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Immigration Act 2009

Sections and provisions with full text and the judgments that cite each one.

Section 416 — Returning resident's visa held by New Zealand citizen under former Act indication of entitlement

416 Returning resident's visa held by New Zealand citizen under former Act indication of entitlement Despite section 404 of this Act, an immigration officer may treat a returning resident's visa…

Section 417 — Persons exempt from holding permit under former Act deemed to be holders of temporary visa or resident visa

417 Persons exempt from holding permit under former Act deemed to be holders of temporary visa or resident visa (1) A person in New Zealand who immediately before the commencement of section 404 of…

Section 418 — Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand

418 Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand (1) On and from the commencement of section 404 of this Act,…

Section 419 — Decision by chief executive about person boarding craft for purpose of travelling to New Zealand

419 Decision by chief executive about person boarding craft for purpose of travelling to New Zealand (1) On and from the commencement of section 404 of this Act, a decision made by the chief…

Section 420 — Information requirements for carrier, and person in charge, of commercial craft

420 Information requirements for carrier, and person in charge, of commercial craft (1) This section applies to a person to whom section 125AA of the former Act applies if, before the commencement of…

Section 421 — Reporting obligations of carriers, and persons in charge, of craft leaving New Zealand

421 Reporting obligations of carriers, and persons in charge, of craft leaving New Zealand (1) This section applies in respect of a person if,— (a) before the commencement of section 404 of this Act,…

Section 422 — Obligations of carriers of craft leaving New Zealand to provide passage

422 Obligations of carriers of craft leaving New Zealand to provide passage (1) This section applies to a carrier of a craft if, before the commencement of section 404 of this Act,— (a) a person,—…

Section 423 — Responsibilities of carrier, and person in charge, of craft en route to New Zealand

423 Responsibilities of carrier, and person in charge, of craft en route to New Zealand (1) On and from the commencement of section 404 of this Act, a demand by an immigration officer under section…

Section 424 — Person recognised as refugee under former Act treated as recognised as refugee under this Act

424 Person recognised as refugee under former Act treated as recognised as refugee under this Act On and from the commencement of section 404 , any person who was recognised as a refugee in New…

Section 425 — Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration)

425 Existing claim for recognition as refugee to be determined under this Act (other than subsequent claims made under former Act not yet accepted for consideration) (1) On and from the commencement…

Section 426 — Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration

426 Existing subsequent claim for recognition as refugee made under former Act not yet accepted for consideration (1) Subsection (2) applies to a subsequent claim (within the meaning of section 129B…

Section 427 — Acts or things done by refugee status officer for purposes of claim (including subsequent claim) under former Act not required to be repeated by refugee and protection officer

427 Acts or things done by refugee status officer for purposes of claim (including subsequent claim) under former Act not required to be repeated by refugee and protection officer For the purposes of…

Section 428 — Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act

428 Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act (1) This section applies to a person if the person is not a New…

Section 429 — Persons subject to section 129U of former Act

429 Persons subject to section 129U of former Act A person who, immediately before the commencement of section 404 of this Act, was a person to whom section 129U of the former Act applied must, on…

Section 430 — Person subject to section 128 or 128B of former Act

430 Person subject to section 128 or 128B of former Act (1) A person who, immediately before the commencement of section 404 of this Act, was a person to whom section 128 or 128B of the former Act…

Section 431 — Deportation liability of residence class visa holder convicted of criminal offence

431 Deportation liability of residence class visa holder convicted of criminal offence (1) Subsection (2) applies to a person if he or she— (a) was exempt from the requirement to hold a permit under…

Section 432 — Revocation of permits, removal orders, and deportation orders

432 Revocation of permits, removal orders, and deportation orders (1) Despite section 404 of this Act, the former Act continues to apply in relation to a person— (a) whose visa or permit has been…

Section 433 — Permit granted prior to commencement of section 404 as result of administrative error

433 Permit granted prior to commencement of section 404 as result of administrative error (1) Subsection (2) applies if— (a) a person has been granted a permit under the former Act; and (b) an…

Section 434 — Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act

434 Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act (1) A person may become liable for deportation under Part 6 of this Act in respect of a visa…

Section 435 — Person released on conditions under former Act

435 Person released on conditions under former Act (1) This section applies if, immediately before the commencement of section 404 of this Act, a person has been released on conditions under the…

Section 436 — Person subject to residence and reporting requirements under former Act

436 Person subject to residence and reporting requirements under former Act (1) Any residence and reporting requirements imposed on a person under section 98 of the former Act that were in force…

Section 437 — No deportation liability if deportation prohibited under former Act

437 No deportation liability if deportation prohibited under former Act Nothing in this Act authorises the deportation of a person if the deportation of the person was prohibited under section 93 of…

Section 438 — Person subject to Part 4A of former Act

438 Person subject to Part 4A of former Act (1) Despite section 404 of this Act, Part 4A of the former Act continues to apply to a person in relation to whom a security risk certificate has been…

Section 439 — Certain persons deemed liable for arrest and detention under Part 9

439 Certain persons deemed liable for arrest and detention under Part 9 (1) On and from the commencement of section 404 of this Act, the following persons must be treated as being liable for arrest…

Section 440 — Detention of person liable for turnaround

440 Detention of person liable for turnaround Section 117 of this Act applies only in respect of persons to whom section 115 of this Act first applies after the commencement of section 404 of this…

Section 441 — Detention of person beyond 6 months

441 Detention of person beyond 6 months Section 323 of this Act applies to a person regardless of whether the person was initially detained before or after the commencement of section 404 of this Act.

