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

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

“military craft—

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

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

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

“prescribed fee has the meaning given in regulation 4A”.

“4A Meaning of prescribed fee

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

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

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

    • “(ii) is a New Zealand citizen:

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

    • “(i) American Samoa:

    • “(ii) Cook Islands:

    • “(iii) Fiji:

    • “(iv) Kiribati:

    • “(v) Marshall Islands:

    • “(vi) Micronesia, Federated States of:

    • “(vii) Papua New Guinea:

    • “(viii) Pitcairn Islands:

    • “(ix) Samoa:

    • “(x) Solomon Island:

    • “(xi) Tonga:

    • “(xii) Tuvalu:

    • “(xiii) Vanuatu:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• “(iia) the prescribed fee; and”.

• “(iiia) the prescribed fee; and”.

• “(e) be given—

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

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

• “(iia) the prescribed fee; and”.

• “(e) be given—

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

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

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

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

• “(iii) the prescribed fee for the application.”

• “(iia) the prescribed fee; and”.

• “(d) any of the following people:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• “(e) be given—

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

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

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

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

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

“25 Exemptions from requirement to apply for entry permission

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

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

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

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

“26AA Prescribed fees (not imposed elsewhere by these regulations)

• A prescribed fee is imposed for the following matters:

  • “(a) a request for a special direction:

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

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

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

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

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

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

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

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

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

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

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

“26AAB Exemptions from or reductions in prescribed fees

• “(1) Despite anything to the contrary in these regulations, a prescribed fee is not payable by—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“26AAC Cash payments of prescribed fees

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

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

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

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

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

“28A Prescribed fees and migrant levy inclusive of GST

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

“28B Obligations of New Zealand citizens arriving in New Zealand at immigration control area

• “(1) A New Zealand citizen who enters New Zealand as a New Zealand citizen at an immigration control area must have his or her New Zealand citizen status confirmed—

  • “(a) by giving an immigration officer—

    • “(i) a New Zealand passport; or

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

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

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

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

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

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

“28C Exemption from obligation to present to immigration officer when arriving in New Zealand at immigration control area

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

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

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

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

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

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

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

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

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

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

  • “(d) a person exempted by special direction.”

“30 People leaving New Zealand who are exempt from presenting themselves to immigration officer

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

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

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

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

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

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

“31 People leaving New Zealand must complete approved form

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

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

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

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

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

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

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

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

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

  • “(d) a person exempted by special direction.”

• “(d) the prescribed fee.”

• “(ia) the prescribed fee; and”.

• “(ia) the prescribed fee; and”.

“4

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

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

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

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

Members of a visiting force (including members of the civilian component of the visiting force) travelling to and arriving in New Zealand— (a) in the ordinary course of their duty or employment; and (b) on a military craft		Temporary visa		Until the earlier of— (a) the day that the holder ceases to be a member of the visiting force; or (b) the day that the holder’s duty or employment in New Zealand finishes
Each crew member of a military craft who, in the ordinary course of his or her duty or employment, is transporting members of a visiting force (including members of the civilian component of the visiting force) to New Zealand.		Temporary visa		Until the earlier of— (a) the day that the holder ceases to be a crew member of a military craft transporting a visiting force; or (b) the day that the holder’s duty or employment in New Zealand finishes