided in different ways:

    • (d) differ for otherwise similar services provided to different categories of person:

    • (e) differ depending on the amount of service required or the components of the service required for the particular person or class of person:

    • (f) differ depending on whether a group of people (including a family group) are requesting or obtaining the services in question:

    • (g) differ depending on whether an agent is used to deliver or help deliver the service concerned.

    (6) Without limiting the way in which fees may be set, a fee may be set at a level or in a way that—

    • (a) is determined by calculations that involve an averaging of costs or potential costs:

    • (b) takes into account costs or potential costs of services that are not directly to be provided to the person who pays the fee but which are an indirect or potential cost arising from the delivery of the service in question to a class of persons or all persons who use the service.

    (7) A fee is payable at such time as is prescribed in respect of a particular service, whether that time be before, during, or after completion of the relevant service.

    (8) In the case of services to be provided outside New Zealand or in respect of a person outside New Zealand,—

    • (a) a fee may be set in New Zealand dollars or in a foreign currency; and

    • (b) if the fee is set in New Zealand dollars, the method of determining the amount payable at any time in currency other than New Zealand dollars is to be determined from time to time by the chief executive of the Department of Labour.

    (9) A fee may also be required by the regulations in question to be paid in New Zealand dollars only.

    (10) All fees prescribed under this Act and received by the Department of Labour must be paid into the Departmental Bank Account.

    Section 148A: inserted, on 1 October 1999, by section 54 of the Immigration Amendment Act 1999 (1999 No 16).