4 Interpretation

In this Act, unless the context otherwise requires,—

absolute discretion has the meaning given to it in section 11

address for service has the meaning given to it by section 387

administrative error, in relation to the granting of a visa or entry permission, has the meaning given to it in section 8

airport has the meaning given to it in section 2 of the Airport Authorities Act 1966

appeal on humanitarian grounds means an appeal to the Tribunal against liability for deportation on the grounds set out in section 207

appeal on the facts means an appeal against liability for deportation on a ground set out in section 202

appeals body means 1 or more of the following bodies established or continued under the former Act, as the case may be:

(a)

the Residence Review Board:

(b)

the Removal Review Authority:

(c)

the Refugee Status Appeals Authority:

(d)

the Deportation Review Tribunal

approved system means a system, including an electronic system, approved by the chief executive for the purpose of—

(a)

providing information to the chief executive under section 96; or

(b)

notifying a person to whom section 96 applies of a decision of the chief executive under section 97

arrival hall means a place licensed under section 12 of the Customs and Excise Act 1996 for the processing of persons arriving in New Zealand

biometric information, in relation to a person, means information that comprises—

(a)

1 or more of the following kinds of personal information:

(i)

a photograph of all or any part of the person’s head and shoulders:

(ii)

impressions of the person’s fingerprints:

(iii)

a scan of the person’s irises; and

(b)

a record, whether physical or electronic, of the personal information that is capable of being used for biometric matching

border requirement means a requirement, responsibility, or obligation under any of sections 103 to 106, 119, and 120

carrier, in relation to a craft,—

(a)

means the owner or charterer of the craft; and

(b)

if the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer; and

(c)

if there is no agent in New Zealand, includes the person in charge of the craft

certificate of identity

(a)

means a document (other than a passport) issued by the government of any country to any person for the purposes of facilitating that person’s entry into or exit from any country, being a document that—

(i)

purports to establish the identity but not the nationality of that person; and

(ii)

confers on that person a right to enter the country whose government has issued the document; and

(b)

includes—

(i)

any emergency travel document or refugee travel document issued under the Passports Act 1992; and

(ii)

any travel document issued by any international organisation for the time being specified by the Minister for the purpose of this definition

chief executive means—

(a)

the chief executive of the Department:

(b)

when used in relation to a relevant agency, the chief executive of that agency (including, where appropriate, the Commissioner of Police, the Director of Security, the Chief of Defence Force, the General Manager of the Aviation Security Service, and the Director of the Government Communications Security Bureau)

claim means a claim by a person in New Zealand for recognition, as the case may be, as—

(a)

a refugee in New Zealand under the Refugee Convention:

(b)

a protected person in New Zealand under the Convention Against Torture:

(c)

a protected person in New Zealand under the Covenant on Civil and Political Rights

claimant

(a)

means a person who has made a claim; but

(b)

does not include a person whose claim has been finally determined (within the meaning of section 128)

classified information has the meaning given to it by section 7(1)

commercial craft means a craft that travels for a commercial purpose or as part of a commercial operation

compulsion order means an order made by a District Court Judge under section 290(1) requiring a person to allow the collection of specified biometric information from him or her

compulsory education means education that is—

(a)

provided at any primary, intermediate, composite, secondary, or special school (within the meaning of the Education Act 1989), whether state, private, or integrated, or at a partnership school kura hourua (within the meaning of section 2(1) of that Act); and

(b)

provided to a person at any time during the period beginning on the person’s fifth birthday and ending on 1 January following the person’s 19th birthday

conditions include conditions precedent as well as conditions subsequent (whether imposed by an immigration officer, the Minister, or the Tribunal)

contact address has the meaning given to it by section 387A

Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984

counsel assisting the court means a person appointed as counsel assisting the court under section 269

course of study

(a)

means—

(i)

any course of tuition or instruction for people entitled to free enrolment and education under section 3 of the Education Act 1989, conducted by any primary, intermediate, composite, secondary, or special school, whether state, private, or integrated, or by a partnership school kura hourua (within the meaning of section 2(1) of that Act); and

(ii)

any other course of tuition or instruction conducted by any school, college, institute, university, or other body or person, and leading to any educational or vocational qualification the attainment of which by any person would be likely to enhance the employment prospects of that person, either generally or in respect of any particular profession or occupation; and

(iii)

in relation to any particular person, any other course of tuition or instruction if the undertaking of that course is the principal reason why that person wishes to be or is in New Zealand; but

(b)

does not include any course of tuition or instruction excluded, or excluded for a particular purpose, from this definition by immigration instructions

