1 Title

2 Commencement

3 Purpose

4 Interpretation

5 Notifications

6 How periods of time to be calculated

7 Meaning of classified information and proceedings involving classified information

8 Meaning of granting visa or entry permission as result of administrative error

9 Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen)

10 Meaning of deported

11 Meaning of absolute discretion of the decision maker

12 Act binds the Crown

13 New Zealand citizens may enter and be in New Zealand at any time

14 Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand

15 Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand

16 Certain other persons not eligible for visa or entry permission

17 Exceptions to non-eligibility for visa or entry permission

18 Obligation of persons unlawfully in New Zealand to leave New Zealand

19 Duty of chief executive to communicate obligation to leave New Zealand

20 No right for person unlawfully in New Zealand to apply for visa

21 No right for person unlawfully in New Zealand to work or study

22 Immigration instructions

23 Immigration instructions classified as residence instructions, temporary entry instructions, or transit instructions

24 Immigration instructions for lapsing of applications for visas

25 Publication of immigration instructions

26 How claims and applications for visas and entry permission processed

27 Reasons for decisions must be given if visa or entry permission refused to certain persons

28 Automated decision making in relation to visas, etc

29 Automated decision making in advance passenger processing

30 Use of biometric information in decision making

31 Collection and storage of biometric information

32 Department to undertake privacy impact assessment

33 Classified information relating to security or criminal conduct may be relied on in decision making

34 Minister may receive briefing

35 Protection of classified information

36 Classified information must be balanced

37 Withdrawal or updating of classified information

38 Summary of allegations to be developed

39 Reasons, etc, to be given where prejudicial decision made using classified information

40 Where classified information may be relied on without requirement for summary or reasons

41 Declassification of classified information

42 No right of complaint to Inspector-General of Intelligence and Security

43 Effect of visa

44 Person may hold only 1 current visa

45 Grant of visa generally matter of discretion

46 Grant of visa does not guarantee entry permission

47 Grant of visa may be conditional on payment of bond

48 Grant of visa may be conditional on sponsorship

49 Visas may be subject to conditions

50 Conditions on resident visas

51 Resident visa holder may apply for variation of travel conditions

52 Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions)

