Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010

2010/382

Crest

Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 26th day of October 2010

Present:
His Excellency the Governor-General in Council

Pursuant to sections 400 to 402 of the Immigration Act 2009, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1 Title

2 Commencement

3 Principal regulations amended

4 Regulation 3 revoked

5 Interpretation

6 New regulation 4A inserted

7 Application requirements

8 Application requirements for holder or former holder of resident visa

9 Applications at immigration control area for second or subsequent resident visa

10 Applications at immigration control area by Australian citizens and permanent residents for resident visa

11 Notification of expression of interest in applying for residence class visa

12 Application requirements other than at immigration control area

13 Application requirements at immigration control area

14 Applications that must be made online

15 Applications for reconsideration of decision to decline further temporary visa

16 Application requirements

17 People to whom waiver of requirement for transit visa applies

18 People deemed to be granted temporary entry class visa

19 Applications involving family members

20 Applications made without using approved form

21 Immigration officer may refuse to consider or continue considering application made under regulation 21

22 Application requirements

23 New regulation 25 substituted

24 New regulations 26AA to 26AAC inserted

25 Migrant levy

26 Exemption from payment of migrant levy

27 New regulations 28A to 28C inserted

28 Obligations of people arriving in New Zealand at place other than immigration control area

29 New regulations 30 and 31 substituted

30 Application for confirmation of immigration status

31 Application for endorsement of New Zealand citizenship in foreign passport

32 Minister may waive regulation requirements by special direction

33 Schedule 2 amended

34 Schedule 3 amended

35 New Schedule 4 added

36 New Schedule 5 added

Schedule 1
New Schedule 4 added

Schedule 2
New Schedule 5 added


Regulations

1 Title
  • These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010.

2 Commencement
  • These regulations come into force at 2 am on 29 November 2010.

3 Principal regulations amended
4 Regulation 3 revoked
5 Interpretation
  • (1) Regulation 4(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    Armed Forces has the meaning given in section 2(1) of the Defence Act 1990

    Civil Staff has the meaning given in section 2(1) of the Defence Act 1990

    military craft

    • (a) means a craft (within the meaning of section 4 of the Act) that travels for a military purpose or as part of a military operation; and

    • (b) includes a commercial craft (within the meaning of section 4 of the Act) that is chartered for a military purpose or as part of a military operation

    person who previously held a resident visa means a person whose resident visa has expired because he or she has travelled in a way that does not meet the travel conditions of the visa

    prescribed fee has the meaning given in regulation 4A.

    (2) The definition of approved form in regulation 4(1) is amended by omitting a form and substituting the relevant form.

6 New regulation 4A inserted
  • The following regulation is inserted after regulation 4:

    4A Meaning of prescribed fee
    • (1) In these regulations, unless the context requires another meaning, prescribed fee means the fee described in the second column of Schedule 4 and—

      • (a) the corresponding amount specified in the third column of that schedule, if the person to whom the fee applies is—

        • (i) in New Zealand at the time the fee is payable; or

        • (ii) is a New Zealand citizen:

      • (b) the corresponding amount specified in the fourth column of that schedule, if the person to whom the fee applies is a citizen of any of the following countries:

        • (i) American Samoa:

        • (ii) Cook Islands:

        • (iii) Fiji:

        • (iv) Kiribati:

        • (v) Marshall Islands:

        • (vi) Micronesia, Federated States of:

        • (vii) Papua New Guinea:

        • (viii) Pitcairn Islands:

        • (ix) Samoa:

        • (x) Solomon Island:

        • (xi) Tonga:

        • (xii) Tuvalu:

        • (xiii) Vanuatu:

      • (c) the corresponding amount specified in the fifth column of that schedule, if the person to whom the fee applies is a citizen of any other country:

      • (d) the corresponding amount specified in the third, fourth, or fifth column of that schedule that reflects the country of citizenship stated for the matter to which the fee applies, if the person to whom the fee applies holds citizenship of more than 1 country:

      • (e) the corresponding amount specified in the third, fourth, or fifth column of that schedule that reflects the country in which the person resides, if the person to whom the fee applies is the holder of a Palestinian passport.

      (2) Despite subclause (1), the prescribed fee for a citizen of French Polynesia, New Caledonia, Palau, or Guam—

      • (a) for the following matters is the corresponding amount specified in the fourth column of Schedule 4:

        • (i) an application for a residence class visa:

        • (ii) an application to vary the travel conditions on a visa by a person holding a resident visa:

        • (iii) a notification of an expression of interest in applying for a residence class visa:

        • (iv) a request for a special direction; and

      • (b) for any other matter is the corresponding amount specified in the fifth column of that schedule.

      (3) Despite subclause (1), the prescribed fee for a citizen of Australia or Norfolk Island—

      • (a) for a notification of an expression of interest in applying for a residence class visa, a request for a special direction, or an application for a residence class visa is the corresponding amount specified in the third column of Schedule 4, except if the visa application relates to either of the following:

        • (i) an application for a permanent resident visa by a person holding a resident visa; or

        • (ii) an application for a permanent resident visa by a person who previously held a resident visa; and

      • (b) for any other matter (including the exceptions described in paragraph (a)(i) and (ii)) is the corresponding amount specified in the fourth column of that schedule.

7 Application requirements
  • (1) Regulation 5(2)(a) is amended by omitting an approved and substituting the approved.

    (2) Regulation 5(2)(d) is amended by inserting the following subparagraph after subparagraph (ii):

    • (iia) the prescribed fee; and.

8 Application requirements for holder or former holder of resident visa
  • (1) Regulation 6(2)(a) is amended by omitting an approved and substituting the approved.

    (2) Regulation 6(2)(d) is amended by inserting the following subparagraph after subparagraph (iii):

    • (iiia) the prescribed fee; and.

    (3) Regulation 6(4) is revoked.

9 Applications at immigration control area for second or subsequent resident visa
  • (1) Regulation 7(1) is revoked.

    (2) Regulation 7(3)(a) is amended by omitting an approved and substituting the approved.

    (3) Regulation 7(4) is amended by omitting Subclause (3)(d) applies unless the applicant is less than 18 years old, in which case— and substituting Despite subclause (3)(d), if the applicant is less than 18 years old,—.

    (4) Regulation 7(5)(b) is amended by omitting falls within the definition in subclause (1) and substituting is a person who previously held a resident visa.

10 Applications at immigration control area by Australian citizens and permanent residents for resident visa
  • (1) Regulation 8(2)(a) is amended by omitting an approved and substituting the approved.

    (2) Regulation 8(2) is amended by revoking paragraph (e) and substituting the following paragraph:

    • (e) be given—

      • (i) to an immigration officer together with the applicant's passport or certificate of identity; or

      • (ii) to an automated electronic system together with the applicant's passport.

    (3) Regulation 8(3) is amended by omitting Subclause (2)(d) applies unless the applicant is less than 18 years old, in which case— and substituting Despite subclause (2)(d), if the applicant is less than 18 years old,—.

11 Notification of expression of interest in applying for residence class visa
  • Regulation 9(b) is amended by inserting and the prescribed fee after giving the form.

12 Application requirements other than at immigration control area
  • (1) Regulation 10(2)(a) is amended by omitting an approved and substituting the approved.

    (2) Regulation 10(2)(e) is amended by inserting the following subparagraph after subparagraph (ii):

    • (iia) the prescribed fee; and.

13 Application requirements at immigration control area
  • (1) Regulation 11(1)(a) is amended by omitting an approved and substituting the approved.

    (2) Regulation 11(1) is amended by revoking paragraph (e) and substituting the following paragraph:

    • (e) be given—

      • (i) to an immigration officer together with the applicant's passport or certificate of identity; or

      • (ii) to an automated electronic system together with the applicant's passport.

    (3) Regulation 11(2) is amended by omitting Subclause (1)(d) applies unless the applicant is less than 18 years old, in which case— and substituting Despite subclause (1)(d), if the applicant is less than 18 years old,—.

    (4) Regulation 11 is amended by revoking subclause (3) and substituting the following subclause:

    • (3) Despite subclause (1)(e), a member of a visiting force (including a member of the civilian component of a visiting force) who arrives on a commercial craft and whose presence in New Zealand is in the ordinary course of his or her duty or employment is only required to give an immigration officer the approved form.

14 Applications that must be made online
  • Regulation 12(3) is amended by adding ; and and also by adding the following paragraph:

    • (g) pay the prescribed fee or arrange for its payment in a manner acceptable to the immigration officer processing the application.

15 Applications for reconsideration of decision to decline further temporary visa
  • Regulation 14(1)(c) is amended by adding ; and and also by adding the following subparagraph:

    • (iii) the prescribed fee for the application.

16 Application requirements
  • (1) Regulation 15(1)(a) is amended by omitting an approved and substituting the approved.

    (2) Regulation 15(1)(d) is amended by inserting the following subparagraph after subparagraph (ii):

    • (iia) the prescribed fee; and.

17 People to whom waiver of requirement for transit visa applies
  • Regulation 16 is amended by revoking paragraph (d) and substituting the following paragraph:

    • (d) any of the following people:

      • (i) citizens of Australia and people who hold a current permanent residence visa (including a resident return visa) issued by the Government of Australia:

      • (ii) British citizens and British passport holders who produce evidence of the right to reside permanently in the United Kingdom:

      • (iii) members of, or any person associated with, a scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty (within the meaning of the Antarctica Act 1960) or any person to whom section 5 of that Act applies:

      • (iv) members of a visiting force (including members of the civilian component of the visiting force) and crew members of any craft transporting a visiting force:

      • (v) residents of Hong Kong travelling on Hong Kong Special Administrative Region or British National (Overseas) passports:

      • (vi) permanent residents of Taiwan travelling on Taiwanese passports:

      • (vii) people who are travelling on a United Nations laissez passer that was issued by the Secretariat of the United Nations pursuant to either the United Nations Convention on the Privileges and Immunities of the United Nations, done at New York on 13 February 1946 or the United Nations Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations, done at New York on 21 November 1947:

      • (viii) citizens of the countries specified in paragraph 8(1) to (54) of Schedule 2.

18 People deemed to be granted temporary entry class visa
19 Applications involving family members
  • (1) Regulation 20(5)(c) is revoked and the following paragraph substituted:

    • (c) the requirements in relation to the application (including any that an immigration officer may require an applicant to meet before determining an application) must be met in relation to the principal applicant and each applicant, except that—

      • (i) any applicant less than 18 years old is not required to sign the application; and

      • (ii) only 1 fee is required for the application; and.

    (2) Regulation 20(6) is amended by adding and pay the prescribed fee.

20 Applications made without using approved form
  • (1) Regulation 21(1) is amended by omitting relevant in each place where it appears.

    (2) Regulation 21(3) is amended by inserting the following paragraph after paragraph (b):

    • (ba) paying the prescribed fee or arranging for its payment in a manner acceptable to the immigration officer processing the application (unless the application is made at an immigration control area, in which case no fee is payable); and.

    (3) Regulation 21(7) is amended by revoking paragraph (c) and substituting the following paragraph:

    • (c) the requirements in relation to the application (including any that an immigration officer may require an applicant to meet before determining an application) must be met in relation to the principal applicant and each applicant, except that—

      • (i) any applicant less than 18 years old is not required to sign the application; and

      • (ii) only 1 fee is required for the application; and.

21 Immigration officer may refuse to consider or continue considering application made under regulation 21
  • (1) Regulation 22(1) is amended by omitting relevant.

    (2) Regulation 22(2)(b) is amended by omitting any relevant and substituting the.

    (3) Regulation 22(2) is amended by adding ; and and also by adding the following paragraph:

    • (c) any prescribed fee paid in relation to the application under regulation 21 must be refunded or applied towards any application made in accordance with paragraph (b).

22 Application requirements
  • (1) Regulation 24(2)(a) is amended by omitting an approved and substituting the approved.

    (2) Regulation 24(2) is amended by revoking paragraph (e) and substituting the following paragraph:

    • (e) be given—

      • (i) to an immigration officer together with the applicant's passport or certificate of identity and evidence of any visa that the applicant holds; or

      • (ii) to an automated electronic system together with the applicant's passport and evidence of any visa that the applicant holds.

    (3) Regulation 24(3) is amended by omitting Subclause (2)(d) applies unless the applicant is less than 18 years old, in which case— and substituting Despite subclause (2)(d), if the applicant is less than 18 years old,—.

    (4) Regulation 24 is amended by revoking subclause (4) and substituting the following subclause:

    • (4) Despite subclause (2)(e), the following people are only required to give an immigration officer the approved form:

      • (a) a member of the Armed Forces (including Civil Staff) who holds a residence class visa and who arrives in New Zealand on a commercial craft in the ordinary course of his or her duty or employment:

      • (b) a member of a visiting force (including a member of the civilian component of a visiting force), who arrives in New Zealand on a commercial craft and whose presence in New Zealand is in the ordinary course of his or her duty or employment.

23 New regulation 25 substituted
  • Regulation 25 is revoked and the following regulation substituted:

    25 Exemptions from requirement to apply for entry permission
    • The following people are exempt from the requirement to apply for entry permission and deemed to have been granted entry permission on their arrival in New Zealand:

      • (a) the people described in the first column of Schedule 3; and

      • (b) a member of the Armed Forces (including Civil Staff) who holds a residence class visa and who, in the ordinary course of his or her duty or employment, is travelling to New Zealand on a military craft; and

      • (c) a crew member of a military craft who holds a residence class visa and who, in the ordinary course of his or her duty or employment, is transporting members of the Armed Forces to New Zealand.

24 New regulations 26AA to 26AAC inserted
  • The following regulations are inserted before regulation 26:

    26AA Prescribed fees (not imposed elsewhere by these regulations)
    • A prescribed fee is imposed for the following matters:

      • (a) a request for a special direction:

      • (b) the grant of a residence class or temporary entry class visa under section 61 of the Act:

      • (c) an application for variation of travel conditions on any type or class of visa for which travel conditions may be imposed by immigration instructions:

      • (d) a request under immigration instructions by an employer for approval in principle to recruit overseas workers under Essential Skills Category immigration instructions:

      • (e) a request under immigration instructions for supplementary seasonal employment approval in principle:

      • (f) a call-out fee where an office of the Department is opened outside normal working hours in order to process an immigration matter:

      • (g) registration under the Refugee Family Support Category immigration instructions:

      • (h) an employer accreditation in respect of talent work immigration instructions:

      • (i) a reconsideration of an application from an employer for accreditation under Talent (Employer Accreditation) immigration instructions:

      • (j) a request for recognised seasonal employer status under Recognised Seasonal Employer work immigration instructions:

      • (k) an agreement to recruit under Recognised Seasonal Employer work immigration instructions:

      • (l) consideration of the first or any subsequent, or a change of, business plan in relation to a person within an investor category of immigration instructions.

    26AAB Exemptions from or reductions in prescribed fees
    • (1) Despite anything to the contrary in these regulations, a prescribed fee is not payable by—

      • (a) a citizen of any country with which New Zealand maintains a reciprocal fee-waiver agreement in respect of the prescribed fee; or

      • (b) a person described in Schedule 5; or

      • (c) a person applying under the Special Category for Victims of People Trafficking immigration instructions for a residence class visa or a temporary entry class visa.

      (2) Despite anything to the contrary in these regulations, a prescribed fee is not payable by a Fijian citizen who applies for a transit visa.

      (3) Despite anything to the contrary in these regulations, a prescribed fee is not payable for—

      • (a) an application for a visa under work to residence Skilled Migrant Category immigration instructions; or

      • (b) an application for a visa that is associated with an application to which paragraph (a) applies.

      (4) The prescribed fee for the following applications for a residence class visa specified in Schedule 4 is reduced by NZ$92:

      • (a) an application by a citizen of Samoa except if the application relates to the Samoan Quota scheme immigration instructions or a visa granted under section 61 of the Act:

      • (b) an application associated with the Victims of Domestic Violence immigration instructions:

      • (c) an application by a person who, on a previous application, made on or after 1 July 2003, has already paid the fee specified in—

        • (i) Schedule 4 in respect of a temporary visa (Long-term Business); or

        • (ii) Schedule 4 in respect of a temporary visa (work visa under Work Partnership/Work to Residence: Talent (Arts, Culture, and Sports), Talent (Employer Accreditation), or Talent (Long-term Skills Shortage List) immigration instructions); or

        • (iii) item 7(d)(i), (e)(i), or (h) of Part 1 of Schedule 3 of the Immigration Regulations 1999.

      (5) The prescribed fee specified in Schedule 4 for an application for a temporary visa (Long-term Business Visa) or a temporary work visa under Work Partnership/Work to Residence (Talent (Arts, Culture, and Sports), Talent (Employer Accreditation), or Talent (Long-term Skills Shortage List)), is reduced by NZ$92 in the following cases:

      • (a) where the application is made by a person who, on a previous application, made on or after 1 July 2003, paid that fee or the fee specified in item 7(d)(i), (e)(i), or (h) of Part 1 of Schedule 3 of the Immigration Regulations 1999:

      • (b) where the application is made by a citizen of Samoa.

      (6) A person to whom subclause (4) or (5) applies and who satisfies more than 1 of the criteria for a reduction in the prescribed fee is only entitled to a single fee reduction of NZ$92.

    26AAC Cash payments of prescribed fees
    • A prescribed fee may be paid in cash only at the offices of the Department situated in Beijing, Dubai, Jakarta, Moscow, and Shanghai. However, the Minister may, by special direction, accept payment of a prescribed fee in cash at any other office.

25 Migrant levy
  • (1) Regulation 26(1) is amended by omitting NZ$300 and substituting NZ$310.

    (2) Regulation 26(2) is amended by omitting NZ$150 and substituting NZ$155.

    (3) Regulation 26(2)(b) is amended by omitting in accordance with the Pacific Access Category and substituting under the Pacific Access Category immigration instructions.

    (4) Regulation 26 is amended by revoking clauses (5) and (6) and substituting the following subclause:

    • (5) This regulation applies to a person unless—

      • (a) the Minister provides otherwise by way of special direction; or

      • (b) the person is exempt from the requirement to pay the levy under regulation 28.

26 Exemption from payment of migrant levy
  • (1) Regulation 28(b) is amended by inserting of immigration instructions after categories.

    (2) Regulation 28(b)(iii) is amended by omitting of immigration instructions.

    (3) Regulation 28 is amended by adding the following paragraph:

    • (f) a person granted a residence class visa under the Special Category for Victims of People Trafficking immigration instructions.

27 New regulations 28A to 28C inserted
  • The following regulations are inserted after regulation 28:

    28A Prescribed fees and migrant levy inclusive of GST
    • The prescribed fees and the migrant levy imposed by these regulations are inclusive of goods and services tax.

    28B Obligations of New Zealand citizens arriving in New Zealand at immigration control area
    • (1) A New Zealand citizen who enters New Zealand as a New Zealand citizen at an immigration control area must have his or her New Zealand citizen status confirmed—

      • (a) by giving an immigration officer—

        • (i) a New Zealand passport; or

        • (ii) a foreign passport containing an endorsement of a type described in section 384(1) of the Act; or

        • (iii) a foreign passport containing a returning resident's visa (within the meaning of section 2(1) of the Immigration Act 1987); or

      • (b) by giving an automated electronic system a New Zealand passport.

      (2) Despite subclause (1), a New Zealand citizen arriving on a commercial craft who enters New Zealand at an immigration control area as a New Zealand citizen acting in the ordinary course of his or her duty or employment with the Armed Forces (including Civil Staff) must have his or her New Zealand citizen status confirmed—

      • (a) by giving an immigration officer a passport described in subclause (1)(a) or his or her military orders or military identity card; or

      • (b) by giving an automated electronic system a New Zealand passport.

    28C Exemption from obligation to present to immigration officer when arriving in New Zealand at immigration control area
    • The following people who arrive in New Zealand at an immigration control area are exempt from the requirement to present themselves to an immigration officer:

      • (a) the people described in the first column of Schedule 3:

      • (b) members of the Armed Forces (including Civil Staff) acting in the ordinary course of their duty or employment who arrive on a military craft:

      • (c) crew members of a military craft carrying members of the Armed Forces (including Civil Staff):

      • (d) a person who complies with regulation 8(2)(e)(ii), 11(1)(e)(ii), or 24(2)(e)(ii), unless the automated electronic system indicates that the person must present himself or herself to an immigration officer.

      • (e) a New Zealand citizen who complies with regulation 28B(1)(b) or (2)(b), unless the automated electronic system indicates that the person must present himself or herself to an immigration officer.

28 Obligations of people arriving in New Zealand at place other than immigration control area
  • Regulation 29 is amended by revoking subclause (3) and substituting the following subclause:

    • (3) The following people are exempt from the requirements of this regulation:

      • (a) the people described in the first column of Schedule 3:

      • (b) members of the Armed Forces (including Civil Staff) acting in the ordinary course of their duty or employment who arrive on a military craft:

      • (c) crew members of a military craft carrying members of the Armed Forces (including Civil Staff):

      • (d) a person exempted by special direction.

29 New regulations 30 and 31 substituted
  • Regulations 30 and 31 are revoked and the following regulations substituted:

    30 People leaving New Zealand who are exempt from presenting themselves to immigration officer
    • The following people are exempt from the requirement to present themselves to an immigration officer before leaving New Zealand:

      • (a) the people described in the first column of Schedule 3:

      • (b) a member of the Armed Forces (including Civil Staff), if—

        • (i) the person's departure from New Zealand is in the ordinary course of his or her duty or employment; and

        • (ii) the person departs on a military craft:

      • (c) crew members of military craft carrying members of the Armed Forces (including Civil Staff).

    31 People leaving New Zealand must complete approved form
    • (1) Each person leaving New Zealand must complete the approved form.

      (2) The approved form must be given to an immigration officer together with—

      • (a) the person's passport or certificate of identity; or

      • (b) if the person is a member of the Armed Forces (including Civil Staff) acting in the ordinary course of his or her duty or employment who is departing on a commercial craft, the person's passport, certificate of identity, military orders, or military identity card.

      (3) Despite subclause (2), a member of a visiting force (including a member of the civilian component of the visiting force) departing on a commercial craft is only required to give an immigration officer the approved form.

      (4) The following people are exempt from the requirements of this regulation:

      • (a) the people described in the first column of Schedule 3:

      • (b) members of the Armed Forces (including Civil Staff) acting in the ordinary course of their duty or employment who depart on a military craft:

      • (c) crew members of military craft carrying members of the Armed Forces (including Civil Staff):

      • (d) a person exempted by special direction.

30 Application for confirmation of immigration status
  • Regulation 32(3) is amended by adding ; and and also by adding the following paragraph:

    • (d) the prescribed fee.

31 Application for endorsement of New Zealand citizenship in foreign passport
  • (1) Regulation 33(1)(e) is amended by inserting the following subparagraph after subparagraph (i):

    • (ia) the prescribed fee; and.

    (2) Regulation 33(2)(e) is amended by inserting the following subparagraph after subparagraph (i):

    • (ia) the prescribed fee; and.

32 Minister may waive regulation requirements by special direction
  • Regulation 34(3) is amended by inserting the Act or after express power in.

33 Schedule 2 amended
  • (1) The Schedule 2 heading is amended by omitting 16(d), and substituting 16(d)(viii),.

    (2) The heading to Schedule 2 is omitted and the following heading substituted: People to whom waiver to travel to New Zealand applies.

    (3) Paragraph 4 of Schedule 2 is revoked and the following paragraph substituted:

    4
    • Each member of a visiting force (including a member of the civilian component of the visiting force), but only if—

      • (a) each person is travelling to New Zealand in the ordinary course of the person's duty or employment; and

      • (b) each person is seeking a temporary entry class visa at an immigration control area; and

      • (c) the craft transporting the visiting force is a commercial craft.

34 Schedule 3 amended
  • The item relating to members of a visiting force (including members of the civilian component of the visiting force) and crew members of any craft transporting the visiting force is revoked and the following items are substituted:

    Members of a visiting force (including members of the civilian component of the visiting force) travelling to and arriving in New Zealand—

    • (a) in the ordinary course of their duty or employment; and

    • (b) on a military craft

     Temporary visa 

    Until the earlier of—

    • (a) the day that the holder ceases to be a member of the visiting force; or

    • (b) the day that the holder’s duty or employment in New Zealand finishes

    Each crew member of a military craft who, in the ordinary course of his or her duty or employment, is transporting members of a visiting force (including members of the civilian component of the visiting force) to New Zealand.

     Temporary visa 

    Until the earlier of—

    • (a) the day that the holder ceases to be a crew member of a military craft transporting a visiting force; or

    • (b) the day that the holder’s duty or employment in New Zealand finishes

35 New Schedule 4 added
  • The Schedule 4 set out in Schedule 1 of these regulations is added.

36 New Schedule 5 added
  • The Schedule 5 set out in Schedule 2 of these regulations is added.


Schedule 1
New Schedule 4 added

r 35

Schedule 4
Fees

r 4A

  Matter for which fee prescribed Fee (NZ$)
Country of citizenship, residence, etc (as determined in accordance with regulation 4A)
Regulation under which fee prescribed  New Zealand The Pacific 
Rest of
World
5(1) and (2)(d)(iia) Residence class visa application—Skilled Migrant Category 1,550 1,350 2,050
  Residence class visa application—Investor Plus (Investor 1 Category) 3,500 3,400 3,400
  Residence class visa application—Investor (Investor 2 Category) 3,500 3.400 3,400
  Residence class visa application—Entrepreneur Plus Category 2,800 2,800 2,800
  Residence class visa application—Entrepreneur Category 2,800 2,800 2,800
  Residence class visa application—Family Category 790 790 1,350
  Residence class visa application—Samoan Quota scheme 615 600  
  Residence class visa application—Pacific Access Category  665 650  
  Residence class visa application—Refugee Family Support Category 500 490 690
  Residence class visa application—Residence from Work Category 790    
  Residence class visa application—Parent Retirement Category 2,800 2,800 2,800
  Residence class visa application—any other residence category of immigration instruction 790 790 1,350
6(1)(a) and (2)(d)(iiia) Permanent resident visa application by person holding resident visa 160 160 160
6(1)(b) and (2)(d)(iiia) Permanent resident visa application by person who previously held resident visa 160 160 160
6(1)(c) and (2)(d)(iiia) Resident visa application by person who previously held resident visa 160 160 160
6(1)(d) and (2)(d)(iiia) Variation of travel conditions of visa by person holding resident visa 160 160 160
9(b) Notification of expression of interest in applying for residence class visa—Skilled Migrant Category (physical) 560 560 560
  Notification of expression of interest in applying for residence class visa—Skilled Migrant Category (electronic) 440 440 440
  Notification of expression of interest in applying for residence class visa—Investor 2 Category 510 510 510
  Notification of expression of interest in applying for residence class visa—Pacific Access Category (first year of notification) 60 60  
  Notification of expression of interest in applying for residence class visa—Pacific Access Category (subsequent year of notification) 25 25  
10(1) and (2)(e)(iia) Temporary visa application—visitor visa 140 110 140
  Temporary visa application—student visa 220 170 230
  Temporary entry class visa application—limited visa: limited student visa 220 170 230
  Temporary entry class visa application—limited visa: limited visa for recognised seasonal employer 230 200 230
  Temporary entry class visa application—limited visa: any other category 140 110 140
  Temporary visa application—student visa made online by education provider 80    
  Temporary visa application—temporary visa (Long-term Business Visa) or temporary work visa under Work Partnership/Work to Residence (Talent (Arts, Culture, and Sports), Talent (Employer Accreditation), or Talent (Long-term Skills Shortage List)) 310 310 310
  Temporary visa application—work visa under working holiday scheme 140   140
  Temporary visa application—work visa under working holidaymaker extension 140   140
  Temporary visa application—work visa under any other category of immigration instruction (physical) 230 200 230
  Temporary visa application—work visa under any other category of immigration instruction (electronic) 200 200 200
  Temporary visa application—Long-term Business Visa  2,800 2,400 2,800
  Temporary visa application—group visitor visa per person (made offshore only): Beijing, Shanghai, Taipei      70
  Temporary visa application—group visitor visa per person (made offshore only): Bangkok (Thai citizens only)     70
  Temporary visa application—group visitor visa per person (made offshore only): approved destination status (China)     45
  Temporary visa application—group visitor visa per person (made offshore only): other 70 70 70
  Temporary visa application—Retirement Category visitor visa  2,800 2,800 2,800
10(1)(a), 12(1) and (3)(g) Temporary visa application—work visa under working holiday scheme described in Schedule 1 140   140
14(1)(c)(iii) Application for reconsideration of decision to decline further temporary visa 160    
15(1)(d)(iia) Transit visa application 130 130 130
  Transit visa application—group Chinese nationals per person 70   70
26AA(a) Request for special direction 160 160 160
26AA(b) Residence class visa granted under section 61 of Act 715    
26AA(b) Temporary entry class visa granted under section 61 of Act 300    
26AA(c) Application for variation of travel conditions imposed by immigration instructions on temporary entry class visa 140    
26AA(d) Request under immigration instructions by employer for approval to recruit overseas workers 210    
26AA(e) Request under immigration instructions for supplementary seasonal employment approval in principle 210    
26AA(f) Call-out fee where office is opened outside normal working hours in order to process immigration matter 240 240 240
26AA(g) Registration under Refugee Family Support Category—tier 1 (queue registration) or tier 2 (ballot, first year’s registration) 75    
  Registration under Refugee Family Support Category—tier 2 (ballot, subsequent registration) 55    
26AA(h) Employer accreditation (under talent work immigration instructions)—first year of accreditation  1,430    
  Employer accreditation (under talent work immigration instructions)—subsequent year accreditation 410    
26AA(i) Reconsideration of application from employer for accreditation 160    
26AA(j) Recognised Seasonal Employer status  715    
26AA(k) Agreement to recruit under Recognised Seasonal Employer work immigration instructions 190    
26AA(l) First or subsequent, or change of, business plan—investor category 770 750 750
32(1)(a) Confirmation of immigration status  90    
32(1)(b) Transfer fee where visa stamp or label transferred from one passport or certificate of identity to another 90 90 90
33(1) First endorsement of New Zealand citizenship in foreign passport 130 130 130
33(2) Second or subsequent endorsement of New Zealand citizenship in foreign passport 80 80 80

Schedule 2
New Schedule 5 added

r 36

Schedule 5
People not required to pay prescribed fee

r 26AAB(1)(b)

1
  • People who, for the time being, are accorded privileges and immunities under—

    • (a) the Vienna Convention on Diplomatic Relations in accordance with the Diplomatic Privileges and Immunities Act 1968; or

    • (b) the Vienna Convention on Consular Relations in accordance with the Consular Privileges and Immunities Act 1971.

2
  • Officially recognised accompanying family of a person described in paragraph 1.

3
  • Officials of government entities travelling to New Zealand to conduct business with New Zealand Ministers of the Crown.

4
  • Officials of government entities travelling to New Zealand to conduct business with a Ministry or department of the New Zealand Government.

5
  • Holders of diplomatic or other official passports entering or transiting through New Zealand en route to, or when returning from, a diplomatic posting in a country other than New Zealand.

6
  • Officials of government entities entering or transiting through New Zealand en route to, or when returning from, a third country—

    • (a) where the purpose of the visit to the third country was or is to conduct official government-to-government business; and

    • (b) who are able to provide evidence to an immigration officer to support that purpose.

7
  • A holder of a diplomatic or other official passport entering or transiting through New Zealand for the purpose of assisting with the operations of the embassy or consulate (in New Zealand or elsewhere) for which the person holds the passport and on which he or she is travelling.

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 at 2 am on 29 November 2010, amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010.


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

Date of notification in Gazette: 28 October 2010.

These regulations are administered by the Department of Labour.