Immigration Act 2009

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Version as at 5 October 2021

Immigration Act 2009

Public Act		2009 No 51
Date of assent		16 November 2009
Commencement		see section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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

1	Title
2	Commencement
	Part 1 Preliminary provisions
3	Purpose
4	Interpretation
5	Notifications
6	How periods of time to be calculated
7	Meaning of classified information and proceedings involving classified information
8	Meaning of granting visa or entry permission as result of administrative error
9	Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen)
9A	Meaning of mass arrival group
10	Meaning of deported
11	Meaning of absolute discretion of the decision maker
11A	Transitional, savings, and related provisions
12	Act binds the Crown
	Part 2 Core provisions and matters in relation to decision making
	Eligibility to be in or enter New Zealand
13	New Zealand citizens may enter and be in New Zealand at any time
14	Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand
	Excluded persons
15	Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand
16	Certain other persons not eligible for visa or entry permission
17	Exceptions to non-eligibility for visa or entry permission
	Persons unlawfully in New Zealand
18	Obligation of persons unlawfully in New Zealand to leave New Zealand
19	Duty of chief executive to communicate obligation to leave New Zealand
20	No right for person unlawfully in New Zealand to apply for visa
21	No right for person unlawfully in New Zealand to work or study
	Immigration instructions
22	Immigration instructions
23	Immigration instructions classified as residence instructions, temporary entry instructions, or transit instructions
24	Immigration instructions for lapsing of applications for visas
25	Publication of immigration instructions
	Processing claims and applications for visas and entry permission
26	How claims and applications for visas and entry permission processed
	Reasons for decisions
27	Reasons for decisions must be given if visa or entry permission refused to certain persons
	Automated decision making and biometric information
28	Automated decision making in relation to visas, etc
29	Automated decision making in advance passenger processing
29A	Use of automated system to confirm New Zealand citizenship
30	Use of biometric information in decision making
31	Collection and storage of biometric information
32	Department to undertake privacy impact assessment
	Reliance on classified information in decision making
33	Classified information relating to security or criminal conduct may be relied on in decision making
34	Minister may receive briefing
35	Protection of classified information
36	Classified information must be balanced
37	Withdrawal or updating of classified information
38	Summary of allegations to be developed
39	Reasons, etc, to be given where prejudicial decision made using classified information
40	Where classified information may be relied on without requirement for summary or reasons
41	Declassification of classified information
42	No right of complaint to Inspector-General of Intelligence and Security
	Part 3 Visas
	Subpart 1—Visas generally
43	Effect of visa
44	Person may hold only 1 current visa
45	Grant of visa generally matter of discretion
46	Grant of visa does not guarantee entry permission
47	Grant of visa may be conditional on payment of bond
48	Grant of visa may be conditional on sponsorship
	Visa conditions
49	Visas may be subject to conditions
50	Conditions on resident visas
51	Resident visa holder may apply for variation of travel conditions
52	Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions)
53	Conditions on temporary entry class visas subject to restricted temporary entry instructions
54	Conditions on transit visas
55	Condition that visa holder have sponsor
56	Visa holder must comply with conditions
	General rules relating to visas
57	Applications for visas
58	Obligation on applicant to inform of all relevant facts, including changed circumstances
59	Applications by minors
60	Biometric information may be required from visa applicant
61	Grant of visa in special case
61A	Grant of visas by special direction
62	Form of visa
63	Expiry of visa
64	Cancellation of visa on triggering event
65	Cancellation of resident visa before holder first arrives in New Zealand as holder of visa
66	Cancellation of temporary entry class or transit visa by Minister or immigration officer
67	Cancellation of visa for administrative error
68	Grant of further visa where visa granted in error
	Waiver of requirement for visa permitting travel to New Zealand in certain cases
69	Waiver of requirement for visa permitting travel to New Zealand in certain cases
	Subpart 2—Classes of visa
70	Classes of visa
	Residence class visas
71	Who may apply for residence class visa
72	Decisions on applications for residence class visa
73	Currency and nature of permanent resident visa
74	Currency and nature of resident visa
75	Former New Zealand citizens deemed to hold resident visa
	Temporary entry class visas: provisions applying to all types
76	Decisions on applications for temporary entry class visa