Section 442 — Detention under former Act without warrant

442 Detention under former Act without warrant (1) This section applies to a person who, immediately before the commencement of section 404 of this Act, was being detained without warrant under the…

Section 443 — Detention under former Act with warrant

443 Detention under former Act with warrant (1) This section applies to a person who, immediately before the commencement of section 404 of this Act, was being detained under a warrant of commitment…

Section 444 — Reconsiderations not determined before former Act repealed

444 Reconsiderations not determined before former Act repealed (1) An application for the reconsideration of a decision to decline an application for a further temporary permit under section 31 of…

Section 445 — Persons eligible for reconsideration before former Act repealed

445 Persons eligible for reconsideration before former Act repealed (1) Subsection (2) applies to a person if— (a) the person was, immediately before the commencement of section 404 of this Act,…

Section 446 — Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed

446 Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed (1) This section applies to any appeal— (a) lodged with an appeals body under the…

Section 447 — Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed

447 Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed (1) This section applies to any appeal by a person who,— (a) immediately before…

Section 448 — Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed

448 Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed (1) Subsection (2) applies to the completion of an appeal lodged with the Refugee Status Appeals…

Section 449 — Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed

449 Persons eligible to appeal to Refugee Status Appeals Authority before former Act repealed (1) Subsection (2) applies to a person if,— (a) immediately before the commencement of section 404 of…

Section 450 — Appeals not determined by court before former Act repealed

450 Appeals not determined by court before former Act repealed (1) Despite section 404 of this Act, an appeal lodged under the former Act with a court but not determined before the commencement of…

Section 451 — Persons eligible to appeal to court before former Act repealed

451 Persons eligible to appeal to court before former Act repealed (1) Subsection (2) applies if, immediately before the commencement of section 404 of this Act, a person was eligible to appeal under…

Section 452 — Appeals against, or review proceedings in respect of, Tribunal decisions under this subpart to be made under Part 7

452 Appeals against, or review proceedings in respect of, Tribunal decisions under this subpart to be made under Part 7 Any appeal against, or review proceedings in respect of, a decision of the…

Section 453 — No new appeal rights created

453 No new appeal rights created (1) To avoid doubt, nothing in this Part allows a person who had a right of appeal under the former Act to take a further appeal under this Act in respect of the same…

Section 454 — Arrangements under former Act for disclosure of immigration information

454 Arrangements under former Act for disclosure of immigration information (1) This section applies if, before the commencement of section 404 of this Act, the chief executive or the Secretary of…

Section 455 — Offences

455 Offences (1) A person commits an offence against this Act under section 343(1)(d) whether the condition concerned was— (a) imposed (or deemed to be imposed) under this Act; or (b) imposed under…

Section 456 — Offences by employers

456 Offences by employers (1) Subsection (2) applies if, before the commencement of section 404 of this Act,— (a) an employer allowed a person to undertake employment in the employer’s service; and…

Section 457 — Evidence in proceedings

457 Evidence in proceedings In any proceedings relating to any matter under this Act, whether before the Tribunal or a court, a certificate signed by an immigration officer and containing a statement…

Section 458 — Classified information

458 Classified information A decision may be made relying on classified information in accordance with this Act regardless of whether the application, claim, or other matter concerned arose before or…

Section 459 — Children to have responsible adult to represent their interests

459 Children to have responsible adult to represent their interests For the purposes of this Act, any person who has been nominated as a responsible adult for a minor under section 141B of the former…

Section 460 — Special directions

460 Special directions (1) A special direction made in accordance with section 130 of the former Act and in force immediately before the commencement of section 404 of this Act remains in force on…

Section 461 — Delegation of powers of Minister

461 Delegation of powers of Minister (1) A delegation made by the Minister under section 131 of the former Act and in force immediately before the commencement of section 404 of this Act remains in…

Section 462 — Immigration officers

462 Immigration officers (1) On and from the commencement of section 404 of this Act, immigration officers designated under section 133 of the former Act, including customs officers and other persons…

Section 463 — Immigration officers who may make and cancel removal orders under former Act

463 Immigration officers who may make and cancel removal orders under former Act (1) Despite section 462(1) of this Act, an immigration officer designated by the chief executive for the purpose of…

Section 464 — Acts or things done by immigration officer under former Act not required to be repeated

464 Acts or things done by immigration officer under former Act not required to be repeated For the purposes of completing any matter to which this Part applies, an immigration officer— (a) is not…

Section 465 — Exercise of certain powers by customs officers

465 Exercise of certain powers by customs officers (1) Despite section 2(2) of this Act, a customs officer undertaking immigration duties may exercise the powers in sections 283 , 284 , and 285 of…