Reprint as at 7 May 2015

Coat of Arms of New Zealand

Immigration Act 2009

Public Act
2009 No 51
Date of assent
16 November 2009
Commencement
see section 2
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry of Business, Innovation, and Employment.

Contents

1Title
2Commencement
3Purpose
4Interpretation
5Notifications
6How periods of time to be calculated
7Meaning of classified information and proceedings involving classified information
8Meaning of granting visa or entry permission as result of administrative error
9Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen)
9AMeaning of mass arrival group
10Meaning of deported
11Meaning of absolute discretion of the decision maker
12Act binds the Crown
13New Zealand citizens may enter and be in New Zealand at any time
14Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand
15Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand
16Certain other persons not eligible for visa or entry permission
17Exceptions to non-eligibility for visa or entry permission
18Obligation of persons unlawfully in New Zealand to leave New Zealand
19Duty of chief executive to communicate obligation to leave New Zealand
20No right for person unlawfully in New Zealand to apply for visa
21No right for person unlawfully in New Zealand to work or study
22Immigration instructions
23Immigration instructions classified as residence instructions, temporary entry instructions, or transit instructions
24Immigration instructions for lapsing of applications for visas
25Publication of immigration instructions
26How claims and applications for visas and entry permission processed
27Reasons for decisions must be given if visa or entry permission refused to certain persons
28Automated decision making in relation to visas, etc
29Automated decision making in advance passenger processing
29AUse of automated system to confirm New Zealand citizenship
30Use of biometric information in decision making
31Collection and storage of biometric information
32Department to undertake privacy impact assessment
33Classified information relating to security or criminal conduct may be relied on in decision making
34Minister may receive briefing
35Protection of classified information
36Classified information must be balanced
37Withdrawal or updating of classified information
38Summary of allegations to be developed
39Reasons, etc, to be given where prejudicial decision made using classified information
40Where classified information may be relied on without requirement for summary or reasons
41Declassification of classified information
42No right of complaint to Inspector-General of Intelligence and Security
43Effect of visa
44Person may hold only 1 current visa
45Grant of visa generally matter of discretion
46Grant of visa does not guarantee entry permission
47Grant of visa may be conditional on payment of bond
48Grant of visa may be conditional on sponsorship
49Visas may be subject to conditions
50Conditions on resident visas
51Resident visa holder may apply for variation of travel conditions
52Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions)
53Conditions on temporary entry class visas subject to restricted temporary entry instructions
54Conditions on transit visas
55Condition that visa holder have sponsor
56Visa holder must comply with conditions
57Applications for visas
58Obligation on applicant to inform of all relevant facts, including changed circumstances
59Applications by minors
60Biometric information may be required from visa applicant
61Grant of visa in special case
62Form of visa
63Expiry of visa
64Cancellation of visa on triggering event
65Cancellation of resident visa before holder first arrives in New Zealand as holder of visa
66Cancellation of temporary entry class or transit visa by Minister or immigration officer
67Cancellation of visa for administrative error
68Grant of further visa where visa granted in error
69Waiver of requirement for visa permitting travel to New Zealand in certain cases
70Classes of visa
71Who may apply for residence class visa
72Decisions on applications for residence class visa
73Currency and nature of permanent resident visa
74Currency and nature of resident visa
75Former New Zealand citizens deemed to hold resident visa
76Decisions on applications for temporary entry class visa
77Currency and nature of temporary entry class visa
78Deemed extension of temporary entry class visa expiring during epidemic
79Who may apply for temporary visa
80Interim visa
81Who may apply for limited visa
82Grant of limited visa rather than temporary visa applied for or held
83Grant of limited visa in relation to criminal matters
84Currency of limited visa
85Limitations and conditions on holders of limited visa
86Who must obtain transit visa
87Transit visa may be granted as exception to immigration instructions
88Currency and nature of transit visa
89Limitations on holders of transit visa
90Cancellation of transit visa
91Expiry of transit period
92Expressions of interest
93Obligation to inform of all relevant facts, including changed circumstances
94Invitation to apply for visa
95Issue of invitation to apply for visa matter of discretion
96Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand
97Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand
98Grant of entry permission outside New Zealand
99New Zealand citizen may confirm citizenship before arrival in New Zealand
100Collection of biometric information from proposed arrivals
101Obligations in relation to craft en route to or arriving in New Zealand
102Obligations of carriers, and persons in charge, of craft to provide information
103Obligations on persons arriving in New Zealand
104New Zealand citizens arriving in New Zealand to be photographed
105Responsibilities of internationally ticketed passengers travelling by air within New Zealand