77	Currency and nature of temporary entry class visa
78	Deemed extension of temporary entry class visa expiring during epidemic
78A	Extension of temporary entry class visa by special direction
	Temporary entry class visas: provisions applying to temporary visas
79	Who may apply for temporary visa
	Temporary entry class visas: provisions applying to interim visas
80	Interim visa
	Temporary entry class visas: provisions applying to limited visas
81	Who may apply for limited visa
82	Grant of limited visa rather than temporary visa applied for or held
83	Grant of limited visa in relation to criminal matters
84	Currency of limited visa
85	Limitations and conditions on holders of limited visa
	Transit visas
86	Who must obtain transit visa
86A	Obligation of transit passenger
87	Transit visa may be granted as exception to immigration instructions
88	Currency of transit visa
89	Limitations on holders of transit visa
90	Cancellation of transit visa
91	Expiry of transit period
	Invitation to apply for visa
92	Expressions of interest
93	Obligation to inform of all relevant facts, including changed circumstances
94	Invitation to apply for visa
95	Issue of invitation to apply for visa matter of discretion
	Part 4 Arrivals and departures
	Advance passenger processing
96	Carrier, and person in charge, of commercial craft to provide advance passenger processing information before departure
97	Chief executive may make decision about person boarding commercial craft for purpose of travelling to New Zealand
97A	Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand
98	Grant of entry permission outside New Zealand
99	New Zealand citizen may confirm citizenship before arrival in New Zealand
100	Collection of biometric information from proposed arrivals
	Obligations in relation to craft coming to New Zealand
101	Obligations in relation to craft en route to or arriving in New Zealand
102	Obligations of carriers, and persons in charge, of craft to provide information
	Obligations on persons arriving in New Zealand
103	Obligations on persons arriving in New Zealand
104	New Zealand citizens arriving in New Zealand to be photographed
105	Responsibilities of internationally ticketed passengers travelling by air within New Zealand
106	Responsibilities of domestic passengers travelling by air within New Zealand
	Entry permission
107	Effect of entry permission or refusal of entry permission
108	Decisions on entry permission in relation to residence class visa holders
109	Decisions on entry permission in relation to temporary entry class visa holders
109A	Form of entry permission
110	Applicant for entry permission to provide address
111	Collection of biometric information
112	Obligation to inform of all relevant facts, including changed circumstances
113	Revocation of entry permission for administrative error
113A	Revocation of deemed entry permission
	Turnaround provisions
114	Person failing to present and apply for entry permission
115	Arrest, detention, and turnaround of persons
116	When section 115 ceases to apply to person
117	When turnaround ceases to apply to person remanded in custody or imprisoned
	Obligations in relation to departure from New Zealand
118	Obligations of carriers, and persons in charge, of craft
119	Obligations of persons leaving New Zealand
120	Persons other than New Zealand citizens leaving New Zealand to allow biometric information to be collected
	Special provision for emergencies, etc
121	Persons deemed not to leave New Zealand in certain circumstances
122	Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control
	Protection for carriers, and persons in charge, of craft
123	Protection for carriers, and persons in charge, of craft
	Part 5 Refugee and protection status determinations
124	Purpose of Part
125	Refugee or protection status to be determined under this Act
126	Recognition of refugees selected outside New Zealand
127	Context for decision making
128	Matter not finally determined until expiry of appeal period or when appeal determined
	Claims for recognition as refugee or protected person
129	Recognition as refugee
130	Recognition as protected person under Convention Against Torture
131	Recognition as protected person under Covenant on Civil and Political Rights
132	Claims not to be accepted from certain persons
133	How claim made
134	Whether to accept claim for consideration
135	Claimant responsible for establishing claim
135A	Suspension of determination of claim
136	How refugee and protection officer to determine claim
137	Matters to be determined by refugee and protection officer
138	Decision on claim
139	Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts
140	Limitation on subsequent claims
141	Procedure on subsequent claims
142	Claim treated as withdrawn if claimant leaves New Zealand
	Cessation or cancellation of recognition
143	Cessation of recognition as refugee or protected person
144	Application to Tribunal for cessation of recognition as refugee or protected person
145	Cancellation of New Zealand citizen’s recognition as refugee or protected person
146	Cancellation of person’s recognition as refugee or protected person (other than New Zealand citizen)
