Section 409 — Immigration Act 2009: Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions
Text of the provision Official document
409 Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions (1) On and from the commencement of section 404 of this Act, Government immigration policy published under section 13A of the former Act that is in force immediately before that commencement must be treated as immigration instructions for the purposes of this Act, and this Act applies accordingly with any necessary modifications. (2) On and from the commencement of section 404 of this Act, Government immigration policy published under section 13A of the former Act and relating to the issue of temporary visas or limited purpose visas, or the granting of temporary permits or limited purpose permits, that is in force immediately before that commencement must be treated as temporary entry instructions for the purposes of this Act, and this Act applies accordingly with any necessary modifications. (3) Subsection (2) applies regardless of whether the policy would affect eligibility for, or otherwise relate to, the issuing of a residence visa or the granting of a residence permit. (4) On and from the commencement of section 404 of this Act, Government immigration policy published under section 13A of the former Act and relating to the issue of transit visas that is in force immediately before that commencement must be treated as transit instructions, and this Act applies accordingly with any necessary modifications. (5) On and from the commencement of section 404 of this Act, Government residence policy under section 13B of the former Act that is in force immediately before that commencement must be treated as residence instructions for the purposes of this Act, and this Act applies accordingly with any necessary modifications. (6) Without limiting subsections (1) to (5),— (a) a reference to a visa in Government immigration policy or Government residence policy to which this section applies must be read as a reference to a visa that allows the person to travel to New Zealand; and (b) a reference to a permit in Government immigration policy or Government residence policy to which this section applies must be read as a reference— (i) to a visa that allows a person to stay in New Zealand; and (ii) to the grant of entry permission in relation to the person.
Official source: legislation.govt.nz
Search case law on this topic
See judgments from New Zealand courts and tribunals with a plain-English summary and legal holding.
Explore case law →