1 Title

2 Commencement

3 Purpose

4 Interpretation

4A Notifications

4A Notifications

4B How periods of time to be calculated

5 Meaning of classified information and proceedings involving classified information

5A Meaning of granting visa or entry permission as result of administrative error

5B Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen)

5C Meaning of deported

5D Meaning of absolute discretion of the decision maker

6 Act binds the Crown

7 New Zealand citizens may enter and be in New Zealand at any time

8 Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand

9 Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand

10 Certain other persons not eligible for visa or entry permission

11 Exceptions to non-eligibility for visa or entry permission

12 Obligation of persons unlawfully in New Zealand to leave New Zealand

13 Duty of chief executive to communicate obligation to leave New Zealand

14 No right for person unlawfully in New Zealand to apply for visa

14A No right for person unlawfully in New Zealand to work or study

20 Immigration instructions

21 Immigration instructions classified as residence instructions, temporary entry instructions, or transit instructions

23 Immigration instructions for lapsing of applications for visas

23A Publication of immigration instructions

24 How claims and applications for visas and entry permission processed

25 Reasons for decisions must be given if visa or entry permission refused to certain persons

27 Automated decision making in relation to visas, etc

28 Automated decision making in advance passenger processing

29 Use of biometric information in decision making

29A Collection and storage of biometric information

29B Department to undertake privacy impact assessment

30 Classified information relating to security or criminal conduct may be relied on in decision making

31 Minister may receive briefing

32 Protection of classified information

32A Classified information must be balanced

33 Withdrawal or updating of classified information

34 Summary of allegations to be developed

35 Reasons, etc, to be given where prejudicial decision made using classified information

36 Where classified information may be relied on without requirement for summary or reasons

36A Declassification of classified information

36B No right of complaint to Inspector-General of Intelligence and Security

36B No right of complaint to Inspector-General of Intelligence and Security

37 Effect of visa

37AA Person may hold only 1 current visa

37A Grant of visa generally matter of discretion

37B Grant of visa does not guarantee entry permission

37C Grant of visa may be conditional on payment of bond

37D Grant of visa may be conditional on sponsorship

38 Visas may be subject to conditions

40 Conditions on resident visas

41 Resident visa holder may apply for variation of travel conditions

41A Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions)

41B Conditions on temporary entry class visas subject to restricted temporary entry instructions

41C Conditions on transit visas

41D Condition that visa holder have sponsor

44 Visa holder must comply with conditions

45 Visa may be conditional on payment of bond

46 Visa applicant may be required to have sponsor

47 Applications for visas

48 Obligation on applicant to inform of all relevant facts, including changed circumstances

49 Applications by minors

50 Biometric information may be required from visa applicant

52 Grant of visa in special case

53 Form of visa

53A Expiry of visa

53A Expiry of visa

54 Cancellation of visa on triggering event

55AA Cancellation of resident visa before holder first arrives in New Zealand as holder of visa

55 Cancellation of temporary entry class or transit visa by Minister or immigration officer

55A Cancellation of visa for administrative error

56 Grant of further visa where visa granted in error

57 Waiver of requirement for visa permitting travel to New Zealand in certain cases

58 Classes of visa

59 Who may apply for residence class visa

60 Decisions on applications for residence class visa

61 Currency and nature of permanent resident visa

62 Currency and nature of resident visa

63 Former New Zealand citizens deemed to hold resident visa

64 Decisions on applications for temporary entry class visa

65 Currency and nature of temporary entry class visa

66 Deemed extension of temporary entry class visa expiring during epidemic

68 Who may apply for temporary visa

69 Interim visa

70 Who may apply for limited visa

71 Grant of limited visa rather than temporary visa applied for or held

72 Grant of limited visa in relation to criminal matters

73 Currency of limited visa

74 Limitations and conditions on holders of limited visa

75 Who must obtain transit visa

75A Decisions on applications for transit visa

75A Transit visa may be granted as exception to immigration instructions

76 Currency and nature of transit visa

77 Limitations on holders of transit visa

78 Cancellation of transit visa

79 Expiry of transit period

80 Expressions of interest

81 Obligation to inform of all relevant facts, including changed circumstances

82 Invitation to apply for visa

83 Issue of invitation to apply for visa matter of discretion

86 Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand

87 Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand

87A Grant of entry permission outside New Zealand

87B New Zealand citizen may confirm citizenship before arrival in New Zealand

88 Collection of biometric information from proposed arrivals

89 Obligations in relation to craft en route to or arriving in New Zealand

90 Obligations of carriers, and persons in charge, of craft to provide information

91 Obligations on persons arriving in New Zealand

92 New Zealand citizens arriving in New Zealand to be photographed

93 Responsibilities of internationally ticketed passengers travelling by air within New Zealand

94 Responsibilities of domestic passengers travelling by air within New Zealand

95 Effect of entry permission or refusal of entry permission

96 Decisions on entry permission in relation to residence class visa holders

96A Decisions on entry permission in relation to temporary entry class visa holders