147	Application to Tribunal for cancellation of New Zealand citizen’s recognition as refugee or protected person
148	Procedures to be followed when refugee and protection officer making determination under section 143, 145, or 146
	Miscellaneous matters
149	Powers of refugee and protection officers
150	Special provision relating to claimants granted temporary visas
151	Confidentiality to be maintained in respect of claimants, refugees, and protected persons
152	Disclosure of information about claimant, refugee, or protected person by government agencies
	Part 6 Deportation
153	Purpose of Part
	Liability for deportation
154	Deportation liability if person unlawfully in New Zealand
155	Deportation liability if person’s visa granted in error
156	Deportation liability if visa held under false identity
157	Deportation liability of temporary entry class visa holder for cause
158	Deportation liability of residence class visa holder due to fraud, forgery, etc
159	Deportation liability of resident if visa conditions breached
160	Deportation liability of residence class visa holder if new information as to character becomes available
161	Deportation liability of residence class visa holder convicted of criminal offence
162	Deportation liability if refugee or protection status cancelled under section 146
163	Deportation liability of persons threatening security
164	Limitation on deportation of persons recognised or claiming recognition as refugee or protected person
165	Immigration officer must have regard to certain matters when dealing with claimants, refugees, or protected persons
166	Limitation on deportation of diplomats, etc
167	Period of deportation liability
168	Liability for deportation when person outside New Zealand
169	Effect of being liable for deportation
	Notification of liability for deportation
170	Deportation liability notice
171	Contents of deportation liability notice
	Cancellation or suspension of deportation liability
172	Minister may cancel or suspend liability for deportation
173	Right of victims to make submissions on suspension or cancellation of liability for deportation
173A	Person may defer lodging appeal against liability for deportation
174	Effect of suspension
	Deportation
175	Service of deportation order
175A	Time when deportation order may be served
176	Content of deportation order
177	Deportation order may be cancelled
178	Executing deportation order
179	Deported person may not enter New Zealand during period of prohibition on entry
180	Deported person may not enter New Zealand until costs of deportation repaid
181	Consequences for deported person if person enters or attempts to enter New Zealand during period of prohibition on entry
182	Minister may reduce or remove period of prohibition on entry
	Part 7 Appeals, reviews, and other proceedings
183	Interpretation
184	Purpose of Part
	Limited right of reconsideration concerning temporary entry class visas
185	Right of reconsideration if onshore application for further temporary visa declined
	Limited right of review in respect of temporary entry class visa decisions
186	Limited right of review in respect of temporary entry class visa decisions
	Appeals in relation to residence class visas
187	Rights of appeal in relation to decisions concerning residence class visas
188	Determination of appeal in relation to residence class visa
189	Use of further information in appeals under section 187
190	Procedure where appeal successful or Tribunal makes recommendation
	No appeal or review rights in relation to invitations to apply and transit visas
191	No appeal or review rights in relation to invitations to apply
192	No appeal or review rights in relation to transit visas
	Appeals against decisions relating to refugee or protection status
193	Tribunal consideration of refugee and protection matters
194	Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims)
195	Right of appeal in relation to subsequent claims for refugee or protection status
196	Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement
197	Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee
198	Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition
199	After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts
200	Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person
	Appeal on facts against liability for deportation
201	Persons who may appeal to Tribunal on facts
202	Grounds for determining appeal on facts
203	Process when entitlement to appeal on facts and humanitarian grounds
204	Special process where refugee or protection status acquired through fraud, etc
205	Special process if refugee or protected person liable for deportation under section 161
	Appeal on humanitarian grounds against liability for deportation
206	Who may appeal to Tribunal on humanitarian grounds
207	Grounds for determining humanitarian appeal
208	Right of victims to make submission on appeal
	Orders on determination of appeal
209	Tribunal may make orders considered necessary on allowing appeal against liability for deportation
210	Tribunal may order grant of visa on allowing appeal against liability for deportation
211	Effect of successful appeal against liability for deportation
