(1) The purpose of this Act is to manage immigration in a way that balances the national interest, as determined by the Crown, and the rights of individuals.

(2) To achieve this purpose, the Act establishes an immigration system that—

• (a) requires persons who are not New Zealand citizens to—

  • (i) hold a visa to travel to New Zealand; and

  • (ii) hold a visa and be granted entry permission to stay in New Zealand; and

• (b) provides for the development of immigration instructions (which set rules and criteria for the grant of visas and entry permission) to meet objectives determined by the Minister, which may include objectives such as—

  • (i) contributing to the New Zealand workforce through facilitating access to skills and labour; and

  • (ii) supporting families; and

• (c) allows for the management of the immigration aspects of border control, by setting requirements that apply to persons arriving in New Zealand or who are intending to arrive in New Zealand; and

• (d) provides a process for implementing specified immigration-related international obligations; and

• (e) includes mechanisms to ensure that those who engage with the immigration system comply with its requirements, including mechanisms that—

  • (i) enable immigration officers to gather information in relation to visa holders, employers, and education providers to determine compliance with obligations in respect of the system; and

  • (ii) prescribe the system for the deportation of people who are not New Zealand citizens and who fail to comply with immigration requirements, commit criminal offences, or are considered to pose a threat or risk to security; and

• (f) establishes a specialist tribunal to consider appeals against decisions made under this Act and to consider humanitarian appeals; and

• (g) supports the settlement of migrants, refugees, and protected persons.

In this Act, unless the context otherwise requires,—

(1) Where this Act or regulations under this Act provide that any notice or other document must be served on or supplied to the Minister, it must be served or supplied in accordance with section 386(1).

(2) Where this Act or regulations under this Act provide that any notice or other document must be served on or supplied to an immigration officer or a refugee and protection officer, it must be served or supplied in accordance with section 386(2).

(3) Where this Act or regulations under this Act provide that any notice or other document must be served on or supplied to any other person, or the person must be notified of any decision, matter, or other thing, it must be served, supplied, or notified in accordance with section 386(3).

(4) Subsections (1) to (3) are subject to section 386(8).

(1) A period of time prescribed in this Act for the making of an application under the Act must be calculated excluding any day that is—

• (a) a public holiday or a Department holiday determined by the chief executive; and

• (b) not a Saturday or Sunday.

(2) A period of time prescribed in this Act for the lodging of an appeal to the Tribunal must be calculated excluding—

• (a) any day that is—

  • (i) a public holiday or a Department holiday determined by the chief executive; and

  • (ii)  not a Saturday or Sunday; or

• (b) if the Department is not the department referred to in clause 5 of Schedule 2, any day that is a public holiday and not a Saturday or Sunday, and—

  • (i) any day in the period beginning on 25 December in a year and ending on 2 January in the following year; and

  • (ii) if 1 January falls on a Friday, the following Monday; and

  • (iii) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday.

(3) Subsections (1) and (2) do not apply for the purposes of calculating working days under section 194(2) or 195(3).

(1) In this Act, classified information means information that the chief executive of a relevant agency certifies in writing cannot be disclosed under this Act (except as expressly provided for) because—

• (a) the information is information of a kind specified in subsection (2); and

• (b) disclosure of the information would be disclosure of a kind specified in subsection (3).

(2) Information falls within subsection (1)(a) if it—

• (a) might lead to the identification, or provide details, of the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the relevant agency; or

• (b) is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the relevant agency; or

• (c) has been provided to the relevant agency by the government of another country, an agency of a government of another country, or an international organisation, and is information that cannot be disclosed by the relevant agency because the government, agency, or organisation from which the information has been provided will not consent to the disclosure.

(3) Disclosure of information falls within subsection (1)(b) if the disclosure would be likely—

• (a) to prejudice the security or defence of New Zealand or the international relations of New Zealand; or

• (b) to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the government of another country, an agency of a government of another country, or an international organisation; or

• (c) to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or

• (d) to endanger the safety of any person.

(4) In this Act, proceedings involving classified information means any proceedings in which classified information—

• (a) was relied on in making the decision appealed against or subject to review proceedings (including a decision of the Tribunal); or

• (b) is first raised or proposed to be raised in the course of an application to the Tribunal or on appeal or in review proceedings; or

• (c) is raised in an application under Part 9.

(5) A chief executive of a relevant agency must not delegate to any person the ability to certify information as classified information under subsection (1).