97 Applicant for entry permission to provide address

98 Applicant for entry permission to allow collection of biometric information

102 Obligation to inform of all relevant facts, including changed circumstances

103 Revocation of entry permission for administrative error

104 Person failing to present and apply for entry permission

105 Arrest, detention, and turnaround of persons

106 When section 105 ceases to apply to person

108 When turnaround ceases to apply to person remanded in custody or imprisoned

109 Obligations of carriers, and persons in charge, of craft

110 Obligations of persons leaving New Zealand

110A Persons other than New Zealand citizens leaving New Zealand to allow biometric information to be collected

111AA Persons deemed not to leave New Zealand in certain circumstances

111 Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control

112 Protection for carriers, and persons in charge, of craft

113 Purpose of Part

115 Refugee or protection status to be determined under this Act

116 Recognition of refugees selected outside New Zealand

117 Context for decision making

117A Matter not finally determined until expiry of appeal period or when appeal determined

119 Recognition as refugee

120 Recognition as protected person under Convention Against Torture

121 Recognition as protected person under Covenant on Civil and Political Rights

123 Claims not to be accepted from certain persons

124 How claim made

125 Whether to accept claim for consideration

126 Claimant responsible for establishing claim

126A How refugee and protection officer to determine claim

127 Matters to be determined by refugee and protection officer

128 Decision on claim

129 Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts

130 Limitation on subsequent claims

130A Procedure on subsequent claims

131 Claim treated as withdrawn if claimant leaves New Zealand

132 Cessation of recognition as refugee or protected person

132A Application to Tribunal for cessation of recognition as refugee or protected person

133 Cancellation of New Zealand citizen's recognition as refugee or protected person

133A Cancellation of person's recognition as refugee or protected person (other than New Zealand citizen)

133B Application to Tribunal for cancellation of New Zealand citizen's recognition as refugee or protected person

136 Procedures to be followed when refugee and protection officer making determination under section 132, 133, or 133A

138 Powers of refugee and protection officers

139 Special provision relating to claimants granted temporary visas

140 Confidentiality to be maintained in respect of claimants, refugees, and protected persons

141 Disclosure of information about claimant, refugee, or protected person by government agencies

142 Purpose of Part

142 Purpose of Part

143 Deportation liability if person unlawfully in New Zealand

144 Deportation liability if person's visa granted in error

145 Deportation liability if visa held under false identity

146 Deportation liability of temporary entry class visa holder for cause

147 Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc

148 Deportation liability of resident if visa conditions breached

149 Deportation liability of residence class visa holder if new information as to character becomes available

150 Deportation liability of residence class visa holder convicted of criminal offence

151 Deportation liability if refugee or protection status cancelled under section 133A

152 Deportation liability of persons threatening security

153 Limitation on deportation of persons recognised or claiming recognition as refugee or protected person

153A Immigration officer must have regard to certain matters when dealing with claimants, refugees, or protected persons

154 Limitation on deportation of diplomats, etc

155 Period of deportation liability

156 Liability for deportation when person outside New Zealand

157 Effect of being liable for deportation

158 Deportation liability notice

159 Contents of deportation liability notice

160 Minister may cancel or suspend liability for deportation

161 Right of victims to make submissions on suspension or cancellation of liability for deportation

162 Effect of suspension

164 When deportation order may be served

165 Content of deportation order

165A Deportation order may be cancelled

166 Executing deportation order

167 Deported person may not enter New Zealand during period of prohibition on entry

167A Deported person may not enter New Zealand until costs of deportation repaid

167B Consequences for deported person if person enters or attempts to enter New Zealand during period of prohibition on entry

168 Minister may reduce or remove period of prohibition on entry

169AA Interpretation

169 Purpose of Part

170 Right of reconsideration if onshore application for further temporary visa declined

170A Limited right of review in respect of temporary entry class visa decisions

171 Rights of appeal in relation to decisions concerning residence class visas

172 Determination of appeal in relation to residence class visa

173 Use of further information in appeals under section 171

174 Procedure where appeal successful or Tribunal makes recommendation

174A No appeal or review rights in relation to invitations to apply

174B No appeal or review rights in relation to transit visas

175 Tribunal consideration of refugee and protection matters

176 Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims)