Covenant on Civil and Political Rights means the International Covenant on Civil and Political Rights done at New York on 16 December 1966

craft means any form of aircraft, ship, or other vehicle or vessel capable of being or intended to be used to transport any person to or from New Zealand from or to any country outside New Zealand

crew, in relation to a craft,—

(a)

means every person employed or engaged in working or providing a service in or on the craft; and

(b)

includes the person in charge of the craft

customs officer has the meaning given to it by section 2(1) of the Customs and Excise Act 1996

Department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

departure hall means a place licensed under section 12 of the Customs and Excise Act 1996 for the processing of persons departing from New Zealand

dependent child, in relation to any person, means a child under 18 years of age who is not married or in a civil union and who is dependent on that person, whether or not the child is a child of that person

deportation liability notice means a notice that states the matters referred to in section 171, and, for the purposes of serving a notice, includes a copy of the notice

deportation order

(a)

means an order containing the information described in section 176 that, when served on a person in accordance with section 175, authorises the person’s deportation to be executed; and

(ab)

for the purposes of serving or executing an order described in paragraph (a), includes a copy of the order; and

(b)

includes an Order in Council made under section 163

designated agency means the agency designated by the Prime Minister under section 264(1) for the purpose of recognising lawyers as special advocates

disembarkation means the process of physically leaving a craft, whether onto land or otherwise

education provider means a provider of a course of study, and—

(a)

in relation to any institution controlled by a board of trustees constituted under Part 9 of the Education Act 1989, means that board:

(b)

in relation to any institution controlled by the chief executive of the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Education Act 1989, means that chief executive:

(c)

in relation to any university, means the appropriate university council:

(d)

in any other case, means the institution, body, or person that or who is entitled to the fees payable by or on behalf of the persons undertaking the course, or that or who would be so entitled if any such fees were payable

employee means a person who does work for an employer (whether under a contract of service or a contract for services)

employer means a person who employs or engages a person to do work, whether under a contract of service or a contract for services

entry permission is the permission that the following persons are required to obtain before being allowed to enter New Zealand:

(a)

a person who is not a New Zealand citizen:

(b)

a New Zealand citizen who is a national of 1 or more other countries and who wishes to enter New Zealand other than as a New Zealand citizen

epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice

excluded person means a person to whom section 15 or 16 applies

exclusive economic zone of New Zealand has the same meaning as in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

execute, in relation to a deportation order, has the meaning described in section 178(2)

former Act means the Immigration Act 1987

government agency

(a)

means—

(i)

a government department named in Schedule 1 of the State Sector Act 1988; or

(ii)

a Crown entity (within the meaning of section 7(1) of the Crown Entities Act 2004); and

(b)

includes the New Zealand Police, the New Zealand Security Intelligence Service, and the Government Communications Security Bureau

grant, in relation to any visa, or entry permission, includes the situation where this Act or any regulations made under this Act deems a grant of the relevant visa, or entry permission, to occur

holder, in relation to a visa granted under this Act,—

(a)

means the person in respect of whom the visa is granted; but

(b)

does not include a person whose visa has expired or been cancelled

immigration control area means an area or place designated as such under section 382

immigration instructions

(a)

means immigration instructions certified under section 22; and

(b)

includes residence instructions, temporary entry instructions, and transit instructions

immigration officer means an immigration officer designated under section 388, and includes the chief executive

immigration status means the status of a person under this Act, being whether the person—

(a)

holds a visa and, if so, what class and type of visa the person holds, and any conditions of the visa; or

(b)

is—

(i)

lawfully in New Zealand and, if so, what class and type of visa the person holds, and any conditions of the visa; or

(ii)

unlawfully in New Zealand (within the meaning of section 9)

imprisonment means any form of detention or custody whereby a person is deprived of liberty for a continuous period, including home detention, detention or custody in a psychiatric institution or hospital, and military custody; but does not include detention or custody under this Act

infringement fee, in relation to an infringement offence, means the fee set in respect of that offence by regulations made under section 400

infringement offence has the meaning given to it by section 359

invitation to apply means an invitation to apply for a visa, as described in section 94

leave New Zealand means, except in the circumstances specified in section 121, leave New Zealand for a destination in another country

mass arrival group has the meaning given to it by section 9A

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

New Zealand means any land territory within the territorial limits of New Zealand; and includes—

(a)

the internal waters of New Zealand (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977); and

(b)

the Ross Dependency (including any ice shelf); and

(c)

for the purposes of sections 21(a), 22(1)(c)(ii), 73(d), 74(1)(b)(ii), 77(4)(a), 277, 277A, and 382(1), the territorial sea of New Zealand; and