106Responsibilities of domestic passengers travelling by air within New Zealand
107Effect of entry permission or refusal of entry permission
108Decisions on entry permission in relation to residence class visa holders
109Decisions on entry permission in relation to temporary entry class visa holders
109AForm of entry permission
110Applicant for entry permission to provide address
111Collection of biometric information
112Obligation to inform of all relevant facts, including changed circumstances
113Revocation of entry permission for administrative error
114Person failing to present and apply for entry permission
115Arrest, detention, and turnaround of persons
116When section 115 ceases to apply to person
117When turnaround ceases to apply to person remanded in custody or imprisoned
118Obligations of carriers, and persons in charge, of craft
119Obligations of persons leaving New Zealand
120Persons other than New Zealand citizens leaving New Zealand to allow biometric information to be collected
121Persons deemed not to leave New Zealand in certain circumstances
122Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control
123Protection for carriers, and persons in charge, of craft
124Purpose of Part
125Refugee or protection status to be determined under this Act
126Recognition of refugees selected outside New Zealand
127Context for decision making
128Matter not finally determined until expiry of appeal period or when appeal determined
129Recognition as refugee
130Recognition as protected person under Convention Against Torture
131Recognition as protected person under Covenant on Civil and Political Rights
132Claims not to be accepted from certain persons
133How claim made
134Whether to accept claim for consideration
135Claimant responsible for establishing claim
135ASuspension of determination of claim
136How refugee and protection officer to determine claim
137Matters to be determined by refugee and protection officer
138Decision on claim
139Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts
140Limitation on subsequent claims
141Procedure on subsequent claims
142Claim treated as withdrawn if claimant leaves New Zealand
143Cessation of recognition as refugee or protected person
144Application to Tribunal for cessation of recognition as refugee or protected person
145Cancellation of New Zealand citizen’s recognition as refugee or protected person
146Cancellation of person’s recognition as refugee or protected person (other than New Zealand citizen)
147Application to Tribunal for cancellation of New Zealand citizen’s recognition as refugee or protected person
148Procedures to be followed when refugee and protection officer making determination under section 143, 145, or 146
149Powers of refugee and protection officers
150Special provision relating to claimants granted temporary visas
151Confidentiality to be maintained in respect of claimants, refugees, and protected persons
152Disclosure of information about claimant, refugee, or protected person by government agencies
153Purpose of Part
154Deportation liability if person unlawfully in New Zealand
155Deportation liability if person’s visa granted in error
156Deportation liability if visa held under false identity
157Deportation liability of temporary entry class visa holder for cause
158Deportation liability of residence class visa holder due to fraud, forgery, etc
159Deportation liability of resident if visa conditions breached
160Deportation liability of residence class visa holder if new information as to character becomes available
161Deportation liability of residence class visa holder convicted of criminal offence
162Deportation liability if refugee or protection status cancelled under section 146
163Deportation liability of persons threatening security
164Limitation on deportation of persons recognised or claiming recognition as refugee or protected person
165Immigration officer must have regard to certain matters when dealing with claimants, refugees, or protected persons
166Limitation on deportation of diplomats, etc
167Period of deportation liability
168Liability for deportation when person outside New Zealand
169Effect of being liable for deportation
170Deportation liability notice
171Contents of deportation liability notice
172Minister may cancel or suspend liability for deportation
173Right of victims to make submissions on suspension or cancellation of liability for deportation
174Effect of suspension
175Service of deportation order
175ATime when deportation order may be served
176Content of deportation order
177Deportation order may be cancelled
178Executing deportation order
179Deported person may not enter New Zealand during period of prohibition on entry
180Deported person may not enter New Zealand until costs of deportation repaid
181Consequences for deported person if person enters or attempts to enter New Zealand during period of prohibition on entry
182Minister may reduce or remove period of prohibition on entry
183Interpretation
184Purpose of Part
185Right of reconsideration if onshore application for further temporary visa declined
186Limited right of review in respect of temporary entry class visa decisions
187Rights of appeal in relation to decisions concerning residence class visas
188Determination of appeal in relation to residence class visa
189Use of further information in appeals under section 187
190Procedure where appeal successful or Tribunal makes recommendation
191No appeal or review rights in relation to invitations to apply
192No appeal or review rights in relation to transit visas
193Tribunal consideration of refugee and protection matters
194Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims)
195Right of appeal in relation to subsequent claims for refugee or protection status
196Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement
197Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee
198Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition
199After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts
200Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person
201Persons who may appeal to Tribunal on facts
202Grounds for determining appeal on facts
203Process when entitlement to appeal on facts and humanitarian grounds
204Special process where refugee or protection status acquired through fraud, etc
205Special process if refugee or protected person liable for deportation under section 161
206Who may appeal to Tribunal on humanitarian grounds
207Grounds for determining humanitarian appeal
208Right of victims to make submission on appeal
209Tribunal may make orders considered necessary on allowing appeal against liability for deportation
210Tribunal may order grant of visa on allowing appeal against liability for deportation
211Effect of successful appeal against liability for deportation
212Tribunal may suspend liability for deportation on allowing humanitarian appeal
213Effect of suspension
214Effect of suspension on appeal
215Tribunal may reduce or remove period of prohibited entry under deportation order
216Tribunal may make order delaying deportation if appeal unsuccessful
217Immigration and Protection Tribunal
218Nature of Tribunal
219Membership of Tribunal
220Role of chair of Tribunal
221Exercise of jurisdiction
222Procedure for determining appeals and matters generally
223Chair to ensure appeals and matters heard expeditiously
224Tribunal may dismiss frivolous or vexatious appeal
224AAnnual report on performance of Tribunal’s functions
225How appeal or matter lodged
226Proceedings on appeal or matter
227Minister or Department is party to proceedings
228Information Tribunal may consider
229Tribunal may require chief executive to provide information
230Tribunal must disclose prejudicial information
231Findings of credibility and fact
232Tribunal may require provision of biometric information
233When Tribunal must or may provide oral hearing
234Decision on papers in other circumstances
235Tribunal may issue single decision when appeals or matters heard together
236Appeals against deportation liability where person serving prison sentence
237Procedure
238Withdrawal of appeal or matter
239Deemed withdrawal of certain appeals where person leaves New Zealand
240How proceedings involving classified information to be conducted by Tribunal
241Presentation of classified information to Tribunal
242Tribunal to approve summary of allegations
243Matters to be considered by Tribunal
244Tribunal may require mixture of closed and open hearings
245Appeal to High Court on point of law by leave
246Appeal to Court of Appeal on point of law by leave
247Special provisions relating to judicial review
248Minister, chief executive, or refugee and protection officer may be respondent in review proceedings relating to Tribunal decision
249Restriction on judicial review of matters within Tribunal’s jurisdiction
249AApplications for appeal and judicial review of Tribunal decision to be lodged together
249BAppeal to Court of Appeal against judicial review of matters within Tribunal’s jurisdiction
250Certain appeals and review proceedings to be treated as priority fixture
251Relationship with Judicature Act 1908 and Supreme Court Act 2003
252Proceedings involving classified information may be heard only by nominated Judge
253Appeal to High Court or review proceedings involving classified information
254Appeal to Court of Appeal or Supreme Court involving classified information
255Appeal period where decision involving classified information to be appealed to Court of Appeal or Supreme Court
256Court to approve summary of allegations
257Priority or urgency to be afforded to proceedings involving classified information
258Relevant agency entitled to be party to proceedings involving classified information
259Obligation and powers of Tribunal and courts in relation to classified information
260Ancillary general practices and procedures to protect classified information
261No disqualification by reason of security briefing
262Restriction on appeal and review
263Role of special advocates
264Recognition of special advocates
265Appointment of special advocate in individual case
266Appointment of special advocate for purposes of Part 9 proceedings
267Communication between special advocate and person to whom classified information relates
268Protection of special advocates from liability
269Tribunal or court may appoint counsel assisting the court
270Tribunal or court may appoint special adviser
271Payment to counsel assisting the court or special adviser
272Purpose of Part
273Meaning of information, document, register, list, etc, in sections 274, 276, 277, and 278
274Certificate requiring production of address information
275Persons required to provide access to address information
276Powers of entry and inspection relating to records of accommodation providers
277Powers of entry and inspection relating to records of employers
278Powers of entry and inspection relating to records of education providers
279Powers of immigration officer to require information and documents where offence suspected
279ATreatment of identity documents and other things
280Power of immigration officer to request information and documents where liability for deportation or turnaround suspected
281Power to require information from person liable for deportation or turnaround
281AObligation of third parties to surrender identity documents
281BPower of entry and search for identity documents
282Immigration officer’s powers to enter immigration control area
283Powers at border