(6) Subsection (5) does not limit section 40 of the State Sector Act 1988.

(1) In this Act, a visa is granted as a result of an administrative error if—

• (a) it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b)); or

• (b) it is granted to an excluded person (unless section 17 applies); or

• (c) the person granting it intended to grant a visa of a type other than the one that was actually granted; or

• (d) it is granted for a period exceeding the period specified in immigration instructions for visas of that type (unless the Minister or an immigration officer deliberately and properly granted it as an exception to the immigration instructions); or

• (e) it is granted on the basis of the person holding a visa that was granted as a result of an administrative error; or

• (f) it is granted in contravention of—

  • (i) a special direction; or

  • (ii) immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or

  • (iii) an instruction of a kind referred to in section 378(7).

(2) In this Act, entry permission is granted as a result of an administrative error if—

• (a) it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b)); or

• (b) it is granted to an excluded person (unless section 17 applies); or

• (c) it is granted in contravention of—

  • (i) a special direction; or

  • (ii) immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or

• (d) it is granted on the basis of, or in conjunction with,—

  • (i) a visa that was itself granted on the basis of an administrative error; or

  • (ii) a visa that was granted for a period exceeding the period specified in immigration instructions for a visa of that type (unless the Minister or an immigration officer deliberately and properly granted the visa as an exception to the immigration instructions); or

  • (iii) a visa of a class or type other than that intended to be granted.

(1) In this Act, a person who is not a New Zealand citizen is unlawfully in New Zealand if the person is in New Zealand but—

• (a) is not the holder of a visa granted under this Act; or

• (b) has not been granted entry permission under this Act.

(2) A person's status as being unlawfully in New Zealand is calculated—

• (a) as starting on the date the person arrived in New Zealand, if the person has never been lawfully in New Zealand since his or her arrival; or

• (b) as starting on the day after the date on which the person's visa expired or was cancelled without another visa being granted; or

• (c) in accordance with sections 373 and 374, if—

  • (i) the person was born in New Zealand on or after 1 January 2006; and

  • (ii) he or she is not a New Zealand citizen.

(1) For the purposes of this Act, a person is deported from a country if the person leaves the country (whether or not at the expense of the government of the country) and an order for the person's departure made by the government of the country, an authorised official of the country, or a judicial authority in the country, is in force.

(2) For the purposes of this Act, a person is not deported from a country merely because the person is surrendered to another country in accordance with a request for the extradition of the person to that country.

(3) For the purposes of this Act, a person is deported from New Zealand if—

• (a) the person leaves New Zealand (whether or not at the expense of the Government of New Zealand)—

  • (i) on or after the date on which a deportation order may be served on the person under section 175; or

  • (ii) after a deportation order has been served on the person; or

  • (iii) while he or she is subject to a prohibition on entry to New Zealand under section 179 or 180; or

• (b) the person is served with a deportation order when he or she is outside New Zealand; or

• (c) the person was deported from New Zealand under the former Act.

If a provision of this Act provides that a matter or decision is in the absolute discretion of the decision maker concerned, it means that—

• (a) the matter or decision may not be applied for; and

• (b) if a person purports to apply for the matter or decision, there is no obligation on the decision maker to—

  • (i) consider the purported application; or

  • (ii) inquire into the circumstances of the person or any other person; or

  • (iii) make any further inquiries in respect of any information provided by, or in respect of, the person or any other person; and

• (c) whether the purported application is considered or not,—

  • (i) the decision maker is not obliged to give reasons for any decision relating to the purported application, other than the reason that this section applies; and

  • (ii) section 27 of this Act and section 23 of the Official Information Act 1982 do not apply in respect of the purported application.

This Act binds the Crown.

(1) For the purposes of this Act, every New Zealand citizen has, by virtue of his or her citizenship, the right to enter and be in New Zealand at any time.

(2) However, to establish his or her right to enter New Zealand, a New Zealand citizen must prove his or her citizenship and establish his or her identity by complying with border requirements.

(3) Nothing in this Act (other than subsection (2)) abrogates the right declared in subsection (1), and—

• (a) no provision of this Act that is inconsistent with that right applies to a New Zealand citizen; and

• (b) no New Zealand citizen is liable under this Act to deportation from New Zealand in any circumstances.

(4) Without limiting subsection (3), no New Zealand citizen—

• (a) requires a visa or entry permission; or

• (b) may hold a visa, or be granted entry permission, except a New Zealand citizen who—

  • (i) is a national of 1 or more other countries; and

  • (ii) wishes to enter New Zealand other than as a New Zealand citizen; and

  • (iii) has not been granted New Zealand citizenship, been registered as a New Zealand citizen by descent under section 7(2) of the Citizenship Act 1977, or been issued with an evidentiary certificate under section 21 of the Citizenship Act 1977 confirming that he or she is a New Zealand citizen.

(1) A person who is not a New Zealand citizen may—

• (a) travel to New Zealand only if the person—

  • (i) is the holder of a visa granted under this Act and the travel is consistent with the conditions of the visa; or

  • (ii) is a person to whom a visa waiver applies (whether authorised by regulation or special direction); and

• (b) enter and be in New Zealand only if the person is the holder of a visa granted under this Act and he or she has been granted entry permission.

(2) To avoid doubt, the fact that an application for a visa has been made by or for any person who is onshore does not—

• (a) render the person’s presence in New Zealand lawful; or

• (b) give the person a right to remain in New Zealand while the application is considered; or

• (c) give the person a right to apply for or be granted any other visa pending determination of the application; or

• (d) inhibit any deportation procedures under this Act that may apply to the person.

(3) This Act applies subject to—

• (a) sections 90 to 96 of the Extradition Act 1999; and

• (b) sections 150 to 155 of the International Crimes and International Criminal Court Act 2000.

(1) No visa or entry permission may be granted, and no visa waiver may apply, to any person—

• (a) who, at any time (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more; or

• (b) who, at any time in the preceding 10 years (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or

• (c) who is subject to a period of prohibition on entry to New Zealand under section 179 or 180; or

• (d) who at any time (whether before or after the commencement of this section) has been removed or deported from New Zealand under any enactment; or

• (e) who is excluded from New Zealand under any enactment; or

• (f) who has, at any time, been removed, excluded, or deported from another country.

(2) Paragraphs (a) and (b) of subsection (1) apply—

• (a) whether the sentence is of immediate effect or is deferred or is suspended in whole or in part:

• (b) where a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the offender had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences:

• (c) where a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.

(3) Subsection (1)(d) does not apply to a person who—

• (a) has been deported from New Zealand under section 158 of the Shipping and Seamen Act 1952; or

• (b) was subject to a removal order under section 54 of the former Act, if the removal order has expired or been cancelled; or

• (c) was deported under this Act, if the relevant prohibition on entry under section 179 or 180 has expired; or

• (d) has been deported from New Zealand under section 20 of the Immigration Act 1964 on the grounds of being convicted of an offence against section 14(5) or 15(5) of that Act.

(4) This section is subject to section 17.

(1) No visa or entry permission may be granted, and no visa waiver may apply, to any person who—

• (a) the Minister has reason to believe—

  • (i) is likely to commit an offence in New Zealand that is punishable by imprisonment; or

  • (ii) is, or is likely to be, a threat or risk to security; or

  • (iii) is, or is likely to be, a threat or risk to public order; or

  • (iv) is, or is likely to be, a threat or risk to the public interest; or

• (b) is a member of a terrorist entity designated under the Terrorism Suppression Act 2002.

(2) This section is subject to section 17.

(1) Despite sections 15 and 16, a visa and entry permission may be granted to any person—

• (a) in accordance with a special direction; or

• (b) in accordance with section 83.

(2) Despite sections 15 and 16,—

• (a) entry permission must be granted to—

  • (i) the holder of a permanent resident visa; and

  • (ii) the holder of a resident visa granted in New Zealand; and

  • (iii) the holder of a resident visa arriving in New Zealand for a second or subsequent time as the holder of the visa:

• (b) a visa and entry permission must be granted to a person who is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968 (other than a person referred to in section 10D(2)(d) of that Act) or the Consular Privileges and Immunities Act 1971.

(3) A decision to grant a visa and entry permission under subsection (1) is in the absolute discretion of the decision maker.

(1) A person who is unlawfully in New Zealand has an obligation to leave New Zealand.

(2) The obligation under subsection (1) arises whether or not the person is aware of the obligation, or of the implications of not meeting it, and—

• (a) that obligation, and any liability of the person to deportation or other action under this Act, is not affected by any failure or alleged failure of the chief executive to communicate the obligation and related implications under section 19; but

• (b) nothing in paragraph (a) prevents any action from being brought in respect of such a failure or alleged failure in proceedings that are not directed towards preventing the deportation of any person.

