(1) Every application under this Part is to be made on a form approved for the relevant purpose under section 132 of the Act and obtainable free of charge (except as otherwise provided under regulation 3A).

(2) The applicant must ensure that the form is completed in English to the extent necessary for the application being made, and must sign the application.

(3) Where the principal applicant or only applicant is a person under the age of 17 years, the application must also be signed by a parent or guardian of that applicant.

(4) Except as provided in regulation 20 (which relates to applications involving family members), an application under this Part must relate to 1 person only.

(5) Where an application includes more than 1 person, the requirements of these regulations are to be read as applying to each such person, except that any dependent child under the age of 17 years who is included in the application need not sign the application.

(6) Where more than 1 person is included in an application, the application must be accompanied by documentary evidence of the relationship of each such person to the principal applicant.

(7) The Minister may, by special direction, waive any requirement specified in this Part.

(1) Despite regulation 3,—

• (a) a person may request an immigration officer or a visa officer to consider an application for a visa or a permit made otherwise than on an approved form; and

• (b) the immigration officer or visa officer may if he or she thinks fit agree to the request.

(2) If the visa officer or immigration officer agrees to the request, regulations 3 to 17 do not apply, and the application for the visa or permit is to be made by the applicant supplying, by any appropriate means, the following information:

• (a) the applicant's name:

• (b) the applicant's date of birth:

• (c) details of the applicant's passport or other travel document, including country of citizenship:

• (d) details of any current or previous visa or permit (if any) held by the applicant:

• (e) details of the type of visa or permit applied for:

• (ea) in the case of an application for a temporary or limited purpose visa or permit, such information and evidence as is required by a visa officer or immigration officer to be tendered with the application in order to determine whether the relevant visa or permit should be issued or granted:

• (f) where required, details of funds for maintenance while in New Zealand or details of sponsorship:

• (g) where required, details of travel tickets or evidence of onward travel arrangements from New Zealand:

• (h) such other information as the applicant considers demonstrates that the applicant should be granted the visa or permit applied for.

(3) An application under subclause (2) must be completed by the applicant—

• (a) acknowledging that the details supplied in support of the application are true and correct to the best of the applicant's knowledge; and

• (b) agreeing that if the applicant's circumstances change before any visa or permit is issued or granted the applicant will notify a visa officer or immigration officer of that change in circumstances; and

• (c) paying the prescribed fee (if any) for the type of visa or permit applied for, or arranging for its payment in a manner satisfactory to the visa officer or immigration officer.

(4) The visa officer or immigration officer processing the application may, before determining the application, require the applicant to—

• (a) supply any information or evidence that the officer thinks necessary to help in determining the application (including supply by way of the physical production of documents):

• (b) undergo a medical examination if necessary:

• (c) appear before an immigration officer for an interview.

(5) Without limiting the means by which communication or information for the purposes of this regulation may be made or supplied, an applicant or visa officer or immigration officer may communicate or supply information by writing, by telephone, by facsimile, by any electronic means, or in person.

(6) Except as provided in regulation 20 (which relates to applications involving family members), an application under this regulation must relate to 1 person only.

(7) A person may make a request or an application for a visa or permit under this regulation on behalf of any other person, in which case the references in this regulation to an applicant are, where appropriate, to be read as references to the applicant's agent.

(8) Despite a request under subclause (1) being agreed to, a visa officer or immigration officer may, at any time before a visa or permit is issued or granted, refuse to consider the application and direct that if the person to whom the application relates wishes to pursue an application for a visa or permit, they must complete an approved form. Where this happens,—

• (a) the application under this regulation is to be treated as not having been made; and

• (b) this regulation no longer applies, and regulations 3 to 17 then apply to any application for a visa or permit by that person; and

• (c) any application fee paid must be refunded or applied towards an application by the person for a visa or permit made on an approved form.

(1) An application for a residence visa under section 14B(1) of the Act must be tendered to a visa officer together with—

• (a) the applicant's valid passport or travel document, or, if this is unavailable, a birth certificate or other identity document; and

• (b) 2 passport-sized photographs of the applicant; and

• (c) an original or certified copy of the full birth certificate of the applicant, or, if this is unobtainable, an original or certified copy of an identity card; and

• (d) the appropriate fee (if any); and

• (e) such information and evidence as is required by the approved application form to be tendered in order to demonstrate that the applicant fits the category or categories of Government residence policy under which the application is being put forward; and

• (f) the applicant's fully completed and acceptable medical certificate, which must be less than 3 months old; and

• (g) except in the case of a pregnant woman or a child under the age of 11 years, the applicant's fully completed and acceptable X-ray certificate, which must be less than 3 months old; and

• (h) except in the case of an applicant under the age of 17 years, a Police or similar certificate, less than 6 months old, indicating the applicant's record of convictions or lack of a record of convictions for the applicant's country of citizenship and for each country in which the applicant has lived for 12 months or more during the past 10 years, except where the authorities of any such country will not generally provide such certificates; and

• (i) such other information, evidence, and submissions as the applicant considers demonstrate fully that the applicant is eligible to be issued with a residence visa in terms of the applicable Government residence policy.

(2) The visa officer processing the application may, before determining the application,—

• (a) require the applicant to appear before a visa officer for an interview:

• (b) require the applicant to produce such other photographs, documents, evidence, and information as the officer thinks necessary to help in determining the application:

• (c) require the applicant to undergo a further medical examination.

(1) An application for a returning resident's visa under section 14C(1) of the Act must be tendered to a visa officer together with—

• (a) the applicant's valid passport or certificate of identity; and

• (b) evidence that the applicant holds or has held (or is deemed by section 44 of the Act to hold or have held) a residence permit; and

• (c) the appropriate fee (if any).

(2) The visa officer processing the application may, before determining the application, require the applicant to produce such photographs, documents, and information as the officer thinks necessary to help in determining whether the applicant is entitled to, or may be issued with, a returning resident's visa.