284Power of entry and search of craft
285Power of entry and search at border place
286Powers of entry and search relating to deportation
287Special biometric information
288Requirement to allow collection of biometric information and special biometric information
289Application for order authorising collection of biometric information
290Judge may authorise biometric information and special biometric information to be collected
290AObtaining biometric information by compulsion
291Further applications for compulsion order
292Immigration officer may have assistance
293Police to have powers of immigration officers
293AWarrant to enter and search
294Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence
295Information matching to locate person in serious default of payment of fine
296No Crown liability to third parties for fines enforcement action
297Chief executive may supply information concerning specified fines defaulters to commercial carriers
298Information matching to verify social security benefit matters
299Information matching to recover costs of visa holder’s social security benefit from sponsor
300Information matching to determine eligibility or liability to pay for publicly funded health and disability support services
301Disclosure of immigration information to verify eligibility for publicly funded services
302Disclosure of information to enable Department to check identity, character, and status
303Disclosure of information to enable specified agencies to check identity and character
304Disclosure of information to employers
305Disclosure of information overseas
306Information that may be disclosed under section 305
307Purpose of Part
308This Part code for detention and monitoring of person if detention and monitoring under this Act
309Persons liable to arrest and detention
310Purpose for which arrest and detention powers may be exercised
311Implications of liability to arrest and detention
312Limited power of detention for up to 4 hours
313Initial period of detention for up to 96 hours without warrant
314Persons arrested and detained pending making of deportation order
315Person may instead agree to residence and reporting requirements
316Application for warrant of commitment
317Decision on application for warrant of commitment
317AApplication for mass arrival warrant
317BDecision on application for mass arrival warrant
317CVariation of mass arrival warrant
317DDistrict Court may impose reporting requirements
317EApplication for further warrant of commitment in respect of mass arrival group
318Decision on application for warrant if threat or risk to security
319Warrant of commitment
320Court may instead release person on conditions
321Special conditions where threat or risk to security
322Persons detained under warrant of commitment or released on conditions pending making of deportation order
323Decisions on warrants of commitment where detention beyond 6 months
324Review of warrant of commitment or release on conditions
324AReview of mass arrival warrant
325Consideration by High Court of application involving classified information
326Process for High Court to consider application
327Duties of detaining officers
328Additional powers relating to detention by immigration officer
329Arresting or detaining officer may seek assistance
330Approval of premises for purpose of immigration detention
331Form of custody of persons detained without warrant overnight
332Form of custody of persons detained under warrant of commitment
333Special provisions relating to custody
334Additional provisions relating to custody in approved premises
335Delivery of person into custody of immigration officer or police for purposes of deportation
336Person being deported must be returned to custody or conditions reimposed if craft not available as planned
337During epidemic District Court may deal with certain matters on basis of documents only
338Modification during epidemic of requirements to bring people before District Court Judge
339During epidemic certain warrants to have effect for 28 days
340Application of section 320 during epidemic
341Calculation of consecutive period of detention for purposes of section 323
342Provision of false or misleading information
343Aiding and abetting
344Obstruction or failing to meet requirements
345Improper dealings with immigration or identity documents
346Impersonation
347Publishing false or misleading information
348Alteration of forms
349Offences relating to carriers, and persons in charge, of craft
350Offences by employers
351Exploitation of unlawful employees and temporary workers
352Offences by education providers
353Offences in relation to Tribunal
354Failure to maintain confidentiality in relation to refugee or protection matters
355Penalties: general
356Penalties: carriers, and persons in charge, of craft
357Penalties: employers
358Penalties: education providers
359Infringement offences
360Proceedings for infringement offences
361Immigration officer may require information
362Infringement notices
363Reminder notices
364Infringement fees
365Revocation of infringement notices
365AService of notices
366Evidence in proceedings: certificates in relation to persons
367Evidence in proceedings: certificates as to forms, documents, etc
368Evidence in respect of matters occurring and documents executed outside New Zealand
369Presumption that certificates duly authorised
370Procedural provisions relating to offences
371Presumption of authority
372Time for filing charging document
373Immigration status of persons born in New Zealand on or after 1 January 2006
374Immigration status of persons whose status depends on immigration status of parent
375Minors to have responsible adult to represent their interests
376Role and rights of responsible adult
377Views of minor to be considered