212	Tribunal may suspend liability for deportation on allowing humanitarian appeal
213	Effect of suspension
214	Effect of suspension on appeal
215	Tribunal may reduce or remove period of prohibited entry under deportation order
216	Tribunal may make order delaying deportation if appeal unsuccessful
	Immigration and Protection Tribunal
217	Immigration and Protection Tribunal
218	Nature of Tribunal
219	Membership of Tribunal
219A	Appointment of temporary acting chair or member of Tribunal
220	Role of chair of Tribunal
221	Exercise of jurisdiction
222	Procedure for determining appeals and matters generally
223	Chair to ensure appeals and matters heard expeditiously
224	Tribunal may dismiss frivolous or vexatious appeal
224AA	Tribunal may strike out, determine, or adjourn appeal
224A	Annual report on performance of Tribunal’s functions
	Procedure for appeals and matters
225	How appeal or matter lodged
226	Proceedings on appeal or matter
227	Minister or Department is party to proceedings
228	Information Tribunal may consider
229	Tribunal may require chief executive to provide information
230	Tribunal must disclose prejudicial information
231	Findings of credibility and fact
232	Tribunal may require provision of biometric information
233	When Tribunal must or may provide oral hearing
234	Decision on papers in other circumstances
235	Tribunal may issue single decision when appeals or matters heard together
236	Appeals against deportation liability where person serving prison sentence
237	Procedure
238	Withdrawal of appeal or matter
239	Deemed withdrawal of certain appeals where person leaves New Zealand
	Special procedure where classified information involved
240	How proceedings involving classified information to be conducted by Tribunal
241	Presentation of classified information to Tribunal
242	Tribunal to approve summary of allegations
243	Matters to be considered by Tribunal
244	Tribunal may require mixture of closed and open hearings
	Appeal from Tribunal and judicial review
245	Appeal to High Court on point of law by leave
246	Appeal to Court of Appeal on point of law by leave
247	Special provisions relating to judicial review
248	Minister, chief executive, or refugee and protection officer may be respondent in review proceedings relating to Tribunal decision
249	Restriction on judicial review of matters within Tribunal’s jurisdiction
249A	Applications for appeal and judicial review of Tribunal decision to be lodged together
249B	Appeal to Court of Appeal against judicial review of matters within Tribunal’s jurisdiction
250	Certain appeals and review proceedings to be treated as priority fixture
251	Relationship with Senior Courts Act 2016
	General provisions relating to proceedings involving classified information
252	Proceedings involving classified information may be heard only by nominated Judge
253	Appeal to High Court or review proceedings involving classified information
254	Appeal to Court of Appeal or Supreme Court involving classified information
255	Appeal period where decision involving classified information to be appealed to Court of Appeal or Supreme Court
256	Court to approve summary of allegations
257	Priority or urgency to be afforded to proceedings involving classified information
258	Relevant agency entitled to be party to proceedings involving classified information
259	Obligation and powers of Tribunal and courts in relation to classified information
260	Ancillary general practices and procedures to protect classified information
261	No disqualification by reason of security briefing
262	Restriction on appeal and review
	Special advocates
263	Role of special advocates
264	Recognition of special advocates
265	Appointment of special advocate in individual case
266	Appointment of special advocate for purposes of Part 9 proceedings
267	Communication between special advocate and person to whom classified information relates
268	Protection of special advocates from liability
269	Tribunal or court may appoint counsel assisting the court
270	Tribunal or court may appoint special adviser
271	Payment to counsel assisting the court or special adviser
	Part 8 Compliance and information
272	Purpose of Part
273	Meaning of information, document, register, list, etc, in sections 274, 276, 277, and 278
	Power to access address information
274	Certificate requiring production of address information
275	Persons required to provide access to address information
	Powers of entry, inspection, etc
276	Powers of entry and inspection relating to records of accommodation providers
277	Powers of entry and inspection relating to records of employers
277A	Powers of entry and search for employees on employers’ premises
277B	Department must review and report on entry and search powers under section 277A
277C	Departmental annual report to record exercise of entry and search powers under section 277A
278	Powers of entry and inspection relating to records of education providers
	Power to require production of documents, etc
279	Powers of immigration officer to require information and documents where offence suspected
279A	Treatment of identity documents and other things
280	Power of immigration officer to request information and documents where liability for deportation or turnaround suspected
