Immigration Amendment Regulations 2009

  • revoked
  • Immigration Amendment Regulations 2009: revoked, at 2 am on 29 November 2010, pursuant to section 405(b) of the Immigration Act 2009 (2009 No 51).

Reprint
as at 29 November 2010

Crest

Immigration Amendment Regulations 2009

(SR 2009/179)

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 22nd day of June 2009

Present:
Her Excellency the Administrator of the Government in Council

  • Immigration Amendment Regulations 2009: revoked, at 2 am on 29 November 2010, pursuant to section 405(b) of the Immigration Act 2009 (2009 No 51).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Department of Labour.


Pursuant to section 150 of the Immigration Act 1987, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Immigration Amendment Regulations 2009.

2 Commencement
  • These regulations come into force on 27 July 2009.

3 Principal regulations amended
4 New regulation 26 substituted
  • Regulation 26 is revoked and the following regulation substituted:

    26 Student permit, etc, not required for certain courses of study or training
    • (1) This regulation applies to a person who undertakes a course of study or training referred to in subclause (2) and who is—

      • (a) the holder of a work permit granted under a working holiday scheme; or

      • (b) the holder of a temporary permit other than a work permit referred to in paragraph (a).

      (2) A person to whom this regulation applies may undertake a course of study or training specified in—

      • (a) Part 3 or 4 of Schedule 1, if the person is the holder of a work permit granted under a working holiday scheme; or

      • (b) Part 5 of Schedule 1, if the person is the holder of a temporary permit other than a work permit referred to in paragraph (a).

      (3) A person to whom this regulation applies is not required by reason only of undertaking that course of study or training to—

      • (a) hold a student permit or a residence permit; or

      • (b) obtain any variation of the conditions of the person's work permit or, as the case may be, temporary permit that would authorise the person to undertake the course of study or training.

      (4) Despite subclauses (1)(b) and (3), the holder of a limited purpose permit may not undertake a course of study or training unless authorised by the terms or conditions or purpose of his or her limited purpose permit.

5 Schedule 1 amended
  • Schedule 1 is amended by revoking Part 3 and substituting the Parts 3 to 5 set out in Schedule 1 of these regulations.

6 Schedule 3 amended

Schedule 1
New Parts 3 to 5 of Schedule 1 of principal regulations substituted

r 5

Part 3
Courses of study or training for holders of temporary permit under specified working holiday schemes

r 26(3)(a)

One or more courses of study or training undertaken by participants of the following working holiday schemes, the total duration of those courses not being more than 6 calendar months:

  • (a) Canada:

  • (b) Germany:

  • (c) Japan:

  • (d) Taiwan:

  • (e) United Kingdom.

Part 4
Courses of study or training for holders of temporary permit under working holiday schemes generally

r 26(3)(a)

One or more courses of study or training in New Zealand, the total duration of those courses not being more than 3 calendar months.

Part 5
Courses of study or training for holders of other temporary permits

r 26(3)(b)

1
  • Any training (other than an apprenticeship or a cadetship) provided by an employer as part of the normal conditions of employment offered to the holder of a work permit.

2
  • One single course of study or training of not more than 3 calendar months' duration.

Schedule 2
Amendments to Schedule 3 of principal regulations

r 6

Part 1

Clause (1)(b) to (d): revoke and substitute:

  • (b) Investor 1 category

3,4003,4003,400
  • (c) Investor 2 category

3,4003,4003,400
  • (d) Entrepreneur Plus category

2,6002,6002,600

Clause 3: revoke and substitute:

  • 3 Expression of interest, under Investor 2 category, in invitation to apply for residence

460460460
Part 2

Insert the following items after the item relating to Global investor category:

Investor 1 category300150
Investor 2 category300150
Entrepreneur Plus category300150

Rebecca Kitteridge,
Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 27 July 2009, amend the Immigration Regulations 1999 (the principal regulations).

The amendments will allow the holder of a work permit granted under a working holiday scheme to undertake 1 or more courses of study or training of not more than a total of 3 calendar months' duration without having to comply with the requirement to be a holder of a student permit or a residence permit, or to obtain any variation of the conditions of the person's work permit that would authorise the person to undertake the course of study or training. Currently, the holder of any temporary permit (which includes a work permit granted under the working holiday scheme) is restricted to 1 course of study or training of not more than 3 calendar months' duration.

The amendments will also allow the holder of a work permit granted under a working holiday scheme who is a participant in certain specified working holiday schemes to undertake 1 or more courses of study or training of not more than a total of 6 calendar months' duration without having to comply with that requirement.

The amendments also make various changes to Schedule 3 of the principal regulations, which sets out the fees and levies payable for applications and other matters under those regulations. The changes give effect to the introduction of the Government's new Business Migration Package for investors and entrepreneurs.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 25 June 2009.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Immigration Amendment Regulations 2009. The reprint incorporates all the amendments to the regulations as at 29 November 2010, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)