(d)

for the purposes of section 283(2)(a), the area of sea adjacent to New Zealand and bounded by the outer limits of the contiguous zone of New Zealand (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977)

New Zealand citizen means a person who has New Zealand citizenship as provided in the Citizenship Act 1977 or the Citizenship (Western Samoa) Act 1982

onshore, in relation to an applicant for a visa, means that the applicant is in New Zealand other than in an immigration control area

operator

(a)

in relation to a port, means—

(i)

the owner of the port; or

(ii)

if the owner is not responsible for the operation or management of the port, the manager of the port or any other person who is, for the time being, responsible for the operation or management of the port:

(b)

in relation to an airport,—

(i)

means a local authority for the time being authorised under section 3 of the Airport Authorities Act 1966 to operate or manage the airport; and

(ii)

includes any person or association of persons or airport company authorised under section 3(3) of the Airport Authorities Act 1966 to exercise the powers or functions of a local authority under that section

passenger, in relation to a craft, means a person, other than a member of the crew, who is carried in or on the craft with the consent of the carrier, or the person in charge, of the craft

passport means a document that is issued by or on behalf of the government of any country and that is recognised by the Government of New Zealand as a passport, being a document that—

(a)

purports to establish the identity and nationality of the holder; and

(b)

confers on the holder the right to enter the country the government of which has issued the document; and

(c)

has not expired

permanent resident means the holder of a permanent resident visa

person in charge, in relation to a craft, means the master, captain, pilot in command, driver, or other person for the time being responsible for the craft

personal service, in relation to any document or notice served or to be served on a person, means personal delivery of the document or notice to that person or, where the person refuses to accept the document or notice, the bringing of the document or notice to that person’s attention

port

(a)

means any defined area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and

(b)

includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the port or its administration

prescribed means prescribed by regulations made under this Act

proceedings involving classified information has the meaning given to it in section 7(4)

protected person means a person recognised as a protected person in New Zealand under section 130 or 131

refugee means a person recognised as a refugee in New Zealand under section 126 or 129

refugee and protection officer means a person designated under section 390 as a refugee and protection officer

Refugee Convention

(a)

means the United Nations Convention Relating to the Status of Refugees, done at Geneva on 28 July 1951; and

(b)

includes the Protocol Relating to the Status of Refugees done at New York on 31 January 1967

registered post includes any postal or courier service where delivery to the address is recorded

relevant agency, in relation to any classified information, means any of the following agencies that hold, were the source of, or were provided with, that classified information:

(a)

Aviation Security Service:

(b)

Civil Aviation Authority of New Zealand:

(c)

Department of Corrections:

(d)

Department of Internal Affairs:

(e)

Department of Labour:

(f)

Government Communications Security Bureau:

(g)

Maritime New Zealand:

(h)

Ministry of Agriculture and Forestry:

(i)

Ministry of Fisheries:

(j)

Ministry of Foreign Affairs and Trade:

(k)

New Zealand Customs Service:

(l)

New Zealand Defence Force:

(m)

New Zealand Police:

(n)

New Zealand Security Intelligence Service:

(o)

a government agency established in substitution for or set up to take over any function of a department or agency listed in paragraphs (a) to (n)

residence class visa means a permanent resident visa or a resident visa

residence instructions means immigration instructions certified under section 22 that relate to the grant of residence class visas

resident means the holder of a resident visa

responsible adult means the adult designated or nominated under section 375

restricted temporary entry instructions means temporary entry instructions that require, in relation to the type of visa to which the instructions relate, that any decision made on an application for that type of visa, or on an application for entry permission in relation to that type of visa, must be made in terms of the temporary entry instructions applicable at the time the application for the visa was made, and any discretion exercised must be in terms of those instructions

review proceedings means proceedings—

(a)

by way of an application for review under the Judicial Review Procedure Act 2016; or

(b)

by way of an application for certiorari, mandamus, or prohibition; or

(c)

by way of an application for a declaratory judgment

security

(a)

means—

(i)

the defence of New Zealand:

(ii)

the protection of New Zealand from acts of espionage, sabotage, and subversion, whether or not they are directed from or intended to be committed in New Zealand:

(iii)

the identification of foreign capabilities, intentions, or activities in or relating to New Zealand that affect adversely New Zealand’s international well-being, reputation, or economic well-being:

(iv)

the protection of New Zealand from activities in or relating to New Zealand that—

(A)

are influenced by any foreign organisation or any foreign person; and

(B)

are clandestine or deceptive, or threaten the safety of any person; and

(C)

affect adversely New Zealand’s international well-being, reputation, or economic well-being:

