Immigration Amendment Act 2015

Reprint as at 7 December 2015

Coat of Arms of New Zealand

Immigration Amendment Act 2015

Public Act
 
2015 No 48
Date of assent
 
6 May 2015
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
3Principal Act
4Section 4 amended (Interpretation)
5Section 5 amended (Notifications)
6Section 8 amended (Meaning of granting visa or entry permission as result of administrative error)
7Section 9 amended (Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen))
8Section 10 amended (Meaning of deported)
9Section 11 amended (Meaning of absolute discretion of the decision maker)
10Section 15 amended (Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand)
11Section 19 amended (Duty of chief executive to communicate obligation to leave New Zealand)
12Section 22 amended (Immigration instructions)
13New section 29A inserted (Use of automated system to confirm New Zealand citizenship)
29AUse of automated system to confirm New Zealand citizenship
14Section 49 amended (Visas may be subject to conditions)
15Section 55 amended (Condition that visa holder have sponsor)
16Section 56 amended (Visa holder must comply with conditions)
17Section 57 amended (Applications for visas)
18Section 58 amended (Obligation on applicant to inform of all relevant facts, including changed circumstances)
19Section 61 amended (Grant of visa in special case)
20Section 64 amended (Cancellation of visa on triggering event)
21Section 65 amended (Cancellation of resident visa before holder first arrives in New Zealand as holder of visa)
22Section 86 amended (Who must obtain transit visa)
23New section 86A inserted (Obligation of transit passenger)
86AObligation of transit passenger
24Section 88 replaced (Currency and nature of transit visa)
88Currency of transit visa
25Section 91 replaced (Expiry of transit period)
91Expiry of transit period
26Section 92 amended (Expressions of interest)
27Section 93 amended (Obligation to inform of all relevant facts, including changed circumstances)
28Section 102 replaced (Obligations of carriers, and persons in charge, of craft to provide information)
102Obligations of carriers, and persons in charge, of craft to provide information
29Section 103 amended (Obligations on persons arriving in New Zealand)
30Section 109 amended (Decisions on entry permission in relation to temporary entry class visa holders)
31New section 109A inserted (Form of entry permission)
109AForm of entry permission
32Section 110 amended (Applicant for entry permission to provide address)
33Section 111 replaced (Applicant for entry permission to allow collection of biometric information)
111Collection of biometric information
34Section 112 amended (Obligation to inform of all relevant facts, including changed circumstances)
35Section 115 amended (Arrest, detention, and turnaround of persons)
36Section 118 amended (Obligations of carriers, and persons in charge, of craft)
37Section 133 amended (How claim made)
38Section 149 amended (Powers of refugee and protection officers)
39Section 154 amended (Deportation liability if person unlawfully in New Zealand)
40Section 155 amended (Deportation liability if person’s visa granted in error)
41Section 157 amended (Deportation liability of temporary entry class visa holder for cause)
42Section 158 amended (Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc)
43Section 161 amended (Deportation liability of residence class visa holder convicted of criminal offence)
44Section 169 amended (Effect of being liable for deportation)
45Section 170 amended (Deportation liability notice)
46Section 171 amended (Contents of deportation liability notice)
47Section 172 amended (Minister may cancel or suspend liability for deportation)
48Section 175 replaced (When deportation order may be served)
175Service of deportation order
175ATime when deportation order may be served
49Section 176 amended (Content of deportation order)
50Section 177 amended (Deportation order may be cancelled)
51Section 179 amended (Deported person may not enter New Zealand during period of prohibition on entry)
52Section 187 amended (Rights of appeal in relation to decisions concerning residence class visas)
53Section 194 amended (Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims))
54Section 196 amended (Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement)
55Section 197 amended (Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee)
56Section 198 amended (Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition)
57Section 202 amended (Grounds for determining appeal on facts)
58Section 206 amended (Who may appeal to Tribunal on humanitarian grounds)
59New section 224A inserted (Annual report on performance of Tribunal’s functions)