(1) The chief executive must communicate to persons who are seeking visas to come to New Zealand or visas to be in New Zealand—

• (a) the obligation to leave New Zealand created by section 18; and

• (b) that a person who fails to meet that obligation is liable for deportation.

(2) Without limiting the means by which the chief executive may communicate those matters, he or she must provide the relevant information required by subsection (1)—

• (a) at offices where visas are granted, by way of notices that can be readily seen by persons to whom it is likely to be of relevance:

• (b) on application forms for visas:

• (c) in immigration control areas, by way of notices that can be readily seen by all arriving entrants:

• (d) on informational material provided by the Department to persons who are interested in coming to New Zealand.

(3) The chief executive may communicate the information in 1 or more languages as he or she thinks fit.

(4) Any temporary entry class visa granted to any person that is evidenced by an endorsement in the holder’s passport or certificate of identity must contain words to the effect that the person must leave New Zealand before expiry of the visa, or face deportation.

No person who is unlawfully in New Zealand may apply for a visa and, where any such person purports to apply for a visa, it is a matter for the absolute discretion of the Minister.

A person who is unlawfully in New Zealand may not—

• (a) work in New Zealand or in the exclusive economic zone of New Zealand; or

• (b) study in New Zealand, except in compulsory education (but subject to the Education Act 1989).

(1) The Minister may certify immigration instructions relating to—

• (a) residence class visas, temporary entry class visas, and transit visas:

• (b) entry permission:

• (c) conditions relating to resident visas, temporary entry class visas, and transit visas, including, without limitation, conditions relating to—

  • (i) travel to New Zealand:

  • (ii) the holder’s ability to work or study in New Zealand or in the exclusive economic zone of New Zealand:

• (d) the periods for which each type of temporary entry class visa may be granted:

• (e) the types of temporary visas that may be granted, and the name and description of each type.

(2) Immigration instructions take effect from—

• (a) the date they are certified; or

• (b) a date specified in the instructions as being the date on which they come into effect, which must not be earlier than the date they are certified.

(3) Applications for temporary entry class visas or transit visas that are made before any relevant immigration instructions take effect may be determined in accordance with those immigration instructions when those instructions take effect.

(4) Subsection (3) does not apply to applications for temporary entry class visas subject to restricted temporary entry instructions.

(5) The kinds of matters that may constitute immigration instructions for the purposes of this Act are as follows:

• (a) any general or specific objectives of immigration policy:

• (b) any rules or criteria for determining the eligibility of a person for the grant of a visa of any class or type, or for entry permission, being rules or criteria relating to the circumstances of that person:

• (c) any indicators, attributes, or other relevant information or matters that may or must be taken into account in assessing a person’s eligibility for a visa or entry permission:

• (d) any statement of, or rules or criteria or process for determining, the number or categories or ranking of persons or classes of persons whose applications for visas of any class or type or entry permission may be granted at any particular time or over any particular period:

• (e) any rules or criteria for the lapsing of applications in respect of which no decision to grant a visa has been made:

• (f) any matters relevant to balancing individual eligibility for a visa or entry permission against the overall objectives or requirements of immigration instructions:

• (g) any requirements relating to documentation, consultation, or other evidence or information required to assess a person’s eligibility for a visa or entry permission:

• (h) any statement of the conditions or types of conditions that may be imposed upon a visa of any particular class or type, and the circumstances in which or classes of persons in relation to whom the conditions may be imposed:

• (i) the nature and extent of the discretion that immigration officers may exercise in making a decision on any visa.

(6) Without limiting subsection (5), any rules or criteria relating to eligibility for a visa or entry permission—

• (a) may include matters relating to—

  • (i) health:

  • (ii) character:

  • (iii) the immigration status of applicants for visas (whether currently or at any time in the past):

  • (iv) sponsorship:

  • (v) the provision of bonds:

• (b) may, in respect of any 1 or more specified classes or categories of person who wish to apply for a visa,—

  • (i) include a requirement that persons of that class or category may apply for a visa only if invited to do so by the Minister or an immigration officer:

  • (ii) stipulate any period for which an expression of interest under section 92 will remain current:

  • (iii) set or indicate rules, criteria, or other relevant matters of the kinds specified in subsection (5)(a) to (g) that will or may apply for the purpose of determining whether an invitation to apply for a visa should be granted to any such person:

  • (iv) stipulate any time frame, or any method for determining the time frame, within which the relevant application must be made following the issue of an invitation to apply for a visa.