53 Conditions on temporary entry class visas subject to restricted temporary entry instructions

54 Conditions on transit visas

55 Condition that visa holder have sponsor

56 Visa holder must comply with conditions

57 Applications for visas

58 Obligation on applicant to inform of all relevant facts, including changed circumstances

59 Applications by minors

60 Biometric information may be required from visa applicant

61 Grant of visa in special case

62 Form of visa

63 Expiry of visa

64 Cancellation of visa on triggering event

65 Cancellation of resident visa before holder first arrives in New Zealand as holder of visa

66 Cancellation of temporary entry class or transit visa by Minister or immigration officer

67 Cancellation of visa for administrative error

68 Grant of further visa where visa granted in error

69 Waiver of requirement for visa permitting travel to New Zealand in certain cases

70 Classes of visa

71 Who may apply for residence class visa

72 Decisions on applications for residence class visa

73 Currency and nature of permanent resident visa

74 Currency and nature of resident visa

75 Former New Zealand citizens deemed to hold resident visa

76 Decisions on applications for temporary entry class visa

77 Currency and nature of temporary entry class visa

78 Deemed extension of temporary entry class visa expiring during epidemic

79 Who may apply for temporary visa

80 Interim visa

81 Who may apply for limited visa

82 Grant of limited visa rather than temporary visa applied for or held

83 Grant of limited visa in relation to criminal matters

84 Currency of limited visa

85 Limitations and conditions on holders of limited visa

86 Who must obtain transit visa

87 Transit visa may be granted as exception to immigration instructions

88 Currency and nature of transit visa

89 Limitations on holders of transit visa

90 Cancellation of transit visa

91 Expiry of transit period

92 Expressions of interest

93 Obligation to inform of all relevant facts, including changed circumstances

94 Invitation to apply for visa

95 Issue of invitation to apply for visa matter of discretion

96 Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand

97 Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand

98 Grant of entry permission outside New Zealand

99 New Zealand citizen may confirm citizenship before arrival in New Zealand

100 Collection of biometric information from proposed arrivals

101 Obligations in relation to craft en route to or arriving in New Zealand

102 Obligations of carriers, and persons in charge, of craft to provide information

103 Obligations on persons arriving in New Zealand

104 New Zealand citizens arriving in New Zealand to be photographed

105 Responsibilities of internationally ticketed passengers travelling by air within New Zealand

106 Responsibilities of domestic passengers travelling by air within New Zealand

107 Effect of entry permission or refusal of entry permission

108 Decisions on entry permission in relation to residence class visa holders

109 Decisions on entry permission in relation to temporary entry class visa holders

110 Applicant for entry permission to provide address

111 Applicant for entry permission to allow collection of biometric information

112 Obligation to inform of all relevant facts, including changed circumstances

113 Revocation of entry permission for administrative error

114 Person failing to present and apply for entry permission

115 Arrest, detention, and turnaround of persons

116 When section 115 ceases to apply to person

117 When turnaround ceases to apply to person remanded in custody or imprisoned

118 Obligations of carriers, and persons in charge, of craft

119 Obligations of persons leaving New Zealand

120 Persons other than New Zealand citizens leaving New Zealand to allow biometric information to be collected

121 Persons deemed not to leave New Zealand in certain circumstances

122 Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control

123 Protection for carriers, and persons in charge, of craft

124 Purpose of Part

125 Refugee or protection status to be determined under this Act

126 Recognition of refugees selected outside New Zealand

127 Context for decision making

128 Matter not finally determined until expiry of appeal period or when appeal determined

129 Recognition as refugee

130 Recognition as protected person under Convention Against Torture

131 Recognition as protected person under Covenant on Civil and Political Rights

132 Claims not to be accepted from certain persons

133 How claim made

134 Whether to accept claim for consideration

135 Claimant responsible for establishing claim

136 How refugee and protection officer to determine claim

137 Matters to be determined by refugee and protection officer

138 Decision on claim

139 Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts

140 Limitation on subsequent claims

141 Procedure on subsequent claims

142 Claim treated as withdrawn if claimant leaves New Zealand

143 Cessation of recognition as refugee or protected person

144 Application to Tribunal for cessation of recognition as refugee or protected person

145 Cancellation of New Zealand citizen's recognition as refugee or protected person

146 Cancellation of person's recognition as refugee or protected person (other than New Zealand citizen)

147 Application to Tribunal for cancellation of New Zealand citizen's recognition as refugee or protected person

148 Procedures to be followed when refugee and protection officer making determination under section 143, 145, or 146

149 Powers of refugee and protection officers

150 Special provision relating to claimants granted temporary visas

151 Confidentiality to be maintained in respect of claimants, refugees, and protected persons

152 Disclosure of information about claimant, refugee, or protected person by government agencies

153 Purpose of Part

154 Deportation liability if person unlawfully in New Zealand

155 Deportation liability if person's visa granted in error

156 Deportation liability if visa held under false identity

157 Deportation liability of temporary entry class visa holder for cause

158 Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc

159 Deportation liability of resident if visa conditions breached

160 Deportation liability of residence class visa holder if new information as to character becomes available

161 Deportation liability of residence class visa holder convicted of criminal offence

162 Deportation liability if refugee or protection status cancelled under section 146

163 Deportation liability of persons threatening security

164 Limitation on deportation of persons recognised or claiming recognition as refugee or protected person

165 Immigration officer must have regard to certain matters when dealing with claimants, refugees, or protected persons

166 Limitation on deportation of diplomats, etc

167 Period of deportation liability

168 Liability for deportation when person outside New Zealand

169 Effect of being liable for deportation

170 Deportation liability notice

171 Contents of deportation liability notice

172 Minister may cancel or suspend liability for deportation

173 Right of victims to make submissions on suspension or cancellation of liability for deportation

174 Effect of suspension

175 When deportation order may be served

176 Content of deportation order

177 Deportation order may be cancelled

178 Executing deportation order

179 Deported person may not enter New Zealand during period of prohibition on entry

180 Deported person may not enter New Zealand until costs of deportation repaid

181 Consequences for deported person if person enters or attempts to enter New Zealand during period of prohibition on entry

182 Minister may reduce or remove period of prohibition on entry

183 Interpretation

184 Purpose of Part

185 Right of reconsideration if onshore application for further temporary visa declined

186 Limited right of review in respect of temporary entry class visa decisions

187 Rights of appeal in relation to decisions concerning residence class visas

188 Determination of appeal in relation to residence class visa

189 Use of further information in appeals under section 187

190 Procedure where appeal successful or Tribunal makes recommendation

191 No appeal or review rights in relation to invitations to apply

192 No appeal or review rights in relation to transit visas

193 Tribunal consideration of refugee and protection matters

194 Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims)

195 Right of appeal in relation to subsequent claims for refugee or protection status

196 Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement

197 Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee

198 Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition

199 After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts

200 Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person

201 Persons who may appeal to Tribunal on facts

202 Grounds for determining appeal on facts

203 Process when entitlement to appeal on facts and humanitarian grounds

204 Special process where refugee or protection status acquired through fraud, etc

205 Special process if refugee or protected person liable for deportation under section 161

206 Who may appeal to Tribunal on humanitarian grounds

207 Grounds for determining humanitarian appeal

208 Right of victims to make submission on appeal

209 Tribunal may make orders considered necessary on allowing appeal against liability for deportation

210 Tribunal may order grant of visa on allowing appeal against liability for deportation

211 Effect of successful appeal against liability for deportation

212 Tribunal may suspend liability for deportation on allowing humanitarian appeal

213 Effect of suspension

214 Effect of suspension on appeal

215 Tribunal may reduce or remove period of prohibited entry under deportation order

216 Tribunal may make order delaying deportation if appeal unsuccessful

217 Immigration and Protection Tribunal

218 Nature of Tribunal

219 Membership of Tribunal

220 Role of chair of Tribunal

221 Exercise of jurisdiction

222 Procedure for determining appeals and matters generally

223 Chair to ensure appeals and matters heard expeditiously

224 Tribunal may dismiss frivolous or vexatious appeal

225 How appeal or matter lodged

226 Proceedings on appeal or matter

227 Minister or Department is party to proceedings

228 Information Tribunal may consider

229 Tribunal may require chief executive to provide information

230 Tribunal must disclose prejudicial information

231 Findings of credibility and fact

232 Tribunal may require provision of biometric information

233 When Tribunal must or may provide oral hearing

234 Decision on papers in other circumstances

235 Tribunal may issue single decision when appeals or matters heard together

236 Appeals against deportation liability where person serving prison sentence

237 Procedure

238 Withdrawal of appeal or matter

239 Deemed withdrawal of certain appeals where person leaves New Zealand

240 How proceedings involving classified information to be conducted by Tribunal

241 Presentation of classified information to Tribunal

242 Tribunal to approve summary of allegations

243 Matters to be considered by Tribunal

244 Tribunal may require mixture of closed and open hearings

245 Appeal to High Court on point of law by leave

246 Appeal to Court of Appeal on point of law by leave

247 Special provisions relating to judicial review

248 Minister, chief executive, or refugee and protection officer may be respondent in review proceedings relating to Tribunal decision

249 Restriction on review

250 Certain appeals and review proceedings to be treated as priority fixture

251 Relationship with Judicature Act 1908 and Supreme Court Act 2003

252 Proceedings involving classified information may be heard only by nominated Judge

253 Appeal to High Court or review proceedings involving classified information

254 Appeal to Court of Appeal or Supreme Court involving classified information

255 Appeal period where decision involving classified information to be appealed to Court of Appeal or Supreme Court

256 Court to approve summary of allegations

257 Priority or urgency to be afforded to proceedings involving classified information

258 Relevant agency entitled to be party to proceedings involving classified information

259 Obligation and powers of Tribunal and courts in relation to classified information

260 Ancillary general practices and procedures to protect classified information

261 No disqualification by reason of security briefing

262 Restriction on appeal and review

263 Role of special advocates

264 Recognition of special advocates

265 Appointment of special advocate in individual case

266 Appointment of special advocate for purposes of Part 9 proceedings

267 Communication between special advocate and person to whom classified information relates

268 Protection of special advocates from liability

269 Tribunal or court may appoint counsel assisting the court

270 Tribunal or court may appoint special adviser

271 Payment to counsel assisting the court or special adviser

272 Purpose of Part

273 Meaning of information, document, register, list, etc, in sections 274, 276, 277, and 278

274 Certificate requiring production of address information

275 Persons required to provide access to address information

276 Powers of entry and inspection relating to records of accommodation providers

277 Powers of entry and inspection relating to records of employers

278 Powers of entry and inspection relating to records of education providers

279 Powers of immigration officer to require information and documents where offence suspected

280 Power of immigration officer to request information and documents where liability for deportation or turnaround suspected

281 Powers on deportation or turnaround

282 Immigration officer’s powers to enter immigration control area

283 Powers at border

284 Power of entry and search of craft

285 Power of entry and search at border place

286 Powers of entry and search relating to deportation

287 Special powers pending deportation or turnaround

288 Immigration officer may require biometric information to determine compliance with Act

289 Application for order authorising collection of biometric information

290 Judge may authorise biometric information to be collected

291 Further applications for compulsion order

292 Immigration officer may have assistance

293 Police to have powers of immigration officers

294 Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence

295 Information matching to locate person in serious default of payment of fine

296 No Crown liability to third parties for fines enforcement action

297 Chief executive may supply information concerning specified fines defaulters to commercial carriers

298 Information matching to verify social security benefit matters

299 Information matching to recover costs of visa holder's social security benefit from sponsor

300 Information matching to determine eligibility or liability to pay for publicly funded health and disability support services

301 Disclosure of immigration information to verify eligibility for publicly funded services

302 Disclosure of information to enable Department to check identity, character, and status

303 Disclosure of information to enable specified agencies to check identity and character

304 Disclosure of information to employers

305 Disclosure of information overseas

306 Information that may be disclosed under section 305

307 Purpose of Part

308 This Part code for detention and monitoring of person if detention and monitoring under this Act

309 Persons liable to arrest and detention

310 Purpose for which arrest and detention powers may be exercised

311 Implications of liability to arrest and detention

312 Limited power of detention for up to 4 hours

313 Initial period of detention for up to 96 hours without warrant

314 Persons arrested and detained pending making of deportation order

315 Person may instead agree to residence and reporting requirements

316 Application for warrant of commitment

317 Decision on application for warrant of commitment

318 Decision on application for warrant if threat or risk to security

319 Warrant of commitment

320 Court may instead release person on conditions

321 Special conditions where threat or risk to security

322 Persons detained under warrant of commitment or released on conditions pending making of deportation order

323 Decisions on warrants of commitment where detention beyond 6 months

324 Review of warrant of commitment or release on conditions

325 Consideration by High Court of application involving classified information

326 Process for High Court to consider application

327 Duties of detaining officers

328 Additional powers relating to detention by immigration officer

329 Arresting or detaining officer may seek assistance

330 Approval of premises for purpose of immigration detention

331 Form of custody of persons detained without warrant overnight

332 Form of custody of persons detained under warrant of commitment

333 Special provisions relating to custody

334 Additional provisions relating to custody in approved premises

335 Delivery of person into custody of immigration officer or police for purposes of deportation

336 Person being deported must be returned to custody or conditions reimposed if craft not available as planned

337 During epidemic District Court may deal with certain matters on basis of documents only

338 Modification during epidemic of requirements to bring people before District Court Judge

339 During epidemic certain warrants and extensions to have effect for 28 days

340 Application of section 320 during epidemic

341 Calculation of consecutive period of detention for purposes of section 323

342 Provision of false or misleading information

343 Aiding and abetting

344 Obstruction or failing to meet requirements

345 Improper dealings with immigration or identity documents

346 Impersonation

347 Publishing false or misleading information

348 Alteration of forms

349 Offences relating to carriers, and persons in charge, of craft

350 Offences by employers

351 Exploitation of persons not legally entitled to work

352 Offences by education providers

353 Offences in relation to Tribunal

354 Failure to maintain confidentiality in relation to refugee or protection matters

355 Penalties: general

356 Penalties: carriers, and persons in charge, of craft

357 Penalties: employers

358 Penalties: education providers

359 Infringement offences

360 Proceedings for infringement offences

361 Immigration officer may require information

362 Infringement notices

363 Reminder notices

364 Infringement fees

365 Revocation of infringement notices

366 Evidence in proceedings: certificates in relation to persons

367 Evidence in proceedings: certificates as to forms, documents, etc

368 Evidence in respect of matters occurring and documents executed outside New Zealand

369 Presumption that certificates duly authorised

370 Procedural provisions relating to offences

371 Presumption of authority

372 Time for laying information

373 Immigration status of persons born in New Zealand on or after 1 January 2006

374 Immigration status of persons whose status depends on immigration status of parent

375 Minors to have responsible adult to represent their interests

376 Role and rights of responsible adult

377 Views of minor to be considered

378 Special directions

379 Immigration officer to act in accordance with special direction

380 Delegation of Minister's powers

381 Chief executive may approve forms

382 Chief executive to designate immigration control areas

383 Chief executive may designate places outside New Zealand where entry permission may be granted

384 Endorsement in foreign passport

385 Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc

386 Giving notice, service of notice, etc

387 New Zealand address

388 Designation of immigration officers

389 Immigration officers’ functions and powers

390 Designation of refugee and protection officers

391 Revocation or lapsing of designations

392 Relationship between this Act and Human Rights Act 1993

393 Fees and how they may be prescribed for purposes of section 400

394 Other charges

395 Exemptions and refunds

396 Imposition of bonds

397 Refund or forfeiture of bond

398 Costs of deportation or repatriation

399 Migrant levy

400 Regulations generally

401 Regulations relating to visas and expressions of interest

402 Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand

403 Regulations in respect of refugee and protection matters

404 Immigration Act 1987 repealed

405 Regulations made under Immigration Act 1987 revoked

406 Consequential amendments and repeals

407 Immigration Act 1987 continues in relation to certain matters and for certain purposes

408 Appeals body members not entitled to compensation

409 Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions

410 Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 412 applies

411 General instructions given under section 13BA of former Act treated as general instructions under section 26(4) of this Act

412 Existing applications for visas and permits

413 Expressions of interest in residence under section 13D of former Act

414 Invitations to apply for residence under section 13E of former Act

415 Holder of visa or permit under former Act deemed to be holder of visa and (if applicable) granted entry permission under this Act

416 Returning resident's visa held by New Zealand citizen under former Act indication of entitlement

417 Persons exempt from holding permit under former Act deemed to be holders of temporary visa or resident visa

418 Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand

419 Decision by chief executive about person boarding craft for purpose of travelling to New Zealand

420 Information requirements for carrier, and person in charge, of commercial craft

421 Reporting obligations of carriers, and persons in charge, of craft leaving New Zealand

422 Obligations of carriers of craft leaving New Zealand to provide passage

423 Responsibilities of carrier, and person in charge, of craft en route to New Zealand

424 Person recognised as refugee under former Act treated as recognised as refugee under this Act

425 Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration)

426 Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration

427 Acts or things done by refugee status officer for purposes of claim (including subsequent claim) under former Act not required to be repeated by refugee and protection officer

428 Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act

429 Persons subject to section 129U of former Act

430 Person subject to section 128 or 128B of former Act

431 Deportation liability of residence class visa holder convicted of criminal offence

432 Revocation of permits, removal orders, and deportation orders

433 Permit granted prior to commencement of section 404 as result of administrative error

434 Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act

435 Person released on conditions under former Act

436 Person subject to residence and reporting requirements under former Act

437 No deportation liability if deportation prohibited under former Act

438 Person subject to Part 4A of former Act

439 Certain persons deemed liable for arrest and detention under Part 9

440 Detention of person liable for turnaround

441 Detention of person beyond 6 months

442 Detention under former Act without warrant

443 Detention under former Act with warrant

444 Reconsiderations not determined before former Act repealed

445 Persons eligible for reconsideration before former Act repealed

446 Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed

447 Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed

448 Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed

449 Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed

450 Appeals not determined by court before former Act repealed

451 Persons eligible to appeal to court before former Act repealed

452 Appeals against, or review proceedings in respect of, Tribunal decisions under this subpart to be made under Part 7

453 No new appeal rights created

454 Arrangements under former Act for disclosure of immigration information

455 Offences

456 Offences by employers

457 Evidence in proceedings

458 Classified information

459 Children to have responsible adult to represent their interests

460 Special directions

461 Delegation of powers of Minister

462 Immigration officers

463 Immigration officers who may make and cancel removal orders under former Act

464 Acts or things done by immigration officer under former Act not required to be repeated

465 Exercise of certain powers by customs officers

466 Exercise of certain powers by Police

467 Refugee status officers

468 Forms

469 Bonds imposed under former Act

470 Sponsorship under former Act

471 Files of appeals bodies

472 Transitional regulations

473 Transitional immigration instructions

474 Exercise of certain powers and functions before commencement of certain provisions of this Act

475 Principal Act amended

476 Cancellation of removal order

477 New section 141ABA inserted

478 Interpretation