Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014

Reprint
as at 9 January 2015

Coat of Arms of New Zealand

Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014

(LI 2014/283)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 18th day of August 2014

Present:
The Right Hon John Key presiding in Council


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.

These regulations are administered by the Ministry of Business, Innovation, and Employment.


Pursuant to sections 400(b) and (f) and section 401(c) of the Immigration Act 2009, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title
  • These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014.

2 Commencement
  • (1) Regulations 4, 5, 8, and 11 come into force on 19 September 2014.

    (2) Regulations 6, 7, and 10 come into force on 26 January 2015.

    (3) Part 2 comes into force on 6 April 2015.

    (4) The rest of these regulations come into force on 22 August 2014.

Part 1
Amendments to principal regulations

3 Principal regulations
4 Regulation 4 amended (Interpretation)
  • In regulation 4(1), replace the definition of prescribed fee with:

    prescribed fee, in relation to any matter, means the appropriate fee for the matter ascertained under regulation 4A.

5 Regulation 4A replaced (Meaning of prescribed fee)
  • Replace regulation 4A with:

    4A Fees
    • (1) For a citizen of Guam, French Polynesia, or New Caledonia who is outside New Zealand at the time the fee becomes payable,—

      • (a) the appropriate fee for any of the following matters is the corresponding amount stated in the fourth column of Schedule 4:

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

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

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

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

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

      (2) For a citizen of Norfolk Island who is outside New Zealand at the time the fee becomes payable,—

      • (a) the appropriate fee for any of the following matters is the corresponding amount stated in the third column of Schedule 4:

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

        • (ii) a request for a special direction:

        • (iii) an application for a residence class visa (other than an application for a permanent resident visa made by a person who holds or has previously held a resident visa); and

      • (b) the appropriate fee for any other matter (including an application for a permanent resident visa made by a person who holds or has previously held a resident visa) is the corresponding amount stated in the fourth column of that schedule.

      (3) Except as provided in subclauses (1) and (2), the appropriate fee for any matter is—

      • (a) the corresponding amount specified in the third column of Schedule 4, if the person to whom the fee applies—

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

        • (ii) is a New Zealand citizen; or

        • (iii) is a citizen of Cook Islands or Niue who is travelling on a New Zealand passport:

      • (b) the corresponding amount stated in the fourth column of Schedule 4, if the person to whom the fee applies is not in New Zealand at the time the fee is payable, and is—

        • (i) a citizen of American Samoa, Australia, Fiji, Kiribati, Marshall Islands, Micronesia (Federated States of), Nauru, Palau, Papua New Guinea, Pitcairn Islands, Samoa, Solomon Islands, Tonga, Tuvalu, or Vanuatu; or

        • (ii) a citizen of Cook Islands or Niue who is not travelling on a New Zealand passport:

      • (c) the corresponding amount stated in the third, fourth, or fifth column of Schedule 4 that reflects the country of citizenship stated for the matter to which the fee applies, if the person to whom the fee applies—

        • (i) is not in New Zealand at the time the fee is payable; and

        • (ii) holds citizenship of more than 1 country; and

        • (iii) does not hold a Palestinian passport:

      • (d) the corresponding amount stated in the fifth column of Schedule 4, if the person to whom the fee applies—

        • (i) is not in New Zealand at the time the fee is payable; and

        • (ii) is a citizen of a country not referred to in paragraph (a) or (b); and

        • (iii) is not a person to whom paragraph (c) applies; and

        • (iv) does not hold a Palestinian passport:

      • (e) the corresponding amount stated in the third, fourth, or fifth column of Schedule 4 that reflects the country in which the person resides, if the person to whom the fee applies—

        • (i) is not in New Zealand at the time the fee is payable; and

        • (ii) holds a Palestinian passport.

      (4) In this regulation, corresponding amount, in relation to a matter whose description is set out in the second column of Schedule 4, means the amount stated opposite the description.

6 Regulation 16 amended (People to whom waiver of requirement for transit visa applies)
  • After regulation 16(d), insert:

    • (e) for the period beginning on 26 January 2015 and ending on 6 April 2015, the people described in Schedule 2A.

7 Regulation 18 amended (People to whom waiver of requirement for visa permitting travel to New Zealand applies)
  • After regulation 18(1), insert:

    • (1A) For the period beginning on 26 January 2015 and ending on 6 April 2015, the requirement to hold a visa permitting travel to New Zealand is waived for the people described in Schedule 2A.

8 Regulation 26AA amended (Prescribed fees (not imposed elsewhere by these regulations))
  • Replace regulation 26AA(k) and (l) with:

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

9 Regulation 26AAB amended (Exemptions from or reductions in prescribed fees)
  • (1) Replace regulation 26AAB(4) with:

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

      • (a) an application by a citizen of Samoa (other than an application that—

        • (i) relates to the Samoan Quota scheme immigration instructions; or

        • (ii) is made for a permanent resident visa or a resident visa by a person who holds or has previously held a resident visa):

      • (b) an application associated with the Victims of Domestic Violence immigration instructions (other than an application for a permanent resident visa or a resident visa made by a person who holds or has previously held a resident visa):

      • (c) an application (other than an application for a permanent resident visa or a resident visa made by a person who holds or has previously held a resident visa) made by a person who, on a previous application made on or after 1 July 2003, paid—

        • (i) the applicable fee for a temporary visa (Long-term Business); or

        • (ii) the applicable fee for a temporary visa (work visa under Work Partnership/Work to Residence: Talent (Arts, Culture, and Sports) immigration instructions, Talent (Employer Accreditation) immigration instructions, or Talent (Long-term Skills Shortage List) immigration instructions); or

        • (iii) the applicable fee for a temporary visa (Entrepreneur Work Visa); or

        • (iv) the applicable fee under the Immigration Regulations 1999 for—

          • (A) a work permit, or a work visa, under the Talent (Accredited Employers) work policy, Talent (Arts, Culture, and Sports) work policy, and priority occupations list work policy; or

          • (B) a long-term business visa or permit.