(7) Any conditions referred to in subsection (5)(h) that relate to resident visas (other than conditions relating to travel) must specify the maximum period, not exceeding 5 years, for which they may be imposed.

(8) Immigration instructions certified by the Minister under subsection (1)—

• (a) are statements of government policy:

• (b) are not regulations for the purposes of the Regulations (Disallowance) Act 1989 or the Acts and Regulations Publication Act 1989.

(1) The Minister must classify immigration instructions as—

• (a) residence instructions; or

• (b) temporary entry instructions (and, if appropriate, as restricted temporary entry instructions); or

• (c) transit instructions.

(2) To avoid doubt, any temporary entry instructions are not residence instructions, regardless of whether the granting of a visa or entry permission under those instructions may affect eligibility for, or otherwise relate to, the grant of a residence class visa.

(1) The Minister may certify in accordance with section 22 rules or criteria for the lapsing of applications in respect of which no decision to grant a visa has been made, or is likely to be made,—

• (a) within any stipulated period or by any stipulated date; or

• (b) by the date on which any relevant quota or limit set under immigration instructions for any particular period is reached; or

• (c) by any other date on which some other specified event occurs or, as the case may be, has not occurred.

(2) Rules and criteria set under this section—

• (a) may differ for different classes or categories of applications:

• (b) may specify any stage of processing of an application that must be reached within any stipulated period or by any stipulated date if the application is not to lapse.

(3) The question whether an application meets any rules or criteria for lapsing set under this section is a matter for the discretion of the Minister or an immigration officer, and—

• (a) no appeal lies against the decision of the Minister or the officer concerned, or the lapsing of the application, whether to the Minister, the Tribunal, a court, or otherwise; and

• (b) no review proceedings may be brought in any court in respect of—

  • (i) the lapsing of an application for a visa under rules or criteria set under this section; or

  • (ii) the lapsing of an expression of interest in obtaining an invitation to apply for a visa.

(4) Any decision that an application for a residence class visa, or a temporary entry class visa of a type subject to restricted temporary entry instructions, will lapse must be made in accordance with the rules and criteria applicable at the time the application was made.

(5) If an application lapses, no further processing or decision in respect of that application is required.

(6) If an application lapses in accordance with rules and criteria set under this section, the chief executive must refund any application fee paid in respect of the application to the person who paid it, or a person authorised by that person to receive it.

(7) Nothing in this Act or in any other law or enactment entitles a person whose application has lapsed to recover from the Minister or the Department or any immigration officer any costs associated with the application, or any costs, damages, or compensation associated with the lapsing of the application, other than the application fee refundable under subsection (6).

(8) In this section (except subsections (6) and (7)), application includes an expression of interest under section 92 in obtaining an invitation to apply.

(1) The chief executive must publish immigration instructions.

(2) The chief executive must ensure that copies of immigration instructions are available or readily obtainable for inspection, free of charge, at—

• (a) offices of the Department; and

• (b) New Zealand government offices overseas that deal with immigration matters.

(3) Nothing in subsection (2) requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982, were a request to be made for the information under that Act.

(1) The order and manner of processing any application for a visa or entry permission is a matter for the discretion of the Minister or an immigration officer.

(2) Subsection (1) applies unless immigration instructions that particularly relate to the order or manner of processing applications for residence class visas, temporary entry class visas, or transit visas require otherwise.

(3) The order and manner of processing any claim is a matter for the discretion of a refugee and protection officer.

(4) However, the chief executive may give general instructions to immigration officers and refugee and protection officers on the order and manner of processing any application or claim, or specified classes of application or claim, and, if so, an immigration officer or a refugee and protection officer must process an application or claim in accordance with those instructions.

(5) In giving any instructions, the chief executive may have regard to such matters as the chief executive thinks fit.

(6) General instructions may apply to any or all applications or claims regardless of the fact that—

• (a) the general instructions may be different from those existing at the time that the applications or claims were made; or

• (b) the general instructions may result in applications or claims being processed in a different order or manner than would otherwise have occurred.

