Immigration Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Title
1 Title This Act is the Immigration Act 2009.
Section Sch1 — Convention Relating to the Status of Refugees
Schedule 1 Convention Relating to the Status of Refugees ss 127(3) , 165 Done at Geneva on 28 July 1951 1 Entry into force: 22 April 1954, in accordance with Article 43 Text: United Nations Treaty…
Section 2 — Commencement
2 Commencement (1) This Act comes into force on a date to be appointed by the Governor-General by Order in Council, except as provided in subsections (2) to (4). (2) Sections 30 , 31 , 60 , 100 , 104…
Section Sch2-1 — Term of office of members
1 Term of office of members (1) Every member of the Tribunal holds office for such period not exceeding 5 years as is fixed in the member’s warrant of appointment. (2) A member of the Tribunal may be…
Section Sch2-10 — Powers of investigation
10 Powers of investigation (1) For the purposes of any of its proceedings, the Tribunal, or any person authorised by it in writing to do so, may— (a) inspect and examine any papers, documents,…
Section Sch2-11 — Power to summon witnesses
11 Power to summon witnesses (1) For the purposes of its proceedings, the Tribunal may of its own motion, or on application, issue in writing a summons in the prescribed form requiring any person to…
Section Sch2-12 — Service of summons
12 Service of summons (1) A summons to a witness must be served by personal service on the person summoned. (2) The summons must be served at least 24 hours before the attendance of the witness is…
Section Sch2-13 — Representation of parties
13 Representation of parties Any party or person involved in proceedings before the Tribunal, or called upon to appear before the Tribunal, may— (a) appear personally; or (b) be represented— (i) by…
Section Sch2-14 — Service outside New Zealand
14 Service outside New Zealand Any document relating to proceedings before the Tribunal may be served outside New Zealand— (a) by leave of the Tribunal; and (b) in accordance with regulations made…
Section Sch2-15 — Privileges and protections of witnesses, counsel, etc
15 Privileges and protections of witnesses, counsel, etc (1) Every person has the same privileges in relation to the giving of information to the Tribunal, the answering of questions put by the…
Section Sch2-16 — Witnesses’ fees, allowances, and expenses
16 Witnesses’ fees, allowances, and expenses (1) A witness appearing before the Tribunal under a summons is entitled to be paid witnesses’ fees, allowances, and expenses in accordance with the scales…
Section Sch2-17 — Decisions of Tribunal
17 Decisions of Tribunal (1) If the Tribunal consists of more than 1 member on an appeal or matter, the decision on it must be a majority decision. (2) If the members are evenly divided, the appeal…
Section Sch2-18 — Public access to hearings
18 Public access to hearings (1) Subject to subclauses (2) and (3), every oral hearing is open to the public. (2) The Tribunal may receive any particular evidence in private, or deliberate in private…
Section Sch2-19 — Publication of decisions
19 Publication of decisions (1) Subject to subclauses (2) and (4), the Tribunal must publish its decisions. (2) Any publication for research purposes by the Tribunal of a decision made by it in…
Section Sch2-2 — Oath of office
2 Oath of office Each member of the Tribunal must, before entering on the performance of any of his or her functions under this Act, swear or affirm before a Judge of the High Court that he or she…
Section Sch2-20 — Correction of errors
20 Correction of errors (1) The Tribunal may correct a decision it gives to the extent necessary to rectify— (a) a clerical mistake; or (b) an error arising from an accidental slip or omission; or…
Section Sch2-21 — Tribunal to have seal
21 Tribunal to have seal The Tribunal must have a seal, which must be judicially noticed in all courts and for all purposes.
Section Sch2-3 — Deputy chair of Tribunal
3 Deputy chair of Tribunal (1) The Minister of Justice may designate a member or members of the Tribunal as deputy chair or chairs of the Tribunal and may at any time revoke such a designation. (2)…
Section Sch2-4 — Remuneration
4 Remuneration (1) The remuneration of the District Court Judge who is chair of the Tribunal, and of any other member who is a District Court Judge, is that set under the Remuneration Authority Act…
Section Sch2-5 — Administration, staffing, and other resources
5 Administration, staffing, and other resources (1) The administration services, staffing, and other resources necessary to enable the Tribunal to carry out its functions under this Act are to be…
Section Sch2-6 — Members of Tribunal not personally liable
6 Members of Tribunal not personally liable No member of the Tribunal is personally liable for any act done or omitted to be done by the Tribunal or any member of it in good faith in pursuance or…
Section Sch2-7 — Proceedings to continue on change in Tribunal
7 Proceedings to continue on change in Tribunal (1) Where any change takes place in a member constituting the Tribunal (including by reason of any vacancy in the membership of the Tribunal), any…
Section Sch2-8 — Evidence
8 Evidence (1) The Tribunal may receive as evidence any statement, document, information, or matter that in its opinion may assist it to deal effectively with the subject of the proceedings before…
Section Sch2-9 — Tribunal may take evidence on oath
9 Tribunal may take evidence on oath (1) The Tribunal may take evidence on oath, and for that purpose a member of the Tribunal or a member of the staff of the Tribunal may administer an oath. (2) The…
Section 3 — Purpose
3 Purpose (1) The purpose of this Act is to manage immigration in a way that balances the national interest, as determined by the Crown, and the rights of individuals. (2) To achieve this purpose,…
Section Sch3-“ 10 — Limited visas under Immigration Act 2009 for certain participants in trials
“ 10 Limited visas under Immigration Act 2009 for certain participants in trials “ (1) If this section applies to a person, the Minister (as defined in section 4 of the Immigration Act 2009) or an…
Section Sch3-“ 13 — Expiry of limited visa and liability for deportation may be effective immediately upon giving or service of notice
“ 13 Expiry of limited visa and liability for deportation may be effective immediately upon giving or service of notice “ (1) This section applies to the holder of a limited visa (or further limited…
Section Sch3-“ 19 — Immigration Act 2009 not limited
“ 19 Immigration Act 2009 not limited This Act does not limit the Immigration Act 2009. ”
Section Sch3-“ 19-dup2 — Application of Immigration Act 2009
“ 19 Application of Immigration Act 2009 “ (1) No visa may be granted under the Immigration Act 2009 to a person on the basis that the person— “ (a) has provided, or intends to provide, commercial…
Section Sch3-“ 244 — Immigration Act 2009 (other than sections 342 to 354) not affected
“ 244 Immigration Act 2009 (other than sections 342 to 354) not affected Nothing in sections 214 to 243 limits or affects any provision of the Immigration Act 2009 other than sections 342 to 354…
Section Sch3-“ 39 — Notice of proposal to cancel or suspend liability for deportation
“ 39 Notice of proposal to cancel or suspend liability for deportation “ (1) The chief executive of the department of State that is, with the authority of the Prime Minister, for the time being…
Section Sch3-“ 48 — Victim may make submission on consideration of cancellation or suspension of liability for deportation, or offender’s appeal against deportation
“ 48 Victim may make submission on consideration of cancellation or suspension of liability for deportation, or offender’s appeal against deportation A victim to whom this section applies may make…
Section Sch3-“ 55 — Offenders may be released early for deportation
“ 55 Offenders may be released early for deportation “ (1) The Minister of Immigration may, in the Minister's absolute discretion as defined in section 11 of the Immigration Act 2009, give the…
Section Sch3-“ 263A — Disclosure of immigration information for matching purposes
“ 263A Disclosure of immigration information for matching purposes “ (1) In this section,— “ immigration information , in relation to any person, means— “ (a) information concerning— “ (i) any person…
Section Sch3-“ 55A — Implementation of early release for deportation
“ 55A Implementation of early release for deportation “ (1) A notice under section 55(1) or (2) is sufficient authority for the manager,— “ (a) if requested by an immigration officer, to release the…
Section Sch3-“ 55B — Offenders released early remain offenders under New Zealand law
“ 55B Offenders released early remain offenders under New Zealand law The following apply to an offender released and deported under sections 55 and 55A: “ (a) his or her sentence continues to run;…
Section 4 — Interpretation
4 Interpretation In this Act, unless the context otherwise requires,— absolute discretion has the meaning given to it in section 11 administrative error , in relation to the granting of a visa or…
Section Sch4-“ 10A — Variation of upper limit for persons awaiting decision on refugee or protected person claims, refugees and protected persons, and certain applicants for residence class visas
“ 10A Variation of upper limit for persons awaiting decision on refugee or protected person claims, refugees and protected persons, and certain applicants for residence class visas “ (1) Subclause…
Section 5 — Notifications
5 Notifications (1) Where this Act or regulations under this Act provide that any notice or other document must be served on or supplied to the Minister, it must be served or supplied in accordance…
Section Sch5 — Visas corresponding to visas and permits held under former Act
Schedule 5 Visas corresponding to visas and permits held under former Act s 415 Part 1 Visas corresponding to visas held under former Act by persons who are outside New Zealand Visa held under former…
Section 6 — How periods of time to be calculated
6 How periods of time to be calculated (1) A period of time prescribed in this Act for the making of an application under the Act must be calculated excluding any day that is— (a) a public holiday or…
Section 7 — Meaning of classified information and proceedings involving classified information
7 Meaning of classified information and proceedings involving classified information (1) In this Act, classified information means information that the chief executive of a relevant agency certifies…
Section 8 — Meaning of granting visa or entry permission as result of administrative error
8 Meaning of granting visa or entry permission as result of administrative error (1) In this Act, a visa is granted as a result of an administrative error if— (a) it is granted to a New Zealand…
Section 9 — Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen)
9 Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen) (1) In this Act, a person who is not a New Zealand citizen is unlawfully in New Zealand if the person is…
Section 10 — Meaning of deported
10 Meaning of deported (1) For the purposes of this Act, a person is deported from a country if the person leaves the country (whether or not at the expense of the government of the country) and an…
Section 11 — Meaning of absolute discretion of the decision maker
11 Meaning of absolute discretion of the decision maker If a provision of this Act provides that a matter or decision is in the absolute discretion of the decision maker concerned, it means that— (a)…
Section 12 — Act binds the Crown
12 Act binds the Crown This Act binds the Crown.
Section 13 — New Zealand citizens may enter and be in New Zealand at any time
13 New Zealand citizens may enter and be in New Zealand at any time (1) For the purposes of this Act, every New Zealand citizen has, by virtue of his or her citizenship, the right to enter and be in…
Section 14 — Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand
14 Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand (1) A person who is not a New Zealand citizen may— (a) travel to New Zealand only if the person— (i) is…
Section 15 — Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand
15 Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand (1) No visa or entry permission may be granted, and no visa waiver may apply, to any…