378Special directions
379Immigration officer to act in accordance with special direction
380Delegation of Minister’s powers
381Chief executive may approve forms
382Chief executive to designate immigration control areas
383Chief executive may designate places outside New Zealand where entry permission may be granted
384Endorsement in foreign passport
385Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc
386Serving and giving notices, etc, to Minister and officers
386AServing and giving notices, etc, to other people
387Address for service
387AContact address
387BDepartures from sections 386A to 387A
388Designation of immigration officers
389Immigration officers’ functions and powers
390Designation of refugee and protection officers
391Revocation or lapsing of designations
392Relationship between this Act and Human Rights Act 1993
393Fees and how they may be prescribed for purposes of section 400
394Other charges
395Exemptions and refunds
396Imposition of bonds
397Refund or forfeiture of bond
398Costs of deportation or repatriation
399Migrant levy
400Regulations generally
401Regulations relating to visas and expressions of interest
402Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand
403Regulations in respect of refugee and protection matters
403ARegulations made on recommendation of Minister
404Immigration Act 1987 repealed
405Regulations made under Immigration Act 1987 revoked
406Consequential amendments and repeals
407Immigration Act 1987 continues in relation to certain matters and for certain purposes
408Appeals body members not entitled to compensation
409Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions
410Government 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
411General instructions given under section 13BA of former Act treated as general instructions under section 26(4) of this Act
412Existing applications for visas and permits
413Expressions of interest in residence under section 13D of former Act
414Invitations to apply for residence under section 13E of former Act
415Holder of visa or permit under former Act deemed to be holder of visa and (if applicable) granted entry permission under this Act
416Returning resident’s visa held by New Zealand citizen under former Act indication of entitlement
417Persons exempt from holding permit under former Act deemed to be holders of temporary visa or resident visa
418Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand
419Decision by chief executive about person boarding craft for purpose of travelling to New Zealand
420Information requirements for carrier, and person in charge, of commercial craft
421Reporting obligations of carriers, and persons in charge, of craft leaving New Zealand
422Obligations of carriers of craft leaving New Zealand to provide passage
423Responsibilities of carrier, and person in charge, of craft en route to New Zealand
424Person recognised as refugee under former Act treated as recognised as refugee under this Act
425Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration)
426Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration
427Acts 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
428Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act
429Persons subject to section 129U of former Act
430Person subject to section 128 or 128B of former Act
431Deportation liability of residence class visa holder convicted of criminal offence
432Revocation of permits, removal orders, and deportation orders
433Permit granted prior to commencement of section 404 as result of administrative error
434Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act
435Person released on conditions under former Act
436Person subject to residence and reporting requirements under former Act
437No deportation liability if deportation prohibited under former Act
438Person subject to Part 4A of former Act
439Certain persons deemed liable for arrest and detention under Part 9
440Detention of person liable for turnaround
441Detention of person beyond 6 months
442Detention under former Act without warrant
443Detention under former Act with warrant
444Reconsiderations not determined before former Act repealed
445Persons eligible for reconsideration before former Act repealed
446Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed
447Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed
448Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed
449Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed
450Appeals not determined by court before former Act repealed
451Persons eligible to appeal to court before former Act repealed
452Appeals against, or review proceedings in respect of, Tribunal decisions under this subpart to be made under Part 7
453No new appeal rights created
454Arrangements under former Act for disclosure of immigration information
455Offences
456Offences by employers
457Evidence in proceedings
458Classified information
459Children to have responsible adult to represent their interests
460Special directions
461Delegation of powers of Minister
462Immigration officers
463Immigration officers who may make and cancel removal orders under former Act
464Acts or things done by immigration officer under former Act not required to be repeated
465Exercise of certain powers by customs officers
466Exercise of certain powers by Police
467Refugee status officers
468Forms
469Bonds imposed under former Act
470Sponsorship under former Act
471Files of appeals bodies
472Transitional regulations
473Transitional immigration instructions
474Exercise of certain powers and functions before commencement of certain provisions of this Act
475Principal Act amended
476Cancellation of removal order
477New section 141ABA inserted
141ABADisclosure of information to employers
478Interpretation
Reprint notes