(v)

the prevention of any terrorist act and of any activity relating to the carrying out or facilitating of any terrorist act:

(vi)

the prevention, investigation, and detection of organised crime, including transnational organised crime; and

(b)

in an international security context, also includes the safety and stability of the international community, through co-operative measures such as international conventions and other arrangements or agreements between countries

special adviser means a person appointed as a special adviser under section 270

special advocate means a lawyer recognised as a special advocate under section 264

special direction means a direction given by the Minister in accordance with section 378

stowaway means a person who is carried in or on a craft without the consent of the carrier, or the person in charge, of the craft

study means undertake a course of study

subsequent claim means a claim (of whatever kind) under Part 5 by a person who has previously made a claim of any kind under that Part (or under Part 6A of the former Act) that has been finally determined (within the meaning of section 128 of this Act or section 129B of the former Act, as the case may be)

temporary entry class visa means a temporary visa, a limited visa, or an interim visa

temporary entry instructions

(a)

means immigration instructions that relate to the grant of temporary entry class visas; and

(b)

includes restricted temporary entry instructions

territorial sea of New Zealand has the same meaning as in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

transit instructions means immigration instructions that relate to the grant of transit visas

transit passenger means a person who arrives in New Zealand from another country while in transit to another overseas destination, not intending to enter or remain in New Zealand

transit period means the period prescribed in accordance with section 401(d) for the purpose of section 86A

travelling to New Zealand includes, but is not limited to, travelling to New Zealand from another country in transit to another destination outside New Zealand

Tribunal means the Immigration and Protection Tribunal established by section 217

turnaround means to effect, under section 178(2), the departure from New Zealand of a person to whom section 115 applies, as if the person were a person who had been served with a deportation order

unlawfully in New Zealand, in relation to a person, has the meaning given to it in section 9

visa

(a)

means an entry in the records of the Department—

(i)

made in accordance with section 62; and

(ii)

having the effect set out in section 43; and

(b)

includes—

(i)

any visa of a class specified in section 70; and

(ii)

any visa deemed to be, or treated as being, held under this Act

visa waiver means a waiver under section 69 of the requirement to hold a visa permitting travel to New Zealand

warrant of commitment

(a)

means a warrant of commitment issued under section 317, 318, or 323; and

(b)

includes—

(i)

a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and

(ii)

a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group)

work

(a)

means any activity undertaken for gain or reward; but

(b)

does not include an activity excluded, or excluded for a particular purpose, from this definition by immigration instructions.

Section 4 address for service: inserted, on 7 May 2015, by section 4(8) of the Immigration Amendment Act 2015 (2015 No 48).

Section 4 biometric information: replaced, on 22 August 2017, by section 30 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).

Section 4 chief executive paragraph (b): amended, on 7 May 2015, by section 4(1) of the Immigration Amendment Act 2015 (2015 No 48).

Section 4 compulsory education paragraph (a): amended, on 13 June 2013, by section 45(2) of the Education Amendment Act 2013 (2013 No 34).

Section 4 contact address: inserted, on 7 May 2015, by section 4(8) of the Immigration Amendment Act 2015 (2015 No 48).

Section 4 course of study paragraph (a)(i): amended, on 13 June 2013, by section 45(3) of the Education Amendment Act 2013 (2013 No 34).

Section 4 deportation liability notice: amended, on 7 May 2015, by section 4(2) of the Immigration Amendment Act 2015 (2015 No 48).

Section 4 deportation order paragraph (ab): inserted, on 7 May 2015, by section 4(3) of the Immigration Amendment Act 2015 (2015 No 48).

Section 4 mass arrival group: inserted, on 19 June 2013, by section 4(1) of the Immigration Amendment Act 2013 (2013 No 39).

Section 4 New Zealand paragraph (c): amended, on 7 May 2015, by section 4(4) of the Immigration Amendment Act 2015 (2015 No 48).

Section 4 New Zealand address: repealed, on 7 May 2015, by section 4(7) of the Immigration Amendment Act 2015 (2015 No 48).

Section 4 review proceedings paragraph (a): amended, on 1 March 2017, by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).

Section 4 transit passenger: inserted, on 6 November 2015, by section 4(5) of the Immigration Amendment Act 2015 (2015 No 48).

Section 4 transit period: replaced, on 6 November 2015, by section 4(6) of the Immigration Amendment Act 2015 (2015 No 48).

Section 4 warrant of commitment: replaced, on 19 June 2013, by section 4(2) of the Immigration Amendment Act 2013 (2013 No 39).