(7) The question whether an application or claim is processed in an order and manner consistent with any general instructions is a matter for the discretion of the immigration officer or refugee and protection officer concerned, and—

• (a) no appeal lies against his or her decision, whether to the Minister, the Tribunal, a court, or otherwise; and

• (b) no review proceedings may be brought in any court in respect of—

  • (i) any general instructions; or

  • (ii) the application of any general instructions; or

  • (iii) any failure by the Minister or an immigration officer to process, or to continue to process, an application; or

  • (iv) any decision by the Minister or an immigration officer to process (including a decision to continue to process), or any decision not to process (including a decision not to continue to process), an application.

(8) The chief executive may make arrangements for providing assistance to the Minister, immigration officers, and refugee and protection officers in processing applications and claims.

(9) To avoid doubt, general instructions given under this section—

• (a) are matters of rules and practice of the Department; and

• (b) are not immigration instructions.

(10) To avoid doubt, nothing in this Act, or in any other law or enactment, requires an immigration officer or a refugee and protection officer to process an application or claim in any particular order or manner unless required to do so by—

• (a) general instructions given under this section; or

• (b) immigration instructions that particularly relate to the order or manner of processing applications for residence class visas, temporary entry class visas, or transit visas.

(1) Except as otherwise provided in this Act, where a person who applied for a visa or entry permission onshore or in an immigration control area so requests, an immigration officer (or, where the decision is the Minister’s, the Minister) must give the reasons for any decision to—

• (a) refuse to grant a visa to the person; or

• (b) refuse to grant to the person a visa of a particular type; or

• (c) refuse to grant entry permission to the person.

(2) The reasons must—

• (a) be given in writing; and

• (b) contain the information required under section 23 of the Official Information Act 1982 as if the reasons were given in response to a request to which that section applies.

(3) Subsection (1) is subject to section 40(3)(e) and (f).

(1) An automated electronic system that applies criteria predetermined in accordance with immigration instructions may be used by the Department to—

• (a) rank an expression of interest:

• (b) process, grant, or refuse to grant an invitation to apply for a visa:

• (c) process an application for, grant (with or without conditions), or refuse to grant a visa:

• (d) process an application for, grant, or refuse to grant entry permission.

(2) An automated electronic system may be used by the Department to process an application for, grant (with or without conditions), or refuse to grant an interim visa.

(3) Conditions imposed on visas granted by an automated electronic system may only be conditions that are specified in immigration instructions for a visa of the relevant class or type.

(4) However, nothing in this section prevents an immigration officer or the Minister from imposing further conditions, or varying or cancelling conditions under any of sections 50 to 55, on or in relation to a visa granted by way of an automated electronic system.

(5) Where a decision to grant or refuse to grant a visa or entry permission, or to issue or refuse to issue an invitation to apply for a visa, is made by way of an automated electronic system, that decision must for all purposes be treated as a decision of an immigration officer who is authorised to make the decision under this Act.

The chief executive may make a decision under section 97(1) by means of an automated electronic system that analyses the information (if any) about a person that is held by the chief executive or to which the chief executive has access using criteria predetermined by the chief executive.

Biometric information required from persons in accordance with this Act may be used to—

• (a) establish a record of a person’s identity; or

• (b) establish or verify a person’s identity; or

• (c) assist in decision making under this Act.

(1) Biometric information collected under this Act may be collected, using an automated system or otherwise, by—

• (a) an immigration officer or a refugee and protection officer; or

• (b) an agent or person on behalf of an immigration officer or a refugee and protection officer.

(2) Biometric information must be dealt with in accordance with the Privacy Act 1993.

(3) Subsection (2) is for the avoidance of doubt.

(1) The Department must complete a privacy impact assessment in respect of the collection and handling of biometric information under this Act to—

• (a) identify the potential effects that the Act may have on personal privacy; and

• (b) examine how any detrimental effects on privacy might be lessened.

(2) The Department must consult the Privacy Commissioner—

• (a) on the terms of reference developed for the assessment; and

• (b) when completing the assessment.

(3) The Department must review its privacy impact assessment if changes are made to this Act, regulations made under it, or operational policy in respect of the collection or handling of biometric information and, if the review establishes that new or increased privacy impacts have resulted from the changes, must—

• (a) amend or replace the privacy impact assessment; and

• (b) consult the Privacy Commissioner on the amended or replacement assessment.

(4) The Department must ensure the current privacy impact assessment is—

• (a) available on the Department's Internet site; and

• (b) available or readily obtainable for inspection, free of charge, at—

  • (i) offices of the Department; and

  • (ii) New Zealand government offices overseas that deal with immigration matters.