    (2) Replace regulation 26AAB(5) with:

    • (5) The prescribed fee for an application for a temporary visa (Entrepreneur Work Visa) or a temporary work visa under the Work Partnership/Work to Residence: Talent (Arts, Culture, and Sports) immigration instructions, the Talent (Employer Accreditation) immigration instructions, or the Talent (Long-term Skills Shortage List) immigration instructions is reduced by NZ$92 where the applicant is—

      • (a) a citizen of Samoa; or

      • (b) a person who, on a previous application made on or after 1 July 2003, paid the applicable fee for a temporary visa (Long-term Business); or

      • (c) a person who, on an earlier application made on or after 1 July 2003, paid the applicable fee under the Immigration Regulations 1999 for—

        • (i) a work permit, or a work visa, under the Talent (Accredited Employers) work policy, Talent (Arts, Culture, and Sports) work policy, and priority occupations list work policy; or

        • (ii) a long-term business visa or permit.

10 New Schedule 2A inserted
11 Schedule 4 amended
  • (1) In Schedule 4, item relating to regulation 26AA(c), insert in the fourth and fifth columns 165.

    (2) In Schedule 4, revoke the item relating to regulation 26AA(l).

Part 2
Revocation of amendments to principal regulations

12 Revocations

Schedule
New Schedule 2A inserted

r 10

Schedule 2A
People to whom temporary waiver to travel to New Zealand during Cricket World Cup 2015 applies

rr 16(e), 18(1A)

  • People who hold an Australian temporary visa of a kind specified in the following table, but only if—

    • (a) the visa permits the person concerned to travel to, or stay in, Australia; and

    • (b) the visa is valid at the time of check-in for departure to New Zealand; and

    • (c) the person is a transit passenger or is seeking a New Zealand temporary visa that is current for not more than 3 months; and

    • (d) in the case of a person seeking a New Zealand temporary visa, the purpose of the visit to New Zealand does not include medical consultation or treatment.

    Australian visa classSub-class Description
    TP159 Provisional resident return
    UR160 Business owner (provisional)
    UR161 Senior executive (provisional)
    UR162 Investor (provisional)
    UR163 State/Territory sponsored business owner (provisional)
    UR164 State/Territory sponsored senior executive (provisional)
    UR165 State/Territory sponsored investor (provisional)
    UT173 Contributory parent (temporary)
    EB188 Business innovation and investment (provisional)
    TO300 Prospective marriage
    UF309 Spouse (provisional)
    GA400 Temporary work (short stay activity)
    GB401 Temporary work (long stay activity)
    GC402 Training and research
    GD403 Temporary work (international relations)
    UY405 Investment retirement
    TH406 Government agreement
    TQ410 Retirement
    TE411 Exchange
    TH415 Foreign government agency
    TH418 Educational
    TH419 Visiting academic
    GE420 Temporary Work (Entertainment)
    TE421 Sport
    UE422 Medical practitioner
    TE423 Media and film staff
    TG426 Domestic worker (temporary) diplomatic or consular
    TG427 Domestic worker (temporary) executive
    TE428 Religious worker
    TH442 Occupational trainee
    TK445 Dependent child
    UC456 Business (short stay)
    UC457 Business (long stay)
    UL459 Sponsored business visitor (short stay)
    UP461 New Zealand citizen family relationship (temporary)
    US462 Work and holiday (temporary)
    UV470 Professional development
    VF475 Skilled – regional sponsored
    VF476 Skilled – recognised graduate
    VC485 Skilled – graduate
    VC485 Temporary graduate
    VC487 Skilled – regional sponsored
    UW488 Superyacht crew
    SP489 Skilled – regional (provisional)
    UX495 Skilled – independent regional (provisional)
    UZ496 Skilled – designated area-sponsored (provisional)
    TU560 Student
    UA561 Student
    TU570 Independent ELICOS sector
    TU571 Schools sector
    TU572 Vocational education and training sector
    TU573 Higher education sector
    TU574 Postgraduate research sector
    TU575 Non-award sector
    TU576 AusAID or Defence sector
    TU580 Student guardian
    FA600 Visitor
    UD601 Electronic travel authority
    TV651 eVisitor
    TR676 Tourist
    UL679 Sponsored family visitor
    UK820 Spouse (extended eligibility)
    UU884 Contributory aged parent
    TF995 Diplomatic
  • Schedule: amended, on 9 January 2015, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 Amendment Regulations 2014 (LI 2014/390).

Michael Webster,
Clerk of the Executive Council.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 21 August 2014.


Reprints notes
1 General
  • This is a reprint of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2014 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes