Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2019
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2019/132
Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2019
Patsy Reddy, Governor-General
Order in Council
At Wellington this 17th day of June 2019
Present:
Her Excellency the Governor-General in Council
These regulations are made under sections 400 to 402 of the Immigration Act 2009—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister of Immigration made under section 403A(1) of that Act.
Contents
Regulations
1 Title
These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2019.
2 Commencement
(1)
Regulations 5 to 9 and 11 to 14 come into force on 1 October 2019.
(2)
The rest of these regulations come into force on 1 July 2019.
3 Principal regulations
These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations).
Part 1 Interpretation
4 Regulation 4 amended (Interpretation)
In regulation 4(1), insert in their appropriate alphabetical order:
cargo ship means a ship that is a commercial craft and that is carrying primarily cargo between any foreign port and New Zealand
crew ETA means an electronic travel authority that is required to be held by a person under regulation 23C
cruise ship means a ship that is a commercial craft and that is carrying primarily passengers between any foreign port and New Zealand
ETA means an electronic travel authority that is required to be held by a person under Part 4A
IVL means the international visitor conservation and tourism levy imposed under regulation 26AAD
positioning aircraft crew means a person who is travelling to New Zealand as a passenger (other than a transit passenger) on a commercial aircraft for the purpose of leaving New Zealand as aircraft crew in the course of a scheduled international service
positioning crew means positioning aircraft crew or positioning cruise ship crew
positioning cruise ship crew means a person who is travelling to New Zealand as a passenger (other than a transit passenger) on a commercial aircraft for the purpose of—
(a)
leaving New Zealand as cruise ship crew in the ordinary course of business of the ship; or
(b)
staying in New Zealand as cruise ship crew in the ordinary course of business of the ship, and then leaving New Zealand as a passenger on a commercial aircraft
temporary entry class visa waiver has the meaning given in regulation 26AAD(3)
transit ETA means an electronic travel authority that is required to be held by a transit passenger under regulation 23B
traveller ETA means an electronic travel authority that is required to be held by a person under regulation 23D
Part 2 Electronic travel authorities (ETAs)
Subpart 1—Principal ETA provisions
5 New Part 4A inserted
After regulation 23A, insert:
Part 4A Electronic travel authorities (ETAs)
Requirements to hold ETA
23B Requirement for visa waiver transit passengers to hold transit ETA or traveller ETA
It is a condition of a transit visa waiver under regulation 16 that the person hold a transit ETA or traveller ETA before travelling to New Zealand.
23C Requirement for certain visa waiver crew to hold crew ETA
It is a condition of a visa waiver under regulation 18 that the following persons hold a crew ETA before travelling to New Zealand:
(a)
cruise ship crew travelling in the ordinary course of business of the ship:
(b)
aircraft crew of an aircraft on a flight between any other country or territory and New Zealand in the course of a scheduled international service:
(c)
positioning crew.
23D Requirement for other visa waiver travellers to hold traveller ETA
Unless regulation 23C applies, it is a condition of a visa waiver under regulation 18 that the person hold a traveller ETA before travelling to New Zealand.
23E Exceptions to requirement to hold ETA
Regulations 23B to 23D do not apply to—
(a)
a citizen of Australia; or
(b)
a person described in item 6 or 7 of Schedule 1; or
(c)
a person described in item 3 or 4 of Schedule 2.
23F Same ETA valid for more than 1 trip
A person may travel to New Zealand more than once under the same valid ETA.
23G More than 1 ETA may be held at a time
To avoid doubt, a person may hold 2 or more ETAs of the same type, or 2 or more ETAs of different types, that are valid for different or overlapping periods.
ETA requests
23H ETA request must be made electronically
(1)
A request for an ETA must be made—
(a)
by means of one of the following that is made available and maintained by or on behalf of the Department for that purpose:
(i)
an Internet site; or
(ii)
a software application that is designed to be used on a mobile device; and
(b)
using an electronic form provided on the Internet site or the software application that allows a person to submit the information required under regulation 23I.
(2)
However, if a request for a crew ETA is made on behalf of a person by a carrier or a carrier’s representative, the request—
(a)
is not required to be made on the Internet site or the software application; but
(b)
must be made in accordance with the process described in the memorandum of understanding required under regulation 23J; and
(c)
must meet the requirements of regulation 23I.
23I Requirements for ETA request
(1)
A request for an ETA must—
(a)
be completed in English; and
(b)
contain the following information about the person who is required to hold the ETA, if the information is required by the electronic form:
(i)
their full name as shown in their passport or United Nations laissez-passer:
(ii)
any previous name and any other name that they may be, or may have been, known by:
(iii)
their date and place of birth:
(iv)
their gender:
(v)
their nationality:
(vi)
the details of their passport or United Nations laissez-passer, including the passport or laissez-passer number, the issuing country (if applicable), the issue date, and the expiry date:
(vii)
their national identity number (if applicable):
(viii)
whether they hold a current permanent residence visa (including a resident return visa) issued by the Government of Australia:
(ix)
whether they have previously travelled to New Zealand:
(x)
whether they have previously applied for a New Zealand visa:
(xi)
their address, phone number, and email address (if any):
(xii)
any intended dates of arrival in and departure from New Zealand (if known):
(xiii)
whether they are planning to transit through New Zealand:
(xiv)
their mode of transport to New Zealand (if known):
(xv)
any booking references related to the intended travel (if applicable):
(xvi)
declarations about their criminal conviction history and any removals, exclusions, or deportations from any country:
(xvii)
a declaration about whether the purpose of the travel is to seek medical consultation or treatment:
(xviii)
a photograph of their head:
(xix)
if the request is made by the person’s agent (which may include a carrier or a carrier’s representative), the full name, date of birth (if applicable), passport or United Nations laissez-passer details (if applicable), industry identifiers (if applicable), and contact details of that agent:
(xx)
a declaration that the information provided in relation to the request is true and correct to the best of the person’s or their agent’s knowledge; and
(c)
be accompanied by the prescribed fee (if applicable); and
(d)
in the case of a request for a traveller ETA, be accompanied by the IVL (if applicable).
(2)
If the person to whom the ETA request relates holds more than 1 passport, or holds a passport as well as a United Nations laissez-passer, they may provide the details referred to in subclause (1)(vi) for—
(a)
each additional passport; or
(b)
the passport as well as the United Nations laissez-passer.
23J Crew ETA requests made by carrier or carrier’s representative
(1)
This regulation applies if a request for a crew ETA is made on a person’s behalf by—
(a)
a carrier in respect of which the person is employed or engaged in working or providing a service in or on a craft; or
(b)
that carrier’s representative.
(2)
The request may be made by the carrier or the representative only if—
(a)
a memorandum of understanding in respect of ETA requests made on behalf of crew or positioning crew is in place between the carrier or the representative and the Department; and
(b)
the request is made in accordance with the process described in that memorandum.
Issue or refusal of ETAs
23K ETAs issued by immigration officer
(1)
After receiving an ETA request that complies with regulation 23I, an immigration officer may issue a traveller ETA, a transit ETA, or a crew ETA, in accordance with regulations 23B to 23D.
(2)
For the purposes of this regulation, the immigration officer may disregard—
(a)
an immaterial mistake that is made with respect to the information provided for an ETA request; and
(b)
a change in circumstances of the person who is required to hold the ETA that would result in an immaterial change to the information provided for their ETA request.
23L When immigration officer must refuse to issue ETA
(1)
An immigration officer must refuse to issue an ETA if—
(a)
the person who is the subject of the ETA request—
(i)
is an excluded person; or
(ii)
declares that a purpose of their visit includes medical consultation or treatment; or
(iii)
in the case of a transit ETA, is not a person described in Schedule 1; or
(iv)
in the case of a traveller ETA or a crew ETA, is not a person described in Schedule 2; or
(b)
the passport of the person who is the subject of the ETA request is invalid; or
(c)
in the case of a crew ETA request that is made on a person’s behalf by a carrier or a carrier’s representative, the request does not comply with the requirements of regulation 23J.
(2)
Subclause (1)(a)(ii) does not apply to a person who holds a current permanent residence visa (including a resident return visa) issued by the Government of Australia.
Validity of ETA
23M Period of validity of ETA
(1)
An ETA is valid for the following period beginning on the day on which it is issued:
(a)
in the case of a traveller ETA or a transit ETA, 2 years:
(b)
in the case of a crew ETA, 5 years.
(2)
Subclause (1) is subject to regulation 23N.
23N When ETA ceases to be valid
(1)
An ETA ceases to be valid—
(a)
if the period of validity has expired; or
(b)
for any period during which the person to whom the ETA was issued—
(i)
is an excluded person; or
(ii)
is a person a purpose of whose visit includes medical consultation or treatment; or
(iii)
in the case of a transit ETA, is not a person described in Schedule 1; or
(iv)
in the case of a traveller ETA, is not a person described in Schedule 2; or
(v)
in the case of a crew ETA,—
(A)
is not crew or positioning crew; or
(B)
if the request for the crew ETA was made in accordance with regulation 23J, is not employed by, or engaged in working or providing a service in or on the craft of, the carrier or representative who made the request on the person’s behalf.
(2)
Subclause (1)(b)(ii) does not apply to a person who holds a current permanent residence visa (including a resident return visa) issued by the Government of Australia.
Subpart 2—Other amendments relating to ETA
6 Regulation 16 replaced (People to whom waiver of requirement for transit visa applies)
Replace regulation 16 with:
16 People to whom waiver of requirement for transit visa applies
The requirement to hold a transit visa before travelling to and being in New Zealand as a transit passenger is waived for a person described in Schedule 1 if—
(a)
they meet the condition of holding a valid ETA in accordance with Part 4A; or
(b)
that condition does not apply.
7 Regulation 18 amended (People to whom waiver of requirement for visa permitting travel to New Zealand applies)
Replace regulation 18(1) with:
(1)
The requirement to hold a visa permitting travel to New Zealand is waived for a person described in Schedule 2 if—
(a)
they meet the condition of holding a valid ETA in accordance with Part 4A; or
(b)
that condition does not apply.
8 Regulation 26AAB amended (Exemptions from prescribed fees)
After regulation 26AAB(1), insert:
(1A)
The exemption in subclause (1)(a) does not apply to the prescribed fees for ETA requests.
9 Regulation 34 amended (Minister may waive regulation requirements by special direction)
After regulation 34(1)(d), insert:
(da)
1 or more of the requirements for requesting or holding an ETA:
10 Schedule 1AA amended
In Schedule 1AA, after Part 1, insert the Part 2 set out in Schedule 1 of these regulations.
11 New Schedule 1 inserted
After Schedule 1AA, insert the Schedule 1 set out in Schedule 2 of these regulations.
12 Schedule 2 amended
(1)
In the Schedule 2 heading, replace “rr 16(d)(viii), 18(1)”
with “r 18(1), item 12(y) of Schedule 1”
.
(2)
In Schedule 2, after item 7, insert:
7A
Cruise ship passengers.
7B
Cruise ship crew travelling in the ordinary course of business of the ship.
7C
Aircraft crew of an aircraft on a flight between any other country or territory and New Zealand in the course of a scheduled international service.
7D
Positioning crew.
13 Schedule 3 amended
(1)
In Schedule 3, replace the first 2 items, which relate to crew on a ship and passengers on a ship, with:
1 |
Cruise ship passengers who— (a)have arrived in New Zealand; and (b)hold an ETA, unless exempted under regulation 23E(a) |
Temporary visa | Until the earlier of— (a)the day and time the ship is given clearance to leave its last port of entry in New Zealand for that voyage; and (b)the expiry of 28 days (calculated on and from the day the ship arrives at its first port of entry in New Zealand on that voyage) |
||
2 |
Cruise ship crew travelling in the ordinary course of business of the ship who— (a)have arrived in New Zealand; and (b)hold an ETA, unless exempted under regulation 23E(a) |
Temporary visa | Until the earlier of— (a)the day and time the ship is given clearance to leave its last port of entry in New Zealand for that voyage; and (b)the expiry of 28 days (calculated on and from the day the ship arrives at its first port of entry in New Zealand on that voyage) |
||
3 |
Cargo ship passengers travelling between any foreign port and New Zealand |
Temporary visa | Until the earlier of— (a)the day and time the ship is given clearance to leave its last port of entry in New Zealand for that voyage; and (b)the expiry of 28 days (calculated on and from the day the ship arrives at its first port of entry in New Zealand on that voyage) |
||
4 |
Cargo ship crew travelling in the ordinary course of business of the ship, between any foreign port and New Zealand |
Temporary visa | Until the earlier of— (a)the day and time the ship is given clearance to leave its last port of entry in New Zealand for that voyage; and (b)the expiry of 28 days (calculated on and from the day the ship arrives at its first port of entry in New Zealand on that voyage) |
||
5 |
Passengers or crew on a ship that is carrying passengers, cargo, or both—other than passengers or crew on another ship or vessel described in this schedule—travelling in the ordinary course of business of the ship, between any foreign port and New Zealand |
Temporary visa | Until the earlier of— (a)the day and time the ship is given clearance to leave its last port of entry in New Zealand for that voyage; and (b)the expiry of 28 days (calculated on and from the day the ship arrives at its first port of entry in New Zealand on that voyage) |
(2)
In Schedule 3, replace the text in the first column of the item relating to aircraft crew of an aircraft on a flight between any other country and New Zealand in the course of a scheduled international service with:
7 |
Aircraft crew of an aircraft on a flight between any other country or territory and New Zealand in the course of a scheduled international service who— (a)have arrived in New Zealand; and (b)hold an ETA, unless exempted under regulation 23E(a) |
(3)
In Schedule 3, item relating to aircraft crew of a private or commercial aircraft, after “country”
, insert “or territory”
.
(4)
In Schedule 3, replace “or”
with “and”
in the following provisions:
(a)
paragraph (a) in the third column of the item relating to members of a visiting force; and
(b)
paragraph (a) in the third column of the item relating to each crew member of a military craft.
(5)
In Schedule 3,—
(a)
insert item number 6 in the item relating to crew on a foreign ship authorised by the Minister of Transport; and
(b)
number the remaining items in numerical order, beginning with the number 8 assigned to the item relating to aircraft crew of a private or commercial aircraft on a flight between any other country and New Zealand that is not in the course of a scheduled international service.
14 Schedule 4 amended
In Schedule 4, after the item relating to a transit visa application—group Chinese nationals per person, insert:
| Electronic travel authority (ETA) | ||||||||
23I(1)(c) |
Request for traveller ETA or transit ETA made on an Internet site |
12 |
12 |
12 |
||||
23I(1)(c) |
Request for traveller ETA or transit ETA made using a software application on a mobile device |
9 |
9 |
9 |
||||
23I(1)(c) |
Request for crew ETA |
9 |
9 |
9 |
||||
Part 3 International visitor conservation and tourism levy (IVL)
Subpart 1—Principal IVL provisions
15 New regulations 26AAD and 26AAE inserted
After regulation 26AAC, insert:
26AAD International visitor conservation and tourism levy (IVL)
(1)
An international visitor conservation and tourism levy of $35 is imposed on a person who—
(a)
applies for a temporary entry class visa, other than at an immigration control area or a port; or
(b)
requests a traveller ETA as a condition of a temporary entry class visa waiver.
(2)
The IVL is in addition to all other amounts payable in respect of the visa application or ETA request.
(3)
In this regulation, temporary entry class visa waiver means a waiver, under section 69 of the Act, of the requirement to hold a temporary entry class visa permitting travel to New Zealand.
26AAE Exemptions from IVL
(1)
A person is exempt from paying the IVL if—
(a)
the person is exempt from paying the prescribed fee for the visa application or ETA request referred to in regulation 26AAD(1); and
(b)
the exemption from paying the prescribed fee is provided for by—
(i)
a special direction under section 395(2) of the Act; or
(ii)
regulation 26AAB(1)(b) or (c) or (3); or
(iii)
any other regulation, except regulation 26AAB(1)(a), that is made under section 400(f) of the Act for a matter provided for in section 395 of the Act.
(2)
A person is exempt from paying the IVL if 1 or more of the following apply:
(a)
the person is a citizen of a country or territory listed in regulation 4A(3)(b):
(b)
the person holds a current permanent residence visa (including a resident return visa) issued by the Government of Australia:
(c)
the person is travelling on a United Nations laissez-passer that was issued by the Secretariat of the United Nations under the—
(i)
United Nations Convention on the Privileges and Immunities of the United Nations, done at New York on 13 February 1946; or
(ii)
United Nations Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations, done at New York on 21 November 1947:
(d)
the person is a domestic staff member of a person described in any of items 1 to 7 of Schedule 5:
(e)
the person is a member of, or a 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 a person to whom section 5 of that Act applies:
(f)
the person is a member of a visiting force (including a member of the civilian component of the visiting force) who is travelling to and arriving in New Zealand in the ordinary course of the person’s duty or employment:
(g)
the person is a crew member of a military craft who, in the ordinary course of the person’s duty or employment, is transporting members of a visiting force (including members of the civilian component of the visiting force) to New Zealand:
(h)
the person is positioning crew.
(3)
A person is exempt from paying the IVL under regulation 26AAD(1)(a) if the visa application is made on the basis that the person is a spouse, partner, or dependent child of, or a child travelling to New Zealand for the purpose of being adopted by,—
(a)
a New Zealand citizen; or
(b)
a person who holds a visa; or
(c)
an applicant for a visa.
(4)
For the purposes of subclause (3)(c), a visa application is not regarded as made on the basis that a person (A) is a spouse, partner, or dependent child of another person (B) by reason only of the fact that, instead of making a separate application, A is included in the same application as B under regulation 20(1) or 21(6).
(5)
A person is exempt from paying the IVL under regulation 26AAD(1)(a) if the visa application is for—
(a)
a visa to travel to New Zealand for the purpose of—
(i)
medical consultation or treatment; or
(ii)
escorting a person who is visiting New Zealand for the purpose of medical consultation or treatment; or
(b)
a business visitor visa under immigration instructions; or
(c)
a student visa under immigration instructions if the person is supported by a scholarship administered by the Ministry of Foreign Affairs and Trade; or
(d)
a Pathway Student Visas Pilot visa under immigration instructions; or
(e)
any of the following work or limited visas under immigration instructions:
(i)
a work visa on the basis of which its holder may subsequently apply for a residence class visa:
(ii)
China Special Work:
(iii)
China Skilled Worker:
(iv)
Philippines Special Work:
(v)
Vietnam Special Work:
(vi)
Indonesia Special Work:
(vii)
Interpreter from Japan:
(viii)
Thai Chef:
(ix)
Essential Skills:
(x)
Supplementary Seasonal Employer:
(xi)
Recognised Seasonal Employer:
(xii)
Silver Fern Practical Experience:
(xiii)
Post Study:
(xiv)
Foreign Crew of Fishing Vessel.
Subpart 2—Other amendments relating to IVL
16 Regulation 10 amended (Application requirements other than at immigration control area)
After regulation 10(2)(f)(ii), insert:
(iii)
the IVL payable by the applicant (if any).
17 Regulation 21 amended (Applications made without using approved form)
After regulation 21(3)(bb), insert:
(bc)
paying the IVL that is payable by the applicant (if any), or arranging for its payment in a manner acceptable to the immigration officer processing the application; and
18 Regulation 22 amended (Immigration officer may refuse to consider or continue considering application made under regulation 21)
After regulation 22(2)(d), insert:
(e)
any IVL paid by the applicant in relation to the application under regulation 21 must be refunded or applied towards any application made in accordance with paragraph (b).
19 Regulation 23AA amended (Chief executive may require certain visa applications to be made online)
After regulation 23AA(5)(f), insert:
(g)
pay the IVL that is payable (if any), or arrange for its payment in a manner acceptable to the immigration officer processing the application.
20 Regulation 23A amended (Applications that may be made online)
After regulation 23A(4)(j), insert:
(k)
pay the IVL that is payable by the applicant (if any), or arrange for its payment in a manner acceptable to the immigration officer processing the application.
21 Regulation 26 amended (Prescribed fees and immigration levy inclusive of GST)
(1)
In the heading to regulation 26, replace “and immigration levy” with “, immigration levy, and IVL”.
(2)
In regulation 26, replace “and immigration levy”
with “, immigration levy, and IVL”
.
Part 4 Miscellaneous amendments
22 Regulation 4C amended (Certain applicants exempt from paying immigration levy)
Revoke regulation 4C(f)(ii).
23 Regulation 5 amended (Application requirements)
In regulation 5(1)(b), after “control area”
, insert “or at a port”
.
24 Regulation 8 amended (Applications at immigration control area by Australian citizens and permanent residents for resident visa)
(1)
In the heading to regulation 8, after “control area”
, insert “or port”
.
(2)
In regulation 8(1), after “control area”
, insert “or at a port”
.
25 Regulation 10 amended (Application requirements other than at immigration control area)
After regulation 10(2), insert:
(2A)
The requirements of subclause (2)(e)(ii), (iii), and (iv) and (f) do not apply to an applicant who arrives in New Zealand as a cruise ship passenger.
26 Regulation 26AAC replaced (Cash payments of prescribed fees)
Replace regulation 26AAC with:
26AAC No cash payment of prescribed fees
No prescribed fee may be paid in cash unless accepted by special direction.
27 Schedule 5 amended
(1)
In the Schedule 5 heading, replace “and immigration levy”
with “, immigration levy, and IVL”
.
(2)
In Schedule 5, after item 8, insert:
9
A person who is applying for a visa under the Special Category for Victims of Domestic Violence immigration instructions.
Schedule 1 New Part 2 inserted into Schedule 1AA
Part 2 Provisions relating to Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2019
3 Interpretation
In clause 4, amendment regulations means the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2019.
4 Application of certain provisions respecting ETAs as of 1 July 2019
A person who is required to hold an ETA on or after 1 October 2019 under regulations 23B to 23D, as inserted by regulation 5 of the amendment regulations, may, beginning on 1 July 2019, request an ETA and, in that case,—
(a)
these regulations apply in relation to the request and the issued ETA; and
(b)
the period of validity of the ETA begins on the date on which it is issued.
Schedule 2 New Schedule 1 inserted
Schedule 1 People to whom waiver of requirement for transit visa applies
r 16
1
A person who holds a current visa of another class granted under the Act.
2
Citizens of Australia and people who hold a current permanent residence visa (including a resident return visa) issued by the Government of Australia.
3
A person whose immediate or ultimate destination after transiting through New Zealand is Australia and who holds a current visa issued by the Government of Australia to enter Australia.
4
A person travelling from Australia (including a person who began their journey outside Australia).
5
British citizens and British passport holders who produce evidence of the right to reside permanently in the United Kingdom.
6
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.
7
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.
8
Residents of Hong Kong travelling on Hong Kong Special Administrative Region or British National (Overseas) passports.
9
Residents of Macau travelling on Macau Special Administrative Region passports.
10
Permanent residents of Taiwan travelling on Taiwanese passports.
11
People who are travelling on a United Nations laissez-passer that was issued by the Secretariat of the United Nations under the—
(a)
United Nations Convention on the Privileges and Immunities of the United Nations, done at New York on 13 February 1946; or
(b)
United Nations Convention on the Privileges and Immunities of the Specialized Agencies of the United Nations, done at New York on 21 November 1947.
12
A citizen of any of the following countries:
(a)
Bahamas:
(b)
Bermuda:
(c)
Bolivia:
(d)
Colombia:
(e)
Costa Rica:
(f)
Ecuador:
(g)
Federated States of Micronesia:
(h)
Indonesia:
(i)
Kiribati:
(j)
Nauru:
(k)
Palau:
(l)
Panama:
(m)
Papua New Guinea:
(n)
Paraguay:
(o)
Peru:
(p)
Philippines:
(q)
Republic of the Marshall Islands:
(r)
Samoa:
(s)
Solomon Islands:
(t)
Thailand:
(u)
Tonga:
(v)
Tuvalu:
(w)
Vanuatu:
(x)
Venezuela:
(y)
a country specified in item 8(1) to (54) of Schedule 2.
Michael Webster,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010. The amendments, other than most of those relating to electronic travel authorities, come into force on 1 July 2019. The main regulations relating to electronic travel authorities come into force on 1 October 2019.
Electronic travel authorities (ETAs)
The regulations impose a condition on a waiver of the requirement to hold a visa permitting travel to New Zealand: that a person who is subject of the waiver hold an electronic travel authority (ETA) before the travel. There are 3 categories of ETAs: traveller ETAs, transit ETAs, and crew ETAs. The regulations specify which category of ETA will apply to which persons.
The following persons who travel to New Zealand under a visa waiver category will not be required to hold an ETA before travelling to New Zealand:
citizens of Australia:
specified persons related to a scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty, or any person to whom section 5 of the Antarctica Act 1960 applies:
specified members of a visiting force.
The regulations also specify—
the requirements for an ETA request; and
the circumstances under which an ETA will be issued or refused; and
the circumstances under which an ETA will no longer be valid.
The period of validity for an ETA is 5 years for specified crew or 2 years for other visa waiver travellers or visa waiver transit passengers.
An ETA fee is payable at the time that the request for the ETA is made. The applicable fee is either $9 or $12, depending on the type of ETA requested and whether the request is made on an Internet site or using a software application on a mobile device.
The regulations also clarify that aircraft crew who are on any flight to New Zealand from a territory also fall into the category of those who are deemed to be granted a temporary entry class visa.
International visitor conservation and tourism levy (IVL)
The regulations impose a new international visitor conservation and tourism levy (IVL) of $35 on people who apply for a temporary entry class visa to travel to New Zealand, or who request a traveller ETA for travel to New Zealand under a temporary entry class visa waiver. The IVL is payable at the same time as the visa fee or ETA fee.
The following people fall outside the IVL’s scope or are expressly exempted from it:
Australian citizens and permanent residents:
citizens of various Pacific region countries and territories:
people travelling on a United Nations laissez-passer:
applicants for residence class visas:
certain people whose visa applications are based on the New Zealand citizenship or immigration status of a parent or partner:
applicants for particular visa types such as visas for medical treatment, business visitor visas, and some work and limited visas:
air passengers transiting through New Zealand:
ship and airline crew requesting crew ETAs:
some Antarctic travellers and members of visiting forces.
There is also an express exemption from the IVL for people who are exempt from paying a visa fee or an ETA fee (other than under a reciprocal fee-waiver agreement with another country). That exemption covers the following:
diplomatic and consular officials and their families:
refugees:
domestic violence victims:
people-trafficking victims:
people in danger of torture, cruel treatment, or arbitrary deprivation of life:
people exempted by ministerial special direction.
Miscellaneous amendments
The regulations also provide—
that additional persons are categorised as people to whom a visa waiver to travel to New Zealand applies (and are then also required to hold an ETA), including cruise ship passengers, cruise ship crew, and aircraft crew in the course of a scheduled international flight:
for amendments to the categories of persons who are deemed to hold a temporary entry class visa and who are deemed to have been granted entry permission:
that certain requirements for an application for a temporary entry class visa do not apply to cruise passengers:
that a citizen of Australia or a person who holds an Australian permanent residence visa may apply for a residence class visa at a port (in addition to at an immigration control area):
that prescribed fees can be paid in cash only if accepted by special direction:
that an applicant for a visa under the Special Category for Victims of Domestic Violence immigration instructions is exempt from paying the IVL or an ETA fee.
Regulatory impact assessments
The Ministry of Business, Innovation, and Employment produced regulatory impact assessments in September 2018 and February 2019 to help inform the decisions taken by the Government relating to the contents of this instrument.
Copies of these regulatory impact assessments can be found at—
Date of notification in Gazette: 20 June 2019.
These regulations are administered by the Ministry of Business, Innovation, and Employment.
Versions
Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2019
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