176A Right of appeal in relation to subsequent claims for refugee or protection status

176B Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement

176C Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee

177 Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition

177A After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts

178 Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person

180 Persons who may appeal to Tribunal on facts

181 Grounds for determining appeal on facts

182 Process when entitlement to appeal on facts and humanitarian grounds

183 Special process where refugee or protection status acquired through fraud, etc

184 Special process if refugee or protected person liable for deportation under section 150

185 Who may appeal to Tribunal on humanitarian grounds

186 Grounds for determining humanitarian appeal

187 Right of victims to make submission on appeal

188 Tribunal may make orders considered necessary on allowing appeal against liability for deportation

189 Tribunal may order grant of visa on allowing appeal against liability for deportation

190 Effect when successful appellant in custody or subject to release on conditions

190 Effect of successful appeal against liability for deportation

191 Tribunal may suspend liability for deportation on allowing humanitarian appeal

191A Effect of suspension

191B Effect of suspension on appeal

192 Tribunal may reduce or remove period of prohibited entry under deportation order

192A Tribunal may make order delaying deportation if appeal unsuccessful

193 Immigration and Protection Tribunal

194 Nature of Tribunal

195 Membership of Tribunal

196 Role of chair of Tribunal

197 Exercise of jurisdiction

198 Procedure for determining appeals and matters generally

199 Chair to ensure appeals and matters heard expeditiously

200 Tribunal may dismiss frivolous or vexatious appeal

201 How appeal or matter lodged

202 Proceedings on appeal or matter

202A Minister or Department is party to proceedings

203 Tribunal may consider appeal or matter on basis of information provided

203 Information Tribunal may consider

204 Tribunal may require chief executive to provide information

205 Tribunal must disclose prejudicial information

206 Findings of credibility and fact

207 Tribunal may require provision of biometric information

208 When Tribunal must or may provide oral hearing

209 Decision on papers in other circumstances

209A Tribunal may issue single decision when appeals or matters heard together

210 Appeals against deportation liability where person serving prison sentence

211 Procedure

212 Withdrawal of appeal or matter

213 Deemed withdrawal of certain appeals where person leaves New Zealand

214 How proceedings involving classified information to be conducted by Tribunal

215 Presentation of classified information to Tribunal

216 Tribunal to approve summary of allegations

217 Matters to be considered by Tribunal

217A Tribunal may require mixture of closed and open hearings

219 Appeal to High Court on point of law by leave

221 Appeal to Court of Appeal on point of law by leave

222 Special provisions relating to judicial review

222A Minister, chief executive, or refugee and protection officer may be respondent in review proceedings relating to Tribunal decision

223 Restriction on review

223A Certain appeals and review proceedings to be treated as priority fixture

223B Relationship with Judicature Act 1908 and Supreme Court Act 2003

224 Proceedings involving classified information may be heard only by nominated Judge

225 Appeal to High Court or review proceedings involving classified information

226 Appeal to Court of Appeal or Supreme Court involving classified information

227 Appeal period where decision involving classified information to be appealed to Court of Appeal or Supreme Court

227A Court to approve summary of allegations

228 Priority or urgency to be afforded to proceedings involving classified information

229 Relevant agency entitled to be party to proceedings involving classified information

231 Obligation and powers of Tribunal and courts in relation to classified information

232 Ancillary general practices and procedures to protect classified information

233 No disqualification by reason of security briefing

234 Restriction on appeal and review

235 Role of special advocates

236 Recognition of special advocates

237 Appointment of special advocate in individual case

237A Appointment of special advocate for purposes of Part 9 proceedings

238 Communication between special advocate and person to whom classified information relates

239 Protection of special advocates from liability

239A Tribunal or court may appoint counsel assisting the court

239B Tribunal or court may appoint special adviser

239C Payment to counsel assisting the court or special adviser

240 Purpose of Part

240A Meaning of information, document, register, list, etc, in sections 241, 243, 244, and 245

241 Certificate requiring production of address information

242 Persons required to provide access to address information

243 Powers of entry and inspection relating to records of accommodation providers

244 Powers of entry and inspection relating to records of employers

245 Powers of entry and inspection relating to records of education providers

246 Powers of immigration officer to require information and documents where offence suspected

247 Power of immigration officer to request information and documents where liability for deportation or turnaround suspected

248 Powers on deportation or turnaround

249 Immigration officer’s powers to enter immigration control area

250 Powers at border

251 Power of entry and search of craft

252 Power of entry and search at border place

253 Powers of entry and search relating to deportation

254 Special powers pending deportation or turnaround

255 Immigration officer may require biometric information to determine compliance with Act

256 Application for order authorising collection of biometric information

257 Judge may authorise biometric information to be collected

258 Further applications for compulsion order

259 Immigration officer may have assistance

260 Police to have powers of immigration officers

261 Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence

262 Information matching to locate person in serious default of payment of fine

263 No Crown liability to third parties for fines enforcement action

264 Chief executive may supply information concerning specified fines defaulters to commercial carriers

265 Information matching to verify social security benefit matters

266 Information matching to recover costs of visa holder's social security benefit from sponsor

266A Information matching to determine eligibility or liability to pay for publicly funded health and disability support services

267 Disclosure of immigration information to verify eligibility for publicly funded services

267A Disclosure of information to enable Department to check identity, character, and status

267B Disclosure of information to enable specified agencies to check identity and character

268 Disclosure of information to employers

269 Disclosure of information overseas

270 Information that may be disclosed under section 269

271 Purpose of Part

271A This Part code for detention and monitoring of person if detention and monitoring under this Act

272 Persons liable to arrest and detention

272A Purpose for which arrest and detention powers may be exercised

273 Implications of liability to arrest and detention

274 Limited power of detention for up to 4 hours

275 Initial period of detention for up to 96 hours without warrant

276 Persons arrested and detained pending making of deportation order

277 Person may instead agree to residence and reporting requirements

278 Application for warrant of commitment

279 Decision on application for warrant of commitment

280 Decision on application for warrant if threat or risk to security

281 Warrant of commitment

282 Court may instead release person on conditions

283 Special conditions where threat or risk to security

284 Persons detained under warrant of commitment or released on conditions pending making of deportation order

285 Decisions on warrants of commitment where detention beyond 6 months

287 Review of warrant of commitment or release on conditions

288 Consideration by High Court of application involving classified information

289 Process for High Court to consider application

290 Duties of detaining officers

291 Additional powers relating to detention by immigration officer

292 Arresting or detaining officer may seek assistance

293 Approval of premises for purpose of immigration detention

294 Form of custody of persons detained without warrant overnight

295 Form of custody of persons detained under warrant of commitment

296 Special provisions relating to custody

297 Additional provisions relating to custody in approved premises

298 Delivery of person into custody of immigration officer or police for purposes of deportation

299 Person being deported must be returned to custody or conditions reimposed if craft not available as planned

300 During epidemic District Court may deal with certain matters on basis of documents only

301 Modification during epidemic of requirements to bring people before District Court Judge

302 During epidemic certain warrants and extensions to have effect for 28 days

303 Application of section 282 during epidemic

304 Calculation of consecutive period of detention for purposes of section 285

305 Provision of false or misleading information

306 Aiding and abetting

307 Obstruction or failing to meet requirements

308 Improper dealings with immigration and identity documents

308 Improper dealings with immigration or identity documents

309 Impersonation

310 Publishing false or misleading information

311 Alteration of forms

312 Offences relating to carriers, and persons in charge, of craft

313 Offences by employers

314 Exploitation of persons not legally entitled to work

315 Offences by education providers

316 Offences in relation to Tribunal

317 Failure to maintain confidentiality in relation to refugee or protection matters

318 Penalties: general

319 Penalties: carriers, and persons in charge, of craft

320 Penalties: employers

321 Penalties: education providers

322 Infringement offences

323 Proceedings for infringement offences

324 Immigration officer may require information

325 Infringement notices

326 Reminder notices

327 Infringement fees

328 Revocation of infringement notices

329 Evidence in proceedings: certificates in relation to persons

330 Evidence in proceedings: certificates as to forms, documents, etc

331 Evidence in respect of matters occurring and documents executed outside New Zealand

332 Presumption that certificates duly authorised

333 Procedural provisions relating to offences

334 Presumption of authority

335 Time for laying information

336 Immigration status of persons born in New Zealand on or after 1 January 2006

337 Immigration status of persons whose status depends on immigration status of parent

338 Minors to have responsible adult to represent their interests

339 Role and rights of responsible adult

340 Views of minor to be considered

341 Special directions

341A Immigration officer to act in accordance with special direction

342 Delegation of Minister's powers

343 Chief executive may approve forms

343A Chief executive to designate immigration control areas

343AB Chief executive may designate places outside New Zealand where entry permission may be granted

343B Endorsement in foreign passport

343C Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc

345 Giving notice, service of notice, etc

345A New Zealand address

346 Designation of immigration officers

347 Immigration officers’ functions and powers

348 Designation of refugee and protection officers

349 Revocation or lapsing of designations

350 Relationship between this Act and Human Rights Act 1993

351 Fees and how they may be prescribed for purposes of section 358

352 Other charges

352A Exemptions and refunds

353 Imposition of bonds

354 Refund or forfeiture of bond

356 Costs of deportation or repatriation

357 Migrant levy

358 Regulations generally

359 Regulations relating to visas and expressions of interest

360 Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand

361 Regulations in respect of refugee and protection matters

362 Immigration Act 1987 repealed

363 Regulations made under Immigration Act 1987 revoked

364 Consequential amendments and repeals

365 Immigration Act 1987 continues in relation to certain matters and for certain purposes

366 Appeals body members not entitled to compensation

366 Appeals body members not entitled to compensation

367 Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions

368 Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 370 applies

369 General instructions given under section 13BA of former Act treated as general instructions under section 24(1B) of this Act

370 Existing applications for visas and permits

371 Expressions of interest in residence under section 13D of former Act

372 Invitations to apply for residence under section 13E of former Act

373 Holder of visa or permit under former Act deemed to be holder of visa and (if applicable) granted entry permission under this Act

374 Returning resident's visa held by New Zealand citizen under former Act indication of entitlement

375 Persons exempt from holding permit under former Act deemed to be holders of temporary visa or resident visa

376 Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand

377 Decision by chief executive about person boarding craft for purpose of travelling to New Zealand

378 Information requirements for carrier, and person in charge, of commercial craft

379 Reporting obligations of carriers, and persons in charge, of craft leaving New Zealand

380 Obligations of carriers of craft leaving New Zealand to provide passage

381 Responsibilities of carrier, and person in charge, of craft en route to New Zealand

382 Person recognised as refugee under former Act treated as recognised as refugee under this Act

383 Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration)

384 Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration

385 Acts 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

386 Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act

388 Persons subject to section 129U of former Act

389 Person subject to section 128 or 128B of former Act

389A Deportation liability of residence class visa holder convicted of criminal offence

390 Revocation of permits, removal orders, and deportation orders

391 Permit granted prior to commencement of section 362 as result of administrative error

392 Liability for deportation in respect of visa deemed to be held under section 373 or 375 of this Act

393 Person released on conditions under former Act

394 Person subject to residence and reporting requirements under former Act

395 No deportation liability if deportation prohibited under former Act

396 Person subject to Part 4A of former Act

397 Certain persons deemed liable for arrest and detention under Part 9

398 Detention of person liable for turnaround

399 Detention of person beyond 6 months

400 Detention under former Act without warrant

401 Detention under former Act with warrant

402 Reconsiderations not determined before former Act repealed

403 Persons eligible for reconsideration before former Act repealed

404 Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed

405 Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed

405 Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed

406 Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed

407 Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed

408 Appeals not determined by court before former Act repealed

409 Persons eligible to appeal to court before former Act repealed

409A Appeals against, or review proceedings in respect of, Tribunal decisions under this subpart to be made under Part 7

410 No new appeal rights created

411 Arrangements under former Act for disclosure of immigration information

412 Offences

413 Offences by employers

414 Evidence in proceedings

415 Classified information

416AA Appeal or review from Tribunal decision made under this Part or to which this Part applies

416 Children to have responsible adult to represent their interests

417 Special directions

418 Delegation of powers of Minister

419 Immigration officers

420 Immigration officers who may make and cancel removal orders under former Act

421 Acts or things done by immigration officer under former Act not required to be repeated

422 Exercise of certain powers by customs officers

423 Exercise of certain powers by members of police

423 Exercise of certain powers by Police

424 Refugee status officers

425 Forms

426 Bonds imposed under former Act

427 Sponsorship under former Act

427A Files of appeals bodies

428 Transitional regulations

429 Transitional immigration instructions

430 Exercise of certain powers and functions before commencement of certain provisions of this Act

431 Principal Act amended

432 Cancellation of removal order

433 New section 141ABA inserted

434 Interpretation