281	Power to require information from person liable for deportation or turnaround
281A	Obligation of third parties to surrender identity documents
281B	Power of entry and search for identity documents
	Powers at border
282	Immigration officer’s powers to enter immigration control area
283	Powers at border
284	Power of entry and search of craft
285	Power of entry and search at border place
285A	Search of persons
	Powers relating to deportation and turnaround
286	Powers of entry and search relating to deportation
287	Special biometric information
288	Requirement to allow collection of biometric information and special biometric information
289	Application for order authorising collection of biometric information
290	Judge may authorise biometric information and special biometric information to be collected
290A	Obtaining biometric information by compulsion
291	Further applications for compulsion order
	Powers generally
292	Immigration officer may have assistance
293	Police to have powers of immigration officers
293A	Warrant to enter and search
	Disclosure of information to or by other agencies, bodies, or persons
294	Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence
295	Information matching to locate person in serious default of payment of fine
296	No Crown liability to third parties for fines enforcement action
297	Chief executive may supply information concerning specified fines defaulters to commercial carriers [Repealed]
298	Information matching to verify social security benefit matters
299	Information matching to recover costs of visa holder’s social security benefit from sponsor
300	Information matching to determine eligibility or liability to pay for publicly funded health and disability support services
301	Disclosure of immigration information to verify eligibility for publicly funded services
302	Disclosure of information to enable Department to check identity, character, and status
303	Disclosure of information to enable specified agencies to check identity and character
303A	Disclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security
303B	Direct access to information for purposes of law enforcement, counter-terrorism, and security
303C	Requirements for agreements entered into under section 303, 303A, or 303B
304	Disclosure of information to employers
305	Disclosure of information overseas
306	Information that may be disclosed under section 305
	Part 9 Detention and monitoring
307	Purpose of Part
308	This Part code for detention and monitoring of person if detention and monitoring under this Act
	Arrest and detention
309	Persons liable to arrest and detention
310	Purpose for which arrest and detention powers may be exercised
311	Implications of liability to arrest and detention
312	Limited power of detention for up to 4 hours
313	Initial period of detention for up to 96 hours without warrant
314	Persons arrested and detained pending making of deportation order
315	Person may instead agree to residence and reporting requirements
	Warrants of commitment
316	Application for warrant of commitment
317	Decision on application for warrant of commitment
317A	Application for mass arrival warrant
317B	Decision on application for mass arrival warrant
317C	Variation of mass arrival warrant
317D	District Court may impose reporting requirements
317E	Application for further warrant of commitment in respect of mass arrival group
318	Decision on application for warrant if threat or risk to security
319	Warrant of commitment
320	Court may instead release person on conditions
321	Special conditions where threat or risk to security
322	Persons detained under warrant of commitment or released on conditions pending making of deportation order
323	Decisions on warrants of commitment where detention beyond 6 months
324	Review of warrant of commitment or release on conditions
324A	Review of mass arrival warrant
	Applications under this Part involving classified information
325	Consideration by High Court of application involving classified information
326	Process for High Court to consider application
	Duties of detaining officers
327	Duties of detaining officers
328	Additional powers relating to detention by immigration officer
329	Arresting or detaining officer may seek assistance
	Form of custody
330	Approval of premises for purpose of immigration detention
331	Form of custody of persons detained without warrant overnight
332	Form of custody of persons detained under warrant of commitment
333	Special provisions relating to custody
334	Additional provisions relating to custody in approved premises
	Delivery of person for purpose of deportation
335	Delivery of person into custody of immigration officer or police for purposes of deportation
336	Person being deported must be returned to custody or conditions reimposed if craft not available as planned
	Special provision where epidemic management notice in force
337	During epidemic District Court may deal with certain matters on basis of documents only
338	Modification during epidemic of requirements to bring people before District Court Judge
339	During epidemic certain warrants to have effect for 28 days