(3) An application to have a current returning resident's visa transferred from an expired travel document onto a valid travel document must be made to a visa officer or immigration officer, and be accompanied by the appropriate fee (if any). Such an application need not be made on a form approved under section 132 of the Act.

(1) An application for a temporary visa under section 14D(1) of the Act (other than an application to which regulation 6A or 6B applies) must be tendered to a visa officer together with—

• (a) the applicant's valid passport or travel document, or, where this is unavailable, a birth certificate or other identity document; and

• (b) 1 passport-sized photograph of the applicant; and

• (ba) such information and evidence as is required by the approved application form to be tendered in order to demonstrate that the applicant fits the category or categories of Government immigration policy under which the application is being put forward; and

• (c) the appropriate fee (if any); and

• (d) evidence of funds for maintenance in New Zealand, or evidence of sponsorship; and

• (e) such other information, evidence, or submissions as the applicant considers demonstrate that the applicant should be issued with a temporary visa.

(2) The visa officer processing the application may, before determining the application, require the applicant—

• (a) to produce such other photographs, documents, and information as the officer thinks necessary to help in determining the application:

• (b) to produce such travel tickets or evidence of onward travel arrangements as the officer thinks necessary to help in determining the application:

• (c) to undergo such medical examination as the officer may require:

• (d) to appear before a visa officer for an interview.

(1) This regulation applies to the following applications for a temporary visa under section 14D of the Act:

• (a) an application made under the China working holiday scheme:

• (b) an application made under the Taiwan working holiday scheme:

• (c) an application made under the Argentina working holiday scheme:

• (d) an application made under the Chile working holiday scheme.

(2) An application must be—

• (a) tendered online; and

• (b) in the appropriate electronic form provided on the Internet site of the Department of Labour.

(3) The form must require the applicant to—

• (a) state the applicant's name; and

• (b) state the applicant's date of birth; and

• (c) state the details of the applicant's passport or other travel document, including confirmation that the applicant is, as the case may be,—

  • (i) a citizen of China; or

  • (ii) a person who holds a Taiwan passport and has household registration under the laws of Taiwan; or

  • (iii) a citizen of Argentina; or

  • (iv) a citizen of Chile; and

• (d) state any information required to determine whether the visa should be issued; and

• (e) acknowledge that the details supplied in support of the application are true and correct to the best of the applicant's knowledge; and

• (f) agree that, if the applicant's circumstances change before any visa is issued, the applicant will notify a visa officer or an immigration officer of that change in circumstances.

(4) The applicant must pay the prescribed fee (if any) for the visa applied for, or arrange for its payment in a manner satisfactory to the visa officer or immigration officer.

(5) The visa officer or immigration officer who processes the application may, before determining the application, require the applicant to do 1 or more of the following:

• (a) produce the applicant's valid passport or other travel document:

• (b) produce any evidence or information required by the visa officer or immigration officer to be tendered in order to determine whether the visa should be issued (including the physical production of documents):

• (c) produce details and evidence of funds for maintenance while in New Zealand or details of sponsorship:

• (d) produce details of travel tickets or evidence of onward travel arrangements from New Zealand:

• (e) appear before an immigration officer for an interview.

(1) An application for a temporary visa under section 14D of the Act under the Silver Fern Job Search policy must be—

• (a) tendered online; and

• (b) in the appropriate electronic form provided on the Internet site of the Department of Labour.

(2) The form must require the applicant to—

• (a) state the applicant's name; and

• (b) state the applicant's date of birth; and

• (c) state the details of the applicant's passport or other travel document; and

• (d) state any information required to determine whether the visa should be issued; and

• (e) acknowledge that the details supplied in support of the application are true and correct to the best of the applicant's knowledge; and

• (f) agree that, if the applicant's circumstances change before any visa is issued, the applicant will notify a visa officer or an immigration officer of that change in circumstances.

(3) The applicant must pay the prescribed fee (if any) for the visa applied for.

(4) The visa officer or immigration officer who processes the application may, before determining the application, require the applicant to do 1 or more of the following:

• (a) produce the applicant's valid passport or other travel document:

• (b) produce any evidence or information required by the visa officer or immigration officer to be tendered in order to determine whether the visa should be issued (including the physical production of documents):

• (c) produce details and evidence of funds for maintenance while in New Zealand or details of sponsorship:

• (d) produce details of travel tickets or evidence of onward travel arrangements from New Zealand:

• (e) appear before an immigration officer for an interview.

(1) An application for a limited purpose visa under section 14DA(1) of the Act must be tendered to a visa officer together with—

• (a) the applicant's valid passport or travel document, or, if this is unavailable, a birth certificate or other identity document; and

• (b) 1 passport-sized photograph of the applicant; and

• (ba) such information and evidence as is required by the approved application form to be tendered in order to demonstrate that the applicant fits the category or categories of Government immigration policy under which the application is being put forward; and

• (c) the appropriate fee (if any); and

• (d) evidence of funds for maintenance in New Zealand, or evidence of sponsorship; and

• (e) evidence or information about the nature, duration, and timing of the express purpose for which the applicant seeks to be in New Zealand; and

• (f) such other information, evidence, or submissions as the applicant considers demonstrate that the applicant should be issued with a limited purpose visa.

(2) The visa officer processing the application may, before determining the application, require the applicant—

• (a) to produce such other photographs, documents, and information as the officer thinks necessary to help in determining the application:

• (b) to produce such travel tickets or evidence of onward travel arrangements as the officer thinks necessary to help in determining the application:

• (c) to undergo such medical examination as the officer may require:

• (d) to appear before a visa officer for an interview.

(1) An application for a transit visa under section 14E(1) of the Act must be tendered to a visa officer together with—

• (a) the applicant's valid passport or travel document; and

• (b) 1 passport-sized photograph of the applicant; and

• (c) the appropriate fee (if any); and

• (d) travel tickets or evidence of onward travel arrangements relevant to the journey or journeys to which the application relates; and

• (e) a confirmed travel itinerary, including relevant arrival and departure times; and

• (f) a statement of the purpose of the journey to the country of destination; and

• (g) such other documentation as the applicant considers demonstrates that the applicant is a bona fide transit passenger.

(2) The visa officer processing the application may, before determining the application, require the applicant—

• (a) to produce such other photographs, documents, and information as the officer thinks necessary to help in determining the application:

• (b) to appear before a visa officer for an interview.

(1) A person who is of a class or category of person that may apply for a residence visa or residence permit only if invited to do so by the Minister or a visa officer or an immigration officer must notify his or her interest in obtaining such an invitation by tendering to a visa officer or immigration officer (as appropriate)—

• (a) the completed approved form; and

• (b) the appropriate fee (if any).

(2) The completed approval form may be tendered either physically or in an electronic form acceptable to the visa officer or immigration officer.

(3) The Minister may, by special direction, waive any requirement of this regulation.

(1) An application for a residence permit under section 17(1)(a) or section 18(a) or (b) of the Act must be made on an arrival card in a form approved under section 132 of the Act.

(2) The application must be tendered to an immigration officer at a Customs place (or, if for any reason that is not practicable, to an immigration officer at an office of the Department of Labour) together with—

• (a) the applicant's valid passport or certificate of identity or, as the case may be, the applicant's refugee travel document; and

• (b) where appropriate, the applicant's current residence visa or returning resident's visa.

(1) An application for a residence permit under section 13(2) or section 17(1)(b) of the Act must be tendered to an immigration officer at an office of the Department of Labour together with—

• (a) the applicant's valid passport or certificate of identity or, if this is unavailable, evidence of the applicant's current permit or exempt status, as the case may require; and

• (b) 2 passport-sized photographs of the applicant; and

• (c) an original or certified copy of the full birth certificate of the applicant, or, if this is unobtainable, an original or certified copy of an identity card; and

• (d) the appropriate fee (if any); and

• (e) such information and evidence as is required by the approved application form to be tendered in order to demonstrate that the applicant fits the category or categories of Government residence policy under which the application is being put forward; and

• (f) the applicant's fully completed and acceptable medical certificate, which must be less than 3 months old; and

• (g) except in the case of a pregnant woman or a child under the age of 11 years, the applicant's fully completed and acceptable X-ray certificate, which must be less than 3 months old; and

• (h) except in the case of an applicant under the age of 17 years, a Police or similar certificate, less than 6 months old, indicating the applicant's record of convictions or lack of a record of convictions for the applicant's country of citizenship and for each country in which the applicant has lived for 12 months or more during the past 10 years, except where the authorities of any such country will not generally provide such certificates; and

• (i) such other information, evidence, and submissions as the applicant considers demonstrate fully that the applicant is eligible to be granted a residence permit in terms of the applicable Government residence policy.

(2) The immigration officer processing the application may, before determining the application, require the applicant—

• (a) to appear before an immigration officer for an interview:

• (b) to produce such other photographs, documents, evidence, and information as the officer thinks necessary to help in determining the application:

• (c) to undergo a further medical examination.

(1) An application for an endorsement of a person's resident status under section 44(1) of the Act must be tendered to an immigration officer at an office of the Department of Labour together with—

• (a) the applicant's valid passport or certificate of identity; and

• (b) any previous or expired passport or certificate of identity that may help to establish that the provisions of section 44(1) of the Act apply to the applicant; and

• (c) the appropriate fee (if any).

(2) The immigration officer processing the application may require the applicant to produce such documents and information as the officer thinks necessary to help in determining whether the applicant is entitled to an endorsement under section 44 of the Act.

(1) An application for a temporary permit under section 25(1)(a) or (b) of the Act must be made on an arrival card in a form approved under section 132 of the Act.

(2) The application must be tendered to an immigration officer at a Customs place together with the applicant's valid passport or certificate of identity, and, where appropriate, the applicant's current temporary visa.

(3) The immigration officer processing the application may, before determining the application, require the applicant to produce such travel tickets or evidence of onward travel arrangements, and such evidence of funds for maintenance or of sponsorship, as the officer thinks necessary to help in determining the application.

(1) An application for a temporary permit under section 13(2), section 25(1)(c) or (d), section 29(1), or section 30(1) of the Act by a person who is in New Zealand (other than on arrival in New Zealand at a Customs place) must be tendered to an immigration officer at an office of the Department of Labour together with—

• (a) the applicant's valid passport or certificate of identity or, if the passport or certificate is unavailable, evidence of the applicant's current permit or exempt status; and

• (aa) such information and evidence as is required by the approved application form to be tendered in order to demonstrate that the applicant fits the category or categories of Government immigration policy under which the application is being put forward; and

• (b) the appropriate fee (if any); and

• (c) evidence of funds for maintenance in New Zealand, or evidence of sponsorship; and

• (d) travel tickets, or evidence of onward travel arrangements, from New Zealand; and

• (e) such other information, evidence, or submissions as the applicant considers demonstrate that the applicant should be granted a temporary permit.

(2) The immigration officer processing the application may, before determining the application, require the applicant—

• (a) to produce such photographs, documents, and information as the officer thinks necessary to help in determining the application:

• (b) in the case of an applicant for a work permit or a student permit, to undergo such medical examination as the officer may require:

• (c) to appear before an immigration officer for an interview.

(3) Despite subclause (1), an application to which that subclause applies made under the Taiwan working holiday scheme, the Argentina working holiday scheme, or the Chile working holiday scheme must be tendered in accordance with regulation 13A.

(1) This regulation applies to an application for a temporary permit under section 13(2), 25(1)(c) or (d), 29(1), or 30(1) of the Act—

• (a) made under one of the following schemes:

  • (i) the Taiwan working holiday scheme:

  • (ii) the Argentina working holiday scheme:

  • (iii) the Chile working holiday scheme; and

• (b) made by a person who is in New Zealand (other than on arrival in New Zealand at a Customs place).

(2) An application must be—

• (a) tendered online; and

• (b) in the appropriate electronic form provided on the Internet site of the Department of Labour.

(3) The form must require the applicant to—

• (a) state the applicant's name; and

• (b) state the applicant's date of birth; and

• (c) state the details of the applicant's passport or other travel document, including confirmation that the applicant is, as the case may be,—

  • (i) a person who holds a Taiwan passport and has household registration under the laws of Taiwan; or

  • (ii) a citizen of Argentina; or

  • (iii) a citizen of Chile; and

• (d) state any information required to determine whether the permit should be granted; and

• (e) acknowledge that the details supplied in support of the application are true and correct to the best of the applicant's knowledge; and

• (f) agree that, if the applicant's circumstances change before any permit is granted, the applicant will notify an immigration officer of that change in circumstances.

(4) The applicant must pay the prescribed fee (if any) for the permit applied for, or arrange for its payment in a manner satisfactory to the immigration officer.

(5) The immigration officer who processes the application may, before determining the application, require the applicant to do 1 or more of the following:

• (a) produce the applicant's valid passport or other travel document:

• (b) produce any evidence or information required by the immigration officer to be tendered in order to determine whether the permit should be granted (including the physical production of documents):

• (c) produce details and evidence of funds for maintenance while in New Zealand or details of sponsorship:

• (d) produce details of travel tickets or evidence of onward travel arrangements from New Zealand:

• (e) appear before an immigration officer for an interview.

(1) An application for a limited purpose permit under section 34B(1)(a) of the Act must be made on an arrival card in a form approved under section 132 of the Act.

(2) The application must be tendered to an immigration officer at a Customs place together with the applicant's valid passport or certificate of identity and current limited purpose visa.

(3) The immigration officer processing the application may, before determining the application, require the applicant to produce such travel tickets or evidence of onward travel arrangements, and such evidence of funds for maintenance or of sponsorship, as the officer thinks necessary to help in determining the application.

(1) An application for a limited purpose permit under section 34B(1)(b) of the Act by a person who is in New Zealand (other than on arrival in New Zealand at a Customs place) must be tendered to an immigration officer at an office of the Department of Labour together with—

• (a) the applicant's valid passport or certificate of identity or, if the passport or certificate is unavailable, evidence of the applicant's current limited purpose permit; and

• (aa) such information and evidence as is required by the approved application form to be tendered in order to demonstrate that the applicant fits the category or categories of Government immigration policy under which the application is being put forward; and

• (b) the appropriate fee (if any); and

• (c) evidence of funds for maintenance in New Zealand, or evidence of sponsorship; and

• (d) travel tickets, or evidence of onward travel arrangements from New Zealand; and

• (e) evidence or information about the nature, duration, and timing of the express purpose for which the original permit was granted and why that purpose has not been achieved in the time allowed; and

• (f) such other information, evidence, or submissions as the applicant considers demonstrates that further time is required, and its duration, to achieve the express purpose for which the limited purpose permit was originally granted.

(2) The immigration officer processing the application may, before determining the application, require the applicant—

• (a) to produce such photographs, documents, and information as the officer thinks necessary to help in determining the application:

• (b) in the case of an application for a limited purpose permit for the purpose of study, to undergo such medical examination as the officer may require:

• (c) to appear before an immigration officer for an interview.

(1) An application for a pre-cleared temporary permit under section 25(1)(e) of the Act must be tendered at the point of departure of the pre-clearance flight together with—

• (a) the applicant's valid passport or certificate of identity; and

• (b) where appropriate, the applicant's temporary visa.

(2) The immigration officer processing the application may, before determining the application, require the applicant to produce—

• (a) such travel tickets or evidence of onward travel arrangements; and

• (b) such other documents and information,—

as the officer thinks necessary to help in determining the application.

An application for a pre-cleared residence permit under section 17(1)(c) or section 18(c) of the Act must be tendered at the point of departure of the pre-clearance flight together with—

• (a) the applicant's valid passport or certificate of identity or, as the case may be, the applicant's refugee travel document; and

• (b) where appropriate, the applicant's current residence visa or returning resident's visa.

Where any application for a visa or a permit is made otherwise than in a situation provided for in any of regulations 4 to 17, the Minister may, by special direction, require that the application be made in accordance with whichever of those regulations appears to the Minister to be most appropriate, and that regulation then applies in respect of the application accordingly.

(1) An application under section 31(1) of the Act for reconsideration of a decision to decline an application under section 29 or section 30 of the Act for another temporary permit must be tendered to an immigration officer at an office of the Department of Labour together with—

• (a) the applicant's valid passport or certificate of identity; and

• (b) the appropriate application fee (if any).

(2) The application must set out in full the matters which the applicant wishes to be taken into consideration.

(3) The immigration officer considering the application (or, if appropriate, the Minister) may, before determining the application, require the applicant to produce such documents and information as the officer or Minister thinks necessary to help in determining the application.

(1) A child who is not married or in a civil union and who is a dependent child of an adult applicant for a visa or permit may be included in the adult's application, without need for a separate application to be made or additional fee paid, if—

• (a) the child is under 25 years of age and the adult is applying for—

  • (i) a residence visa; or

  • (ii) a residence permit (other than a pre-cleared residence permit); or

• (b) the child is under 20 years of age and the adult is applying for—

  • (i) a returning resident's visa; or

  • (ii) a visitor's visa; or

  • (iii) a visitor's permit (other than a pre-cleared visitor's permit); or

  • (iv) a transit visa; or

  • (v) a limited purpose visa; or

  • (vi) a further limited purpose permit.

(2) Except in the case of an application for a pre-cleared permit, an applicant's spouse or partner may be included in the principal applicant's application for any of the visas or permits specified in subclause (1)(a) or (b), and it is not necessary for a separate application to be made in respect of that spouse or partner or for an additional fee to be paid.

(3) Except as provided in subclauses (1) and (2), a spouse or partner and a child of any age (whether dependent or not) must make a separate application for a visa or permit appropriate to their own needs and pay the appropriate fee (if any).

(4) For the purposes of this regulation—

• (a) a dependent child is a child who is totally or substantially reliant on the adult applicant or the adult applicant's spouse or partner for financial support, whether living with them or not:

• (b) partner, in relation to an applicant, means the civil union partner or de facto partner of the applicant.

Subject to any special direction to the contrary, every visitor's permit, every work permit, and every limited purpose permit that is not a limited purpose permit granted for the purpose of study is subject to the following conditions:

• (a) that, at all times during the currency of the permit, the holder has sufficient funds available for the holder's maintenance in New Zealand during the currency of the permit, or a current approved undertaking relating to maintenance or accommodation supplied by a sponsor in terms of section 28 of the Act; and

• (b) that, at all times during the currency of the permit, the holder has the means to travel to a country to which the holder has a right of entry, such means to be in the form of—

  • (i) a fully-paid travel ticket to any such country; or

  • (ii) sufficient funds held in New Zealand by or on behalf of or in trust for the holder to purchase any such ticket; or

  • (iii) a current approved undertaking relating to repatriation supplied by a sponsor in terms of section 28 of the Act.

Subject to any special direction to the contrary, every student permit and every limited purpose permit granted for the purpose of study is subject to the following conditions:

• (a) that, at all times during the currency of the permit, the holder has the means to maintain himself or herself in New Zealand during the currency of the permit, in the form of—

  • (i) funds held in New Zealand by or on behalf of or in trust for the holder; or

  • (ii) an acceptable form of financial undertaking by a third party supplied to a visa officer before arrival in New Zealand; or

  • (iii) a current approved undertaking relating to maintenance or accommodation supplied by a sponsor in terms of section 28 of the Act; or

  • (iv) financial assistance available to the holder under any multilateral or bilateral aid programme administered in New Zealand by a government department or statutory body; and

• (b) that, at all times during the currency of the permit, the holder has the means to travel to a country to which the holder has a right of entry, such means to be in the form of—

  • (i) a fully-paid travel ticket to any such country; or

  • (ii) sufficient funds held in New Zealand by or on behalf of or in trust for the holder (being funds additional to any sum required under paragraph (a)) to purchase any such ticket; or

  • (iii) an acceptable form of financial undertaking by a third party supplied to a visa officer before arrival in New Zealand; or

  • (iv) a current approved undertaking relating to repatriation supplied by a sponsor in terms of section 28 of the Act; or

  • (v) financial assistance available to the holder under any multilateral or bilateral aid programme administered in New Zealand by a government department or statutory body; and

• (c) that the holder attends the place of study or training endorsed on the permit by an immigration officer (or, if no such endorsement is made, the place endorsed on the visa by a visa officer); and

• (d) that the holder makes satisfactory progress, as determined by the Ministry of Education or other relevant national or governing body, in the course of study or training endorsed on the permit by an immigration officer (or, if no such endorsement is made, the course endorsed on the visa by a visa officer); and

• (e) that the holder pays all or any fees that may be fixed from time to time and that are payable by the holder in respect of the course of study or training undertaken or to be undertaken.

(1) Subject to any special direction to the contrary, a temporary permit may not be granted for a period exceeding—

• (a) in the case of a visitor's permit, 12 months:

• (b) in the case of a work permit, 5 years:

• (c) in the case of a student permit, 4 years.

(2) Despite subclause (1)(a), a visitor's permit granted under the temporary retirement category may be granted for a period not exceeding 24 months.

The classes of persons specified in Part 1 of Schedule 1 are exempt from the requirement to obtain a visa of a type and in the circumstances specified in respect of those persons.

The classes of persons specified in Part 2 of Schedule 1 are exempt from the requirement to hold a permit of a type and in the circumstances specified in respect of those persons.

(1) This regulation applies to a person who undertakes a course of study or training referred to in subclause (2) and who is—

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

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

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

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

• (b) Part 5 of Schedule 1, if the person is the holder of a temporary permit granted for a period of 24 months or more; or

• (c) Part 6 of Schedule 1, if the person is the holder of a temporary permit other than a temporary permit referred to in paragraph (a) or (b).

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

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

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

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

(1) A member of the armed forces of any country, or a member of the crew of any craft used for the transporting to New Zealand of members of the armed forces of any country, is exempt from the requirement to produce a passport or certificate of identity pursuant to section 126(1)(b) or section 126(2)(b) of the Act if—

• (a) members of that armed force are in New Zealand at the request or with the consent of the Government of New Zealand; and

• (b) that member's presence in New Zealand is in the ordinary course of that member's duty or employment.

(2) The carrier and the person in charge of any craft carrying a person who is exempted by subclause (1) from the requirement to produce a passport or certificate of identity are exempt from the responsibility under section 125(2)(a) of the Act to ensure that any such person holds a passport or certificate of identity.

The following persons are exempt from the requirement to surrender an arrival card pursuant to section 126(1)(a) of the Act and the requirement to surrender a departure card pursuant to section 126(2)(a) of the Act:

• (a) members of the armed forces of any country, and members of the crew of any craft used for the transporting to New Zealand of members of the armed forces of any country, who—

  • (i) are, under section 11(1)(b) of the Act, temporarily exempt from the requirement to hold a permit; and

  • (ii) arrive in New Zealand in a craft that is set aside for or being used by the armed forces of any country:

• (b) passengers and members of the crew of any seagoing vessel who are, under section 11(1)(c) of the Act, temporarily exempt from the requirement to hold a permit:

• (c) members of the crew of any commercial aircraft who are, under section 11(1)(e) of the Act, temporarily exempt from the requirement to hold a permit.

(1) Every appeal to the Residence Appeal Authority under section 18C of the Act against a decision of an immigration officer or visa officer to refuse to grant an application for a residence visa or a residence permit must be made on a form approved for the purpose under section 132 of the Act and obtainable free of charge, which form must be signed by the appellant.

(2) The appellant must ensure that, within 42 days after the date on which the appellant was notified under the Act of the refusal, the appeal form and the appropriate fee (in New Zealand currency) are received by the Residence Appeal Authority at its Wellington address (being PO Box 1809, Wellington) or are filed at its street address.

(3) The appellant must ensure that the appeal form is accompanied by—

• (a) a full and complete statement of the grounds and circumstances on which the appeal is based; and

• (b) the address at which any communication relating to the appeal may be notified to the appellant; and

• (c) such information, evidence, and submissions as the appellant considers demonstrate fully why the appellant's appeal should be allowed.

(4) Unless the principal appellant otherwise specifies in the notice of appeal, an appeal against a refusal to grant an application for a residence visa or residence permit that related to more than 1 person is to be treated as an appeal by all persons included in that application, and only 1 fee is payable in respect of the appeal.

(1) Every appeal to the Removal Review Authority under section 47(1) of the Act against the requirement to leave New Zealand must be made on a form approved for the purpose under section 132 of the Act and obtainable free of charge, which form must be signed by the appellant.

(2) The appellant must ensure that the appeal form and the appropriate fee are received by the Removal Review Authority at its Wellington address (being PO Box 1674, Wellington), or are filed at its street address—

• (a) within 42 days after the day on which the person became unlawfully within New Zealand; or

• (b) within 42 days after the day on which the person received notification under section 31 of the Act of confirmation of the decision to decline to issue a permit, in the case of a person who, while still lawfully in New Zealand, had lodged an application under section 31 for reconsideration of a decision to decline another temporary permit; or

• (c) within 42 days after the day on which the person is served with a notice under section 70(3)(b) of the Act; or

• (d) in the case of a person to whom section 70(3)(a) of the Act applies, before 1 October 2000.

(3) The appellant must ensure that the appeal form is accompanied by—

• (a) a full and complete statement of all of the grounds and circumstances on which the appeal is based; and

• (b) the address in New Zealand at which any communication relating to the appeal may be notified to the appellant, and, if different, the address in New Zealand at which the appellant is physically residing; and

• (c) such other information, evidence, and submissions as the appellant considers demonstrate fully why there are exceptional circumstances of a humanitarian nature surrounding the appellant's situation which would make it unjust or unduly harsh for the person to be removed from New Zealand, and why it would not in all the circumstances be contrary to the public interest to allow the appeal.

(4) Any dependent child of the appellant may also be named and included in the appeal and, unless the principal appellant otherwise specifies in the notice of appeal, the appeal is then to be treated as an appeal also by any such dependent child, and only 1 fee is payable in respect of the appeal.

(5) Where any 2 persons who are married or in a civil union or de facto relationship appeal to the Removal Review Authority, only 1 fee is payable in respect of both appeals if they are received by the Authority together (and regardless of whether or not either appeal also names and includes any dependent children).

(1) Notification under regulations 32, 34, and 35 for the purposes of Part 4A of the Act is to be by way of personal service, or by registered post (which includes a system of recorded delivery including by courier), or by facsimile copy sent to the relevant office.

(2) In the case of notification by facsimile copy, the notification is to be treated as having been made as soon as the machine sending the facsimile copy prints a report indicating that the transmission has been received by the machine at the relevant office intended to receive the facsimile copy.

(3) In any case where notification occurs by registered post, the provisions of section 146(6) of the Act apply. Where notification is received by a system of recorded delivery, notification is to be treated as having been made at the time at which notification was recorded as being received.

(1) Notification by the chief executive of the Department of Labour for the purposes of section 114G(4)(c) of the Act is to be made to the relevant Secretary or Registrar of the Authority, Tribunal, District Court, or High Court, as the case may require.

(2) The notification must be made by the chief executive immediately on receipt of written notice of the preliminary decision of the Minister to rely on the security risk certificate.

(3) The notification must be made in a form approved for the purpose under section 132 of the Act, and must be accompanied by a copy of the notice of the preliminary decision to rely on the certificate signed by the Minister.

(1) Every application under section 114I(1) or section 114I(2) of the Act to the Inspector-General of Intelligence and Security for the review of a security risk certificate issued by the Director of Security must be made on a form approved for the purpose under section 132 of the Act and obtainable free of charge.

(2) The form must be completed and signed by the person seeking the review or by their representative.

(3) In the case of a person seeking review who is inside New Zealand, the person must, within 5 days of service upon them of the Ministerial notice of the preliminary decision to rely on the security risk certificate, ensure that the completed review application form (or a facsimile copy) is received by the Inspector-General at the Office of the Inspector-General of Intelligence and Security, Department of the Prime Minister and Cabinet, Executive Wing, Parliament Buildings, Wellington.

(4) In the case of a person seeking review who is outside New Zealand, the person must, within 28 days of service upon them of the Ministerial notice of the preliminary decision to rely on the security risk certificate, ensure that the completed review application form (or a facsimile copy) is received by the Inspector-General at the Office of the Inspector-General of Intelligence and Security, Department of the Prime Minister and Cabinet, Executive Wing, Parliament Buildings, Wellington.

(5) The person seeking review must ensure that the review application form is accompanied by the following information:

• (a) the address (including any facsimile number) to which communications relating to the review may be notified to the person:

• (b) an indication as to whether the person wishes to present any information, evidence, or submissions in support of the application for review:

• (c) an indication as to whether the person wishes to exercise their right pursuant to section 19(4) of the Inspector-General of Intelligence and Security Act 1996 to be heard.

(1) Notification by the chief executive of the Department of Labour for the purposes of section 114K(3)(a) of the Act is to be made to the relevant Secretary or Registrar of the Authority, Tribunal, District Court, or High Court, as the case may require.

(2) The notification must be made in a form approved for the purpose under section 132 of the Act, and must be accompanied by a copy of the direction to rely on the certificate signed by the Minister.

(1) Notification by the chief executive of the Department of Labour for the purposes of section 114L(2)(d) of the Act is to be made to the relevant Secretary or Registrar of the Authority, Tribunal, District Court, or High Court, as the case may require.

(2) The notification must be made by the chief executive immediately on receipt of notice of the relevant decision, or, in the case of a failure by the Minister to make a decision within the required time limit, at the end of the time specified.

(3) The notification must be made in a form approved for the purpose under section 132 of the Act, and must be accompanied by a copy of the relevant decision, or, in any case where the Minister has failed to make a decision within the required time limit, a statement to that effect.

(1) A certificate by an immigration officer under section 64(1)(a) of the Act (indicating that the officer has good cause to suspect that a particular person is in New Zealand unlawfully) must be in form 1 of Schedule 2.

(2) A certificate by an immigration officer under section 64(1)(b) of the Act (indicating that the officer has good cause to suspect that any particular premises are being occupied or have been occupied by a person who is in New Zealand unlawfully) must be in form 2 of Schedule 2.

(1) A request by an immigration officer under section 66 of the Act for the surrender of a document by a third party must be made in form 3 of Schedule 2.

(2) The form must be signed by the immigration officer and served personally on the person to whom it is addressed or on a representative of the body corporate to which it is addressed.

A removal order made under section 54 of the Act must be in form 4 of Schedule 2.

A notice of cancellation of a removal order to be sent under section 58(4) of the Act, to a person who has already been removed from or has left New Zealand, must be in form 5 of Schedule 2.

(1) A warrant of commitment issued by a District Court Judge under section 60 of the Act must be in form 6 of Schedule 2.

(2) A warrant of commitment issued by a District Court Judge under section 79 of the Act must be in form 7 of Schedule 2.

(3) A warrant of commitment issued by a District Court Judge under section 99 of the Act must be in form 8 of Schedule 2.

(4) A warrant of commitment issued by a District Court Judge under section 114O(1)(b) of the Act must be in form 9 of Schedule 2.

(5) A warrant of commitment issued by a Registrar or Deputy Registrar under section 128 of the Act must be in form 10 of Schedule 2.

(6) A warrant of commitment issued by a District Court Judge under section 128B of the Act must be in form 11 of Schedule 2.

A person who arrives in New Zealand at a place at which no immigration officer is present must report to an immigration officer at a Customs place within 72 hours after arriving in New Zealand, and must comply with the responsibilities specified in section 126(1)(a) and (b) of the Act.

(1) Subject to this regulation and to any special direction, the fees set out in Part 1 of Schedule 3 are payable in respect of the applications and matters set out in that Part.

(2) The fees set out in column A of Part 1 of Schedule 3 are payable in respect of applications, appeals, and other matters tendered, lodged, or requested in New Zealand by or in respect of an applicant, appellant, or other relevant person who is physically present in New Zealand at the time of the application, appeal, or other matter in respect of which the fee is payable.

(3) The fees set out in column B of Part 1 of Schedule 3 are payable in respect of applications, appeals, and other matters (not being applications, appeals, or other matters to which subclause (2) applies) for which the designated receiving office is located in the Pacific (ie, in Apia, Honiara, Niue, Nuku'alofa, Port Moresby, Port Vila, Rarotonga, Suva, or Tarawa) or Sydney (at whatever location the application, appeal, or other matter originated).

(4) The fees set out in column C of Part 1 of Schedule 3 are payable in respect of applications, appeals, and other matters (not being applications, appeals, or other matters to which subclause (2) applies) for which the designated receiving office is located in any location other than those referred to in subclause (3).

(5) [Revoked]

(6) In this regulation and in Schedule 3, designated receiving office, in relation to any application or other matter, means the office specified as such in immigration policy published under section 13A of the Act for the type of application or other matter concerned having regard to the country of citizenship of the applicant or person concerned.

(1) The fees imposed by regulation 42 in respect of applications for permits made and processed in New Zealand are not payable in the case of a permit granted to a person on their arrival in New Zealand at a Customs place.

(2) The fees imposed by regulation 42 in respect of visas or permits are not payable by a citizen of any country with which New Zealand maintains a reciprocal visa or permit fee waiver agreement in respect of any application for, or issue of, a visa or permit of a kind that is the subject of the agreement.

(3) The fee imposed by item 9 of Part 1 of Schedule 3 for an application for a transit visa is not payable by a citizen of Fiji.

(3A) [Revoked]

(4) The fees imposed by regulation 42 in respect of applications for permits and visas are not payable in the case of applications under, or applications associated with applications under, the work to residence (skilled migrant category) policy.

(1) The fee for any application for a residence permit or visa specified in item 1 of Part 1 of Schedule 3 (other than in item 1(g)) is reduced by $90 in the following cases:

• (a) an application by a citizen of Samoa:

• (b) an application under the Government Residence Policy for Victims of Domestic Violence:

• (c) an application by a person who, on a previous application made on or after 1 July 2003, has already paid the fee specified in item 7(d)(i), 7(e)(i), or 7(h) of Part 1 of Schedule 3.

(2) The fee for any application for a long-term business visa or permit specified in item 7(h) of Part 1 of Schedule 3, or for a work visa or work permit of a kind specified in item 7(d)(i) or 7(e)(i) of Part 1 of Schedule 3, is reduced by $90 in the following cases:

• (a) an application by a citizen of Samoa:

• (b) a subsequent application by a person who, on a previous application made on or after 1 July 2003, has already paid the fee specified in item 7(d)(i), 7(e)(i), or 7(h) of Part 1 of Schedule 3.

(3) A person is not entitled to a fee reduction of more than $90 on any single application to which subclause (1) or subclause (2) applies.

(A1) Nothing in this regulation applies to a person who is issued with a residence visa or granted a resident permit in response to an application for the relevant visa or permit that is made on or after 1 July 2003.

(1) Subject to this regulation and to any special direction, a settlement information fee of $90 is payable in respect of each person who—

• (a) is issued with a residence visa or is granted a residence permit applied for in New Zealand (other than on arrival in New Zealand at a Customs place); and

• (b) was the only applicant or the principal applicant included in the application for the visa or permit.

(2) A person issued with a residence visa or granted a residence permit is not required to pay the settlement information fee if—

• (a) the visa or permit was issued or granted as a result of a determination that the person is a refugee, or the spouse of a refugee, within the meaning of the Refugee Convention; or

• (aa) the permit was granted under the domestic violence policy; or

• (b) the person is a citizen of Samoa.

(3) The settlement information fee must be paid before the issue of the relevant residence visa or grant of the relevant residence permit, and is in addition to any other amount payable in respect of an application for a residence visa or residence permit or the issue or grant of such a visa or permit.

(4) The settlement information fee is payable in respect of, and is to be determined as at the date of, the issue of a residence visa or grant of a residence permit, regardless of when the application for the visa or permit was made.

(1) Except as provided in regulation 45A, a migrant levy is payable in respect of each person who, whether as a principal applicant or otherwise,—

• (a) is issued with a residence visa under any of the categories of Government residence policy set out in the first column of the table in Part 2 of Schedule 3; or

• (b) is, under any of those categories, granted a residence permit applied for in New Zealand (other than on arrival in New Zealand at a Customs place); or

• (c) [Revoked]

(2) The amount of the migrant levy is the appropriate amount for the relevant category set out in—

• (a) the second column of the table in Part 2 of Schedule 3, for persons 5 years of age or older:

• (b) the third column of that table, for persons under 5 years of age.

(3) The maximum total migrant levy payable in respect of all persons who are included in a single or associated application for the relevant visa or permit is the sum of the amounts payable by the 4 oldest persons included in the application.

(4) The migrant levy—

• (a) must be paid before the issue of the relevant visa or grant of the relevant permit; and

• (b) is payable in respect of, and is to be determined as at the date of, the issue of the visa or grant of the permit, regardless of when the application for the visa or permit was made; and

• (c) is in addition to any other amount payable in respect of an application for the relevant visa or permit, or the issue or grant of the visa or permit.

(5) This regulation is subject to any special direction.

(1) Persons who are issued or granted a residence visa or residence permit under the family category of Government residence policy are exempt from the requirement to pay a migrant levy under regulation 45 if—

• (a) they are citizens of Samoa; or

• (b) the visa or permit is issued or granted on the basis of the person's relationship with another person granted residence under the special policy for refugees.

(2) Persons who have paid the migrant levy in respect of a temporary visa or temporary permit issued or granted as a consequence of a decision made under the work to residence (skilled migrant category) policy are exempt from the requirement to pay a further migrant levy under regulation 45 in respect of any issue of a residence visa or grant of a residence permit that is associated under the policy with that temporary visa or temporary permit.

The fees and levies imposed by these regulations are inclusive of the goods and services tax (if any) payable in respect of those fees and levies under the Goods and Services Tax Act 1985.

(1) Where, in accordance with section 14D(5) of the Act, an immigration or a visa officer determines that as a precondition to the issue of a visitor's visa a bond is to be paid in accordance with section 148B of the Act, then, depending upon the region within which is located the country of citizenship of the applicant for the visa, the bond payable is that set out in Schedule 4.

(2) No bond may be imposed in respect of a dependent child of an adult applicant for a visitor's visa who is included in that adult applicant's application. For the purposes of this subclause a dependent child is a child under 20 years of age who is not married or in a civil union and who is dependent on the adult applicant.

(1) The payment of a bond must be accompanied by the form approved for the purpose under section 132 of the Act, duly completed and signed by the person paying the bond.

(2) A bond must be paid in New Zealand dollars.

(3) Any bond imposed must be paid before the issue of the relevant visitor's visa, and is payable in addition to any other amount payable in respect of an application for a visitor's visa or the issue of such a visa.

(1) An application for the refund of a bond in accordance with section 148B(8) of the Act must be made in writing and tendered to a visa officer or immigration officer, and must include the name and passport number of the person to whom the bond relates and be signed by the person who paid the bond. The application may direct that the refund of a bond or any part of it be paid to a third person.

(2) The refund of any bond or part of a bond will be paid in New Zealand dollars.

The regulations set out in Schedule 5 are revoked.

(1) A notice under section 70(3)(b) of the Act, notifying a person that the person is obliged to leave New Zealand or appeal to the Removal Review Authority under section 47(1) of the Act within 42 days, must be in form 12 of Schedule 2.

(2) An appeal to the Removal Review Authority under section 70(3)(b)(i) must be made on a form approved for the purpose under section 132 of the Act and obtainable free of charge, which form must be signed by the appellant.

(3) The appellant must ensure that, within 42 days of the date on which the notice under section 70(3)(b) of the Act was served on the appellant, the appeal form and the appropriate fee are received by the Removal Review Authority at its Wellington address (being PO Box 1674, Wellington) or are filed at its street address.

(4) The appellant must ensure that the appeal form is accompanied by—

• (a) a full and complete statement of all of the grounds and circumstances on which the appeal is based; and

• (b) the address in New Zealand at which any communication relating to the appeal may be notified to the appellant, and, if different, the address in New Zealand at which the appellant is physically residing; and

• (c) such information, evidence, and submissions as the appellant considers demonstrate fully why there are exceptional circumstances of a humanitarian nature surrounding the appellant's situation which would make it unjust or unduly harsh for the appellant to be removed from New Zealand, and why it would not in all the circumstances be contrary to the public interest to allow the appeal.

(5) Any dependent child of the appellant may also be named and included in the appeal, in which case, unless the principal appellant otherwise specifies in the appeal,—

• (a) the appeal will also be treated as an appeal by the dependent child; and

• (b) only 1 fee is payable in respect of the appeal.

(6) Where any 2 persons who are married to each other or in a civil union or de facto relationship appeal to the Removal Review Authority, only 1 fee is payable in respect of both appeals if they are received by the Authority together (and regardless of whether or not either appeal also names and includes any dependent children).

Despite the revocation by regulation 49 of these regulations of the Immigration Regulations 1991, regulations 25, 26, and 32(4) of those regulations (which relate to appeals to the Removal Review Authority and the refund of fees in the case of a successful appeal) continue to apply for the purposes of any right of appeal that section 69 of the Act allows to be exercised under the former sections 63A and 63B of the Act.