Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019

1 Title

This Act is the Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019.

2 Commencement

This Act comes into force on 1 July 2019.

3 Principal Act

This Act amends the Immigration Act 2009 (the principal Act).

Part 1 Amendments to preliminary provisions

4 Section 3 amended (Purpose)

After section 3(2)(g), insert:

(h)

enables a levy to be charged to fund, or contribute to the funding of, costs associated with conservation or tourism.

5 Section 4 amended (Interpretation)

(1)

In section 4, insert in their appropriate alphabetical order:

conservation has the meaning given to it in section 2(1) of the Conservation Act 1987

international visitor conservation and tourism levy means a levy imposed by regulations under section 400 for the purposes of section 399A

(2)

In section 4, definition of Minister,—

(a)

after Minister, insert “, in relation to a provision of, or made under, this Act (or to such a provision for particular purposes),”:

(b)

replace “of this Act” with “of the provision (or for its administration for those purposes)”.

Part 2 Main amendments

6 Section 28 amended (Automated decision making in relation to visas, etc)

After section 28(5), insert:

(6)

An automated electronic system may be used by the Department to process, accept, or refuse a request by a person seeking to rely on a visa waiver.

(7)

Where a decision to accept or refuse a request is made under subsection (6) 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.

7 New sections 399A and 399B inserted

After section 399, insert:

399A International visitor conservation and tourism levy

(1)

Regulations made under section 400 may provide for the imposition and collection of an international visitor conservation and tourism levy on—

(a)

applicants for a temporary entry class visa:

(b)

persons seeking to rely on a waiver under section 69 of the requirement to hold a temporary entry class visa permitting travel to New Zealand.

(2)

The purpose of the levy is to fund, or contribute to the funding of,—

(a)

conservation:

(b)

infrastructure used for tourism (including the cost of operating the infrastructure):

(c)

other initiatives related to tourism.

(3)

Regulations made for the purposes of this section may—

(a)

specify the categories or classes of person who are liable to pay the levy:

(b)

prescribe the amount or method of calculation of the levy:

(c)

prescribe different amounts or methods of calculation of the levy in respect of different categories or classes of person:

(d)

provide for exemptions from, or refunds of, all or part of the levy in any class of case:

(e)

provide for the manner of collection of the levy, including provision for the relevant amount of levy to be deposited with the chief executive.

(4)

The Minister may, by special direction,—

(a)

exempt any person or persons from the obligation to pay all or part of the levy; or

(b)

refund all or part of a levy paid.

(5)

All levy money collected under this section must be paid into a Crown Bank Account.

399B International visitor conservation and tourism levy: consultation and review

(1)

Before recommending the making of regulations for the purposes of section 399A, the Minister must consult any persons and organisations that the Minister considers appropriate.

(2)

However, the requirement to consult persons and organisations does not apply to the first regulations made for those purposes.

(3)

At intervals of no more than 5 years following the commencement of section 399A, the Department must review the amount or method of calculation of any international visitor conservation and tourism levy.

Legislative history

30 May 2019

Introduction (Bill 152–1), first reading, second reading, committee of the whole House, third reading

5 June 2019

Royal assent

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