340	Application of section 320 during epidemic
341	Calculation of consecutive period of detention for purposes of section 323
	Part 10 Offences, penalties, and proceedings
	Offences
342	Provision of false or misleading information
343	Aiding and abetting
344	Obstruction or failing to meet requirements
345	Improper dealings with immigration or identity documents
346	Impersonation
347	Publishing false or misleading information
348	Alteration of forms
349	Offences relating to carriers, and persons in charge, of craft
350	Offences by employers
351	Exploitation of unlawful employees and temporary workers
352	Offences by education providers
353	Offences in relation to Tribunal
354	Failure to maintain confidentiality in relation to refugee or protection matters
	Penalties
355	Penalties: general
356	Penalties: carriers, and persons in charge, of craft
357	Penalties: employers
358	Penalties: education providers
	Infringement offences for carriers, or persons in charge, of craft
359	Infringement offences
360	Proceedings for infringement offences
361	Immigration officer may require information
362	Infringement notices
363	Reminder notices
364	Infringement fees
365	Revocation of infringement notices
365A	Service of notices
	Evidence in proceedings
366	Evidence in proceedings: certificates in relation to persons
367	Evidence in proceedings: certificates as to forms, documents, etc
368	Evidence in respect of matters occurring and documents executed outside New Zealand
369	Presumption that certificates duly authorised
	Procedural provisions relating to offences
370	Procedural provisions relating to offences
371	Presumption of authority
372	Time for filing charging document
	Part 11 Miscellaneous provisions
	Matters relating to immigration status of persons born in New Zealand
373	Immigration status of persons born in New Zealand on or after 1 January 2006
374	Immigration status of persons whose status depends on immigration status of parent
	Minors
375	Minors to have responsible adult to represent their interests
376	Role and rights of responsible adult
377	Views of minor to be considered
	Special directions
378	Special directions
379	Immigration officer to act in accordance with special direction
	Delegation of Minister’s powers
380	Delegation of Minister’s powers
	Matters relating to chief executive
381	Chief executive may approve forms
382	Chief executive to designate immigration control areas
383	Chief executive may designate places outside New Zealand where entry permission may be granted
	Endorsement of New Zealand citizenship in foreign passports
384	Endorsement in foreign passport
	Responsibilities of certain operators of airports and ports
385	Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc
	Notice requirements and addresses for communications
386	Serving and giving notices, etc, to Minister and officers
386A	Serving and giving notices, etc, to other people
387	Address for service
387A	Contact address
387B	Departures from sections 386A to 387A
	Immigration officers and refugee and protection officers
388	Designation of immigration officers
389	Immigration officers’ functions and powers
390	Designation of refugee and protection officers
391	Revocation or lapsing of designations
	Relationship between this Act and Human Rights Act 1993
392	Relationship between this Act and Human Rights Act 1993
	Fees, bonds, levies, etc
393	Fees and how they may be prescribed for purposes of section 400
394	Other charges
395	Exemptions and refunds
396	Imposition of bonds
397	Refund or forfeiture of bond
398	Costs of deportation or repatriation
399	Immigration levy
399A	International visitor conservation and tourism levy
399B	International visitor conservation and tourism levy: consultation and review
	Regulations
400	Regulations generally
401	Regulations relating to visas and expressions of interest
401A	Regulations relating to suspending ability to make applications for visas and expressions of interest
401B	Provisions relating to regulations made for purposes of section 401A
402	Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand
403	Regulations in respect of refugee and protection matters
403A	Regulations made on recommendation of Minister
	Modifications of Act relating to COVID-19 outbreak
403B	Modifications of Act relating to COVID-19 outbreak
	Part 12 Repeals, transitional provisions, saving provisions, and related matters
	Subpart 1—Repeals and related matters
404	Immigration Act 1987 repealed
405	Regulations made under Immigration Act 1987 revoked
406	Consequential amendments and repeals
407	Immigration Act 1987 continues in relation to certain matters and for certain purposes
408	Appeals body members not entitled to compensation
	Subpart 2—Transitional and savings provisions
	Government immigration and residence policy
409	Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions
410	Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 412 applies
	General instructions of chief executive
411	General instructions given under section 13BA of former Act treated as general instructions under section 26(4) of this Act
	Existing applications, expressions of interest, and invitations
412	Existing applications for visas and permits
413	Expressions of interest in residence under section 13D of former Act
414	Invitations to apply for residence under section 13E of former Act
	Existing visas and permits
415	Holder of visa or permit under former Act deemed to be holder of visa and (if applicable) granted entry permission under this Act
416	Returning resident’s visa held by New Zealand citizen under former Act indication of entitlement
417	Persons exempt from holding permit under former Act deemed to be holders of temporary visa or resident visa
	Arrivals and departures
418	Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand
419	Decision by chief executive about person boarding craft for purpose of travelling to New Zealand
420	Information requirements for carrier, and person in charge, of commercial craft
421	Reporting obligations of carriers, and persons in charge, of craft leaving New Zealand
422	Obligations of carriers of craft leaving New Zealand to provide passage
423	Responsibilities of carrier, and person in charge, of craft en route to New Zealand
	Refugee and protection status
424	Person recognised as refugee under former Act treated as recognised as refugee under this Act
425	Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration)
426	Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration
427	Acts or things done by refugee status officer for purposes of claim (including subsequent claim) under former Act not required to be repeated by refugee and protection officer
428	Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act
429	Persons subject to section 129U of former Act
	Turnaround, revocation of permits, removal, deportation, and monitoring
430	Person subject to section 128 or 128B of former Act
431	Deportation liability of residence class visa holder convicted of criminal offence
432	Revocation of permits, removal orders, and deportation orders
433	Permit granted prior to commencement of section 404 as result of administrative error
434	Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act
435	Person released on conditions under former Act
436	Person subject to residence and reporting requirements under former Act
437	No deportation liability if deportation prohibited under former Act
	Persons subject to Part 4A of former Act
438	Person subject to Part 4A of former Act
	Detention and monitoring
439	Certain persons deemed liable for arrest and detention under Part 9
440	Detention of person liable for turnaround
441	Detention of person beyond 6 months
442	Detention under former Act without warrant
443	Detention under former Act with warrant
	Reconsiderations
444	Reconsiderations not determined before former Act repealed
445	Persons eligible for reconsideration before former Act repealed
	Appeals and other matters in relation to appellate bodies
446	Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed
447	Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed
448	Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed
449	Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed
450	Appeals not determined by court before former Act repealed
451	Persons eligible to appeal to court before former Act repealed
452	Appeals against, or review proceedings in respect of, Tribunal decisions under this subpart to be made under Part 7
453	No new appeal rights created
	Disclosure of immigration information to other agencies, bodies, or persons
454	Arrangements under former Act for disclosure of immigration information
	Offences, evidence, and classified information
455	Offences
456	Offences by employers
457	Evidence in proceedings
458	Classified information
	Miscellaneous provisions
459	Children to have responsible adult to represent their interests
460	Special directions
461	Delegation of powers of Minister
462	Immigration officers
463	Immigration officers who may make and cancel removal orders under former Act
464	Acts or things done by immigration officer under former Act not required to be repeated
465	Exercise of certain powers by customs officers
466	Exercise of certain powers by Police
467	Refugee status officers
468	Forms
469	Bonds imposed under former Act
470	Sponsorship under former Act
471	Files of appeals bodies
472	Transitional regulations
473	Transitional immigration instructions
	Exercise of certain powers and functions before commencement of certain provisions of this Act
474	Exercise of certain powers and functions before commencement of certain provisions of this Act
	Part 13 Amendments to Immigration Act 1987
475	Principal Act amended
476	Cancellation of removal order
477	New section 141ABA inserted
	141ABA	Disclosure of information to employers
478	Interpretation
	Schedule 1AA Transitional, savings, and related provisions
	Schedule 1 Convention Relating to the Status of Refugees
	Schedule 2 Provisions relating to Tribunal
	Schedule 3 Enactments amended
	Schedule 4 Regulations, rules, and orders amended
	Schedule 5 Visas corresponding to visas and permits held under former Act
	Schedule 6 Modifications of Act relating to COVID-19 outbreak
	Notes

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Immigration Act 2009

Immigration Act 2009

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