(5) Nothing in subsection (4) requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982, were a request to be made for the information under that Act.

(1) Classified information may be relied on in making decisions or determining proceedings under this Act if the Minister determines that the classified information relates to matters of security or criminal conduct.

(2) If subsection (1) applies, the Minister may—

• (a) rely on the information to make a decision under Part 3, 4, or 6; or

• (b) direct that the information be provided to a refugee and protection officer (who has been authorised by the chief executive to make decisions under Part 5 relying on classified information) so that the officer may rely on it to make—

  • (i) a decision under Part 5; or

  • (ii) an application to the Tribunal under that Part; or

• (c) refer the information to the Tribunal or a court, as the case may be, if the information is first to be relied on—

  • (i) in an appeal to the Tribunal or the court; or

  • (ii) in an application to the Tribunal; or

  • (iii) in review proceedings; or

• (d) refer the information to the chief executive so that he or she may make an application for a warrant of commitment, or an application or a response to an application for review or release, in accordance with section 325.

(3) Sections 34 to 42 apply, as appropriate, when decisions are made relying on classified information to which subsection (1) applies.

(4) Sections 240 to 244 and 252 to 270 apply to proceedings involving classified information to which subsection (1) applies.

(1) Where classified information may be relevant to a decision under this Act,—

• (a) the Minister may request an oral or a written briefing from the chief executive of the relevant agency; and

• (b) the Minister may seek the assistance of such security-cleared assistants as he or she thinks fit; and

• (c) the content of the briefing is to be determined by the chief executive of the relevant agency.

(2) No person may be called to give evidence in any court or tribunal in relation to the content of the briefing or anything coming to his or her knowledge as a result of the briefing (including any record of an oral briefing), except as provided in sections 241(1) and 259(1).

(1) Classified information relied on for the purpose of making any decision or determining any proceedings under this Act must be kept confidential and must not be disclosed, except as provided in sections 241(1), 259(1), 267(4), 269(4), and 270(3).

(2) Subsection (1)—

• (a) does not limit or affect the application of the Ombudsmen Act 1975, the Official Information Act 1982, or the Privacy Act 1993; but

• (b) otherwise applies despite any other enactment or rule of law to the contrary.

(3) Neither the Tribunal nor any court may require or compel the chief executive of the relevant agency, the Minister, or any other person to disclose any classified information in any proceedings under this Act (but without derogating from sections 241(1) and 259(1)).

(1) The chief executive of a relevant agency who provides classified information to the Minister under this Act must ensure that—

• (a) the information is provided in a manner that does not, by reason of the omission of any other relevant classified or non-classified information, give a misleading view of the information supplied; and

• (b) any classified or non-classified information that is favourable to the person subject to the decision or proceedings is also provided; and

• (c) any further classified information that becomes available and that is relevant to the decision or proceedings is provided.

(2) The obligation to provide further information ceases on the date—

• (a) the decision concerned is made:

• (b) a decision on the proceedings concerned is made.

(1) The chief executive of the relevant agency may at any time withdraw, update, or add to all or any part of any classified information provided to the Minister under this Act.

(2) If the classified information is updated or added to, the Minister must make a further determination under section 33(1) on whether the information may be relied on.

(3) If the Minister determines that the information may be—

• (a) relied on before the Minister makes a decision under Part 3, 4, or 6, the Minister must, if the information is relevant to the decision being made, take that new or updated information into account in making the decision:

• (b) relied on before a refugee and protection officer makes a decision under Part 5, the officer must, if the information is relevant to the decision being made, take the new or updated information into account in making the decision:

• (c) raised in proceedings involving classified information,—

  • (i) the Tribunal or court must treat the new or updated information in the same way as classified information originally provided to it under section 241(1) or 259(1); and

  • (ii) the Tribunal must determine in relation to the new or updated information the matters set out in section 243(1)(a), (b), and (c).

(4) If the chief executive of the relevant agency withdraws any classified information,—

• (a) the classified information must be kept confidential and must not be disclosed by the decision maker, the Tribunal, or the court (as the case may be); and

• (b) the decision maker, the Tribunal, or the court must continue to make the decision or determine the proceedings—

  • (i) without regard to that classified information (but subject to section 243(2) in the case of the Tribunal); and

  • (ii) in the case of an appeal, a matter, or review proceedings, as if that information had not been available in making the decision subject to the appeal, matter, or review proceedings.

(5) The chief executive of the relevant agency may at any time direct any person to return classified information to the relevant agency.

(1) This section and section 39 apply where classified information is to be relied on, or may be relied on, in the making of any decision (a relevant decision) in relation to—

• (a) an application for a visa, if the application is for—

  • (i) a residence class visa; or

  • (ii) a temporary visa or a limited visa, and the applicant is onshore; or

• (b) a person’s liability for deportation; or

• (c) any matter to which Part 5 applies, if the decision is to be made by a refugee and protection officer.

(2) Before a relevant decision is made that relies on any classified information that is or may be prejudicial to the person who is the subject of the proposed decision,—

• (a) the chief executive of the relevant agency and the Minister or the refugee and protection officer concerned, as the case may be, must agree a summary of the allegations arising from the classified information; and

• (b) the Minister or the refugee and protection officer must forward the summary to the person who is the subject of the proposed decision for comment, and specify a time by which any comment may be provided.

(3) For the purposes of making a relevant decision, the classified information may be relied on only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 7(3).

(4) Nothing in subsection (2) requires the summary to—

• (a) list any documents or other source material containing classified information; or

• (b) detail the contents of any documents or other source material containing classified information; or

• (c) specify the source of any documents or other source material containing classified information.

(5) A summary under this section must be updated, and the person affected provided with an updated summary, where—

• (a) any classified information that was proposed to be relied on in making the decision is withdrawn (unless all of the classified information is withdrawn); or

• (b) the chief executive of the relevant agency adds to or updates the classified information that will be relied on in making the decision.

(6) An updated summary must be prepared in the same way as if it were a summary prepared under subsection (2)(a).

(1) Where a decision of a kind referred to in section 38(1) has been made relying on classified information, and the decision is prejudicial to the person concerned, then, subject to section 40, the person who is the subject of the decision must be informed of—

• (a) the fact that classified information was relied on in making the decision; and

• (b) the reasons for the decision (except to the extent that providing reasons would involve a disclosure of classified information that would be likely to prejudice the interests referred to in section 7(3)); and

• (c) the appeal rights, if any, available in respect of the decision; and

• (d) if appeal rights are available, the right to be represented by a special advocate.

(2) Reasons must—

• (a) be given in writing; and

• (b) contain the information required under section 23 of the Official Information Act 1982 as if the reasons were given in response to a request to which that section applies.

(3) The Minister or a refugee and protection officer, as the case may be, must also prepare a record of the reasons for the decision, including any reasons arising from the classified information, which may not be accessed or disclosed except in accordance with section 241(1), 259(1), or 267(4) or to the chief executive of the relevant agency.

(1) Subsection (2) applies to the Minister if—

• (a) he or she is making a decision under this Act relying on classified information; and

• (b) the decision is not a decision of a kind referred to in section 38(1).

(2) The Minister is not required to—

• (a) provide potentially prejudicial information based on classified information to the person concerned for comment; or

• (b) give reasons for the decision, and section 23 of the Official Information Act 1982 and section 27 of this Act do not apply in respect of the decision.

(3) Nothing in section 38 or 39 requires the making available of any classified information or a summary of the allegations arising from classified information, or the giving of reasons for decisions,—

• (a) if the decision concerned is in the absolute discretion of the decision maker; or

• (b) in relation to expressions of interest or invitations to apply for a visa; or

• (c) to applicants for transit visas; or

• (d) to applicants for temporary entry class visas who are outside New Zealand; or

• (e) in relation to applications for visas made in an immigration control area or in a place designated by the chief executive under section 383; or

• (f) in relation to applications for entry permission.

(1) Subsection (2) applies to classified information if—

• (a) it is relied on, or may be relied on, to make a decision or determine proceedings under this Act; and

• (b) during the process of making the decision or determining the proceedings, the information is declassified.

(2) As from the date of declassification, the information is no longer subject to any of the confidentiality, process, or other requirements of this Act that apply to classified information or the users of the information.

(3) For the purposes of this section, information is declassified when the chief executive of the relevant agency certifies in writing that, as from a specified date, the classified information concerned is no longer classified information within the meaning of section 7.

No complaint may be made to the Inspector-General of Intelligence and Security about any situation or set of circumstances relating to an act, omission, practice, policy, or procedure done, omitted, or maintained (as the case may be) in connection with a decision under this Act involving classified information (including a determination in proceedings involving classified information).