224AAnnual report on performance of Tribunal’s functions
60Section 225 amended (How appeal or matter lodged)
61Section 245 amended (Appeal to High Court on point of law by leave)
62Section 247 amended (Special provisions relating to judicial review)
63Section 249 replaced (Restriction on review)
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
64Amendment to Immigration (Carriers’ Information Obligations) Regulations 2010
65Section 277 amended (Powers of entry and inspection relating to records of employers)
66New sections 277A to 277C inserted
277APowers of entry and search for employees on employers’ premises
277BDepartment must review and report on entry and search powers under section 277A
277CDepartmental annual report to record exercise of entry and search powers under section 277A
67New section 279A inserted (Treatment of identity documents and other things)
279ATreatment of identity documents and other things
68Section 280 amended (Power of immigration officer to request information and documents where liability for deportation or turnaround suspected)
69Section 281 replaced (Powers on deportation or turnaround)
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
70Section 285 amended (Power of entry and search at border place)
71New section 285A inserted (Search of persons)
285ASearch of persons
72Section 286 amended (Powers of entry and search relating to deportation)
73Sections 287 to 290 replaced
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
74Section 293 amended (Police to have powers of immigration officers)
75Section 293A replaced (Immigration officer may apply for search warrant)
293AWarrant to enter and search
76Section 298 amended (Information matching to verify social security benefit matters)
77Section 317 amended (Decision on application for warrant of commitment)
78Section 328 amended (Additional powers relating to detention by immigration officer)
79Section 329 amended (Arresting or detaining officer may seek assistance)
80Section 331 amended (Form of custody of persons detained without warrant overnight)
81Section 332 amended (Form of custody of persons detained under warrant of commitment)
82Section 339 amended (During epidemic certain warrants and extensions to have effect for 28 days)
83Section 343 amended (Aiding and abetting)
84Section 344 amended (Obstruction or failing to meet requirements)
85Section 349 amended (Offences relating to carriers, and persons in charge, of craft)
86Section 351 amended (Exploitation of persons not legally entitled to work)
87Section 355 amended (Penalties: general)
88Section 357 amended (Penalties: employers)
89Section 361 amended (Immigration officer may require information)
90Section 362 amended (Infringement notices)
91Section 365 amended (Revocation of infringement notices)
92New section 365A inserted (Service of notices)
365AService of notices
93Section 366 amended (Evidence in proceedings: certificates in relation to persons)
94Section 381 amended (Chief executive may approve forms)
95Section 386 amended (Giving notice, service of notice, etc)
96New section 386A inserted (Serving and giving notices, etc, to other people)
386AServing and giving notices, etc, to other people
97Section 387 replaced (New Zealand address)
387Address for service
387AContact address
387BDepartures from sections 386A to 387A
98Section 388 amended (Designation of immigration officers)
99Section 393 amended (Fees and how they may be prescribed for purposes of section 400)
100Section 394 amended (Other charges)
101Section 398 amended (Costs of deportation or repatriation)
102Section 399 amended (Migrant levy)
103Section 400 amended (Regulations generally)
104Section 401 amended (Regulations relating to visas and expressions of interest)
105Section 402 amended (Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand)
106Section 403 amended (Regulations in respect of refugee and protection matters)
107New section 403A inserted (Regulations made on recommendation of Minister)
403ARegulations made on recommendation of Minister
108Section 463 amended (Immigration officers who may make and cancel removal orders under former Act)
109Amendments to Immigration (Carriers’ Infringement Offences, Fees, and Forms) Regulations 2012
110Amendments to Immigration (Certificate, Warrant, and Other Forms) Regulations 2010
111New regulation 5A inserted (Certificate requiring surrender of documents held by third party)
5ACertificate requiring surrender of documents held by third party
112New form 2A inserted in Schedule
113Amendment to Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010
114Amendment to Search and Surveillance Act 2012
Reprint notes

The Parliament of New Zealand enacts as follows: