Supplementary Order Paper No 32

No 32

House of Representatives

Supplementary Order Paper

Tuesday, 15 September 2009

Immigration Bill


Proposed amendments

Hon Dr Jonathan Coleman, in Committee, to move the following amendments:

Clause 2

Subclause (1): to omit and (3) (line 7 on page 24) and substitute to (3).

Subclause (2): to insert after being (line 17 on page 24) a date.

Subclause (2): to omit Orders in Council (line 18 on page 24) and substitute orders.

New subclause (2A): to insert the following subclause after subclause (2) (after line 19 on page 24):

  • (2A) Section 433 comes into force on a date to be appointed by the Governor-General by Order in Council (being a date not earlier than the second day after the date on which this Act receives the Royal assent).

Subclause (3): to omit Section 1, this section, and section 430 come (line 20 on page 24) and substitute Sections 431 and 432 come.

Part 1
Preliminary provisions

Clause 3

Subclause (2)(a): to omit this paragraph (lines 11 to 13 on page 25) and substitute the following paragraph:

  • (a) requires persons who are not New Zealand citizens to—

    • (i) hold a visa to travel to New Zealand; and

    • (ii) hold a visa and be granted entry permission to stay in New Zealand; and

Subclause (2)(b): to omit for visas that enable people to stay in New Zealand (line 15 on page 25) and substitute (which set rules and criteria for the grant of visas and entry permission).

Subclause (2)(d): to omit recognising and ensuring compliance with (lines 26 and 27 on page 25) and substitute implementing.

Subclause (2)(e)(ii): to omit allow (line 36 on page 25) and substitute prescribe the system.

Subclause (2)(e)(ii): to omit who in the third place that it appears (line 38 on page 25).

Subclause (2)(f): to omit this paragraph (lines 3 and 4 on page 26) and substitute the following paragraph:

  • (f) establishes a specialist tribunal to consider appeals against decisions made under this Act and to consider humanitarian appeals; and

Clause 4(1)

Definition of allow to undertake: to omit this definition (lines 16 and 17 on page 26).

Definition of appeal on humanitarian grounds: to omit appeal (line 18 on page 26) and substitute appeal to the Tribunal.

Definition of claim: to omit , as the case may be, a claim in New Zealand by a person for recognition as (lines 11 and 12 on page 28) and substitute a claim by a person in New Zealand for recognition, as the case may be, as.

Paragraph (b) of the definition of claimant: to add (line 22 on page 28) (within the meaning of section 117A).

Definition of contiguous zone: to omit this definition (lines 4 to 6 on page 29).

To insert the following definition after the definition of Convention Against Torture (after line 10 on page 29):

counsel assisting the court means a person appointed as counsel assisting the court under section 239A

Paragraph (b) of the definition of course of study: to omit excluded (lines 15 and 16 on page 30) and substitute excluded, or excluded for a particular purpose,.

Definition of Crown entity: to omit this definition (lines 31 and 32 on page 30).

Definition of customs airport: to omit this definition (lines 33 and 34 on page 30).

Definition of deportation order: to omit this definition (lines 18 to 28 on page 31) and substitute the following definitions:

deportation order

  • (a) means an order containing the information described in section 165 that, when served on a person in accordance with section 164, authorises the person's deportation to be executed; and

  • (b) includes an Order in Council made under section 152

designated agency means the agency designated by the Prime Minister under section 236(1) for the purpose of recognising lawyers as special advocates

Definition of domestic passenger: to omit this definition (line 33 on page 31 to line 9 on page 32).

Definition of domestic sector: to omit this definition (lines 10 and 11 on page 32).

Definition of government agency: to omit this definition (lines 24 to 27 on page 33) and substitute the following definition:

government agency

  • (a) means—

    • (i) a government department named in Schedule 1 of the State Sector Act 1988; or

    • (ii) a Crown entity (within the meaning of section 7(1) of the Crown Entitites Act 2004); and

  • (b) includes the New Zealand Police, the New Zealand Security Intelligence Service, and the Government Communications Security Bureau

Definition of government department: to omit this definition (lines 28 and 29 on page 33).

Definition of grant: to omit permission in the second place where it appears (line 32 on page 33) and substitute permission,.

Definition of internal waters of New Zealand: to omit this definition (lines 6 to 8 on page 35).

Definition of internationally ticketed passenger: to omit this definition (lines 9 to 15 on page 35).

Paragraph (a) of the definition of New Zealand: to omit Zealand; (line 38 on page 35) and substitute Zealand (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977);.

Paragraph (c) of the definition of New Zealand: to omit 65(3)(a), and 370(2)(a) (lines 3 and 4 on page 36) and substitute and 65(3)(a).

Paragraph (d) of the definition of New Zealand: to add (line 7 on page 36) (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977).

Definition of New Zealand address: to omit set out (line 18 on page 37) and substitute given to it.

Definition of passenger: to omit the carrier or the person in charge (line 6 on page 38) and substitute the carrier, or the person in charge, of the craft.

Definition of protected person: to insert after person (line 14 on page 39) in New Zealand.

Definition of refugee: to insert after refugee (line 15 on page 39) in New Zealand.

Definition of relevant agency: to omit means the following New Zealand government agency, as the case may be, that holds, was the source of, or was provided with, classified information (lines 31 to 33 on page 39) and substitute , in relation to any classified information, means any of the following agencies that hold, were the source of, or were provided with, that classified information.

Definition of scheduled international service: to omit this definition (lines 1 to 10 on page 41).

Paragraph (a)(vi) of the definition of security: to omit crime: (line 37 on page 41) and substitute crime; and.

To insert the following definition after the definition of security (after line 3 on page 42):

special adviser means a person appointed as a special adviser under section 239B

Definition of stowaway: to omit or the person in charge (line 9 on page 42) and substitute , or the person in charge, of the craft.

Definition of subsequent claim: to add (line 17 on page 42) (within the meaning of section 117A of this Act or section 129B of the former Act, as the case may be).

Definition of unlawfully in New Zealand: to omit set out (line 11 on page 43) and substitute given to it.

Clause 4A

To omit this clause (lines 1 to 6 on page 45) and substitute the following clause:

4A Notifications
  • (1) Where this Act or regulations under this Act provide that any notice or other document must be served on or supplied to the Minister, it must be served or supplied in accordance with section 345(1).

    (2) Where this Act or regulations under this Act provide that any notice or other document must be served on or supplied to an immigration officer or a refugee and protection officer, it must be served or supplied in accordance with section 345(2).

    (3) Where this Act or regulations under this Act provide that any notice or other document must be served on or supplied to any other person, or the person must be notified of any decision, matter, or other thing, it must be served, supplied, or notified in accordance with section 345(3).

    (4) Subsections (1) to (3) are subject to section 345(7).

Clause 4B

Subclause (1): to omit this subclause (lines 8 to 14 on page 45) and substitute the following subclauses:

  • (1) A period of time prescribed in this Act for the making of an application under the Act must be calculated excluding—

    • (a) any day that is—

      • (i) a public holiday or a Department holiday determined by the chief executive; and

      • (ii) not a Saturday or Sunday.

  • (1A) A period of time prescribed in this Act for the lodging of an appeal to the Tribunal must be calculated excluding—

    • (a) any day that is—

      • (i) a public holiday or a Department holiday determined by the chief executive; and

      • (ii)  not a Saturday or Sunday; or

    • (b) if the Department is not the department referred to in clause 6 of Schedule 2, any day that is a public holiday and not a Saturday or Sunday, and—

      • (i) any day in the period beginning on 25 December in a year and ending on 2 January in the following year; and

      • (ii) if 1 January falls on a Friday, the following Monday; and

      • (iii) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday.

Subclause (2): to omit Subsection (1) does (line 15 on page 45) and substitute Subsections (1) and (1A) do.

Subclause (2): to add or 176A(3) (line 16 on page 45).

Clause 5

Subclause (2)(c): to omit government or agency (line 5 on page 46) and substitute government, agency,.

Subclause (3)(b): to omit country or any agency of such a government, or by any (lines 14 and 15 on page 46) and substitute country, an agency of a government of another country, or an.

Subclause (5)(c): to omit used to determine (line 32 on page 46) and substitute raised in.

Clause 5C

Subclause (3)(b): to omit this subclause (lines 23 and 24 on page 49) and substitute the following subclauses:

  • (b) the person is served with a deportation order when he or she is outside New Zealand; or

  • (c) the person was deported from New Zealand under the former Act.

Clause 5D

To omit decision or matter (line 26 on page 49) and substitute matter or decision.

Paragraph (b): to omit this paragraph (lines 30 to 32 on page 49) and substitute the following paragraph:

  • (b) if a person purports to apply for the matter or decision, there is no obligation on the decision maker to—

    • (i) consider the purported application; or

    • (ii) inquire into the circumstances of the person or any other person; or

    • (iii) make any further inquiries in respect of any information provided by, or in respect of, the person or any other person; and

Part 2
Core provisions and matters in relation to decision making

Clause 7

Subclause (4)(a): to omit visa (line 32 on page 50) and substitute visa or entry permission.

Subclause (4)(b): to omit this paragraph (lines 33 to 35 on page 50) and substitute the following paragraph:

  • (b) may hold a visa, or be granted entry permission, except a New Zealand citizen who—

    • (i) is a national of 1 or more other countries; and

    • (ii) wishes to enter New Zealand other than as a New Zealand citizen; and

    • (iii) has not been granted New Zealand citizenship, been registered as a New Zealand citizen by descent under section 7(2) of the Citizenship Act 1977, or been issued with an evidentiary certificate under section 21 of the Citizenship Act 1977 confirming that he or she is a New Zealand citizen.

Clause 9

Subclause (3)(c): to insert after section 167 (line 10 on page 53) or 167A.

Clause 11

Subclause (2)(b): to omit may (line 11 on page 54) and substitute must.

Subclause (3): to omit or (2)(b) (line 18 on page 54).

Clause 14A

Paragraph (b): to add (line 15 on page 56) , except in compulsory education (but subject to the Education Act 1989).

Clause 20

Subclause (3)(b): to omit kind (line 6 on page 59) and substitute class or type.

Subclause (3)(d): to omit kind (line 16 on page 59) and substitute class or type.

Subclause (3)(g): to omit person to whom a visa of any particular kind is granted, and the circumstances in which or classes of persons upon whom such (lines 28 to 30 on page 59) and substitute visa of any particular class or type, and the circumstances in which or classes of persons in relation to whom the.

Subclause (5): to insert after resident visas (line 23 on page 60) (other than conditions relating to travel).

Clause 23

Subclause (3)(a): to insert after decision of the (line 15 on page 62) Minister or the.

Subclause (4): to omit to lapse (line 24 on page 62) and substitute that.

Subclause (4): to insert after instructions, (line 26 on page 62) will lapse.

Subclause (5): to omit The effect of lapsing an application is that (line 29 on page 62) and substitute If an application lapses,.

Subclause (6): to omit Where any application is lapsed (line 31 on page 62) and substitute If an application lapses.

Clause 24

Subclause (1B): to omit as to (line 36 on page 63) and substitute on.

Subclause (11)(b): to omit entrance (line 29 on page 65) and substitute entry.

Clause 25

Subclause (1): to omit onshore or in an immigration control area or for entry permission (lines 36 and 37 on page 65) and substitute or entry permission onshore or in an immigration control area.

Subclause (2)(b): to omit request were (line 10 on page 66) and substitute reasons were given in response to.

Subclause (3): to omit this subclause (line 12 on page 66) and substitute the following subclause:

  • (3) Subsection (1) is subject to section 36(2)(cb) and (d).

Clause 27

Subclause (1)(c): to omit process, (line 10 on page 67) and substitute process an application for,.

Subclause (1)(c): to omit an application for (line 11 on page 67).

Subclause (1)(d): to omit process, (line 12 on page 67) and substitute process an application for,.

Subclause (1)(d): to omit an application for (line 12 on page 67).

Subclause (1A): to omit process, (line 15 on page 67) and substitute process an application for,.

Subclause (3): to omit section 40, 41, 41A, 41B, or 41C (lines 22 and 23 on page 67) and substitute any of sections 40 to 41D.

Clause 29

Paragraph (b): to insert before verify (line 6 on page 68) establish or.

Clause 30

Subclause (2)(c)(iii): to omit proceedings. (line 15 on page 70) and substitute proceedings; or.

Subclause (2): to add the following paragraph (after line 15 on page 70):

  • (d) refer the information to the chief executive so that he or she may make an application for a warrant of commitment, or an application or a response to an application for review or release, in accordance with section 288.

Subclause (4): to omit 239A (line 20 on page 70) and substitute 239B.

Clause 31

Subclause (2): to omit sections 215(1), 231(1), and 238(2) (lines 1 and 2 on page 71) and substitute sections 215(1) and 231(1).

Clause 32

Subclause (1): to omit and 238(2) (line 12 on page 71) and substitute 238(2), 239A(4), and 239B(3).

Clause 32A

Subclause (2)(b): to omit the date (line 24 on page 72).

Clause 33

Subclause (1A): to omit used (line 33 on page 72) and substitute relied on.

Subclause (2): to omit be used— (line 36 on page 72) and substitute be—.

Subclause (2)(a): to insert before before the (line 1 on page 73) relied on.

Subclause (2)(ab): to insert before before a (line 6 on page 73) relied on.

Subclause (3): to omit this subclause (lines 26 to 38 on page 73) and substitute the following subclause:

  • (3) If the chief executive of the relevant agency withdraws any classified information,—

    • (a) the classified information must be kept confidential and must not be disclosed by the decision maker, the Tribunal, or the court (as the case may be); and

    • (b) the decision maker, the Tribunal, or the court must continue to make the decision or determine the proceedings—

      • (i) without regard to that classified information (but subject to section 217(2) in the case of the Tribunal); and

      • (ii) in the case of an appeal, a matter, or review proceedings, as if that information had not been available in making the decision subject to the appeal, matter, or review proceedings.

Clause 34

Subclause (1)(c): to add (line 21 on page 74) , if the decision is to be made by a refugee and protection officer.

Subclause (2A): to omit this subclause (line 36 on page 74 to line 3 on page 75) and substitute the following subclause:

  • (2A) For the purposes of making a relevant decision, the classified information may be relied on only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 5(3).

Clause 36

Subclause (1)(b): to omit the type to which section 34 applies (lines 33 and 34 on page 76) and substitute a kind referred to in section 34(1).

Subclause (2)(cb): to insert after control area (line 19 on page 77) or in a place designated by the chief executive under section 343AB.

Clause 36A

Subclause (1)(b): to omit a decision or determining proceedings under this Act, (lines 25 and 26 on page 77) and substitute the decision or determining the proceedings,.

Clause 36B

To omit this clause (lines 1 to 7 on page 78) and substitute the following clause:

36B No right of complaint to Inspector-General of Intelligence and Security
  • No complaint may be made to the Inspector-General of Intelligence and Security about any situation or set of circumstances relating to an act, omission, practice, policy, or procedure done, omitted, or maintained (as the case may be) in connection with a decision under this Act involving classified information (including a determination in proceedings involving classified information).

Part 3
Visas

Clause 37

Subclause (1)(a): to omit this paragraph (lines 4 and 5 on page 79) and substitute the following paragraph:

  • (a) the holder of the visa has permission to—

    • (i) travel to New Zealand in accordance with the conditions of the visa (if any); and

    • (ii) apply for entry permission; and

Subclause (1)(b): to omit travel-related conditions of the visa (lines 8 and 9 on page 79) and substitute conditions of the visa relating to travel.

Subclause (2): to omit this subclause (lines 13 to 20 on page 79) and substitute the following subclauses:

  • (2) A visa granted in an immigration control area indicates that the holder of the visa,—

    • (a) if granted entry permission, has permission to stay in New Zealand in accordance with the conditions of the visa (if any); and

    • (b) has permission to travel to New Zealand subsequently and apply for entry permission in accordance with the conditions of the visa (if any).

  • (2A) A visa granted onshore indicates that the holder of the visa—

    • (a) has permission to stay in New Zealand in accordance with the conditions of the visa (if any); and

    • (b) has permission to travel to New Zealand subsequently and apply for entry permission in accordance with the conditions of the visa (if any).

Subclause (3)(c): to omit police (line 26 on page 79) and substitute Police.

Clause 37A

Heading to clause 37A: to omit Granting (line 29 on page 79) and substitute Grant.

Clause 37B

Heading to clause 37B: to omit Granting (line 6 on page 80) and substitute Grant.

Subclause (2): to omit this subclause (lines 9 to 15 on page 80) and substitute the following subclause:

  • (2) Subsection (1) applies except if the visa granted is—

    • (a) a permanent resident visa; or

    • (b) a resident visa, and the visa was granted in New Zealand.

New clauses 37C and 37D

To insert the following clauses after clause 37B (after line 15 on page 80):

37C Grant of visa may be conditional on payment of bond
  • (1) Before granting a visa to an applicant, the Minister or an immigration officer may require that a bond be paid in accordance with section 353.

    (2) A bond required under subsection (1) may be—

    • (a) forfeited under section 354(1A); or

    • (b) refunded in whole or in part under section 354.

    (3) The fact that a bond is forfeited under section 354(1A) (whether in whole or in part) does not affect other action taken, or that may be taken, in respect of a failure to comply with any conditions imposed on the visa concerned under sections 38 to 41D.

37D Grant of visa may be conditional on sponsorship
  • (1) Before a visa is granted to an applicant, the applicant may be required to supply a written undertaking, in a form approved by the chief executive, by a person (the sponsor) relating to any specified matter or matters.

    (2) The requirement to supply a written undertaking may be imposed by—

    • (a) immigration instructions, in relation to any class or type of visa; or

    • (b) the Minister or an immigration officer, in relation to any particular visa.

    (3) Without limiting subsection (1),—

    • (a) the specified matter or matters in respect of the undertaking may relate to—

      • (i) employment of the applicant and any dependants of the applicant:

      • (ii) accommodation of the applicant and any dependants of the applicant:

      • (iii) maintenance (including the cost of any publicly funded services or benefits) of the applicant and any dependants of the applicant:

      • (iv) costs of repatriation or deportation of the applicant and any dependants of the applicant:

    • (b) an undertaking may relate to the sponsor—

      • (i) providing any matter directly; or

      • (ii) paying the costs of any matter, if the matter is provided by another person.

    (4) A sponsor must be—

    • (a) a New Zealand citizen, permanent resident, or resident; or

    • (b) an organisation that is registered in New Zealand as a company, an incorporated society, or a charitable trust; or

    • (c) a government agency.

    (5) A sponsor who is not a natural person must nominate an individual as the authorised contact for the purposes of the sponsorship.

    (6) A sponsor must also be acceptable to the Minister or the immigration officer, or meet any other criteria required by the relevant immigration instructions, or both, as the case may be.

    (7) It is a matter for the absolute discretion of the Minister or the immigration officer whether a person is acceptable as a sponsor, and no appeal lies against his or her decision, whether to any court, the Tribunal, the Minister, or otherwise.

Clause 38

Subclause (1)(d): to omit or 41C (line 4 on page 81) and substitute 41C, or 41D.

Subclause (2): to omit A visa (line 6 on page 81) and substitute The conditions of a visa relating to travel.

Clause 40

Subclause (1)(a): to add (if any) (line 20 on page 82).

Subclause (2)(a): to add (if any) (line 34 on page 82).

Clause 41

Subclause (1): to omit and from (line 5 on page 84).

Clause 41B

Subclause (2)(a): to omit class or (line 24 on page 85).

Subclause (2)(b): to omit class or (line 26 on page 85).

New clause 41D

To insert the following clause after clause 41C (after line 33 on page 86):

41D Condition that visa holder have sponsor
  • (1) This section applies to a visa holder who, when applying for the visa concerned, was required to provide a written undertaking from a sponsor in accordance with section 37D.

    (2) It is a condition of the visa that—

    • (a) the visa holder have a sponsor for the purposes of the specified matter or matters provided for in the written undertaking; and

    • (b) the sponsor meets the obligations in relation to the specified matter or matters provided for in the undertaking.

    (3) If the sponsor fails to comply with the undertaking—

    • (a) the sponsor owes a debt to the Crown, recoverable by the Crown in a court of competent jurisdiction, if the Crown incurs a cost as a result of the failure; and

    • (b) the sponsor owes a debt to a third party, recoverable by the third party in a court of competent jurisdiction, if a cost has been incurred by the third party as a result of the failure; and

    • (c) the visa holder is deemed to have breached the conditions of his or her visa imposed under subsection (2).

Clause 44

Subclause (3): to insert after notified (line 23 on page 87) to the holder.

Clause 45

To omit this clause (lines 1 to 13 on page 88).

Clause 46

To omit this clause (line 14 on page 88 to line 6 on 90).

Clause 53A

To omit this clause (line 32 on page 94 to line 16 on page 95) and substitute the following clause:

53A Expiry of visa
  • (1) If the holder of a visa is in New Zealand, the visa expires on the earliest of—

    • (a) the beginning of the day after the date specified in the visa as the expiry date:

    • (b) the beginning of the day after the day on which an event specified in the visa as the event on the occurrence of which the visa will expire occurs:

    • (c) the beginning of the day after the last day of the period for which the visa grants stay in New Zealand to the holder:

    • (d) the beginning of the day that is 3 months after the day on which an epidemic management notice expires, if the visa—

      • (i) is a temporary entry class visa to which section 66 applies; and

      • (ii) has not been cancelled earlier.

    (2) If the holder of a visa is outside New Zealand, the visa expires on the earlier of—

    • (a) the day and time the holder left New Zealand, if the conditions of the visa do not allow further travel to New Zealand:

    • (b) the beginning of the day after the date that is specified by the conditions of the visa as the last day of the period of time within which travel is allowed to New Zealand.

Clause 55AA

Subclause (1)(a): to insert after was granted (line 19 on page 96) when the holder was.

Subclause (1)(b): to insert after meets (line 20 on page 96) the rules or criteria of.

Clause 55

Subclause (1)(ba): to insert after section 66 (line 35 on page 96) at any time.

Clause 55A

New paragraph (aa): to insert the following paragraph before paragraph (a) (before line 7 on page 98):

  • (aa) the visa was granted to a person in a place designated by the chief executive under section 343AB and—

    • (i) the person is still in the designated place; or

    • (ii) the person has not left the arrival hall of the airport or port at which he or she arrived in New Zealand; or

Clause 56

Subclause (1): to omit 55B (line 16 on page 98) and substitute 55A.

Subclause (3): to omit this subclause (lines 26 to 28 on page 98) and substitute the following subclauses:

  • (3) If the holder does not agree, he or she remains liable for deportation under section 144(1).

  • (4) Subsection (3) is for the avoidance of doubt.

Clause 57

Subclause (3): to omit under (line 14 on page 99) and substitute made in accordance with.

Clause 59

Subclause (1)(b): to omit this paragraph (lines 24 and 25 on page 100) and substitute the following paragraph:

  • (b) a person who is—

    • (i) onshore; and

    • (ii) the holder of a temporary visa or a resident visa; and

    • (iii) not subject to section 139:

Subclause (1)(c): to omit this paragraph (lines 30 to 36 on page 100) and substitute the following paragraph:

  • (c) a person to whom a visa waiver applies, and who falls within a class prescribed by regulations as a person who may apply for a residence class visa—

    • (i) in a place designated by the chief executive under section 343AB; or

    • (ii) in an immigration control area; or

    • (iii) in a prescribed place.

Clause 61

Paragraph (c): to omit following the grant of entry permission (lines 5 and 6 on page 102).

Clause 62

Subclause (1)(a): to omit this paragraph (lines 12 and 13 on page 102) and substitute the following paragraph:

  • (a) is entitled to—

    • (i) travel to New Zealand; and

    • (ii) apply for entry permission (whether before or after travelling to New Zealand); and

Subclause (1)(b): to omit permission (line 14 on page 102) and substitute permission,.

Subclause (1)(b): to omit conditions (line 15 on page 102) and substitute the conditions of the visa.

New subclause (2): to add the following subclause after subclause (1) (after line 19 on page 102):

  • (2) Subsection (1)(a) applies only if the visa holder's travel to New Zealand is consistent with the conditions of the visa relating to travel.

Clause 65

New subclause (1AA): to insert the following subclause before subclause (1) (before line 3 on page 104):

  • (1AA) A temporary entry class visa may be granted—

    • (a) until a specified date; or

    • (b) until a specified event on the occurrence of which the visa expires; or

    • (c) for a specified period of time.

Subclause (1)(a): to omit this paragraph (lines 4 and 5 on page 104) and substitute the following paragraph:

  • (a) is entitled to—

    • (i) travel to New Zealand; and

    • (ii) apply for entry permission (whether before or after travelling to New Zealand); and

Subclause (1)(b): to omit conditions (line 7 on page 104) and substitute the conditions of the visa.

New subclause (2): to insert the following subclause after subclause (1) (after line 8 on page 104):

  • (2) Subsection (1)(a) applies only if the visa holder's travel to New Zealand is consistent with the conditions of the visa relating to travel.

Clause 68

Subclause (1)(c): to omit this paragraph (lines 9 and 10 on page 106) and substitute the following paragraph:

  • (c) a person who is onshore, is the holder of a temporary visa, and is either—

    • (i) a person to whom section 139(1) and (2) does not apply; or

    • (ii) a claimant to whom section 139(3) applies.

Clause 70

Paragraph (c)(ii): to add (line 24 on page 107) (other than a person to whom section 139 applies).

Clause 71

Heading to clause 71: to add or held (line 27 on page 107).

Clause 75

Subclause (1A)(b): to omit a (line 22 on page 110).

Subclause (2): to omit apply (line 26 on page 110) and substitute applies.

Subclause (6)(b)(iii): to omit police (line 32 on page 111) and substitute Police.

Clause 75A

To omit this clause (line 34 on page 111 to line 2 on page 112) and substitute the following clause:

75A Transit visa may be granted as exception to immigration instructions
  • The Minister or an immigration officer may, in his or her absolute discretion, grant a transit visa to a person as an exception to immigration instructions.

Clause 76

Subclause (2): to omit this subclause (lines 10 to 15 on page 112).

Clause 80

Subclause (2): to omit or visa granted as a result of the expression of interest (lines 7 and 8 on page 114) and substitute made as a result of the expression of interest,.

Subclause (4): to omit interest or visa granted as a result of the expression of interest (lines 16 and 17 on page 114) and substitute interest,.

Clause 81

Subclause (4): to omit fact or change in circumstances (line 6 on page 115) and substitute fact.

Clause 82

Subclause (6): to omit Despite sections 60(1) and 64(1), a (line 6 on page 116) and substitute A.

Part 4
Arrivals and departures

Clause 86

Heading to clause 86: to omit carrier and person in charge of commercial craft (lines 17 and 18 on page 118) and substitute carrier, and person in charge, of commercial craft.

Subclause (1): to omit a carrier, and a person in charge of a commercial craft (lines 20 and 21 on page 118) and substitute a carrier, and a person in charge, of a commercial craft.

Subclause (2): to omit A person to whom this section applies (line 5 on page 119) and substitute The carrier or the person.

Subclause (2)(a): to omit by regulations (line 9 on page 119).

Subclause (2)(b): to omit by regulations (line 12 on page 119).

Subclause (3): to insert after exempt (line 14 on page 119) a carrier or.

New subclause (4): to insert the following subclause after subclause (3) (after line 17 on page 119):

  • (4) In this section, scheduled international service means a series of flights or voyages that are—

    • (a) performed by a craft for the transport of passengers, cargo, or mail between New Zealand and 1 or more points in any other country or territory, if the flights or voyages are so regular or frequent as to constitute a systematic service, whether or not in accordance with a published timetable; and

    • (b) operated in a manner where each flight or voyage is open to use by members of the public.

Clause 87

New subclause (3)(a)(ia): to insert the following subparagraph after subparagraph (i) (after line 9 on page 120):

  • (ia) has been granted entry permission; or

Subclause (7): to omit section 269 does not apply (line 17 on page 121) and substitute nothing in section 269 applies.

Subclause (7): to omit a carrier or person in charge (line 18 on page 121) and substitute a carrier, or a person in charge, of a commercial craft.

New clauses 87A and 87B

To insert the following clauses after clause 87 (after line 21 on page 121):

87A Grant of entry permission outside New Zealand
  • (1) An immigration officer may grant entry permission to a person outside New Zealand if the person—

    • (a) is the holder of a visa (other than a transit visa); and

    • (b) is in a place designated by the chief executive under section 343AB; and

    • (c) has applied for entry permission in the prescribed manner.

    (2) If a person outside New Zealand does not apply for entry permission under subsection (1)(c), section 91 applies to the person on his or her arrival in New Zealand.

87B New Zealand citizen may confirm citizenship before arrival in New Zealand
  • (1) A New Zealand citizen who intends entering New Zealand as a New Zealand citizen may, before boarding a craft for the purpose of travelling to New Zealand, comply with any requirements prescribed for the purpose of confirming a person's status as a New Zealand citizen.

    (2) Otherwise, the person must fulfil the corresponding responsibility under section 91(1)(e) on his or her arrival in New Zealand.

    (3) Subsections (4) and (5) apply to a person who—

    • (a) intends to enter New Zealand as a New Zealand citizen; and

    • (b) presents one of the following types of passport before boarding a craft for the purpose of travelling to New Zealand:

      • (i) a New Zealand passport; or

      • (ii) a foreign passport containing an endorsement of a type described in section 343B; or

      • (iii) a foreign passport containing a returning resident's visa (within the meaning of section 2(1) of the former Act).

    (4) The person may, before boarding the craft, allow himself or herself to be photographed to confirm his or her New Zealand citizenship.

    (5) Otherwise, the person must fulfil the corresponding requirement under section 92 on his or her arrival in New Zealand.

    (6) A photograph taken under subsection (4) (including any electronic record of the photograph) may be compared with—

    • (a) information in the person's passport; or

    • (b) information held by the department of State for the time being responsible for the administration of the Passports Act 1992; or

    • (c) if the person does not hold a New Zealand passport, information held by the Department.

    (7) A photograph taken under subsection (4) must not be retained by the Department if the fact of the person’s New Zealand citizenship is confirmed.

    (8) A photograph taken under subsection (4) that does not confirm the fact of the person's New Zealand citizenship may be retained for the purposes of administering this Act.

Clause 88

Subclause (2): to omit this subclause (lines 31 to 34 on page 121) and substitute the following subclause:

  • (2) If the person fails to allow the biometric information to be collected, the chief executive may decide that the person—

    • (a) may not board the craft; or

    • (b) may board the craft only if the person complies with conditions specified by the chief executive.

Clause 89

Subclause (1): to omit The carrier and the person in charge of any craft (line 14 on page 122) and substitute Except as provided in regulations made under this Act, the carrier, and the person in charge, of any craft.

Subclause (1)(c): to omit by regulations (lines 34 and 35 on page 122).

Subclause (2): to omit the carrier and the person in charge of a craft (lines 1 and 2 on page 123) and substitute the carrier, and the person in charge, of a craft.

New subclause (5): to insert the following subclause after subclause (4) (after line 26 on page 123):

  • (5) In this section, scheduled international service has the meaning given to it in section 86(4).

Clause 90

Heading to clause 90: to omit carriers and persons in charge of craft (line 28 on page 123) and substitute carriers, and persons in charge, of craft.

Subclause (5)(b): to omit this paragraph (lines 29 and 30 on page 124) and substitute the following paragraph:

  • (b) the person has been refused a visa and entry permission—

    • (i) on arrival; or

    • (ii) in a place designated by the chief executive under section 343AB:

Clause 91

Subclause (1)(d)(iii): to insert after the person (line 35 on page 125) is a New Zealand citizen and.

Subclause (1)(d)(iv): to omit 76(6) (line 2 on page 126) and substitute 75(6).

New subclause (2): to insert the following subclause after subclause (1) (after line 11 on page 126):

  • (2) However, the obligation in subsection (1)(e) does not apply if the person, before arriving in New Zealand, has already complied with those requirements in accordance with section 87B.

Subclause (5): to omit arriving in New Zealand (lines 33 and 34 on page 126).

Clause 92

Subclause (1): to omit this subclause (lines 3 to 10 on page 127) and substitute the following subclauses:

  • (1) Subsection (1A) applies to a person who—

    • (a) arrives in New Zealand; and

    • (b) is entering New Zealand as a New Zealand citizen; and

    • (c) presents one of the following types of passport:

      • (i) a New Zealand passport; or

      • (ii) a foreign passport containing an endorsement of a type described in section 343B; or

      • (iii) a foreign passport containing a returning resident's visa (within the meaning of section 2(1) of the former Act).

  • (1A) The person must allow himself or herself to be photographed to confirm his or her New Zealand citizenship.

Subclause (2): to omit (1) (line 15 on page 127) and substitute (1A).

Subclause (3): to omit (1) (line 23 on page 127) and substitute (1A).

Subclause (4): to omit (1) (line 26 on page 127) and substitute (1A).

New subclauses (5) and (6): to add the following subclauses (after line 30 on page 127):

  • (5) The obligation in subsection (1A)

    • (a) is in addition to any requirements prescribed for the purposes of section 91(1)(e) that may apply; but

    • (b) is subject to any prescribed exemptions made in accordance with section 360(i).

  • (6) However, the obligation in subsection (1A) does not apply if the person, before arriving in New Zealand, has already allowed himself or herself to be photographed in accordance with section 87B.

Clause 93

New subclause (4): to insert the following subclause after subclause (3) (after line 18 on page 128):

  • (4) In this section and section 94,—

    customs airport means an aerodrome designated as a customs airport under section 9 of the Customs and Excise Act 1996

    domestic passenger

    • (a) means a passenger who has an entitlement to air travel for a domestic sector on either—

      • (i) an aircraft that begins its journey outside New Zealand and, in the course of that journey, enters New Zealand and travels between at least 2 customs airports in New Zealand; or

      • (ii) an aircraft that begins its journey at a customs airport in New Zealand and, in the course of that journey, travels to at least 1 other customs airport in New Zealand before leaving New Zealand; but

    • (b) does not include an internationally ticketed passenger

    domestic sector means a journey from one customs airport to another within New Zealand

    internationally ticketed passenger means a person who has an entitlement to air travel for a domestic sector, the entitlement being included in travel tickets for an international journey that—

    • (a) began outside New Zealand; or

    • (b) began inside New Zealand and is to continue outside New Zealand.

Clause 95

Subclause (3)(b): to omit this paragraph (lines 1 and 2 on page 130) and substitute the following paragraph:

  • (b) if the person has arrived in New Zealand, the person is liable for turnaround.

Clause 96

New subclause (3A): to insert the following subclause after subclause (3) (after line 10 on page 131):

  • (3A) If the holder of a resident visa granted outside New Zealand intends travelling to New Zealand for the first time as the holder of the visa and applies for entry permission under section 87A(1),—

    • (a) the Minister or, subject to any special direction, an immigration officer may, in his or her discretion,—

      • (i) grant entry permission to the person; or

      • (ii) refuse entry permission to the person; and

    • (b) the Minister may, by special direction, impose further conditions on the visa, or vary or cancel any conditions that would otherwise apply to the visa.

Subclause (4): to omit New Zealand— (line 13 on page 131) and substitute New Zealand,—.

Subclause (4)(a): to omit Minister, (line 14 on page 131) and substitute Minister.

Subclause (5): to omit subsection (4)(a) (lines 21 and 22 on page 131) and substitute subsection (3A)(a) or (4)(a).

Subclause (6): to omit subsection (line 25 on page 131) and substitute subsections (3A) and.

Subclause (6): to insert after officer (line 26 on page 131) , as the case may be,.

Subclause (6)(b): to omit relating to stay in New Zealand (line 33 on page 131).

Clause 96A

Subclause (1)(a): to omit basis or (line 9 on page 132) and substitute basis of.

New subclause (1A): to insert the following subclause after subclause (1) (after line 15 on page 132):

  • (1A) The Minister or an immigration officer may, in his or her discretion, grant the holder of a temporary entry class visa entry permission on the basis of his or her visa but impose further conditions, or vary or cancel any conditions that would otherwise apply to the visa.

Subclause (2): to omit the holder of (line 17 on page 132).

Subclause (2): to omit on the basis of the amended visa (line 20 on page 132).

Subclause (3): to omit , and a decision under subsection (2) (line 23 on page 132).

Clause 103

New subclause (1B): to insert the following subclause after subclause (1A) (after line 19 on page 137):

  • (1B) If the person has been granted entry permission outside New Zealand, entry permission may be revoked at any time before—

    • (a) the person leaves the place designated by the chief executive under section 343AB where the error was made; or

    • (b) the person leaves the arrival hall of the airport or port at which he or she arrived in New Zealand.

Clause 104

To omit member of the police (line 11 on page 138) and substitute constable.

To omit member of the police (lines 13 and 14 on page 138) and substitute constable.

Clause 105

Subclause (1)(a): to insert after applies and (line 36 on page 138) who.

Subclause (1)(b)(ii): to omit 55B (line 7 on page 139) and substitute 55A.

Clause 106

Subclause (1)(b): to omit member of the police (line 9 on page 140) and substitute constable.

Clause 108

Subclause (2): to omit prison (line 16 on page 141) and substitute imprisonment.

Clause 109

Heading to clause 109: to omit carriers and persons in charge of craft (line 32 on page 141) and substitute carriers, and persons in charge, of craft.

Subclause (1): to omit The carrier and the person in charge of a craft (line 33 on page 141) and substitute The carrier, and the person in charge, of a craft.

Subclause (1)(b): to omit member of the police (line 5 on page 142) and substitute constable.

Subclause (2)(a)(i): to omit (if a visa was required) (line 25 on page 142).

Subclause (2)(b): to omit this paragraph (lines 33 to 37 on page 142) and substitute the following paragraph:

  • (b) to pay any costs incurred by the Crown in detaining and maintaining a person described in paragraph (a) pending the person's departure from New Zealand.

Subclause (4): to omit this subclause (lines 1 to 9 on page 143) and substitute the following subclause:

  • (4) The responsibility of the carrier and person in charge under subsection (1)(a) is not affected by the class or type of seat available on the craft, but is subject to—

    • (a) the safety of the craft; and

    • (b) the safety of the other persons on the craft; and

    • (c) in relation to a person being deported, an offer to pay the cost of passage having been received.

Clause 111

To omit entry permission and a temporary entry class visa to the person current until a date not earlier than the 14th day following that return (lines 28 to 30 on page 144) and substitute him or her a temporary entry class visa (current until a date not earlier than the 14th day following that return) and entry permission.

Heading above clause 112

To omit carriers and persons in charge of craft (lines 32 and 33 on page 144) and substitute carriers, and persons in charge, of craft.

Clause 112

Heading to clause 112: to omit carriers and persons in charge of craft (line 34 on page 144) and substitute carriers, and persons in charge, of craft.

Part 5
Refugee and protection status determinations

Clause 113

Paragraphs (a) and (b): to omit these paragraphs (lines 11 to 18 on page 145) and substitute the following paragraphs:

  • (a) determines to whom it has obligations under the United Nations Convention Relating to the Status of Refugees and the Protocol Relating to the Status of Refugees; and

  • (b) codifies certain obligations, and determines to whom it has these obligations, under—

    • (i) the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment:

    • (ii) the International Covenant on Civil and Political Rights.

Clause 117

Subclause (1)(b): to omit this paragraph (lines 26 to 28 on page 147) and substitute the following paragraph:

  • (b) to the extent that a matter relating to a refugee or a person claiming recognition as a refugee is not dealt with in this Act, in a way that is consistent with New Zealand's obligations under the Refugee Convention.

Clause 119

To insert after as a refugee (line 19 on page 148) in accordance with this Act.

New subclause (2): to add the following subclause as subclause (2) (after line 21 on page 148):

  • (2) A person who has been recognised as a refugee under subsection (1) cannot be deported from New Zealand except in the circumstances set out in section 153(3).

Clause 120

Subclause (1): to insert after protected person (line 32 on page 148) in New Zealand.

Subclause (2): to insert after protected person (line 4 on page 149) in New Zealand.

Clause 121

Subclause (1): to insert after protected person (line 26 on page 149) in New Zealand.

Subclause (1AA): to insert after protected person (line 32 on page 149) in New Zealand.

Clause 123

Subclause (2): to omit under section 132, 132A, 133, 133A, or 133B (line 14 on page 151) and substitute under any of sections 132 to 133B.

Clause 124

Subclause (1): to omit member of the police (line 20 on page 151) and substitute constable.

Clause 125

New subclause (1)(c): to add the following paragraph (after line 16 on page 153):

  • (c) 1 or more of the circumstances relating to the claim were brought about by the claimant—

    • (i) acting otherwise than in good faith; and

    • (ii) for a purpose of creating grounds for recognition under section 119.

Subclause (2): to omit whether (line 18 on page 153) and substitute where.

New subclauses (2A) and (2B): to insert the following subclauses after subclause (2) (after line 24 on page 153):

  • (2A) A refugee and protection officer must decline to accept for consideration a claim for recognition as a refugee if the officer is satisfied that 1 or more of the circumstances relating to the claim were brought about by the claimant—

    • (a) acting otherwise than in good faith; and

    • (b) for a purpose of creating grounds for recognition under section 119.

  • (2B) For the purposes of determining the matter in subsection (2A), the refugee and protection officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor.

Subclause (3)(b): to omit by the Minister only after being satisfied (lines 30 and 31 on page 153) and substitute only after the Minister was satisfied.

Clause 128

Subclause (4): to omit under section 132, 132A, 133, 133A, or 133B (lines 27 and 28 on page 157) and substitute under any of sections 132 to 133B.

Clause 130

Subclause (1): to omit this subclause (lines 4 to 12 on page 158) and substitute the following subclauses:

  • (1) A refugee and protection officer must not consider a subsequent claim for recognition as a refugee unless the officer is satisfied—

    • (a) that there has been a significant change in circumstances material to the claim since the previous claim was determined; and

    • (b) the change in 1 or more of the circumstances was not brought about by the claimant—

      • (i) acting otherwise than in good faith; and

      • (ii) for a purpose of creating grounds for recognition under section 119.

  • (1A) For the purposes of determining the matter in subsection (1), the refugee and protection officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor.

Heading above clause 132

To omit recognition, and liability for deportation (lines 9 and 10 on page 159) and substitute recognition.

Clause 132A

Subclause (2): to omit subparagraphs (i), (ii), and (iii) of section 132(1)(b) (lines 34 and 35 on page 160) and substitute section 132(b).

Clause 133

Subclause (1)(a)(iii): to insert after by a refugee and protection officer (lines 34 and 35 on page 161) (or a refugee status officer under the former Act).

Clause 133B

Subclause (2)(a)(iii): to omit refugee (line 4 on page 164) and substitute Refugee.

Clause 136

Heading to clause 136: to omit 133A, or 153 (line 33 on page 164) and substitute or 133A.

To omit determinations under section 132, 133, 133A, or 153, (lines 34 and 35 on page 164) and substitute a determination under section 132, 133, or 133A,—.

Clause 138

Subclause (1): to omit persons who are claimants or (line 16 on page 166) and substitute a claimant or to a person.

Subclause (1)(g): to omit subject to section 140, (line 1 on page 167).

Subclauses (3) and (4): to omit these subclauses (lines 10 to 21 on page 167) and substitute the following subclause:

  • (3) If a claimant, or a person whose recognition as a refugee or a protected person is being investigated, is detained in custody, a refugee and protection officer may require the person having custody of that person to—

    • (a) provide the refugee and protection officer with access to the place where the person is being detained; and

    • (b) produce the person for interview; and

    • (c) make appropriate facilities available for the interview.

Clause 139

Subclause (2)(a): to omit kind (line 6 on page 168) and substitute class or type.

Subclause (3): to omit entry class (line 13 on page 168).

Subclause (3): to omit the claim (line 15 on page 168) and substitute his or her claim.

Subclause (5)(c): to omit entry class (lines 22 and 23 on page 168).

Clause 140

New subclause (3A): to insert the following subclause after subclause (3) (after line 2 on page 171):

  • (3A) If, in relation to a claim or particulars relating to a claim, the test in subsection (2)(e) is satisfied (the person concerned having considered the matters in subsection (3)),—

    • (a) the chief executive may publish the decision of a refugee and protection officer relating to the claim if the chief executive determines that, in the circumstances of the particular case, it is in the public interest to do so:

    • (b) the Attorney-General may, subject to any orders of the Tribunal, publish the decision of the Tribunal relating to the claim if the Attorney-General determines that, in the circumstances of the particular case, it is in the public interest to do so.

Subclause (4)(a): to omit 138(1)(c) (line 6 on page 171) and substitute 138(1)(c) or (g).

Subclause (5): to omit this subclause (lines 17 to 22 on page 171) and substitute the following subclause:

  • (5) Nothing in this section prevents the disclosure of the fact that a person is a claimant, a refugee, or a protected person, or disclosure of particulars in relation to a claimant, a refugee, or a protected person, to the extent that the person concerned—

    • (a) has expressly waived his or her right to confidentiality under this section; or

    • (b) by his or her words or actions, impliedly waived his or her right to confidentiality under this section.

Part 6
Deportation

Clause 142

To omit this clause (lines 13 to 26 on page 172) and substitute the following clause:

142 Purpose of Part
  • (1) The purpose of this Part is to support the integrity of New Zealand's immigration system and the security of New Zealand by providing for the deportation of certain persons from New Zealand.

    (2) To this end, this Part—

    • (a) specifies when a person is liable for deportation; and

    • (b) specifies how that liability must be communicated to the person; and

    • (c) sets out the consequences of the liability for the person; and

    • (d) specifies the only situations in which an appeal right exists in respect of that liability; and

    • (e) provides for the person's deportation to be executed without the need for further inquiries if no appeal is made or an appeal is unsuccessful.

Clause 143

Subclause (2A): to omit of a decision to decline his or her visa application under section 170, (lines 2 and 3 on page 173) and substitute under section 170 of a decision to decline his or her visa application,.

Clause 144

Subclause (1)(a): to insert after Minister (line 34 on page 173) or an immigration officer.

Subclause (1)(b): to omit 55B (line 36 on page 173) and substitute 55A.

Subclause (2A)(b): to insert after Minister (line 7 on page 174) or an immigration officer.

Clause 146

Heading to clause 146: to omit (other than false identity) (line 20 on page 175).

Subclause (4): to omit of the (line 33 on page 175) and substitute of a.

Clause 147

Subclause (2)(a): to insert after his or her (line 34 on page 176) New Zealand.

Subclause (3): to omit of the (line 7 on page 177) and substitute of a.

Clause 148

Heading to clause 148: to omit visa holder (line 17 on page 177).

Subclause (1): to omit this subclause (lines 19 to 23 on page 177) and substitute the following subclause:

  • (1) A resident is liable for deportation if the Minister determines that—

    • (a) the conditions of his or her visa have not been met; or

    • (b) the resident has materially breached the conditions of his or her visa.

Subclause (2): to omit of the (line 25 on page 177) and substitute of a.

Clause 149

Subclause (3): to omit of the (line 10 on page 178) and substitute of a.

Clause 150

Subclause (2): to omit this subclause (lines 7 to 13 on page 179) and substitute the following subclause:

  • (2) A person liable for deportation under this section may, not later than 28 days after being served with a deportation liability notice, appeal to the Tribunal—

    • (a) on humanitarian grounds against his or her liability for deportation; and

    • (b) if he or she is a refugee or a protected person, against any decision of a refugee and protection officer that he or she may be deported.

Subclause (5)(b): to omit of a (line 39 on page 179) and substitute of the.

Subclause (6)(b): to omit 376(3) (line 19 on page 180) and substitute 375(3).

Clause 151

Subclause (2): to omit of the (line 7 on page 181) and substitute of a.

Clause 153

Subclause (4): to omit this subclause (lines 17 to 21 on page 182) and substitute the following subclause:

  • (4) A protected person may be deported to any place other than a place in respect of which there are substantial grounds for believing that the person would be in danger of being subjected to—

    • (a) torture (as defined in section 120(5)); or

    • (b) arbitrary deprivation of life or cruel treatment (as defined in section 121(3)).

Clause 156

Subclause (2): to omit this subclause (line 31 on page 183 to line 5 on page 184) and substitute the following subclauses:

  • (2) Subsection (2A) applies to a person who—

    • (a) is outside New Zealand; and

    • (b) is liable for deportation; and

    • (c) holds a visa.

  • (2A) The person may—

    • (a) appeal against his or her liability for deportation; and

    • (b) travel to New Zealand during the period in which the appeal can be made; and

    • (c) if the person does appeal, travel to New Zealand pending the determination of the appeal.

Clause 157

Subclause (4): to insert after grant of (line 10 on page 185) New Zealand.

Clause 158

New subclause (3): to add the following subclause (after line 29 on page 185):

  • (3) A deportation liability notice may be served on a person by—

    • (a) personal service by an immigration officer (or by another person on behalf of an immigration officer); or

    • (b) registered post addressed to the person's New Zealand address or an address supplied under section 47(2).

Clause 160

Subclause (1): to insert after at any time (line 33 on page 186) , by written notice,.

Subclause (2): to omit this subclause (lines 35 to 38 on page 186) and substitute the following subclause:

  • (2) The Minister may at any time, by written notice, suspend a residence class visa holder's liability for deportation—

    • (a) for a period not exceeding 5 years; and

    • (b) subject to the visa holder complying with any conditions stated in the notice (which take effect from the date specified in the notice, being a date not earlier than the date of notification).

Subclause (3): to omit suspension (line 2 on page 187) and substitute notice.

Subclause (3)(a): to insert after reactivate the (line 3 on page 187) person's.

Subclause (3)(b): to insert after the date the (line 8 on page 187) deportation liability.

Subclause (8): to omit this subclause (lines 23 to 25 on page 187).

Clause 164

Subclause (1): to omit member of the police (line 28 on page 189) and substitute constable.

Subclause (1)(b)(ii): to omit reasons, and the person to whom such reasons are (lines 9 and 10 on page 190) and substitute reason, and the person to whom the reason is.

Subclause (1)(c)(iii): to omit date (line 21 on page 191) and substitute day.

Subclause (1)(e): to omit of a suspension of liability for deportation (line 37 on page 190) and substitute stated in a notice or order suspending his or her liability for deportation under section 160(2) or 191(1).

Subclause (1)(e)(i): to omit this subparagraph (lines 1 to 3 on page 191) and substitute the following subparagraph:

  • (i) 28 days after service of a deportation liability notice on the person under section 160(3) or 191(3)(a), as the case may be; and

New subclause (1A): to omit this subclause (lines 8 to 11 on page 191) and substitute the following subclause:

  • (1A) A deportation order may be served on a person—

    • (a) inside New Zealand or, if the person still holds a visa, outside New Zealand; and

    • (b) by personal service by an immigration officer (or by another person on behalf of an immigration officer) or by registered post addressed to the person's New Zealand address or an address supplied under section 47(2).

New clause 165A

To insert the following clause after clause 165 (after line 37 on page 191):

165A Deportation order may be cancelled
  • (1) An immigration officer may, in his or her absolute discretion, cancel a deportation order served on a person to whom section 143 applies.

    (2) Nothing in subsection (1) gives a person a right to apply for the cancellation of a deportation order. However, an immigration officer must consider cancelling the deportation order of a person who is in New Zealand if the person provides information to the officer concerning his or her personal circumstances, and the information is relevant to New Zealand's international obligations.

    (3) If an immigration officer does consider cancelling a deportation order, whether by way of a purported application or his or her own motion, the officer must have regard to any relevant international obligations, but otherwise—

    • (a) may make a decision as he or she thinks fit; and

    • (b) in doing so, is not under any obligation, whether by implication or otherwise,—

      • (i) to apply any test or any particular test and, in particular, the officer is not obliged to apply the test set out in section 186; or

      • (ii) to inquire into the circumstances of, or to make any further inquiry in respect of the information provided by or in respect of, the person who is the subject of the deportation order or any other person.

    (4) Whether or not an immigration officer considers cancelling a deportation order,—

    • (a) he or she is not obliged to give reasons for any decision, other than the reason that this subsection applies; and

    • (b) section 23 of the Official Information Act 1982 does not apply in respect of the decision.

    (5) However, to the extent that an immigration officer does have regard to any international obligations, the officer is obliged to record—

    • (a) a description of the international obligations; and

    • (b) the facts about the person's personal circumstances.

Clause 167B

Subclause (1)(b): to omit sections (line 20 on page 195) and substitute section.

Part 7
Appeals, reviews, and other proceedings

Clause 169AA

Paragraph (f) of the definition of closed hearing: to omit amicus curiae by a court (line 27 on page 197) and substitute counsel assisting the court or as a special adviser by the Tribunal or the court.

Paragraph (g): to omit a (line 28 on page 197) and substitute the.

Clause 170A

Subclause (2): to omit the onshore holder of a temporary visa in some circumstances (lines 2 and 3 on page 201) and substitute an onshore holder of a temporary visa in the circumstances set out in that section.

Clause 171

Subclause (1)(b): to omit 55A(1) (line 31 on page 201) and substitute 55AA(1).

Subclause (8)(b): to omit offshore (line 19 on page 203) and substitute outside New Zealand.

Clause 172

Subclause (1)(e)(ii): to omit that policy (line 27 on page 204) and substitute those instructions.

Clause 174

Subclause (2): to omit Nothing (line 17 on page 207) and substitute However, nothing.

Subclause (5)(b): to insert after conditions (line 20 on page 208) on the visa.

Clause 174A

Subclause (1): to omit any court (line 34 on page 208) and substitute a court.

Clause 174B

Subclause (1): to omit any court (line 6 on page 209) and substitute a court.

Clause 175

Subclause (3): to omit this subclause (lines 18 to 24 on page 209) and substitute the following subclauses:

  • (3) To the extent that an issue is not dealt with in this Act, the Tribunal, in carrying out its functions in relation to the recognition of a person as a refugee, must act in a way that is consistent with New Zealand’s obligations under the Refugee Convention.

  • (4) The Tribunal, in carrying out its functions in relation to the recognition of a person as a protected person, must act in a way that is consistent with this Act.

Clause 176

Subclause (1)(aa): to omit refuse to consider (line 29 on page 209) and substitute decline to accept for consideration.

Subclause (1)(aa)(i): to omit agreement or arrangement (lines 31 and 32 on page 209) and substitute arrangement or agreement.

Subclause (1)(aa)(ii): to omit agreement or arrangement (lines 1 and 2 on page 210) and substitute arrangement or agreement.

New subclause (1)(aab): to insert the following paragraph after paragraph (aa) (after line 4 on page 210):

  • (aab) under section 125(2A) to decline to accept for consideration the person’s claim to be recognised as a refugee:

Subclause (1)(a): to omit 1 or both of the other grounds set out in those sections) (lines 10 and 11 on page 210) and substitute the grounds set out in another of those sections, or both of those other sections).

Subclause (8): to insert after subsection (1)(aa) (line 25 on page 211) , (aab),.

Subclause (8): to omit either (line 25 on page 211) and substitute either—.

Subclause (9)(a): to omit and in the first place where it appears (line 36 on page 211).

Subclause (9)(a): to omit and in the second place where it appears (line 38 on page 211) and substitute however,.

Subclause (9)(a): to omit substantive (line 1 on page 212) and substitute her.

Subclause (10): to omit deportation (line 7 on page 212) and substitute deportation,.

Clause 176A

Heading to clause 176A: to omit concerning (line 30 on page 212) and substitute for.

Subclause (2): to omit 120, or (line 6 on page 213) and substitute 120, and.

Subclause (2): to omit 1 or both of the other grounds set out in those sections) (lines 8 and 9 on page 213) and substitute the grounds set out in another of those sections, or both of those other sections).

Subclause (4): to omit case, (line 18 on page 213) and substitute case.

Subclause (7)(a): to omit substantive (line 4 on page 214).

Subclause (7)(b): to omit substantive (line 8 on page 214).

Subclause (8): to omit deportation (line 15 on page 214) and substitute deportation,.

Clause 176B

Heading to clause 176B: to omit refusal to consider (line 26 on page 214) and substitute decision declining to accept for consideration.

Subclause (2): to omit this subclause (line 37 on page 214 to line 2 on page 215) and substitute the following subclauses:

  • (2) The Tribunal may uphold or reverse the decision of the refugee and protection officer.

  • (2A) If the Tribunal reverses the decision,—

    • (a) it must refer the claim back to a refugee and protection officer for consideration; and

    • (b) if the decision relates to a person to whom section 176(8) applies, it must dispense with its consideration of any humanitarian appeal lodged by the person in accordance with section 176(9)(a).

New clause 176C

To insert the following clause after clause 176B (after line 5 on page 215):

176C Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee
  • (1) Where an appeal is brought under section 176(1)(aab), the Tribunal must—

    • (a) determine the matter de novo; and

    • (b) determine whether 1 or more of the circumstances relating to the claim were brought about by the claimant—

      • (i) acting otherwise than in good faith; and

      • (ii) for a purpose of creating grounds for recognition under section 119.

    (2) For the purposes of determining the matter in subsection (1), the Tribunal must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor.

    (3) The Tribunal may uphold or reverse the decision of the refugee and protection officer.

    (4) If the Tribunal reverses the decision,—

    • (a) it must refer the claim back to a refugee and protection officer for consideration; and

    • (b) if the decision relates to a person to whom section 176(8) applies, it must, in accordance with section 176(9)(a), dispense with its consideration of any humanitarian appeal lodged by the person .

    (5) To avoid doubt, nothing in subsection (1) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant.

Clause 177

Heading to clause 177: to omit refusal, cancellation, (line 6 on page 215) and substitute declining of claim for recognition, cancellation of recognition,.

Subclause (1A): to omit section 176(1)(c), (line 29 on page 215) and substitute section 176(1)(c) (being an appeal against a decision by a refugee and protection officer to cancel recognition of a New Zealand citizen as a refugee or a protected person on a ground under section 133(1)(a)),.

Subclause (1A)(b): to insert before determine (line 32 on page 215) except if the appeal relates to a ground under section 133(1)(a)(ii),.

Subclause (1A)(b)(i): to omit information; or (line 36 on page 215) and substitute information:.

Subclause (1A)(c): to omit subsection (1)(c) (line 7 on page 216) and substitute subsection (1)(b) and (c) of this section.

Subclause (3A): to omit this subclause (lines 17 to 20 on page 216) and substitute the following subclause:

  • (3A) If the Tribunal reverses a decision in relation to a person to whom section 176(8) applies, the Tribunal must dispense with its consideration of any humanitarian appeal lodged by the person in accordance with section 176(9)(a).

Clause 177A

Paragraph (b): to omit crime or been guilty of any act described in that subsection (lines 32 and 33 on page 216) and substitute crime, or been guilty of any act, described in that paragraph.

Clause 178

Heading to clause 178: to omit decline (line 1 on page 217) and substitute declining.

Subclause (1)(b): to omit this paragraph (lines 9 to 12 on page 217) and substitute the following paragraph:

  • (b) if so, whether the change in 1 or more of the circumstances was brought about by the appellant—

    • (i) acting otherwise than in good faith; and

    • (ii) for a purpose of creating grounds for recognition under section 119.

Subclauses (2) and (3): to omit these subclauses (lines 13 to 23 on page 217) and substitute the following subclauses:

  • (2) The Tribunal must dismiss the appeal if it determines that—

    • (a) there is no significant change in circumstances; or

    • (b) the change in 1 or more of the circumstances was brought about by the appellant—

      • (i) acting otherwise than in good faith; and

      • (ii) for a purpose of creating grounds for recognition under section 119.

  • (3) The Tribunal must consider the claim for recognition in accordance with section 177(1) if it—

    • (a) determines that there is a significant change in circumstances; and

    • (b) does not determine that the change in 1 or more of the circumstances was brought about by the appellant—

      • (i) acting otherwise than in good faith; and

      • (ii) for a purpose of creating grounds for recognition under section 119.

Subclause (6): to omit substantive (line 33 on page 217).

Subclause (8): to omit subsection (6) of section 176A (line 2 on page 218) and substitute section 176A(6).

Subclause (8): to omit subsection (9) of that section (lines 4 and 5 on page 218) and substitute section 176A(7)(a).

Clause 181

Paragraph (a): to insert after result of (line 20 on page 219) an.

Paragraph (f)(i): to insert after the (line 22 on page 220) person's.

Paragraph (f)(ii): to insert after protection officer (line 30 on page 220) (or a refugee status officer under the former Act).

Clause 183

Subclause (3)(a): to omit section 119, 120, or 121 (line 33 on page 221) and substitute sections 119, 120, and 121.

Clause 185

Subclause (3): to omit this subclause (lines 9 to 21 on page 223) and substitute the following subclause:

  • (3) No person may appeal to the Tribunal on humanitarian grounds against his or her liability for deportation if the person has—

    • (a) failed to lodge a humanitarian appeal at the same time as lodging an appeal in relation to a claim or a subsequent claim, where he or she is required to do so under this Act; or

    • (b) had a humanitarian appeal heard by the Tribunal in relation to a claim or a subsequent claim.

Clause 187

Subclause (4): to omit is not entitled to (line 21 on page 224) and substitute may not.

Clause 189

Subclause (5): to insert the following paragraph before paragraph (a) (before line 1 on page 226):

  • (aa) the condition must be treated as if it were a condition imposed by the Minister under section 40 or 41A (as the case may be); and

Subclause (5)(a): to omit that (line 1 on page 226) and substitute the.

Clause 190

To omit this clause (line 8 on page 226 to line 3 on page 227) and substitute the following clause:

190 Effect of successful appeal against liability for deportation
  • (1) If the Tribunal allows an appeal under this Part against liability for deportation, the appellant's liability is cancelled and subsection (2), (3), or (4) applies, as the case may be.

    (2) If the appellant is in custody under this Act, an immigration officer must immediately notify, in writing, the manager or other person in charge of the prison or other premises in which the appellant is detained that the appellant's liability for deportation is cancelled, and the appellant must be immediately released.

    (3) If the appellant is subject to residence or reporting requirements under section 277, an immigration officer must immediately notify, in writing, the appellant (and, if applicable, his or her guarantor) that the appellant's liability for deportation is cancelled, and the appellant ceases to be subject to those requirements.

    (4) If the appellant has been released on conditions under section 282, an immigration officer must immediately notify, in writing, the appellant that his or her liability for deportation is cancelled, and the appellant ceases to be subject to those conditions.

    (5) Subsection (1) applies unless—

    • (a) the appeal concerned is a humanitarian appeal; and

    • (b) the appellant is a resident or a permanent resident; and

    • (c) the Tribunal instead suspends the appellant's liability for deportation under section 191.

    (6) Nothing in this section limits section 188.

    Compare: 1987 No 74 s 107

Clause 191

Subclause (3)(a): to insert after reactivate the (line 30 on page 227) person's.

Clause 191A

Subclause (1): to insert the following paragraph before paragraph (a) (before line 13 on page 228):

  • (aa) subsection (2), (3), or (4) applies, as the case may be; and

Subclause (2): to omit this subclause (lines 24 to 28 on page 228) and substitute the following subclauses:

  • (2) If the person is in custody under this Act, an immigration officer must immediately notify, in writing, the manager or other person in charge of the prison or other premises in which the person is detained that the person's liability for deportation is suspended, and the person must be immediately released.

  • (3) If the person is subject to residence or reporting requirements under section 277, an immigration officer must immediately notify, in writing, the person and the person's guarantor (if applicable) that the person's liability for deportation is suspended, and the person ceases to be subject to those requirements.

  • (4) If the person has been released on conditions under section 282, an immigration officer must immediately notify, in writing, the person that his or her liability for deportation is suspended, and the person ceases to be subject to those conditions.

  • (5) If the Minister determines that a person has met any conditions imposed by the Tribunal under section 191(1) for the duration of the suspension, the Minister must cancel the person's liability for deportation and notify the Tribunal accordingly.

  • (6) If the Tribunal did not impose conditions on the person under section 191(1) and the period of suspension has expired, the Minister must cancel the person's liability for deportation and notify the person and the Tribunal accordingly.

Clause 191B

Subclause (2): to omit appellant (line 34 on page 228) and substitute person.

Subclause (4): to omit receives a (line 5 on page 229) and substitute is served with a deportation liability.

Clause 192

Subclause (1): to insert after against (line 13 on page 229) liability for.

Clause 192A

Subclause (1): to omit refusing (line 23 on page 229) and substitute declining.

Subclause (2): to omit grants (line 33 on page 229) and substitute orders the grant of.

Clause 193

Subclause (2)(c) and (d): to omit these paragraphs (lines 20 to 32 on page 230) and substitute the following paragraphs:

  • (c) to determine applications—

    • (i) made by refugee and protection officers in relation to the cessation of recognition of a person as a refugee or a protected person, if the recognition was originally determined by the Tribunal (or by the Refugee Status Appeals Authority under the former Act):

    • (ii) made by refugee and protection officers in relation to the cancellation of recognition of a New Zealand citizen as a refugee or a protected person, if the recognition was originally determined by the Tribunal (or by the Refugee Status Appeals Authority under the former Act):

    • (iii) made by the Minister under section 191(2) on whether a person has failed to meet his or her conditions of suspension of liability for deportation:

  • (d) to deal with certain transitional matters arising from the repeal of the Immigration Act 1987, in accordance with Part 12 of this Act.

Clause 195

Subclause (1)(d): to omit 214(2) (line 24 on page 231) and substitute 214.

Clause 196

Subclause (1): to omit The (line 14 on page 232) and substitute In addition to deciding appeals and matters in the Tribunal, the.

Clause 197

Subclause (2)(a): to insert after case (line 5 on page 233) (being not more than 3 members).

Clause 199

Subclause (3)(a): to omit must (line 24 on page 234).

Subclause (3)(b): to omit must (line 26 on page 234).

Clause 201

Subclause (2): to omit this subclause (lines 5 to 19 on page 235) and substitute the following subclause:

  • (2) The appellant or affected person must—

    • (a) provide the Tribunal with—

      • (i) a current address in New Zealand to which communications relating to the appeal or matter may be sent or, in the case of an appeal under section 171 by a person who is outside New Zealand, an address to which communications relating to the appeal may be sent; and

      • (ii) if applicable, the appellant's or the affected person's current residential address in New Zealand (if any); and

    • (b) notify the Tribunal in a timely manner of a change in any of those addresses.

Subclause (2A): to omit appeal or (line 22 on page 235).

Clause 203

To omit this clause (lines 20 to 34 on page 236) and substitute the following clause:

203 Information Tribunal may consider
  • (1) When considering an appeal or a matter, the Tribunal may seek information from any source.

    (2) However, the Tribunal is not obliged to seek any information, evidence, or submissions further to those provided by the appellant or the affected person and the Minister, the chief executive, or a refugee and protection officer (as the case may be), and may determine the appeal or matter only on the basis of the information, evidence, and submissions provided by those persons.

    Compare: 1987 No 74 ss 18F(2), 129P(2), 129S

Clause 206

Subclause (2): to insert after fact (line 23 on page 238) that may be.

Clause 208

Subclause (2)(a): to insert after officer (line 10 on page 239) (or a refugee status officer under the former Act).

Subclause (2)(b): to insert after appeal (line 14 on page 239) or other contention of the person.

Clause 210

Subclause (1): to omit imprisonment, (line 35 on page 239) and substitute imprisonment in a prison,.

Subclause (1): to omit release from imprisonment, (line 2 on page 240) and substitute release,.

Clause 214

Subclause (1): to omit this subclause (lines 33 and 34 on page 241) and substitute the following subclause:

  • (1) If proceedings before the Tribunal involve classified information, the Tribunal must consist of—

    • (a) the chair of the Tribunal; or

    • (b) the chair of the Tribunal and 1 or 2 other members.

Subclause (2): to omit The chair of the Tribunal must always be a member and, if any other member or members of the Tribunal are sitting, each (lines 1 and 2 on page 242) and substitute If subsection (1)(b) applies, each member.

Clause 215

Subclause (1)(b): to omit to or a matter before (lines 22 and 23 on page 242) and substitute to, or a matter before,.

Subclause (2): to omit that holds the classified information (lines 28 and 29 on page 242).

Subclause (3): to omit and the special advocate and amicus curiae (lines 1 and 2 on page 243) and substitute , the special advocate, and counsel assisting the court and the special adviser.

Clause 216

Subclause (1): to omit in the Tribunal (line 19 on page 243) and substitute before the Tribunal.

Subclause (2)(a): to omit that holds the classified information concerned (lines 22 and 23 on page 243).

Subclause (2)(c): to omit the amicus curiae (line 2 on page 244) and substitute counsel assisting the court and the special adviser.

Subclause (2A): to omit this subclause (lines 4 to 9 on page 244) and substitute the following subclause:

  • (2A) For the purposes of making its decision, the Tribunal may rely on the classified information only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 5(3).

Subclause (3)(b): to omit and (line 16 on page 244) and substitute or.

Clause 217

Subclause (1)(d)(ii): to omit this subparagraph (lines 20 to 24 on page 245) and substitute the following subparagraph:

  • (ii) the relevant criteria under which the decision appealed against or to which the matter relates was made.

Clause 217A

To insert after In any (line 15 on page 246) oral hearing for.

Clause 219

Subclause (3A): to omit which, by reason of its general or public importance or for any other reason, ought to be submitted to the court (lines 15 and 16 on page 247) and substitute that by reason of its general or public importance or for any other reason ought to be submitted to the High Court.

Subclause (5): to omit Court (line 29 on page 247) and substitute court.

Clause 221

Subclause (2): to omit which, by (line 18 on page 248) and substitute that by.

Clause 222

Subclause (1): to omit the decision to which the review proceedings relate is notified to the person, (line 36 on page 248 and line 1 on page 249) and substitute the person concerned is notified of the decision,.

Subclause (2)(a): to omit together (line 7 on page 249).

Subclause (2)(a): to insert after review (line 8 on page 249) together.

Clause 222A

Subclause (1): to omit the respondent (line 23 on page 249) and substitute a respondent.

Subclause (2): to omit this subclause (lines 25 to 27 on page 249).

Clause 223

Subclause (1): to omit any decision (line 30 on page 249) and substitute a decision.

Clause 223A

Heading to clause 223A: to omit judicial review applications (line 1 on page 250) and substitute review proceedings.

To omit judicial review application (lines 3 and 4 on page 250) and substitute review proceedings.

New clause 223B

To insert the following clause after clause 223A (after line 8 on page 250):

223B Relationship with Judicature Act 1908 and Supreme Court Act 2003
  • The Judicature Act 1908 and the Supreme Court Act 2003 are subject to sections 222, 222A, 223, 223A, and 234.

Clause 224

Subclause (1): to omit a nominated Judge or (lines 14 and 15 on page 250) and substitute 1 or more nominated.

Subclause (2)(a) to omit Judge; or (line 17 on page 250) and substitute Judge:.

Subclause (2)(b): to omit another (line 18 on page 250) and substitute a.

Clause 225

Heading to clause 225: to omit judicial review (line 27 on page 250) and substitute review proceedings.

Subclause (3): to omit 239A (line 4 on page 251) and substitute 239B.

Clause 226

Subclause (3): to omit 239A (line 23 on page 251) and substitute 239B.

Clause 227A

Subclause (2)(a): to omit that holds the classified information concerned (lines 7 and 8 on page 252).

Subclause (2)(c): to insert after appellant (line 17 on page 252) , respondent,.

Subclause (2)(c): to omit the amicus curiae (line 18 on page 252) and substitute counsel assisting the court and the special adviser.

Subclause (3): to omit this subclause (lines 19 to 24 on page 252) and substitute the following subclause:

  • (3) For the purposes of making its decision, the court may rely on the classified information only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 5(3).

Subclause (4)(b): to add (line 30 on page 252) or who made the application to which the proceedings apply.

Clause 231

Subclause (1)(b): to omit to or a matter before (lines 31 and 32 on page 254) and substitute to, or a matter before,.

Subclause (4): to omit The (line 21 on page 255) and substitute In any oral hearing, the.

Clause 232

Subclause (1): to omit 239A, (line 26 on page 256) and substitute 239B,.

Clause 234

Subclause (2)(d): to omit of the (line 29 on page 257) and substitute of a.

Clause 235

Subclause (4): to omit chief executive of the relevant agency (line 18 on page 259) and substitute Minister or a refugee and protection officer (as appropriate).

New subclause (4A): to insert the following subclause after subclause (4) (after line 27 on page 259):

  • (4A) Before providing access to the classified information, the Minister or the refugee and protection officer must consult the chief executive of the relevant agency.

Clause 236

Subclause (4): to omit he or she (line 19 on page 260) and substitute the special advocate.

Clause 237

Subclauses (1) and (2): to omit these subclauses (line 36 on page 260 to line 12 on page 261) and substitute the following subclauses:

  • (1) The Minister or a refugee and protection officer (as appropriate) must notify the designated agency if it is likely that a decision under this Act (other than a decision on appeal to, or in relation to a matter before, the Tribunal)—

    • (a) will be made relying on classified information; and

    • (b) may be subject to appeal.

  • (2) The designated agency must provide the names of no fewer than 3 possible special advocates to a person who is the subject of a decision under this Act (other than a decision on appeal to, or in relation to a matter before, the Tribunal)—

    • (a) if the decision relies on classified information and a person subject to the decision appeals it; and

    • (b) not later than 3 days after the person lodges the appeal.

Subclauses (4) and (5): to omit these subclauses (lines 16 to 31 on page 261) and substitute the following subclauses:

  • (4) The chief executive or the Minister (as appropriate) must notify the designated agency if—

    • (a) classified information is first raised or proposed to be raised in the course of an appeal to, or a matter before, the Tribunal; or

    • (b) a person appeals against a decision of the Tribunal and the Tribunal relied on classified information in making the decision; or

    • (c) a person brings review proceedings in relation to any decision made under this Act and the decision maker relied on classified information in making the decision.

  • (5) The designated agency must provide the names of no fewer than 3 possible special advocates to the appellant, applicant, or affected person, as the case may be, no later than 3 days after receiving a notification under subsection (4).

Clause 237A

Subclauses (2) and (2A): to omit these subclauses (lines 22 to 33 on page 262) and substitute the following subclauses:

  • (2) If the person has been arrested and detained under Part 9, the Department must contact the designated agency as soon as practicable after the person is arrested and detained and make arrangements for a special advocate to whom section 236(5) applies to be available, on behalf of the person, for the warrant of commitment hearing.

  • (2A) If the person has been detained under a warrant of commitment, or released on conditions under section 282, the Department must contact the designated agency as soon as practicable after it becomes apparent that this section applies to the person and make arrangements for a special advocate to whom section 236(5) applies to be available, on behalf of the person, for the hearing of the application.

  • (2B) If an application on a matter to which subsection (2) or (2A) applies is made directly to the High Court, or is transferred to the High Court, the special advocate concerned must be provided with access to the classified information provided to the High Court before the application is heard (and he or she may not unreasonably refuse to be provided with access to the classified information).

Clause 238

Subclause (1AA): to omit section, (line 36 on page 262) and substitute section (other than subsection (2)),.

Subclause (1AA)(b): to omit for (line 3 on page 263) and substitute to.

New subclause (1AB): to insert the following subclause after subclause (1AA) (after line 4 on page 263):

  • (1AB) In subsection (2), person A means—

    • (a) a person who has appointed a special advocate under section 237(6); or

    • (b) a person for whom a special advocate has been made available under section 237(6A).

Subclauses (1) and (2): to omit these subclauses (lines 16 to 30 on page 263) and substitute the following subclauses:

  • (1) A special advocate may communicate with person A or person A's representative on an unlimited basis until the special advocate has been provided with access to the classified information concerned, but once he or she has been provided with access to the classified information, he or she may not communicate with any person about any matter connected with the proceedings involving the classified information except in accordance with this section.

  • (2) The Minister or a refugee and protection officer (as appropriate) must provide the special advocate with access to the classified information on any date that is 29 days or more after the date on which person A was provided with the names of possible special advocates under section 237(2) or (5) or, as the case may be, had a special advocate made available to him or her under section 237(6A).

Subclause (2A): to omit this subclause (lines 31 and 32 on page 263).

Subclause (4): to omit The (line 36 on page 263) and substitute A.

New subclause (4)(ba): to insert the following paragraph after paragraph (b) (after line 4 on page 264):

  • (ba) the refugee and protection officer concerned, or the refugee and protection officer's security-cleared representative:

New subclause (4)(ca): to insert the following paragraph after paragraph (c) (after line 6 on page 264):

  • (ca) the chief executive of the Department, if the proceedings relate to an application to which section 288 applies:

Subclause (5): to omit representative, (line 14 on page 264) and substitute representative.

Subclause (10)(a): to omit writing: (line 11 on page 265) and substitute writing; and.

Clause 239A

Heading to clause 239A: to omit amicus curiae (line 1 on page 266) and substitute counsel assisting the court.

Subclause (1): to omit an amicus curiae (line 2 on page 266) and substitute counsel assisting the court.

Subclause (2): to omit The amicus curiae (line 5 on page 266) and substitute Counsel assisting the court.

Subclause (4): to omit the amicus curiae (line 11 on page 266) and substitute counsel assisting the court.

Subclause (5): to omit An amicus curiae (line 13 on page 266) and substitute Counsel assisting the court.

New subclause (6): to add the following subclause after subclause (5) (after line 15 on page 266):

  • (6) Counsel assisting the court may be removed from office by the Tribunal or a court for inability to perform the role of counsel assisting the court, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the Tribunal or the court.

New clauses 239B and 239C

To insert the following clauses after clause 239A (after line 15 on page 266):

239B Tribunal or court may appoint special adviser
  • (1) The Tribunal or a court may appoint a cultural, medical, intelligence, military, or other special adviser for the purposes of giving advice in any proceedings before it involving classified information.

    (2) The special adviser must hold an appropriate security clearance given by the chief executive of the Ministry of Justice.

    (3) The Tribunal or the court may provide the special adviser with access to the classified information concerned as it thinks fit.

    (4) A special adviser must keep confidential and must not disclose classified information, except as expressly provided under this Act.

    (5) Subsection (1) applies regardless of whether—

    • (a) the person concerned has appointed a special advocate or a special advocate has been made available for the person; and

    • (b) the Tribunal or the court has appointed counsel assisting the court for the purposes of the proceedings.

    (6) A special adviser may be removed from office by the Tribunal or a court for inability to perform the role of special adviser, neglect of duty, bankruptcy, or misconduct proved to the satisfaction of the Tribunal or the court.

239C Payment to counsel assisting the court or special adviser
  • (1) The Tribunal or the court concerned may make the order it thinks just for payment to—

    • (a) counsel assisting the court appointed for any proceedings under section 239A; and

    • (b) a special adviser appointed for any proceedings under section 239B.

    (2) The Registrar of the Tribunal or the court must send a copy of the order to the chief executive of the department of State referred to in clause 6 of Schedule 2, who must then make the payment out of money appropriated by Parliament for that purpose.

Part 8
Compliance and information

Clause 240

Paragraph (b): to omit the (line 27 on page 266).

Paragraph (c): to omit this paragraph (lines 30 to 34 on page 266) and substitute the following paragraph:

  • (c) to authorise the Department to share information with other persons and agencies, to enable—

    • (i) the persons and agencies to effectively administer and comply with certain legislation or to check a person's eligibility for publicly funded services; and

    • (ii) the Department to effectively administer this Act:

Paragraph (d): to omit members of the police (line 35 on page 266) and substitute constables.

Clause 240A

To omit information, (lines 3 and 4 on page 267) and substitute information.

To insert after includes (line 5 on page 267) a reference to.

Clause 244

Subclause (1)(b): to insert after with (line 4 on page 270) the employer's.

Clause 246

Subclause (1): to omit any person (line 15 on page 272) and substitute a person.

Subclause (1)(a): to omit where (line 22 on page 272) and substitute if.

Clause 247

Subclause (1)(a): to omit where (line 24 on page 273) and substitute if.

Clause 250

Subclause (1)(a): to omit any (line 32 on page 275) and substitute an.

Subclause (2)(a): to omit form of (line 11 on page 276).

Clause 252

Subclause (1)(a): to omit any (line 20 on page 277) and substitute an.

Subclause (1)(b): to omit any (line 24 on page 277) and substitute a.

Clause 254

Paragraph (b): to omit an iris scan of the person (line 27 on page 278) and substitute a scan of the person's irises.

Clause 256

Subclause (1)(b): to omit this paragraph (lines 24 to 26 on page 279) and substitute the following paragraph:

  • (b) the person has refused to allow biometric information to be collected from him or her in response to a requirement to do so by an immigration officer under section 255(2).

Subclause (2)(b): to omit collection of biometric information (lines 36 and 37 on page 279) and substitute biometric information collected.

Subclause (3)(b): to omit are entitled to appear and to (lines 6 and 7 on page 280) and substitute may appear and may.

Clause 260

To omit Every member of the police (line 26 on page 281) and substitute For the purposes of this Act, a constable.

To omit any of the provisions of (line 27 on page 281).

Heading above clause 261

To omit immigration (line 1 on page 282).

Clause 261

Heading to clause 261: to omit this heading (lines 3 to 5 on page 282) and substitute Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence.

Definition of identifying information in subclause (8): to omit this definition (lines 29 to 37 on page 284) and substitute the following definition:

identifying information includes a person's—

  • (a) full name:

  • (b) date and place of birth:

  • (c) gender:

  • (d) unique identifying number used by the responsible department:

  • (e) unique identifying number used by the Department:

  • (f) biometric information:

  • (g) citizenship:

  • (h) alias or aliases.

Clause 262

Heading to clause 262: to omit this heading (lines 1 to 3 on page 285) and substitute Information matching to locate person in serious default of payment of fine.

Definition of authorised officer in subclause (6): to insert after supply information to (line 27 on page 286) or receive information from.

Clause 265

Heading to clause 265: to omit this heading (lines 6 to 8 on page 289) and substitute Information matching to verify social security benefit matters.

Subclause (1): to omit by the Department to (line 10 on page 289) and substitute between the Department and.

New subclause (1A): to insert the following subclause after subclause (1) (after line 17 on page 289):

  • (1A) The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department identifying information about any person who has applied to receive, is receiving, or has received a benefit.

Subclause (2): to omit this subclause (line 18 on page 289 to line 12 on page 290) and substitute the following subclauses:

  • (2) The chief executive of the Department may—

    • (a) compare any information he or she receives under subsection (1A) with any information held by the Department that relates to the person; and

    • (b) if the Department has immigration information about the person, and he or she is a person described in subsection (2A), supply the information described in subsection (3) in relation to the person to an authorised officer in accordance with the arrangements made under subsection (1A).

  • (2A) The person—

    • (a) is a person who the chief executive of the Department believes is unlawfully in New Zealand; or

    • (b) is a person on whom an immigration officer or a constable may serve a deportation order under section 164(1); or

    • (c) is a person who is lawfully in New Zealand, but only by virtue of being the holder of a temporary entry class visa; or

    • (d) is a person who has made a claim for recognition, or has been recognised, as a refugee or a protected person; or

    • (e) is a person who has lodged an appeal against the decision of a refugee and protection officer to decline his or her claim for recognition as a refugee or a protected person; or

    • (f) is a person whose appeal against the decision of a refugee and protection officer to decline his or her claim for recognition as a refugee or a protected person has been determined; or

    • (g) is a person who has been deported (whether under this Act or the former Act).

Subclause (3): to omit paragraphs (f) and (g) (lines 19 and 20 on page 290) and substitute the following paragraphs:

  • (f) the person's immigration status, including—

    • (i) the start date of any visa granted to the person; and

    • (ii) the expiry date of any visa granted to the person:

  • (g) whether the person has applied for a residence class visa and, if so, the date on which the application was made:

  • (ga) the date on which a deportation order was served on the person (if applicable):

Subclause (3): to insert the following paragraph after paragraph (h) (after line 22 on page 290):

  • (ha) the date on which the person made a claim (if any) for recognition as a refugee or a protected person:

Subclause (3)(i): to add (line 25 on page 290) and the date on which the decision was made.

Subclause (3)(j): to add (line 27 on page 290) and, if so, the date on which the appeal was lodged.

Subclause (3)(k): to add (line 28 on page 290) and the date of the decision.

New subclause (3)(l): to add the following paragraph after paragraph (k) (after line 28 on page 290):

  • (l) if the person is a refugee or a protected person, whether he or she has applied for a visa and, if so, the type of visa applied for and the date on which the application was made.

Definition of benefit in subclause (6): to omit and includes (line 22 on page 291) and substitute but includes.

Subclause (6): to add the following definition (after line 27 on page 291):

identifying information, in relation to a person, includes—

  • (a) the person's full name and gender:

  • (b) any aliases known to the responsible department to be used by the person:

  • (c) the person's date of birth:

  • (d) the person's address.

Clause 266

Heading to clause 266: to omit this heading (lines 29 and 30 on page 291) and substitute Information matching to recover costs of visa holder's social security benefit from sponsor.

Subclauses (1) and (2): to omit these subclauses (line 31 on page 291 to line 26 on page 292) and substitute the following subclauses:

  • (1) The purpose of this section is to facilitate the disclosure of information between the department of State for the time being responsible for the administration of the Social Security Act 1964 (the responsible department) and the Department for the purpose of enabling the Department to recover from a sponsor (as defined in section 37D of this Act) the costs of any benefit paid to a person that are recoverable under an undertaking given by the sponsor under that section in accordance with section 41D.

  • (1A) The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section and, in accordance with those arrangements, the chief executive of the Department may supply to the chief executive of the responsible department identifying information about any person in respect of whom an undertaking relating to the payment of a benefit has been given under section 37D of this Act.

  • (2) The chief executive of the responsible department may—

    • (a) compare any information he or she receives under subsection (1A) with any information held by the responsible department that relates to the person; and

    • (b) if the responsible department has information about the person, and he or she has received, or is receiving, a benefit, supply the information described in subsection (2A) in relation to the person to an authorised officer in accordance with the arrangements made under subsection (1A).

  • (2A) The information is—

    • (a) the person's full name and gender:

    • (b) any aliases known to the responsible department to be used by the person:

    • (c) the person's date of birth:

    • (d) the person's address:

    • (e) the nature of the benefit provided to the person:

    • (f) the amount of the benefit provided to the person:

    • (g) the period during which the benefit was provided to the person:

    • (h) any unique identifying number used by the responsible department in relation to the person.

Definition of benefit in subclause (6): to omit and includes (line 20 on page 293) and substitute but includes.

Paragraph (b) of the definition of benefit in subclause (6): to omit or (da) (line 25 on page 293).

Subclause (6): to add the following definition (after line 25 on page 293):

identifying information, in relation to a person, includes—

  • (a) the person's full name and gender:

  • (b) any aliases known to the Department to be used by the person:

  • (c) the person's date of birth:

  • (d) the person's address.

New clause 266A

To insert the following clause after clause 266 (after line 25 on page 293):

266A Information matching to determine eligibility or liability to pay for publicly funded health and disability support services
  • (1) The purpose of this section is to facilitate the disclosure of information between the Department and the responsible department to enable the responsible department to determine—

    • (a) a person's eligibility for access to publicly funded health and disability support services; or

    • (b) a person's liability to pay for publicly funded health and disability support services the person has received.

    (2) The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, make arrangements between them in writing for the disclosure of information under this section.

    (3) In accordance with those arrangements, the chief executive of the responsible department may supply to the chief executive of the Department identifying information about—

    • (a) a person who seeks access to publicly funded health and disability support services; or

    • (b) a person for whom access is sought to publicly funded health and disability support services; or

    • (c) a person who has received publicly funded health and disability support services.

    (4) The chief executive of the Department may compare the information he or she receives with information that the Department holds about the person.

    (5) If the Department holds immigration information about the person, the chief executive of the Department may supply the information described in subsections (6) and (7) to an authorised officer in accordance with the arrangements made under subsection (2).

    (6) The information is—

    • (a) the person's identifying information:

    • (b) the person's immigration status, including—

      • (i) the start date of any visa granted to the person:

      • (ii) the expiry date of any visa granted to the person:

      • (iii) the date on which the person was granted entry permission:

      • (iv) the conditions, if any, relating to the person’s immigration status:

      • (v) any changes to the person's immigration status and the dates of the changes:

      • (vi) any action taken under this Act in relation to the person and the date of the action:

    • (c) the date or dates on which the person leaves or has left New Zealand:

    • (d) the start date of any permit granted to the person under the former Act:

    • (e) the expiry date of any permit granted to the person under the former Act:

    • (f) if the person was exempt from the requirement to hold a permit under the former Act, the period of the exemption.

    (7) The information is also, if it is relevant to the matter to be determined by the responsible department,—

    • (a) the immigration status of an associated person (for example, the person's spouse, civil union partner, de facto partner, or parent), including—

      • (i) the start date of any visa granted to the associated person:

      • (ii) the expiry date of any visa granted to the associated person:

      • (iii) the date on which the associated person was granted entry permission:

      • (iv) the conditions, if any, relating to the associated person's immigration status:

      • (v) any changes to the associated person's immigration status and the dates of the changes:

      • (vi) any action taken under this Act in relation to the associated person and the date of the action:

    • (b) the date or dates on which the associated person leaves or has left New Zealand:

    • (c) the start date of any permit granted to the associated person under the former Act:

    • (d) the expiry date of any permit granted to the associated person under the former Act:

    • (e) if the associated person was exempt from the requirement to hold a permit under the former Act, the period of that exemption.

    (8) The chief executive of the Department and the chief executive of the responsible department may, for the purposes of this section, determine by agreement between them—

    • (a) the frequency with which information may be supplied; and

    • (b) the form in which the information may be supplied; and

    • (c) the method by which the information may be supplied.

    (9) In this section,—

    authorised officer means an officer, employee, or agent of the responsible department who is authorised by the chief executive of the responsible department to receive information from the chief executive of the Department in accordance with this section

    identifying information means information that identifies a person, such as the person’s full name, date or place of birth, gender, or alias or a unique identifying number used for the person

    publicly funded health and disability support services means health services and disability support services funded under the New Zealand Public Health and Disability Act 2000

    responsible department means the department of State for the time being responsible for the administration of the New Zealand Public Health and Disability Act 2000.

Clause 267

Subclause (1)(b): to insert after where a person (line 33 on page 293) is being or.

Subclause (2): to omit this subclause (line 36 on page 293 to line 2 on page 294) and substitute the following subclause:

  • (2) For the purpose of this section, an authorised officer may supply to the chief executive any identifying information about—

    • (a) a person who seeks access to a publicly funded service; or

    • (b) a person for whom access is sought to a publicly funded service; or

    • (c) a person who is receiving or has received a publicly funded service.

Subclause (3)(b) and (c): to omit these paragraphs (lines 7 to 22 on page 294) and substitute the following paragraphs:

  • (b) the person's immigration status, including—

    • (i) the start date of any visa granted to the person:

    • (ii) the expiry date of any visa granted to the person:

    • (iii) the date on which the person was granted entry permission:

    • (iv) the conditions, if any, relating to the person's immigration status:

    • (v) any changes to the person's immigration status, and the dates of the changes:

    • (vi) any action taken under this Act in relation to the person, and the date of the action:

  • (c) the date or dates on which the person leaves or has left New Zealand:

  • (d) the start date of any permit granted to the person under the former Act:

  • (e) the expiry date of any permit granted to the person under the former Act:

  • (f) if the person was exempt from the requirement to hold a permit under the former Act, the period of that exemption:

  • (g) if relevant to the matter to be determined by the service provider,—

    • (i) the immigration status of an associated person (for example, the person's spouse, civil union partner, de facto partner, or parent), including—

      • (A) the start date of any visa granted to the associated person:

      • (B) the expiry date of any visa granted to the associated person:

      • (C) the date on which the associated person was granted entry permission:

      • (D) the conditions, if any, relating to the associated person's immigration status:

      • (E) any changes to the associated person's immigration status, and the dates of the changes:

      • (F) any action taken under this Act in relation to the associated person, and the date of the action:

    • (ii) the date or dates on which the associated person leaves or has left New Zealand:

    • (iii) the start date of any permit granted to the associated person under the former Act:

    • (iv) the expiry date of any permit granted to the associated person under the former Act:

    • (v) if the associated person was exempt from the requirement to hold a permit under the former Act, the period of that exemption.

Subclauses (6) and (7): to omit these subclauses (lines 9 to 21 on page 295) and substitute the following subclauses:

  • (6) The chief executive must consult the Privacy Commissioner before entering into or varying an agreement under this section.

  • (7) If the Privacy Commissioner so requires, the service provider must undertake a review of an arrangement under this section, and the way in which information is disclosed under it, and report the result to the Commissioner as soon as practicable after conducting the review.

  • (7A) The Privacy Commissioner must not require the service provider to undertake a review under subsection (7) within 12 months of last doing so.

Subclause (9): to omit The chief executive must ensure that each annual report of the Department (lines 26 and 27 on page 295) and substitute The service provider must ensure that each of its annual reports.

Subclause (10): to add the following definition (after line 8 on page 296):

service provider means a person, including a government agency, providing, or arranging the provision of, a publicly funded service.

New clauses 267A and 267B

To insert the following clauses after clause 267 (after line 8 on page 296):

267A Disclosure of information to enable Department to check identity, character, and status
  • (1) The purpose of this section is to facilitate the disclosure of information by a specified agency to the Department to enable the Department to—

    • (a) establish or verify a person's identity:

    • (b) check matters relating to a person's character:

    • (c) ascertain whether a person is an excluded person.

    (2) For the purposes of this section, the chief executive of the Department may supply identifying information about the following persons to the chief executive of the specified agency:

    • (a) a person who holds a visa:

    • (b) a person to whom a visa waiver applies:

    • (c) a person who applies for a visa:

    • (d) a person who applies for entry permission:

    • (e) a person who is deemed to have been granted entry permission:

    • (f) a person who travels to New Zealand, including as a member of the crew of a craft, and does not enter New Zealand as a New Zealand citizen:

    • (g) a person about whom the chief executive has received and retained information under section 86 or 90 and who does not enter New Zealand as a New Zealand citizen:

    • (h) a person liable for turnaround or who the chief executive of the Department suspects is liable for turnaround:

    • (i) a person who the chief executive of the Department believes is unlawfully in New Zealand:

    • (j) a person who may be, or may become as a result of investigations, liable for deportation.

    (3) The chief executive of the specified agency may compare the information he or she receives with information that the specified agency holds about the person.

    (4) If the specified agency holds information about the person, the chief executive of the specified agency may supply the information described in subsection (5) to an authorised officer under an agreement to which subsection (6) applies.

    (5) The information is—

    • (a) the person's identifying information:

    • (b) the person's previous convictions:

    • (c) the person's modus operandi:

    • (d) details of the person's known or suspected involvement in illegal activities:

    • (e) details of the person's known currency and other financial transactions of relevant interest, including known or suspected involvement in money laundering:

    • (f) intelligence analysis assessments of and reports about the person:

    • (g) details of communications interceptions involving the person:

    • (h) the person's general history known to the specified agency (which may include information about associates and networks):

    • (i) the person's past travel movements.

    (6) The following provisions apply to an agreement:

    • Making
    • (a) it must not be made until the chief executive of the specified agency has consulted the Privacy Commissioner about it:

    • (b) it must be made between the chief executive of the specified agency and the chief executive of the Department:

    • (c) it must be in writing:

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    • (d) it must state the criteria for the disclosure under it of information by the specified agency to the Department:

    • (e) it must state the use that the Department may make of the information disclosed to it:

    • (f) it must—

      • (i) state that the Department must not disclose the information disclosed to it to any other agencies, bodies, or persons; or

      • (ii) state the other agencies, bodies, or persons to which the Department may disclose information disclosed to it, the extent to which the Department may disclose the information, and the conditions subject to which the Department may disclose the information:

    • (g) it may state the form in which the information may be disclosed:

    • (h) it may state the method by which the information may be disclosed:

    • Varying
    • (i) it may be varied:

    • (j) it must not be varied until the chief executive of the specified agency has consulted the Privacy Commissioner about the variation:

    • Reviews and reports
    • (k) it, and the arrangements for disclosure under it, must be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the Department at intervals of no less than 12 months, if the Privacy Commissioner so requires.

    (7) The chief executive of the Department must ensure that each annual report of the Department includes information about agreements between the chief executive of the Department and the chief executive of the specified agency under this section, including—

    • (a) the number of agreements; and

    • (b) an outline of each agreement; and

    • (c) the number of cases in which the accuracy of the information disclosed by the chief executive of the specified agency was challenged.

    (8) In this section,—

    authorised officer means an officer, employee, or agent of the Department who is authorised by the chief executive of the Department to receive information from the chief executive of the specified agency in accordance with this section

    chief executive of the specified agency includes the Commissioner of Police

    identifying information means a person's—

    • (a) full name:

    • (b) date and place of birth:

    • (c) gender:

    • (d) unique identifying number used by the Department:

    • (e) unique identifying number used by the specified agency:

    • (f) biometric information:

    • (g) alias or aliases:

    • (h) address:

    • (i) distinguishing features:

    • (j) details of travel documents:

    • (k) details of identity documents:

    • (l) citizenship:

    • (m) nationality

    specified agency means—

    • (a) the New Zealand Police:

    • (b) the Ministry of Justice:

    • (c) the department of State responsible for the administration of the Biosecurity Act 1993:

    • (d) the department of State responsible for the administration of the Corrections Act 2004:

    • (e) the department of State responsible for the administration of the Customs and Excise Act 1996.

267B Disclosure of information to enable specified agencies to check identity and character
  • (1) The purpose of this section is to facilitate the disclosure of information by the Department to a specified agency to enable the specified agency to—

    • (a) establish or verify a person's identity:

    • (b) check matters relating to a person's character.

    (2) For the purposes of this section, the chief executive of the specified agency may supply identifying information about the following persons to the chief executive of the Department:

    • (a) a person in New Zealand who the chief executive of the specified agency believes is not a New Zealand citizen:

    • (b) a person outside New Zealand who the chief executive of the specified agency believes—

      • (i) is not a New Zealand citizen; and

      • (ii) is intending to board a craft for the purpose of travelling to New Zealand:

    • (c) a person outside New Zealand who the chief executive of the specified agency believes—

      • (i) is not a New Zealand citizen; and

      • (ii) has previously travelled to New Zealand.

    (3) The chief executive of the Department may compare the information he or she receives with information that the Department holds about the person.

    (4) If the Department holds immigration information about the person, the chief executive of the Department may supply the information described in subsection (5) to an authorised officer under an agreement to which subsection (6) applies.

    (5) The information is—

    • (a) the person's identifying information:

    • (b) the person's previous convictions:

    • (c) the person's modus operandi:

    • (d) details of the person's known or suspected involvement in illegal activities:

    • (e) details of the person's known currency and other financial transactions of relevant interest, including known or suspected involvement in money laundering:

    • (f) intelligence analysis assessments of and reports about the person:

    • (g) details of communications interceptions involving the person:

    • (h) the person's general history known to the Department (which may include information about associates and networks):

    • (i) the person's past travel movements:

    • (j) details of a visa held by the person.

    (6) The following provisions apply to an agreement:

    • Making
    • (a) it must not be made until the chief executive of the Department has consulted the Privacy Commissioner about it:

    • (b) it must be made between the chief executive of the Department and the chief executive of the specified agency:

    • (c) it must be in writing:

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    • (d) it must state the criteria for the disclosure under it of information by the Department to the specified agency:

    • (e) it must state the use that the specified agency may make of the information disclosed to it:

    • (f) it must—

      • (i) state that the specified agency must not disclose the information disclosed to it to any other agencies, bodies, or persons; or

      • (ii) state the other agencies, bodies, or persons to which the specified agency may disclose information disclosed to it, the extent to which the specified agency may disclose the information, and the conditions subject to which the specified agency may disclose the information:

    • (g) it may state the form in which the information may be disclosed:

    • (h) it may state the method by which the information may be disclosed:

    • Varying
    • (i) it may be varied:

    • (j) it must not be varied until the chief executive of the Department has consulted the Privacy Commissioner about the variation:

    • Reviews and reports
    • (k) it, and the arrangements for disclosure under it, must be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the specified agency at intervals of no less than 12 months, if the Privacy Commissioner so requires.

    (7) The chief executive of the specified agency must ensure that each annual report of the specified agency includes information about agreements between the chief executive of the specified agency and the chief executive the Department under this section, including—

    • (a) the number of agreements; and

    • (b) an outline of each agreement; and

    • (c) the number of cases in which the accuracy of the information disclosed by the chief executive of the Department was challenged.

    (8) In this section,—

    authorised officer means an officer, employee, or agent of the specified agency who is authorised by the chief executive of the specified agency to receive information from the chief executive of the Department in accordance with this section

    chief executive of the specified agency includes the Commissioner of Police

    identifying information means a person's—

    • (a) full name:

    • (b) date and place of birth:

    • (c) gender:

    • (d) unique identifying number used by the specified agency:

    • (e) unique identifying number used by the Department:

    • (f) biometric information:

    • (g) alias or aliases:

    • (h) address:

    • (i) distinguishing features:

    • (j) details of travel documents:

    • (k) details of identity documents:

    • (l) citizenship:

    • (m) nationality

    specified agency means—

    • (a) the New Zealand Police:

    • (b) the Ministry of Justice:

    • (c) the department of State responsible for the administration of the Biosecurity Act 1993:

    • (d) the department of State responsible for the administration of the Corrections Act 2004:

    • (e) the department of State responsible for the administration of the Customs and Excise Act 1996.

Clause 268

Subclause (5): to add (line 34 on page 296) in relation to that information.

Clause 270

Subclause (1)(i): to omit mail (line 32 on page 299) and substitute communications.

Subclause (1)(j): to insert after photographs, (line 34 on page 299) biometric information,.

Part 9
Detention and monitoring

Clause 271A

To insert after purposes of (line 23 on page 300) the.

Clause 272

Subclause (1)(d): to omit member of the police (line 6 on page 301) and substitute constable.

Subclause (1)(d): to omit on request (line 8 on page 301).

Subclause (1)(e): to omit member of the police (line 12 on page 301) and substitute constable.

Subclause (2): to omit this subclause (lines 14 to 21 on page 301) and substitute the following subclause:

  • (2) The following persons are not liable to arrest and detention under this Part:

    • (a) persons who are recognised as refugees, except those whose deportation is not prohibited under section 153(3):

    • (b) persons who are recognised as protected persons, except those whose deportation is not prohibited under section 153(4).

Clause 272A

Paragraph (b)(ii): to omit of the (line 1 on page 302) and substitute of a deportation.

Paragraph (c): to omit member of the police (line 5 on page 302) and substitute constable.

Paragraph (c): to insert after turnaround (line 6 on page 302) and.

Paragraph (e): to insert after requirements (line 19 on page 302) agreed under section 277 or conditions imposed under section 282.

Clause 273

Paragraph (b): to omit member of the police (lines 29 and 30 on page 302) and substitute constable.

Paragraph (e): to omit by a District Court Judge (lines 36 and 37 on page 302).

Clause 274

Paragraph (a): to omit member of the police (line 5 on page 303) and substitute constable.

Clause 275

Subclause (1): to omit member of the police (line 17 on page 303) and substitute constable.

Clause 276

Subclause (1): to omit member of the police (line 16 on page 304) and substitute constable.

Subclause (2): to omit member of the police (line 18 on page 304) and substitute constable.

Clause 277

Subclause (1)(c)(i): to omit compliance (line 35 on page 304) and substitute the person complies.

Subclause (1)(c)(ii): to insert after failure (line 1 on page 305) by the person.

Clause 279

Subclause (1): to omit the District Court Judge concerned (lines 1 and 2 on page 307) and substitute a District Court Judge.

Subclause (1)(b)(i): to omit subsection (2) and having taken into account the matters in subsections (4), (5), and (6)) (lines 12 to 14 on page 307) and substitute subsections (2) and (4) (and having taken into account the matters in subsections (5) and (6)).

Clause 280

Subclause (1)(a): to omit member of the police (line 3 on page 309) and substitute constable.

Subclause (2): to omit The District Court Judge concerned (line 7 on page 309) and substitute A District Court Judge.

Clause 281

Subclause (1)(a): to omit detained or a member of the police and arrested and detained (lines 27 and 28 on page 309) and substitute detained, or into the custody of a constable and arrested and detained,.

Subclause (1)(b): to omit detained or a member of the police and arrested and detained (lines 33 and 34 on page 309) and substitute detained, or into the custody of a constable and arrested and detained,.

Clause 282

Subclause (1): to omit on conditions under section 279(1)(b)(ii), 280(3)(b), or 285(3), (lines 11 and 12 on page 310) and substitute under section 279(1)(b)(ii), 280(3)(b), or 285(3) on conditions,.

Clause 283

To omit conditions under (line 14 on page 312) and substitute conditions in accordance with.

Clause 284

Subclause (1): to omit member of the police (line 36 on page 312) and substitute constable.

Clause 285

Subclause (1)(c): to omit as described in (lines 37 and 38 on page 313) and substitute within the meaning of.

Subclause (2): to omit this subclause (lines 16 to 22 on page 314) and substitute the following subclause:

  • (2) A further warrant of commitment authorising the detention of a person to whom this section applies must be issued if a District Court Judge is satisfied—

    • (a) that the person's deportation or departure is prevented by some action or inaction of the person; and

    • (b) that no exceptional circumstances exist that would warrant release.

Subclause (8): to omit this subclause (lines 3 to 10 on page 315).

Subclause (9): to omit if it started when the subsequent claim is finally determined (as described in section 117A) (lines 13 and 14 on page 315) and substitute starting on the date the subsequent claim is finally determined.

New subclause (9A): to insert the following subclause after subclause (9) (after line 14 on page 315):

  • (9A) In subsection (1),—

    appeal proceedings means the proceedings in respect of which the appeal rights are exercised

    appeal rights means—

    • (a) the rights of appeal the person has or had against liability for deportation; and

    • (b) the refugee and protection appeals associated with any claim made before the person was served with a deportation liability notice or arrested and detained for the purpose of deportation or turnaround.

Subclause (10): to omit this subclause (lines 15 to 17 on page 315) and substitute the following subclause:

  • (10) For the purposes of subsection (2), exceptional circumstances do not include—

    • (a) the period of time that a person has already been detained under this Part; or

    • (b) the possibility that the person's deportation or departure may continue to be prevented by some action or inaction of the person.

Clause 288

Subclause (1): to omit this subclause (line 34 on page 317 to line 2 on page 318) and substitute the following subclause:

  • (1) This section and section 289 apply to an application made under section 278 or 287(1), (2), (3), or (4), if the application is made in respect of a person subject to a decision made, or proposed to be made, relying on classified information.

Clause 289

Subclause (1): to omit 239A apply (line 6 on page 319) and substitute 239B apply, with the necessary modifications.

Clause 290

Subclause (2): to omit member of the police (line 25 on page 319) and substitute constable.

Subclause (2)(b): to omit this paragraph (lines 31 to 33 on page 319) and substitute the following paragraph:

  • (b) in the case of a constable who is not in uniform, to produce his or her badge or other evidence of being a constable; and

Subclause (3): to omit or a member of the police (lines 3 and 4 on page 320) and substitute or a constable.

Subclause (3): to omit or member of the police (line 6 on page 320) and substitute or constable.

Subclause (4): to omit member of the police (line 12 on page 320) and substitute constable.

Clause 292

Subclause (1): to omit a member of the police (line 19 on page 321) and substitute a constable.

Subclause (1): to omit the member of the police (line 20 on page 321) and substitute the constable.

Clause 297

Subclause (3)(b): to omit member of the police (line 34 on page 324) and substitute constable.

Subclause (4): to omit member of the police under (lines 1 and 2 on page 325) and substitute constable under.

Subclause (4)(a): to omit member of the police must (line 4 on page 325) and substitute constable must.

Subclause (4A): to omit member of the police (lines 11 and 12 on page 325) and substitute constable.

Subclause (6): to omit member of the police (lines 22 and 23 on page 325) and substitute constable.

Clause 298

Subclause (1): to omit or a member of the police (line 36 on page 325) and substitute or a constable.

Subclause (1): to omit of a member of the police (lines 2 and 3 on page 326) and substitute of a constable.

Subclause (2): to omit or a member of the police (line 9 on page 326) and substitute or a constable.

Subclause (2): to omit of a member of the police (line 13 on page 326) and substitute of a constable.

Part 10
Offences, penalties, and proceedings

Clause 306

Subclause (1)(c)(i): to insert after section (line 3 on page 331) 87A or.

Clause 307

Paragraph (d): to omit member of the police in the exercise of the powers of that officer or member of the police (lines 35 to 37 on page 331) and substitute constable in the exercise of the powers of that officer or constable.

Clause 308

To omit this clause (line 7 on page 332 to line 16 on page 333) and substitute the following clause:

308 Improper dealings with immigration or identity documents
  • (1) Every person commits an offence against this Act who, whether in or outside New Zealand, produces, surrenders, or passes off an immigration or identity document—

    • (a) as relating to the person when in fact, to the person's knowledge, the document relates to some other person; or

    • (b) knowing the document to be forged or to have been obtained fraudulently.

    (2) Every person commits an offence against this Act who, whether in or outside New Zealand, sells, hires, lends, gives, or otherwise disposes of an immigration or identity document relating to the person to any other person (the receiver) knowing that the receiver intends to do 1 or more of the following (but without necessarily knowing which of the following the receiver will do):

    • (a) produce it or pass it off as relating to the receiver or some other person; or

    • (b) sell, hire, lend, give, or otherwise dispose of it.

    (3) Every person commits an offence against this Act who, whether in or outside New Zealand, sells, hires, lends, gives, or otherwise disposes of an immigration or identity document relating to the person to any other person (the receiver) intending the receiver to do 1 or more of the following (but without necessarily intending which of the following the receiver will do):

    • (a) produce it or pass it off as relating to the receiver or some other person; or

    • (b) sell, hire, lend, give, or otherwise dispose of it.

    (4) In this section, immigration or identity document means—

    • (a) a passport; or

    • (b) a certificate of identity; or

    • (c) an endorsement in a passport of the type described in section 343B; or

    • (d) evidence of a visa; or

    • (e) an invitation to apply for a visa; or

    • (f) a certificate of citizenship; or

    • (g) anything purporting to be a document described in any of paragraphs (a) to (f).

    Compare: 1987 No 74 s 142(1)(d), (e)

Clause 312

Heading to clause 312: to omit carriers and persons in charge of craft (lines 16 and 17 on page 334) and substitute carriers, and persons in charge, of craft.

Subclause (1): to omit carrier or person in charge of a commercial craft (line 18 on page 334) and substitute carrier, or person in charge, of a commercial craft.

Subclause (2): to omit carrier or person in charge of a craft (line 1 on page 335) and substitute carrier, or person in charge, of a craft.

Subclause (2)(c): to omit this paragraph (lines 6 and 7 on page 335) and substitute the following paragraph:

  • (c) sections 89(1)(b), (c), and (d), 89(2), and 109(1)(b) and (c).

Subclause (4): to insert after carrier (line 10 on page 335) of a craft.

Subclause (5): to omit this subclause (lines 19 to 21 on page 335) and substitute the following subclause:

  • (5) To avoid doubt, proceedings in respect of an offence against subsection (1), (2), or (3) may be taken—

    • (a) against the carrier, or the person in charge, of the craft, but not both:

    • (b) whether the offence occurred in or outside New Zealand.

Clause 313

Subclause (6): to omit An employer is deemed for the purposes of this section to know (lines 12 and 13 on page 336) and substitute For the purposes of this section, an employer is treated as knowing.

Subclause (7): to omit employ any person (line 20 on page 336) and substitute allow any person to work in the employer's service.

Clause 314

Subclause (7): to omit An employer is deemed for the purposes of this section to know (lines 32 and 33 on page 338) and substitute For the purposes of this section, an employer is treated as knowing.

Clause 315

Subclause (1)(a): to omit take (line 10 on page 339) and substitute undertake.

Subclause (3): to omit child (line 18 on page 339) and substitute person.

New subclause (5A): to insert the following subclause after subclause (5) (after line 35 on page 339):

  • (5A) For the purposes of this section, allowing a person to undertake a course of study includes accepting the person for enrolment in the course.

Subclause (6): to omit A person is treated as for the purposes of this section to know (lines 36 and 37 on page 339) and substitute For the purposes of this section, a person is treated as knowing.

Clause 319

Heading to clause 319: to omit carriers and persons in charge of craft (line 9 on page 342) and substitute carriers, and persons in charge, of craft.

Subclause (1)(a): to insert after carrier (line 13 on page 342) of a craft.

Subclause (1)(b): to omit of the (line 16 on page 342) and substitute of a.

Subclause (2)(a): to insert after carrier (line 21 on page 342) of a craft.

Subclause (2)(b): to omit of the (line 23 on page 342) and substitute of a.

Heading above clause 322

To omit carriers or persons in charge of craft (lines 6 and 7 on page 343) and substitute carriers, or persons in charge, of craft.

Clause 323

To omit a carrier or a person in charge of any craft (line 15 on page 343) and substitute a carrier, or a person in charge, of any craft.

Clause 324

Paragraph (d): to omit carrier's legal name (line 29 on page 343) and substitute legal name of the carrier of the craft.

Paragraph (e): to omit carrier's full postal address (line 30 on page 343) and substitute full postal address of the carrier of the craft.

Clause 325

Subclause (1): to omit a carrier or a person in charge of a craft (line 33 on page 343) and substitute a carrier, or a person in charge, of a craft.

Subclause (1): to omit the carrier or person in charge of the craft (lines 1 and 2 on page 344) and substitute the carrier, or the person in charge, of the craft.

Subclause (3)(a): to omit the carrier or person in charge of a craft (lines 19 and 20 on page 344) and substitute the carrier, or person in charge, of the craft.

Subclause (3)(b): to omit the carrier or person in charge of the craft (lines 23 and 24 on page 344) and substitute the carrier, or person in charge, of a craft.

Subclause (4): to omit the carrier or person in charge of the craft (line 27 on page 344) and substitute the carrier, or the person in charge, of the craft.

Clause 327

Subclause (1)(b): to insert after carrier (line 4 on page 345) of a craft.

Clause 329

Subclause (2)(y): to omit this paragraph (lines 11 to 14 on page 348) and substitute the following paragraphs:

  • (y) a matter is or is not before a refugee and protection officer under section 132, 133, or 133A; or

  • (z) a matter is or is not before the Tribunal under section 132A or 133B.

Clause 333

Subclause (3): to omit member of the police (line 9 on page 351) and substitute constable.

Clause 334

Paragraph (a): to omit member of the police (lines 15 and 16 on page 351) and substitute constable.

Paragraph (b): to omit member of the police (line 18 on page 351) and substitute constable.

Part 11
Miscellaneous provisions

Clause 337

New subclause (3): to add the following subclause (after line 22 on page 354):

  • (3) In this section, unexpired period, in relation to a visa, means the period of time remaining before the date or event on the occurrence of which the visa will expire, or the period after which the visa will expire, as calculated in accordance with section 53A.

Clause 338

Subclause (6): to omit this subclause (line 38 on page 355 to line 2 on page 356) and substitute the following subclause:

  • (6) The role of a responsible adult—

    • (a) relates only to the matters or proceedings in relation to which he or she was nominated; and

    • (b) finishes when the minor leaves New Zealand or the matter or proceedings concerned are completed, as the case may be.

Clause 341

Subclause (2)(b): to omit this paragraph (lines 28 to 30 on page 357) and substitute the following paragraph:

  • (b) suspending, under section 57(2)(b), a visa waiver made in accordance with section 57(1):

Subclause (2)(d): to omit this paragraph (lines 34 and 35 on page 357) and substitute the following paragraph:

  • (d) suspending, under section 75(3)(b), a transit visa waiver made in accordance with section 75(1A)(a).

Clause 341A

To insert after must be made (line 20 on page 358) or exercised.

Clause 342

Heading to clause 342: to omit powers of Minister (line 25 on page 358) and substitute Minister's powers.

Subclause (1)(d): to omit in relation to a class of persons (line 35 on page 358) and substitute (which relates to waiving the requirement for classes of persons to hold a visa permitting travel to New Zealand).

Clause 343

New subclauses (3) and (4): to add the following subclauses (after line 8 on page 360):

  • (3) The chief executive referred to in clause 6(2) of Schedule 2 may approve and issue forms relating to appeals—

    • (a) that he or she considers necessary for the purposes of this Act; and

    • (b) for which no forms are currently prescribed.

  • (4) Every document purporting to be in a form approved and issued by the chief executive referred to in clause 6(2) of Schedule 2 under this section is deemed to have been so approved and issued unless that chief executive otherwise certifies.

New clause 343AB

To insert the following clause after clause 343A (after line 27 on page 360):

343AB Chief executive may designate places outside New Zealand where entry permission may be granted
  • (1) The chief executive may—

    • (a) designate places outside New Zealand (for example, ports, airports, or offices of the Department that are overseas) where an immigration officer may grant entry permission to a person before the person travels to New Zealand; and

    • (b) determine the class or classes of persons that may be granted entry permission at a designated place.

    (2) The chief executive must publicly notify any designation under this section by making available a description of the designated place, free of charge, at—

    • (a) offices of the Department; and

    • (b) New Zealand Government offices overseas that deal with immigration matters.

Clause 343B

Subclause (1): to omit this subclause (lines 31 to 34 on page 360) and substitute the following subclauses:

  • (1) For the purpose of facilitating a person's entry into New Zealand, the chief executive may make an endorsement in relation to a passport (other than a New Zealand passport)—

    • (a) held by a New Zealand citizen to indicate the fact of the person's New Zealand citizenship:

    • (b) on which the person is entitled to travel to indicate the fact of the person's New Zealand citizenship.

  • (1A) An endorsement is made by being entered and retained in the records (whether electronic or physical) of the Department in a manner determined by the chief executive.

  • (1B) An endorsement may (but need not) be evidenced by a physical endorsement in the passport concerned.

Subclause (2)(b): to omit this paragraph (lines 6 and 7 on page 361) and substitute the following paragraph:

  • (b) either—

    • (i) a New Zealand passport issued on or after 5 November 2005; or

    • (ii) if the person does not hold a New Zealand passport issued on or after 5 November 2005, a photograph suitable for use as biometric information.

Clause 345

Subclause (3): to omit this subclause (lines 16 to 21 on page 362) and substitute the following subclause:

  • (3) If under this Act any document is to be served on or supplied to any other person, or the person is to be notified of any decision, matter, or other thing, the document must be served on or supplied to the person, or the notification must be given in writing,—

    • (a) by personal service; or

    • (b) by registered post addressed to the person at the person's New Zealand address; or

    • (c) by service on the person's lawyer or agent in accordance with subsection (4); or

    • (d) at the address supplied under section 47(2), if it relates to an application for a visa.

Subclause (3A): to omit this subclause (lines 22 to 28 on page 362).

Subclause (6A): to omit be given, (line 14 on page 363) and substitute be given to,.

Subclause (6A): to omit section 47(2), and that address is outside New Zealand, the person must be treated as having been given (lines 16 and 17 on page 363) and substitute section 47(2) and that address is outside New Zealand, the notice or document must be treated as having been given to.

Clause 345A

Subclause (1)(a): to insert after section 47(2) (line 30 on page 363) , if that address is within New Zealand.

Subclause (6)(b): to omit 141B in the second place where it appears (line 37 on page 364) and substitute 141B(7).

Clause 346

Subclause (7): to omit any member of the police (lines 14 and 15 on page 366) and substituting a constable.

Subclauses (8) and (9): to omit these subclauses (lines 26 to 36 on page 366) and substitute the following subclauses:

  • (8) An immigration officer (including a constable exercising the powers of an immigration officer) who, in exercising a power described in subsection (3), orally makes a request, requirement, or demand of a person must also produce his or her warrant of designation if called upon to do so by the person.

  • (9) It is sufficient compliance with subsections (7)(a) and (8) if, in the case of a constable, he or she is in uniform or produces his or her badge or other evidence of being a constable.

Clause 347

Subclause (2): to omit function (line 7 on page 367) and substitute functions.

Clause 349

Subclause (3)(a): to omit may have (line 6 on page 368) and substitute has.

Clause 351

Subclause (1)(c): to omit this paragraph (lines 1 to 3 on page 370) and substitute the following paragraph:

  • (c) the regulations may prescribe to whom the fees or charges are payable and, in the case of any fees or charges payable to the Department, may provide for, or allow, the fee or charge to be payable to a third person on behalf of the Department.

Subclause (5)(b): to omit one (line 15 on page 370) and substitute 1.

Subclause (10): to insert after Department (lines 14 and 15 on page 371) or any other government department.

Clause 352

New subclause (1A): to insert the following subclause after subclause (1) (after line 22 on page 371):

  • (1A) Subsection (1) is subject to subsection (6).

Subclause (2): to omit (or the Ministry of Justice, as the case may be) (lines 24 and 25 on page 371).

New subclauses (6) and (7): to insert the following subclauses after subclause (5) (after line 24 on page 372):

  • (6) If the Department is not the department referred to in clause 6 of Schedule 2, the department that is referred to in that clause may, in relation to appeals to or matters before the Tribunal,—

    • (a) charge persons for the cost of mailing or couriering information to them (including information that is transcripts or recordings of hearings):

    • (b) charge for the cost of transcripts and recordings of hearings, or copies of records and papers, of the Tribunal (unless the material is required by any enactment to be provided free of charge):

    • (c) charge for access to any library or research services provided in relation to immigration, refugee, or protection matters:

    • (d) charge a person for the supply of forms to the person in quantity, if it is apparent that the forms are not for the person's own personal use:

    • (e) charge for the reasonable costs of providing any other service associated with an appeal or matter before the Tribunal.

  • (7) All charges received by a department under subsection (6) must be paid into a Crown Bank Account.

Clause 356

Subclause (8): to omit 46, (line 23 on page 376) and substitute 41D,.

Clause 357

New subclause (3A): to insert the following subclause after subclause (3) (after line 13 on page 377):

  • (3A) All levy money collected under this section must be paid into a Crown Bank Account.

Clause 358

Paragraph (h): to omit carriers or persons in charge of craft (line 12 on page 378) and substitute carriers, or persons in charge, of craft.

Paragraph (i)(iv): to insert after carrier (line 20 on page 378) of a craft.

Paragraph (j): to omit , but excluding any forms approved and issued by the chief executive under section 343(1) (lines 23 to 25 on page 378).

Paragraph (la): to omit the persons (line 34 on page 378) and substitute them.

Clause 359

Paragraph (d): to omit this paragraph (lines 17 to 19 on page 379) and substitute the following paragraph:

  • (d) prescribe who may apply for a residence class visa—

    • (i) at a place designated by the chief executive under section 343AB; or

    • (ii) on arrival in New Zealand at an immigration control area or other prescribed place:

Clause 360

New paragraph (ba): to insert the following paragraph after paragraph (b) (after line 36 on page 379):

  • (ba) exempt carriers, and persons in charge, of craft from any of the obligations under section 89 in relation to craft en route to or arriving in New Zealand, and specify any requirements that apply in relation to an exemption:

New paragraph (fa): to insert the following paragraph after paragraph (f) (after line 11 on page 380):

  • (fa) exempt persons arriving in New Zealand from any of the obligations under section 91, and specify any requirements that apply in relation to an exemption:

Paragraph (h): to insert after section (line 19 on page 380) 87B or.

New paragraph (ja): to insert the following paragraph after paragraph (j) (after line 23 on page 380):

  • (ja) exempt carriers, and persons in charge, of craft from any of the obligations under section 109 in relation to craft leaving New Zealand, and specify any requirements that apply in relation to an exemption:

New paragraph (ka): to insert the following paragraph after paragraph (k) (after line 26 on page 380):

  • (ka) exempt persons leaving New Zealand from any of the obligations under section 110, and specify any requirements that apply in relation to an exemption:

Clause 361

Paragraph (i): to insert after must (line 20 on page 381) be done.

Part 12
Repeals, transitional provisions, saving provisions, and related matters

Clause 365

Subclause (2)(a): to omit New Zealand; and (line 17 on page 418) and substitute New Zealand:.

Subclause (2)(b): to omit detained; and (line 19 on page 418) and substitute detained:.

Subclause (2)(c): to insert after deportation order (line 20 on page 418) under the former Act.

Clause 366

To omit this clause (lines 22 to 27 on page 418) and substitute the following clause:

366 Appeals body members not entitled to compensation
  • Nothing in this Act entitles a member of an appeals body to any compensation—

    • (a) in respect of the repeal of the former Act by section 362 of this Act; or

    • (b) for any fees or allowances that would otherwise be payable for the remainder of the member's term of appointment affected by the repeal.

Clause 367

Subclause (2): to omit limited purpose permits (line 9 on page 419) and substitute limited purpose permits,.

Subclause (4): to insert after section 362 (line 16 on page 419) of this Act.

Subclause (6): to omit subsection (1), (2), (3), (4), or (5) (line 28 on page 419) and substitute subsections (1) to (5).

Clause 368

Subclause (1): to omit if (line 10 on page 420) and substitute whether.

Subclause (2): to insert after any time (line 16 on page 420) that has.

Clause 369

Paragraph (a): to omit made (line 27 on page 420) and substitute given.

Clause 370

Subclause (1): to omit this subclause (line 35 on page 420 to line 2 on page 421 and the table on pages 421 and 422) and substitute the following subclause and table:

  • (1) An application for a visa or a permit of a type described in the first column of the following table (the former type) that was made under the former Act but not determined before the commencement of section 362 of this Act must be treated as an application made under this Act for a visa of the type described opposite the former type in the second column of the following table:

    Application under former Act To be treated as application under this Act
    Residence visa Resident visa (but determined in accordance with the Government residence policy in force at the time the application was made under the former Act)
    Residence permit Resident visa (but determined in accordance with the Government residence policy in force at the time the application was made under the former Act)
    Temporary visa Temporary visa
    Work permit Temporary visa that allows the holder to work in New Zealand (including the territorial sea) or the exclusive economic zone of New Zealand
    Student permit Temporary visa that allows the holder to study in New Zealand
    Visitor permit Temporary visa that does not allow the holder to work in New Zealand (including the territorial sea) or the exclusive economic zone of New Zealand or study unless the conditions of the permit granted under the former Act allow work or study
    Limited purpose visa Limited visa
    Limited purpose permit Limited visa
    Transit visa Transit visa
    Temporary permit to which section 27A of the former Act applied Limited visa to which section 72 applies
    Returning resident visa by person other than New Zealand citizen Variation of travel conditions of resident visa under section 41
    Returning resident visa by New Zealand citizen Endorsement under section 343B(2)

Clause 371

Subclause (1): to omit had (line 12 on page 422) and substitute has.

Subclause (2): to insert after any time (lines 20 and 21 on page 422) that has.

Clause 372

Subclause (2): to insert after any time (line 6 on page 423) that has.

Clause 373

Subclause (2)(a): to omit the commencement of section 362 of this Act (line 26 on page 423) and substitute that commencement.

Subclause (2)(b): to omit the commencement of section 362 of this Act (lines 31 and 32 on page 423) and substitute that commencement.

Subclause (3)(a): to insert after any time (lines 2 and 3 on page 424) that has.

Subclause (3)(b): to insert after any time (line 7 on page 424) that has.

Clause 375

Subclause (1): to omit the commencement of section 362 of this Act, (lines 25 and 26 on page 424) and substitute that commencement,.

Subclause (1)(a)(i): to omit the time (line 30 on page 424) and substitute any time that has elapsed.

Subclause (2): to omit the commencement of section 362 of this Act, (lines 4 and 5 on page 425) and substitute that commencement,.

Subclause (2)(a): to omit the time (line 7 on page 425) and substitute any time that has elapsed.

Subclause (3): to omit from the commencement of section 362 of this Act (lines 15 and 16 on page 425) and substitute from that commencement.

Clause 376

Heading to clause 376: to omit carrier and person in charge of commercial craft (lines 21 and 22 on page 425) and substitute carrier, and person in charge, of commercial craft.

Subclause (1): to omit a carrier or a person in charge of a commercial craft (lines 25 and 26 on page 425) and substitute a carrier, or a person in charge, of a commercial craft.

Clause 377

Subclause (2): to omit a carrier or a person in charge of a commercial craft (lines 17 and 18 on page 426) and substitute a carrier, or a person in charge, of a commercial craft.

Subclause (2): to omit Act, that is in force immediately before that commencement, (lines 19 and 20 on page 426) and substitute Act that is in force immediately before that commencement.

Clause 378

Heading to clause 378: to omit this heading (lines 24 to 26 on page 426) and substitute the following heading: Information requirements for carrier, and person in charge, of commercial craft.

Subclause (3): to omit this section (line 5 on page 427) and substitute section 362 of this Act.

Clause 379

Heading to clause 379: to omit carriers and persons in charge of craft (lines 6 and 7 on page 427) and substitute carriers, and persons in charge, of craft.

Subclause (1): to omit if— (line 8 on page 427) and substitute if,—.

Subclause (2): to omit the carrier and the person in charge of the craft (lines 18 and 19 on page 427) and substitute the carrier, and the person in charge, of the craft.

Clause 380

Subclause (1)(a)(i): to insert after nor (line 33 on page 427) was.

Clause 381

Heading to clause 381: to omit carrier and person in charge of craft (line 21 on page 428) and substitute carrier, and person in charge, of craft.

Subclause (3): to insert after any time (line 3 on page 429) that has.

Clause 382

To omit For the purposes of this Act, (line 8 on page 429) and substitute On and from the commencement of section 362,.

To omit on and from the commencement of section 362 (lines 12 and 13 on page 429) and substitute for the purposes.

Clause 384

Subclause (1): to omit this subclause (lines 10 to 16 on page 430) and substitute the following subclause:

  • (1) Subsection (2) applies to a subsequent claim (within the meaning of section 129B of the former Act) for recognition as a refugee if—

    • (a) the claim was made before the commencement of section 362 of this Act; but

    • (b) no decision has been made before that commencement as to whether to consider the claim.

Subclause (2)(c): to omit the person must appeal (lines 26 and 27 on page 430) and substitute any appeal by the person must be made.

Subclause (2)(c): to add (line 29 on page 430) of this Act.

Clause 386

Subclause (1)(a)(i): to insert after any time (line 21 on page 431) that has.

Subclause (1)(a)(ii): to insert after any time (line 30 on page 431) that has.

Subclause (1)(a)(iii): to omit this subparagraph (lines 32 to 34 on page 431) and substitute the following subparagraph:

  • (iii) the Refugee Status Appeals Authority has ceased to recognise the person as a refugee or excluded the person from the protection of the Refugee Convention under section 129L(1)(f)(ii) or (iii) of the former Act; or

Subclause (1)(b): to omit this paragraph (lines 35 to 37 on page 431) and substitute the following paragraph:

  • (b) after the commencement of section 362 of this Act, the person ceases to be recognised as a refugee, or his or her refugee status is cancelled, by the Tribunal in accordance with section 406(5) of this Act.

Subclause (2): to insert after section 362 of this Act (line 1 on page 432) or the date on which subsection (1)(b) applies, as the case may be.

Subclause (3): to add (line 7 on page 432) , if the person appeals against his or her liability for deportation.

Clause 389

Subclause (2)(a): to insert after any time (lines 27 and 28 on page 432) that has.

Subclause (2)(b): to omit this section (line 32 on page 432) and substitute section 362 of this Act.

Clause 389A

Subclause (1)(b): to insert after section 362 (line 5 on page 433) of this Act.

Subclause (1)(c): to insert after section 362 (line 6 on page 433) of this Act.

Subclause (2): to omit this section (line 10 on page 433) and substitute section 150 of this Act.

Clause 390

Subclauses (3) and (4): to omit these subclauses (line 26 on page 433 to line 2 on page 434) and substitute the following subclauses:

  • (3) Section 404 of this Act applies to the completion of any appeal lodged by a person to whom subsection (1) applies if the appeal—

    • (a) was lodged with an appeals body (other than the Refugee Status Appeals Authority) under the former Act; but

    • (b) was not determined before the commencement of section 362 of this Act.

  • (4) Section 405 of this Act applies to any appeal by a person to whom subsection (1) applies if—

    • (a) immediately before the commencement of section 362 of this Act, the person was eligible to appeal to an appeals body (other than the Refugee Status Appeals Authority) under the former Act; and

    • (b) the person has not yet lodged an appeal.

Subclause (5): to insert after removed or deported (line 5 on page 434) (as the case may be).

Subclause (5)(b): to omit he or she (line 10 on page 434) and substitute the person.

Subclause (6): to insert after any time (line 14 on page 434) that has.

Clause 391

Subclause (1)(b): to insert after section 362 (line 22 on page 434) of this Act.

Subclause (1)(c): to omit Department (line 27 on page 434) and substitute Department,.

Subclause (3)(b): to insert after result of (line 4 on page 435) an.

Subclause (3)(c): to insert after section 362 (line 7 on page 435) of this Act.

Subclause (4): to omit 55B (line 10 on page 435) and substitute 55A.

Subclause (4): to insert after to be held (line 11 on page 435) by the person.

Subclause (5)(b): to omit with (line 17 on page 435) and substitute within.

Clause 392

Subclause (1): to omit concerned (line 25 on page 435).

Subclause (2): to omit elapsed before the commencement of section 362 of this Act that the person held the corresponding permit or visa, or was subject to the corresponding exemption, to which the visa deemed to be held under this Act relates (lines 28 to 32 on page 435) and substitute that has elapsed before the commencement of section 362 of this Act during which the person held the permit or visa, or was subject to the exemption, that corresponds with the visa deemed to be held under this Act.

Clause 396

Subclause (4): to omit process (line 6 on page 438) and substitute processing.

Clause 397

Subclause (1): to insert after section 362 (line 14 on page 438) of this Act.

Subclause (1)(a): to omit 58 (line 17 on page 438) and substitute 54.

Subclause (2)(a): to insert after Part 9 (line 22 on page 438) of this Act.

Subclause (2)(a)(i): to insert after section 362 (line 25 on page 438) of this Act.

Subclause (2)(a)(ii): to omit paragraph (a) or (b) of (line 26 on page 438).

Subclause (2)(b): to insert after Part 9 (line 28 on page 438) of this Act.

Subclause (2)(b)(i): to insert after section 362 (line 32 on page 438) of this Act.

Subclause (2)(b)(ii): to omit paragraph (a) or (b) of (line 33 on page 438).

Subclause (2)(c): to omit this paragraph (line 35 on page 438 to line 2 on page 439) and substitute the following paragraph:

  • (c) a person described in subsection (1) but not yet detained may be detained under section 274 of this Act or arrested and detained under section 275 of this Act and, if applicable, an application for a warrant of commitment may be made under section 278 of this Act in relation to the person.

Subclause (3): to insert after sections 398 to 401 (line 3 on page 439) of this Act.

Clause 400

Subclause (1): to omit this Act (line 14 on page 439) and substitute this Act,.

Subclause (2): to insert after any time (line 19 on page 439) that has.

Clause 401

Subclause (2): to insert after any time (line 33 on page 439) that has.

Clause 402

Subclause (2): to add (line 16 on page 440) , and this Act applies accordingly with any necessary modifications.

Clause 404

Subclauses (1) and (2): to omit these subclauses (lines 6 to 22 on page 441) and substitute the following subclauses:

  • (1) This section applies to any appeal—

    • (a) lodged with an appeals body under the former Act (except an appeal lodged with the Refugee Status Appeals Authority); but

    • (b) not determined before the commencement of section 362 of this Act.

  • (2) Despite section 362 of this Act,—

    • (a) an appeal must be determined by the Tribunal in accordance with the relevant provisions of the former Act; and

    • (b) for that purpose, the Tribunal is deemed to have all the necessary powers and functions of the appeals body under the former Act.

Subclause (4): to omit before the commencement of this section (lines 30 and 31 on page 441).

Subclause (7): to omit this subclause (lines 3 and 4 on page 442) and substitute the following subclause:

  • (7) If, on completion of the appeal, the person concerned is entitled, under the former Act, to be issued with a visa or granted a permit of a type described in the first column of the following table, the person must be granted a visa under this Act of the corresponding type described in the second column of the following table:

    Visa to be issued or permit to be granted under former Act Visa to be granted under this Act
    Residence visa Resident visa allowing travel to New Zealand
    Residence permit Resident visa allowing stay in New Zealand
    Temporary permit Temporary visa

Clause 405

To omit this clause (lines 5 to 29 on page 442) and substitute the following clause:

405 Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed
  • (1) This section applies to any appeal by a person who,—

    • (a) immediately before the commencement of section 362 of this Act, was eligible to appeal to an appeals body (other than the Refugee Status Appeals Authority) under the former Act; and

    • (b) has not yet lodged an appeal.

    (2) Despite section 362 of this Act,—

    • (a) the person must lodge the appeal in accordance with the time frames specified for an appeal of that type under the former Act; and

    • (b) the appeal must be determined by the Tribunal in accordance with the relevant provisions of the former Act; and

    • (c) for that purpose, the Tribunal is deemed to have all the necessary powers and functions of the appeals body under the former Act.

    (3) If, on completion of the appeal, the person concerned is entitled, under the former Act, to be issued with a visa or granted a permit of a type described in the first column of the following table, the person must be granted a visa under this Act of the corresponding type described in the second column of the following table:

    Visa to be issued or permit to be granted under former Act Visa to be granted under this Act
    Residence visa Resident visa allowing travel to New Zealand
    Residence permit Resident visa allowing stay in New Zealand
    Temporary permit Temporary visa

Clause 407

Subclause (1)(a): to omit is (line 9 on page 444) and substitute was.

Clause 408

Subclause (3): to omit this subclause (lines 16 to 22 on page 445).

Subclause (6): to insert after including any time (line 36 on page 445) that has.

Clause 409

Subclause (1): to omit is (line 4 on page 446) and substitute was.

New clause 409A

To insert the following clause after clause 409 (after line 23 on page 446):

409A Appeals against, or review proceedings in respect of, Tribunal decisions under this subpart to be made under Part 7
  • Any appeal against, or review proceedings in respect of, a decision of the Tribunal made under this subpart must be made in accordance with Part 7 of this Act.

Clause 412

Subclause (1): to omit of this Act (line 20 on page 447).

Clause 413

Subclause (1): to insert after section 362 (line 32 on page 447) of this Act.

Clause 416AA

To omit this clause (lines 27 to 32 on page 448).

Clause 419

Subclause (1): to omit as authorised (line 33 on page 449) and substitute who are authorised.

Subclause (2): to omit as authorised (line 5 on page 450) and substitute who are authorised.

Subclause (4): to add under the former Act (line 11 on page 450).

Clause 420

Subclause (1)(a): to omit section, (lines 17 and 18 on page 450) and substitute section.

Subclause (1)(b): to omit Act, (line 22 on page 450) and substitute Act.

Clause 422

Subclause (1): to insert after Act, (line 4 on page 451) a.

Subclause (1): to omit section 2(3) comes into force (lines 6 and 7 on page 451) and substitute referred to in section 2(3) of this Act.

Clause 423

To omit this clause (lines 16 to 22 on page 451) and substitute the following clause:

423 Exercise of certain powers by Police
  • Despite section 2(2) of this Act, a constable may exercise the powers in sections 245 and 250 to 254 of this Act on and from the date referred to in section 2(3) of this Act, and this Act applies accordingly as if a reference to an immigration officer were a reference to a constable.

Clause 426

Subclause (1): to add (line 7 on page 452) , and this Act applies accordingly with any necessary modifications.

Subclause (2): to insert after any time (line 10 on page 452) that has.

Subclause (2): to add of this Act (line 11 on page 452).

Clause 427

Subclause (2): to omit 46 (line 22 on page 452) and substitute 41D.

Subclause (3): to omit subsection (9)(b) of section 46 (lines 24 and 25 on page 452) and substitute section 41D(3)(b).

New clause 427A

To insert the following clause after clause 427 (after line 26 on page 452):

427A Files of appeals bodies
  • As from the commencement of this section, the department of State referred to in clause 6 of Schedule 2 is the owner, and responsible for, all the files of the appeals bodies.

Clause 430

Subclause (1): to omit 2(2) (line 28 on page 453) and substitute 2(1).

Subclause (2): to omit 2(2) (line 1 on page 454) and substitute 2(1).

Subclause (3): to omit 2(2) (line 4 on page 454) and substitute 2(1).

Subclause (4): to omit 2(2) (line 15 on page 454) and substitute 2(1).

Subclause (4)(a): to omit this paragraph (line 19 on page 454).

New subclause (4)(ba): to insert the following paragraph after paragraph (b) (after line 21 on page 454):

  • (ba) to give general instructions under section 24(1B):

New subclause (4)(ea): to insert the following paragraph after paragraph (e) (after line 28 on page 454):

  • (ea) to designate under section 343AB places outside New Zealand where an immigration officer may grant entry permission to a person before the person travels to New Zealand:

New subclause (4A): to insert the following subclause after subclause (4) (after line 37 on page 454):

  • (4A) Despite section 2(1) of this Act, on and from the commencement of this section, the chief executive referred to in clause 6(2) of Schedule 2 may approve and issue forms under section 343(3).

Subclause (5): to omit section 2(2), (line 1 on page 455) and substitute section 2(1) of this Act,.

Subclause (6): to omit 2(2) (line 4 on page 455) and substitute 2(1).

Subclause (7): to omit 2(2) (line 9 on page 455) and substitute 2(1).

Subclause (8): to omit section 2(2), (line 14 on page 455) and substitute section 2(1) of this Act,.

Subclause (8): to insert after section 236(1) (line 16 on page 455) of this Act.

Subclause (9): to omit section 2(2) (line 17 on page 455) and substitute section 2(1) of this Act.

New Part 13

To insert the following Part after clause 430 (after line 28 on page 455):

Part 13
Amendments to Immigration Act 1987

431 Principal Act amended
  • This Part amends the Immigration Act 1987.

432 Cancellation of removal order
  • Section 58 is amended by repealing subsection (5) and substituting the following subsections:

    • (5) Nothing in this section gives a person a right to apply to an immigration officer for the cancellation of a removal order. However, an immigration officer must consider cancelling the removal order of a person who is in New Zealand if the person provides information to the officer concerning his or her personal circumstances, and the information is relevant to New Zealand's international obligations.

    • (6) If an immigration officer does consider cancelling a removal order, whether by way of a purported application or his or her own motion, the officer must have regard to any relevant international obligations, but otherwise,—

      • (a) may make a decision as he or she thinks fit; and

      • (b) in doing so, is not under any obligation, whether by implication or otherwise,—

        • (i) to apply any test or any particular test and, in particular, the officer is not obliged to apply the test set out in section 47(3); or

        • (ii) to inquire into the circumstances of, or to make any further inquiries in respect of the information provided by or in respect of, the person who is the subject of the removal order or any other person.

    • (7) Whether or not an immigration officer considers cancelling a removal order,—

      • (a) he or she is not obliged to give reasons for any decision, other than the reason that this subsection applies; and

      • (b) section 23 of the Official Information Act 1982 does not apply in respect of the decision.

    • (8) However, to the extent that an immigration officer does have regard to any international obligations, the officer is obliged to record—

      • (a) a description of the international obligations; and

      • (b) the facts about the person's personal circumstances.

433 New section 141ABA inserted
  • The following section is inserted after section 141A:

    141ABA Disclosure of information to employers
    • (1) The purpose of this section is to facilitate the disclosure of information by the Department to an employer to enable the employer to verify that a person is entitled under this Act to undertake employment in the employer’s service.

      (2) On receipt of a request from an employer, the chief executive may, for the purpose of this section, disclose the information specified in subsection (4) to the employer.

      (3) The chief executive must not disclose the information specified in subsection (4) unless satisfied that the request—

      • (a) has been made by an employer in New Zealand; and

      • (b) is for the purpose of enabling the employer to verify that a person is entitled under this Act to undertake employment in the employer’s service.

      (4) The information that may be disclosed under this section is as follows:

      • (a) whether the person is entitled to undertake that employment in New Zealand:

      • (b) if the person is entitled to undertake that employment in New Zealand,—

        • (i) the duration of the entitlement; and

        • (ii) any conditions imposed on that entitlement.

      (5) Where the chief executive discloses information under this section to an employer, the employer must be informed of the requirement to comply with the Privacy Act 1993 in relation to that information.

Schedules

Schedule 1

Schedule 1 heading: to omit s 117(2) (line 1 on page 456) and substitute ss 117(2), 153A.

Schedule 2

Clause 3: to omit this clause (lines 27 to 29 on page 482).

Clause 15: to omit out of (line 16 on page 486) and substitute outside.

Clause 18(3A): to omit circumstances (line 15 on page 487) and substitute circumstances,.

Clause 18(4): to omit this subclause (lines 18 to 20 on page 487) and substitute the following subclause:

  • (4) The Tribunal must notify, and provide a copy of its decision to, the appellant or affected person and the Minister, the refugee and protection officer, or the chief executive (as the case may be).

Schedule 3

Item relating to Births, Deaths, and Marriages Registration Act 1995: to omit and Marriages (line 7 on page 490) and substitute Marriages, and Relationships.

Item relating to Births, Deaths, and Marriages Registration Act 1995: to add the following items (after line 10 on page 490):

Paragraph (b) of the definition of eligible person in section 21: omit Immigration Act 1987 and substitute Immigration Act 2009.

Paragraph (a)(iii) of the definition of eligible adult in section 27A: omit Immigration Act 1987 and substitute Immigration Act 2009.

Paragraph (a)(iii) of the definition of eligible child in section 27A: omit Immigration Act 1987 and substitute Immigration Act 2009.

Section 78D(4)(b): omit Immigration Act 1987 and substitute Immigration Act 2009.

Item relating to Department of Labour in Schedule 1A: omit from the item relating to Death information limited term permits or and substitute temporary entry class.

Item relating to Children, Young Persons, and Their Families Act 1989: to omit the item relating to section 26B(1) (lines 22 and 23 on page 490).

Item relating to Citizenship Act 1977: to add the following item (after line 11 on page 491):

Section 26B(1): omit Immigration Act 1987 and substitute Immigration Act 2009.

Item relating to Corrections Act 2004: to omit the item relating to section 181(2), (4), and (5) (lines 15 and 16 on page 492) and substitute the following item:

Section 181(2), (4), and (5): omit Department of Labour in each place where it appears and substitute in each case responsible department.

Item relating to Customs and Excise Act 1996: to omit the items relating to sections 32B, 32B(2) and (4)(a), and 32B(5) (line 28 on page 492 to line 2 on page 493) and substitute the following item:

Section 32B: omit Immigration Act 1987 in each place where it appears and substitute in each case Immigration Act 2009.

Item relating to Customs and Excise Act 1996: to omit from new section 175C(1)(b)(iv) 308(a) (line 4 on page 493) and substitute 308(1).

Item relating to Customs and Excise Act 1996: to omit from new section 280(4)(a) 91(1)(b) and (c) (line 12 on page 493) and substitute 91(1)(b), (c), and (d).

Item relating to Electoral Act 1993: to omit from new section 263A(5) Chief Executive (line 7 on page 497) and substitute Chief Registrar.

Item relating to Immigration Advisers Licensing Act 2007: paragraphs (a) to (f) of the definition of immigration matter in the first item relating to section 5: to omit these paragraphs (line 32 on page 499 to line 5 on page 500) and substitute the following paragraphs:

  • (a) an application or potential application for a residence class visa, temporary entry class visa, or transit visa:

  • (b) a request or potential request for a special direction:

  • (c) a claim for recognition as a refugee or a protected person, and any related appeal or matter:

  • (d) a matter relating to immigration sponsorship:

  • (e) a matter relating to an immigration obligation:

  • (f) an appeal in relation to an immigration matter.

Item relating to Immigration Advisers Licensing Act 2007: item relating to section 11(h): to omit (lines 20 to 22 on page 500) and substitute the following item:

Section 11(h): omit and substitute:

  • (h) persons who provide—

    • (i) immigration advice offshore; and

    • (ii) advice only in respect of applications for temporary entry class visas with conditions authorising study in New Zealand:.

Item relating to International Crimes and International Criminal Court Act 2000: to omit the item relating to section 151(a)(i) (lines 14 and 15 on page 502) and substitute the following item:

Section 151(a)(i): omit and substitute:

  • (i) the Minister of Immigration declines to grant a visa under the Immigration Act 2009; and.

Item relating to Judicature Act 1908: to omit this item (lines 23 to 30 on page 502) and substitute the following item:

Judicature Act 1908 (1908 No 89)

Section 56CA: repeal.

Item relating to KiwisSaver Act 2006: to omit KiwisSaver (line 1 on page 503) and substitute KiwiSaver.

Item relating to Legal Services Act 2000: new paragraph (j) in the item relating to section 7(1)(j), (k), (l), and (m): to omit section 176(1) and (2) (lines 14 and 15 on page 503) and substitute sections 176(1) and 176A.

Item relating to Legal Services Act 2000: new paragraph (ma) in the item relating to section 7(1)(j), (k), (l), and (m): to omit and replacement by section 256(1) of (line 31 on page 503) and substitute by.

Item relating to Legal Services Act 2000: new paragraph (g) in the item relating to section 7(4)(f) and (g): to omit against liability for deportation on humanitarian grounds (lines 4 and 5 on page 504) and substitute on humanitarian grounds against liability for deportation.

Item relating to Official Information Act 1982: new paragraph (b)(i) of the new definition of permanent resident of New Zealand in the item relating to section 2: to omit Act; (line 28 on page 506) and substitute Act);.

Item relating to the Parole Act 2002: to omit this item (line 27 on page 507 to line 7 on page 508) and substitute the following item:

Parole Act 2002 (2002 No 10)

Section 55: repeal and substitute:

55 Offenders may be released early for deportation
  • (1) The Minister of Immigration may, in the Minister's absolute discretion as defined in section 5D of the Immigration Act 2009, give the manager of a prison a written notice ordering the release of an offender into the custody of a constable or immigration officer if subsections (3) to (7) apply to the offender.

    (2) The chief executive may give the manager of a prison a written notice ordering the release of an offender into the custody of a constable or immigration officer at a time within 28 days preceding the offender's statutory release date if subsections (3) to (6) apply to the offender. This subsection does not limit subsection (1).

    (3) The offender must be serving a sentence of imprisonment in the prison.

    (4) The offender—

    • (a) must have been sentenced to 2 years or less; or

    • (b) must have—

      • (i) been sentenced to more than 2 years; and

      • (ii) served either 2 years or one-third of the sentence, whichever is shorter; or

    • (c) must have—

      • (i) received an indeterminate sentence; and

      • (ii) served at least 2 years.

    (5) The offender must be—

    • (a) liable for deportation under section 143 of the Immigration Act 2009; or

    • (b) the subject of a deportation order under section 152 of the Immigration Act 2009; or

    • (c) the subject of a deportation liability notice under the Immigration Act 2009; or

    • (d) the subject of a removal order under the Immigration Act 1987; or

    • (e) the subject of a deportation order under the Immigration Act 1987.

    (6) The offender must be described by one of the following:

    • (a) he or she has no right of appeal against his or her liability for deportation:

    • (b) he or she has a right of appeal but has not made an appeal and the time for making an appeal has expired:

    • (c) he or she made an appeal that has been determined by the upholding of the liability for deportation.

    (7) The offender must not pose an undue risk to the safety of the community into which he or she is to be deported, as established to the Minister's satisfaction.

55A Implementation of early release for deportation
  • (1) A notice under section 55(1) or (2) is sufficient authority for the manager,—

    • (a) if requested by an immigration officer, to release the offender and deliver him or her into the custody of an immigration officer for detention under section 274 of the Immigration Act 2009; or

    • (b) if requested by a constable, to release the offender and deliver him or her into the custody of a constable for arrest and detention under section 275 of the Immigration Act 2009.

    (2) The offender must be returned to the custody of the manager if the circumstances in section 299(1) of the Immigration Act 2009 arise.

    (3) The warrant by which an offender was originally committed to the prison is deemed to be still in force for the purpose of his or her return to custody under subsection (2).

    (4) This section applies to an offender returned to custody under subsection (2) until he or she is finally deported.

55B Offenders released early remain offenders under New Zealand law
  • The following apply to an offender released and deported under sections 55 and 55A:

    • (a) his or her sentence continues to run; and

    • (b) he or she is liable to resume serving the sentence if he or she returns to New Zealand before the sentence expiry date.

Item relating to Pitcairn Trials Act 2002: item relating to section 62(5)(b) and (7): to insert after substitute (lines 16 and 17 on page 510) in each case.

Item relating to Privacy Act 1993: to omit the item relating to the Immigration Act 2007 in the item relating to Schedule 3 (line 8 on page 511) and substitute the following item:

Immigration Act 2009Sections 261, 262, 265, 266, and 266A

Item relating to Social Security Act 1964: to omit this item (lines 11 to 30 on page 512) and substitute the following item:

Social Security Act 1964 (1964 No 136)

Section 74AA(1): repeal and substitute:

  • (1) A person who applies for a benefit of a kind stated in subsection (2) after 27 May 2007 is not eligible for it unless he or she—

    • (a) is a New Zealand citizen, or is a person who holds a residence class visa under the Immigration Act 2009; and

    • (b) is ordinarily resident in New Zealand when he or she first applies for the benefit; and

    • (c) except in the case of a person who is recognised as a refugee or a protected person in New Zealand under the Immigration Act 2009, has resided continuously in New Zealand for a period of at least 2 years at any one time after the day on which paragraph (a) first applied to him or her.

Section 74A(1): repeal and substitute:

  • (1) A person is not entitled to receive a benefit who is—

    • (a) unlawfully resident or present in New Zealand; or

    • (b) lawfully resident or present in New Zealand but only by virtue of holding a temporary entry class visa.

  • (1A) Despite subsection (1), the chief executive may grant an emergency benefit under section 61 or temporary additional support under section 61G, or may continue, under section 23 of the Social Security (Working for Families) Amendment Act 2004, a special benefit already granted to the person if the chief executive is satisfied that the person is—

    • (a) a person lawfully present in New Zealand who is awaiting the outcome of his or her claim for recognition as a refugee or a protected person; or

    • (b) a person who is recognised as a refugee or a protected person; or

    • (c) a person applying for a residence class visa under the Immigration Act 2009 who is compelled to remain in New Zealand because of unforeseen circumstances.

Section 74A(3)(b)(ii): omit one of the permits listed in paragraph (b) of subsection (1) and substitute holding a temporary entry class visa.

Section 74A(4): omit any of paragraphs (c), (d), or (e) of subsection (1) and substitute subsection (1A).

Item relating to Victims' Rights Act 2002: new section 39(3) in the item relating to section 39: to omit and if possible (line 3 on page 516) and substitute and, if possible,.

Schedule 4

Schedule 4 heading: to omit 384(2) (line 1 on page 518) and substitute 364(2).

Item relating to Corrections Regulations 2005: item relating to regulation 193(1)(c) and (2): to insert after substitute (lines 13 and 14 on page 518) in each case.

To insert the following item after the item relating to the Land Transport (Driver Licensing) Rule 1999 (after line 18 on page 519):

Land Transport Rule 32006/1: Frontal Impact 2001

Definition of Immigrant's vehicle in Part 2: revoke and substitute:

immigrant's vehicle means a Class MA, MB, or MC motor vehicle that is—

  • (a) imported into New Zealand by a New Zealand citizen, or a New Zealand resident, who has lived outside New Zealand for a period of not less than 21 months before the date of his or her arrival in or return to New Zealand; and

  • (b) identified in writing and in accordance with Schedule 1 by the Director, or by an organisation appointed by the Director under 4.6(5), as being an immigrant's vehicle.

Definition of New Zealand resident in Part 2: revoke and substitute:

New Zealand resident means a person who holds a residence class visa under the Immigration Act 2009.

Clause 2(a) of Schedule 1: revoke and substitute:

  • (a) be a New Zealand citizen or a New Zealand resident; and.

Clause 3(a) of Schedule 1: revoke and substitute:

  • (a) be a New Zealand citizen or a New Zealand resident; and.

To insert the following item after the item relating to the Sale of Liquor Regulations 1990 (after line 22 on page 519):

Social Security (SuperGold Card) Regulations 2007 (SR 2007/209)

Regulation 9(b): revoke and substitute:

  • (b) is the holder of a residence class visa granted under the Immigration Act 2009.

To insert the following item before the item relating to the United Nations Sanctions (Côte d'Ivoire) Regulations 2005 (before line 11 on page 521):

United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007 (SR 2007/356)

Regulation 13(2) and (3): revoke and substitute:

  • (2) A visa may be granted under the Immigration Act 2009 to a person who is a specified entity only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

  • (3) This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

To insert the following items after the item relating to the United Nations Sanctions (Democratic People's Republic of Korea) Regulations 2006 (after line 30 on page 521):

United Nations Sanctions (Democratic Republic of the Congo) Regulations 2004 (SR 2004/465)

Regulation 12D(4) and (5): revoke and substitute:

  • (4) A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

  • (5) This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

United Nations Sanctions (Iran) Regulations 2007 (SR 2007/74)

Regulation 16B(4) and (5): revoke and substitute:

  • (4) A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

  • (5) This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

United Nations Sanctions (Lebanon) Regulations 2008 (SR 2008/262)

Regulation 17(4) and (5): revoke and substitute:

  • (4) A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

  • (5) This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

Item relating to the United Nations Sanctions (Liberia) Regulations 2001: item relating to regulation 16(2) and (3): to omit Liberian citizen (line 5 on page 522) and substitute designated person.

Item relating to the United Nations Sanctions (Sierra Leone) Regulations 1997: item relating to regulation 11(4): to omit this item (lines 12 and 13 on page 522) and substitute the following item:

Regulation 11(3A) and (4): revoke and substitute:

  • (3A) A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

  • (4) This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

To insert the following items before the item relating to the United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007 (before line 14 on page 522):

United Nations Sanctions (Somalia) Regulations 1992 (SR 1992/42)

Regulation 10F(4) and (5): revoke and substitute:

  • (4) A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

  • (5) This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

United Nations Sanctions (Sudan) Regulations 2004 (SR 2004/466)

Regulation 13D(4) and (5): revoke and substitute:

  • (4) A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

  • (5) This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

Item relating to the United Nations Sanctions (Al-Quaida and Taliban) Regulations 2007: to omit this item (lines 14 to 23 on page 522).

Schedule 5

To omit this Schedule (pages 523 to 525) and substitute the following Schedule:

Schedule 5
Visas corresponding to visas and permits held under former Act

s 373

Part 1
Visas corresponding to visas held under former Act by persons who are outside New Zealand

Visa held under former Act Visa holder is deemed to hold under this Act

Residence visa—

  • (a) allowing a single journey to New Zealand; and

  • (b) of limited duration

 

Resident visa—

  • (a) allowing travel to New Zealand for a single journey within the period or until the date specified in the residence visa issued under the former Act; and

  • (b) if the holder is granted entry permission, allowing stay in New Zealand

Residence visa—

  • (a) allowing a single journey to New Zealand; and

  • (b) of limited duration; and

  • (c) that specifies requirements are to be imposed under section 18A of the former Act on grant of permit

 

Resident visa—

  • (a) allowing travel to New Zealand for a single journey within the period or until the date specified in the residence visa issued under the former Act; and

  • (b) if the holder is granted entry permission, allowing stay in New Zealand subject to conditions equivalent to the requirements specified in the residence visa issued under the former Act

Returning resident's visa of limited duration and residence visa—

  • (a) allowing a single journey to New Zealand; and

  • (b) of limited duration

 

Resident visa—

  • (a) allowing travel to New Zealand for a single journey within the period or until the date specified in the residence visa issued under the former Act; and

  • (b) if the holder is granted entry permission,—

    • (i) allowing stay in New Zealand; and

    • (ii) allowing further travel to New Zealand for an unlimited number of journeys within the period (calculated from the date entry permission is granted) or until the date specified in the returning resident's visa issued under the former Act

Returning resident's visa of limited duration

 

Resident visa—

  • (a) allowing travel to New Zealand for an unlimited number of journeys within the period or until the date specified in the returning resident's visa issued under the former Act; and

  • (b) allowing the holder to enter New Zealand; and

  • (c) allowing the holder to stay in New Zealand

Returning resident's visa of limited duration that specifies requirements are to be imposed under section 18A of the former Act on grant of permit

 

Resident visa—

  • (a) allowing travel to New Zealand for an unlimited number of journeys within the period or until the date specified in the returning resident's visa issued under the former Act; and

  • (b) allowing the holder to enter New Zealand; and

  • (c) allowing stay in New Zealand subject to conditions equivalent to the requirements specified in the returning resident's visa issued under the former Act

Returning resident's visa of indefinite duration

 

Permanent resident visa

Visitor's visa 

Temporary visa—

  • (a) allowing travel to New Zealand—

    • (i) within the period or until the date specified in the visitor's visa issued under the former Act; or

    • (ii) for the number of journeys specified in the visitor's visa issued under the former Act and within the period or until the date specified in that visa; and

  • (b) if the holder is granted entry permission—

    • (i) allowing stay in New Zealand for the period or until the date specified in the visitor's visa issued under the former Act; and

    • (ii) subject to the condition that the holder does not work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand) or study, unless the conditions of the visitor's visa issued under the former Act provided otherwise; and

    • (iii) subject to conditions equivalent to any conditions specified in the visitor's visa issued under the former Act

Student visa 

Temporary visa—

  • (a) allowing travel to New Zealand—

    • (i) within the period or until the date specified in the student visa issued under the former Act; or

    • (ii) for the number of journeys specified in the student visa issued under the former Act and within the period or until the date specified in that visa; and

  • (b) if the holder is granted entry permission, allowing the holder to study subject to conditions equivalent to any conditions specified in the student visa issued under the former Act

Work visa 

Temporary visa—

  • (a) allowing travel to New Zealand—

    • (i) within the period or until the date specified in the work visa issued under the former Act; or

    • (ii) for the number of journeys specified in the work visa issued under the former Act and within the period or until the date specified in that visa; and

  • (b) if the holder is granted entry permission, allowing the holder to work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand) subject to conditions equivalent to any conditions specified in the work visa issued under the former Act

Limited purpose visa 

Limited visa—

  • (a) allowing travel to New Zealand—

    • (i) within the period or until the date specified in the limited purpose visa issued under the former Act; or

    • (ii) for the number of journeys specified in the limited purpose visa issued under the former Act and within the period or until the date specified in that visa; and

  • (b) if the holder is granted entry permission, allowing stay in New Zealand—

    • (i) only for the period or until the date specified in the limited purpose visa issued under the former Act; and

    • (ii) only for the purpose for which the limited purpose visa issued under the former Act was issued; and

    • (iii) subject to conditions equivalent to any conditions specified in the limited purpose visa issued under the former Act

Transit visa 

Transit visa allowing travel to New Zealand—

  • (a) within the period or until the date specified in the transit visa issued under the former Act; or

  • (b) for the number of journeys specified in the transit visa issued under the former Act and within the period or until the date specified in that visa

Temporary visa granted for the purpose of the Mutual Assistance in Criminal Matters Act 1992

 

Limited visa—

  • (a) deemed to be granted under section 72 of this Act; and

  • (b) allowing travel to New Zealand within the period or until the date specified in the temporary visa issued under the former Act; and

  • (c) subject to conditions equivalent to any conditions specified in the temporary visa issued under the former Act

Part 2
Visas corresponding to visas and permits held under former Act by persons who are onshore

Visa or permit held under former Act Visa holder is deemed to hold under this Act
Residence permit only 

Resident visa allowing stay in New Zealand

Residence permit subject to requirements imposed under section 18A of the former Act

 

Resident visa allowing stay in New Zealand subject to conditions equivalent to the requirements imposed under section 18A of the former Act

Residence permit and returning resident's visa of limited duration

 

Resident visa—

  • (a) allowing stay in New Zealand; and

  • (b) allowing travel to New Zealand for an unlimited number of journeys within the period or until the date specified in the returning resident's visa issued under the former Act; and

  • (c) allowing entry to New Zealand within the period or until the date specified in the returning resident's visa issued under the former Act

Residence permit subject to requirements imposed under section 18A of the former Act and returning resident's visa of limited duration

 

Resident visa—

  • (a) allowing stay in New Zealand; and

  • (b) subject to conditions equivalent to the requirements imposed under section 18A of the former Act; and

  • (c) allowing travel to New Zealand for an unlimited number of journeys within the period or until the date specified in the returning resident's visa issued under the former Act; and

  • (d) allowing entry to New Zealand within the period or until the date specified in the returning resident's visa issued under the former Act

Residence permit and returning resident's visa of indefinite duration

 

Permanent resident visa

Visitor's permit only

 

Temporary visa—

  • (a) allowing stay in New Zealand for the period or until the date specified in the visitor's permit granted under the former Act; and

  • (b) subject to the condition that the holder does not work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand) or study, unless the conditions of the visitor's permit granted under the former Act provided otherwise; and

  • (c) subject to conditions equivalent to the conditions of the visitor's permit granted under the former Act

Visitor's permit and visitor's visa

 

Temporary visa—

  • (a) allowing stay in New Zealand for the period or until the date specified in the visitor's permit granted under the former Act; and

  • (b) subject to the condition that the holder does not work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand) or study, unless the conditions of the visitor's permit granted under the former Act provided otherwise; and

  • (c) subject to conditions equivalent to the conditions of the visitor's permit granted under the former Act; and

  • (d) allowing travel to New Zealand—

    • (i) within the period or until the date specified in the visitor's visa issued under the former Act; or

    • (ii) for the number of journeys specified in the visitor's visa issued under the former Act and within the period or until the date specified in that visa

Student permit only

 

Temporary visa—

  • (a) allowing stay in New Zealand for the period or until the date specified in the student permit granted under the former Act; and

  • (b) allowing the holder to study; and

  • (c) subject to conditions equivalent to the conditions of the student permit granted under the former Act

Student permit and student visa

 

Temporary visa—

  • (a) allowing stay in New Zealand for the period or until the date specified in the student permit granted under the former Act; and

  • (b) allowing the holder to study; and

  • (c) subject to conditions equivalent to the conditions of the student permit granted under the former Act; and

  • (d) allowing travel to New Zealand—

    • (i) within the period or until the date specified in the student visa issued under the former Act; or

    • (ii) for the number of journeys specified in the student visa issued under the former Act and within the period or until the date specified in that visa

Work permit only

 

Temporary visa—

  • (a) allowing stay in New Zealand for the period or until the date specified in the work permit granted under the former Act; and

  • (b) allowing the holder to work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand); and

  • (c) subject to conditions equivalent to the conditions of the work permit granted under the former Act

Work permit and work visa

 

Temporary visa—

  • (a) allowing stay in New Zealand for the period or until the date specified in the work permit granted under the former Act; and

  • (b) allowing the holder to work in New Zealand (including the territorial sea or the exclusive economic zone of New Zealand); and

  • (c) subject to conditions equivalent to the conditions of the work permit granted under the former Act; and

  • (d) allowing travel to New Zealand—

    • (i) within the period or until the date specified in the work visa issued under the former Act; or

    • (ii) for the number of journeys specified in the work visa issued under the former Act and within the period or until the date specified in that visa

Limited purpose permit only

 

Limited visa—

  • (a) allowing stay in New Zealand only for the period or until the date specified in the limited purpose permit granted under the former Act; and

  • (b) only for the purpose for which the limited purpose permit granted under the former Act was granted; and

  • (c) subject to conditions equivalent to the conditions of the limited purpose permit granted under the former Act

Limited purpose permit and limited purpose visa

 

Limited visa—

  • (a) allowing stay in New Zealand only for the period or until the date specified in the limited purpose permit granted under the former Act; and

  • (b) only for the purpose for which the limited purpose permit granted under the former Act was granted; and

  • (c) subject to conditions equivalent to the conditions of the limited purpose permit granted under the former Act; and

  • (d) allowing travel to New Zealand—

    • (i) within the period or until the date specified in the limited purpose visa issued under the former Act; or

    • (ii) for the number of journeys specified in the limited purpose visa issued under the former Act and within the period or until the date specified in that visa

Temporary permit granted for the purposes of the Mutual Assistance in Criminal Matters Act 1992

 

Limited visa—

  • (a) deemed to be granted under section 72 of this Act; and

  • (b) allowing stay in New Zealand only for the period or until the date specified in the temporary permit granted under the former Act; and

  • (c) for the purpose for which the temporary permit granted under the former Act was granted; and

  • (d) subject to conditions equivalent to the conditions of the temporary permit granted under the former Act


Explanatory note

This Supplementary Order Paper amends the Immigration Bill. Most of the amendments are of a minor, typographical, or technical nature (for example, cross-references and inconsistencies in language within the Bill are corrected). In addition, there are some more substantial amendments, including the amendments discussed in the following paragraphs.

Clause 4B describes how time frames are calculated in relation to making applications or for lodging appeals under the Act. The amendment to this clause describes how time frames are calculated for lodging appeals if another department is responsible for providing administrative support to the Immigration and Protection Tribunal. In this case, the period between Christmas and New Year will not count when calculating the time frames for lodging appeals.

Clause 7 of the Bill is amended to reflect the intent that generally a New Zealand citizen will not hold a visa. The amendment recognises that there are some people who are New Zealand citizens by operation of law, but who will have no evidence to prove that is the case (as they have not registered or sought an evidentiary certificate from the Department of Internal Affairs). This class of person may hold a visa.

New clauses 37D and 41D are inserted to clarify that sponsorship may be a condition of a visa. If sponsorship is imposed as a condition of a visa, this amendment clarifies that a visa holder may become liable for deportation if a sponsor fails to meet his, her, or its undertakings.

Clause 125 of the Bill is amended to provide that a claim for refugee status must not be accepted for consideration if the refugee and protection officer is satisfied that circumstances related to the claim were brought about by the claimant acting otherwise than in good faith and in order to create grounds for recognition as a refugee. The amendments to clause 125 also provide that actions of other persons do not mitigate the claimant’s actions in this respect. Clause 176 is amended to provide a right of appeal against such a decision by a refugee and protection officer, and new clause 176C is inserted to set out the way in which the Tribunal will determine these appeals.

Clause 130(1) of the Bill limits the situations in which a refugee and protection officer may consider a subsequent claim for refugee status. This clause is amended to reflect the amendments made to clause 125. Clause 178 of the Bill sets out how the Tribunal must determine appeals against the refusal of a refugee and protection officer to consider a subsequent claim by a person to be recognised as a refugee. This clause is also amended to align it with the amendments to clauses 125 and 130.

Clause 140 of the Bill currently requires confidentiality to be maintained in relation to claimants, refugees, and protected persons (and the particulars of their cases) while also allowing disclosure of information in certain circumstances as appropriate. However, the clause allows information to be disclosed where the claimant or person concerned has expressly waived his or her right to confidentiality. Clause 140 is amended to allow information to also be disclosed where the claimant or person concerned has impliedly waived his or her right to confidentiality through his or her words or actions. This amendment reflects the status quo under the Immigration Act 1987. Clause 140 is further amended to allow the chief executive and the Attorney-General to publish certain refugee and protection decisions if they determine that publication is in the public interest and would not endanger the safety of the claimant or any other person.

The Transport and Industrial Relations Committee recommended in its report an amendment to the Bill to empower the Minister or an immigration officer to cancel a deportation order served on a person who is unlawfully in New Zealand. New clause 165A(1) gives effect to this recommendation.

The SOP amends clause 191A, which sets out the effect of a person having his or her liability for deportation suspended. The amendment clarifies that if the Tribunal suspends a resident's or permanent resident's liability for deportation, the person will not remain in immigration detention or be subject to residence or reporting requirements or release conditions.

The SOP inserts new clause 239B. This clause authorises the Immigration and Protection Tribunal and the courts to appoint special advisers, as well as counsel assisting the court, for the purposes of any proceedings before the Tribunal involving classified information. New clause 239C provides for the payment of special advisers and counsel assisting the court.

Clause 265 allows for information matching to enable the Ministry of Social Development to verify certain matters related to social security benefits. The SOP makes some technical amendments to this clause and amends the information that can be disclosed in order to better reflect the new provisions for visas, deportation, appeals, and refugee and protection status determinations in the Bill.

Clause 285 of the Bill relates to an application for a further warrant of commitment that, if granted, would result in a person being continuously detained under consecutive warrants for a period of more than 6 months. The amendment to subclause (2) clarifies that a District Court Judge must issue a further warrant of commitment if satisfied that—

  • the person's ongoing detention is due to some action or inaction of the person; and

  • no exceptional circumstances apply.

Subclause (10) currently defines exceptional circumstances to exclude the period of time a person has already been detained under Part 9. This SOP recasts that clause to include an additional matter: the possibility that a person's departure or deportation may continue to be prevented by the person's action or inaction.

The Bill allows for fees to be prescribed and for administration charges relating to the Immigration and Protection Tribunal to be collected. The SOP amends these provisions (clauses 351 and 352) so that if another department is responsible for administering the Immigration and Protection Tribunal, that department can receive fees and charge for services in relation to the Tribunal. The SOP also amends clause 343 to allow the chief executive of that department to approve and issue forms relating to proceedings in the Immigration and Protection Tribunal.

The SOP inserts a new Part 13 into the Bill. This Part deals with amendments to the Immigration Act 1987. New clause 432 inserts a new section 141ABA into that Act. The section authorises the disclosure of information by the Department of Labour to an employer to enable the employer to verify that a person is entitled under that Act to work in the employer's service.

Clauses 3(2)(e)(ii), and (f), 4(1) (the definition of appeal on humanitarian grounds), 5D, and 142 are amended, and new clauses 165A and 432 are inserted, to ensure that certain decisions (for example, decisions about whether or not a person liable for deportation (or removal under the Immigration Act 1987) from New Zealand should be deported (or removed)) are decisions made by immigration officers implementing the practical elements of the final stage of removal of the person and do not require any test or any particular test. In particular, immigration officers are not required to apply the test set out in section 47(3) of the Immigration Act 1987 or in clause 186 of the Bill, as the case may be, when considering cancellation of a removal order or a deportation order. At this stage, the essential legal issue is whether the person is in New Zealand unlawfully. These amendments overturn the future effect of most of the key findings (including the findings that required immigration officers to apply the humanitarian appeal test and imposed duties of inquiry on them) in the recent Supreme Court decisions Ye v Minister of Immigration; Qiu v Minister of Immigration [2009] NZSC 76, and Huang v Minister of Immigration[2009] NZSC77, all judgments being delivered on 20 July 2009. The amendments, however, do not affect the position of the litigants in those decisions.

The SOP amends clauses 25(1), 36(2)(cb), 37, 55A, 59(1)(c)(ii), 61, 62, 65, 87, 89, 90, 91, 92, 95, 96, 103, 306, 359, 360, and 430 and inserts new clauses 87A, 87B, and 343AB. These amendments are to facilitate passenger movement under the Bill to support, for example, any future government decisions to facilitate simplified passenger travel between New Zealand and Australia. The amendments include changes to the visa and entry permission provisions so that a visa allowing stay in New Zealand (for those subject to a visa waiver) and entry permission can be applied for and granted offshore, prior to the person concerned boarding a flight to New Zealand. Amendments are also made to authorise the chief executive of the department responsible for the Bill to designate overseas places (for example, ports, airports, or offices of the New Zealand Government) as places where entry permission can be granted before a person travels to New Zealand.

The SOP amends clauses 29, 261(8), 267(10), 270, and Schedule 3 and inserts new clauses 266A, 267A, and 267B. These related amendments—

  • add biometric information to the information that may be the subject of information matching between, or disclosure to, specific government agencies; and

  • insert information disclosure provisions to enable specific government agencies to check the immigration status of consumers or potential consumers of health and disability support services and the identity, character, or immigration status of certain persons.

Clauses 117, 119, and 175 are amended to clarify that decisions about refugee status will be made in accordance with the Act.

The SOP replaces the amendment to the Parole Act 2002 in Schedule 3 of the Bill with an amendment that allows prison inmates who are liable for deportation to be deported before their sentences end.

Schedule 5 of the Bill has been redrafted to make it more accurate. This schedule sets out what visa a person is deemed to hold under the Bill in the circumstances where the person was the holder of a visa or permit under the former Act immediately before the commencement of clause 362 (being the clause that repeals the Immigration Act 1987).