Immigration Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 16 — Certain other persons not eligible for visa or entry permission
16 Certain other persons not eligible for visa or entry permission (1) No visa or entry permission may be granted, and no visa waiver may apply, to any person who— (a) the Minister has reason to…
Section 17 — Exceptions to non-eligibility for visa or entry permission
17 Exceptions to non-eligibility for visa or entry permission (1) Despite sections 15 and 16 , a visa and entry permission may be granted to any person— (a) in accordance with a special direction; or…
Section 18 — Obligation of persons unlawfully in New Zealand to leave New Zealand
18 Obligation of persons unlawfully in New Zealand to leave New Zealand (1) A person who is unlawfully in New Zealand has an obligation to leave New Zealand. (2) The obligation under subsection (1)…
Section 19 — Duty of chief executive to communicate obligation to leave New Zealand
19 Duty of chief executive to communicate obligation to leave New Zealand (1) The chief executive must communicate to persons who are seeking visas to come to New Zealand or visas to be in New…
Section 20 — No right for person unlawfully in New Zealand to apply for visa
20 No right for person unlawfully in New Zealand to apply for visa No person who is unlawfully in New Zealand may apply for a visa and, where any such person purports to apply for a visa, it is a…
Section 21 — No right for person unlawfully in New Zealand to work or study
21 No right for person unlawfully in New Zealand to work or study A person who is unlawfully in New Zealand may not— (a) work in New Zealand or in the exclusive economic zone of New Zealand; or (b)…
Section 22 — Immigration instructions
22 Immigration instructions (1) The Minister may certify immigration instructions relating to— (a) residence class visas, temporary entry class visas, and transit visas: (b) entry permission: (c)…
Section 23 — Immigration instructions classified as residence instructions, temporary entry instructions, or transit instructions
23 Immigration instructions classified as residence instructions, temporary entry instructions, or transit instructions (1) The Minister must classify immigration instructions as— (a) residence…
Section 24 — Immigration instructions for lapsing of applications for visas
24 Immigration instructions for lapsing of applications for visas (1) The Minister may certify in accordance with section 22 rules or criteria for the lapsing of applications in respect of which no…
Section 25 — Publication of immigration instructions
25 Publication of immigration instructions (1) The chief executive must publish immigration instructions. (2) The chief executive must ensure that copies of immigration instructions are available or…
Section 26 — How claims and applications for visas and entry permission processed
26 How claims and applications for visas and entry permission processed (1) The order and manner of processing any application for a visa or entry permission is a matter for the discretion of the…
Section 27 — Reasons for decisions must be given if visa or entry permission refused to certain persons
27 Reasons for decisions must be given if visa or entry permission refused to certain persons (1) Except as otherwise provided in this Act, where a person who applied for a visa or entry permission…
Section 28 — Automated decision making in relation to visas, etc
28 Automated decision making in relation to visas, etc (1) An automated electronic system that applies criteria predetermined in accordance with immigration instructions may be used by the Department…
Section 29 — Automated decision making in advance passenger processing
29 Automated decision making in advance passenger processing The chief executive may make a decision under section 97(1) by means of an automated electronic system that analyses the information (if…
Section 30 — Use of biometric information in decision making
30 Use of biometric information in decision making Biometric information required from persons in accordance with this Act may be used to— (a) establish a record of a person’s identity; or (b)…
Section 31 — Collection and storage of biometric information
31 Collection and storage of biometric information (1) Biometric information collected under this Act may be collected, using an automated system or otherwise, by— (a) an immigration officer or a…
Section 32 — Department to undertake privacy impact assessment
32 Department to undertake privacy impact assessment (1) The Department must complete a privacy impact assessment in respect of the collection and handling of biometric information under this Act to—…
Section 33 — Classified information relating to security or criminal conduct may be relied on in decision making
33 Classified information relating to security or criminal conduct may be relied on in decision making (1) Classified information may be relied on in making decisions or determining proceedings under…
Section 34 — Minister may receive briefing
34 Minister may receive briefing (1) Where classified information may be relevant to a decision under this Act,— (a) the Minister may request an oral or a written briefing from the chief executive of…
Section 35 — Protection of classified information
35 Protection of classified information (1) Classified information relied on for the purpose of making any decision or determining any proceedings under this Act must be kept confidential and must…
Section 36 — Classified information must be balanced
36 Classified information must be balanced (1) The chief executive of a relevant agency who provides classified information to the Minister under this Act must ensure that— (a) the information is…
Section 37 — Withdrawal or updating of classified information
37 Withdrawal or updating of classified information (1) The chief executive of the relevant agency may at any time withdraw, update, or add to all or any part of any classified information provided…
Section 38 — Summary of allegations to be developed
38 Summary of allegations to be developed (1) This section and section 39 apply where classified information is to be relied on, or may be relied on, in the making of any decision (a relevant…
Section 39 — Reasons, etc, to be given where prejudicial decision made using classified information
39 Reasons, etc, to be given where prejudicial decision made using classified information (1) Where a decision of a kind referred to in section 38(1) has been made relying on classified information,…
Section 40 — Where classified information may be relied on without requirement for summary or reasons
40 Where classified information may be relied on without requirement for summary or reasons (1) Subsection (2) applies to the Minister if— (a) he or she is making a decision under this Act relying on…
Section 41 — Declassification of classified information
41 Declassification of classified information (1) Subsection (2) applies to classified information if— (a) it is relied on, or may be relied on, to make a decision or determine proceedings under this…
Section 42 — No right of complaint to Inspector-General of Intelligence and Security
42 No right of complaint to Inspector-General of Intelligence and Security No complaint may be made to the Inspector-General of Intelligence and Security about any situation or set of circumstances…
Section 43 — Effect of visa
43 Effect of visa (1) A visa (other than a transit visa) granted outside New Zealand indicates that— (a) the holder of the visa has permission to— (i) travel to New Zealand in accordance with the…
Section 44 — Person may hold only 1 current visa
44 Person may hold only 1 current visa At any one time, a person may hold only 1 current visa.
Section 45 — Grant of visa generally matter of discretion
45 Grant of visa generally matter of discretion (1) No person is entitled to a visa as of right. (2) In determining a visa application, the Minister or, subject to any special direction, an…
Section 46 — Grant of visa does not guarantee entry permission
46 Grant of visa does not guarantee entry permission (1) The granting of a visa does not of itself entitle the holder to be granted entry permission. (2) Subsection (1) applies except if the visa…
Section 47 — Grant of visa may be conditional on payment of bond
47 Grant of visa may be conditional on payment of bond (1) Before granting a visa to an applicant, the Minister or an immigration officer may require that a bond be paid in accordance with section…
Section 48 — Grant of visa may be conditional on sponsorship
48 Grant of visa may be conditional on sponsorship (1) Before a visa is granted to an applicant, the applicant may be required to supply a written undertaking, in a form approved by the chief…
Section 49 — Visas may be subject to conditions
49 Visas may be subject to conditions (1) Every visa other than a permanent resident visa is subject to such conditions (if any) as may be,— (a) in the case of resident visas, specified in residence…
Section 50 — Conditions on resident visas
50 Conditions on resident visas (1) On granting a resident visa as an exception to residence instructions, the Minister may— (a) impose conditions in addition to those specified in the applicable…
Section 51 — Resident visa holder may apply for variation of travel conditions
51 Resident visa holder may apply for variation of travel conditions (1) A resident visa holder may apply, in the prescribed manner, for a variation of the conditions of his or her visa relating to…
Section 52 — Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions)
52 Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions) (1) On granting a temporary entry class visa, the Minister or an immigration officer…
Section 53 — Conditions on temporary entry class visas subject to restricted temporary entry instructions
53 Conditions on temporary entry class visas subject to restricted temporary entry instructions (1) On granting a temporary entry class visa subject to restricted temporary entry instructions, as an…
Section 54 — Conditions on transit visas
54 Conditions on transit visas (1) On granting a transit visa, the Minister or an immigration officer may— (a) impose conditions in addition to those specified in transit instructions: (b) vary or…
Section 55 — Condition that visa holder have sponsor
55 Condition that visa holder have sponsor (1) This section applies to a visa holder who, when applying for the visa concerned, was required to provide a written undertaking from a sponsor in…
Section 56 — Visa holder must comply with conditions
56 Visa holder must comply with conditions (1) The holder of a visa that is subject to conditions must comply with the conditions of the visa. (2) In the case of conditions imposed by or under any…
Section 57 — Applications for visas
57 Applications for visas (1) An application for a visa must be made in the manner prescribed for the class or type of visa sought. (2) The applicant must specify in the application a physical…
Section 58 — Obligation on applicant to inform of all relevant facts, including changed circumstances
58 Obligation on applicant to inform of all relevant facts, including changed circumstances (1) It is the responsibility of an applicant for a visa to ensure that all information, evidence, and…
Section 59 — Applications by minors
59 Applications by minors Where an application for a visa is made by or for a person under 18 years of age who is not married or in a civil union, the Minister or an immigration officer may decline…
Section 60 — Biometric information may be required from visa applicant
60 Biometric information may be required from visa applicant (1) An applicant for a visa must allow biometric information to be collected from him or her. (2) If the applicant fails to allow the…
Section 61 — Grant of visa in special case
61 Grant of visa in special case (1) The Minister may at any time, of the Minister’s own volition, grant a visa of any type to a person who— (a) is unlawfully in New Zealand; and (b) is not a person…
Section 62 — Form of visa
62 Form of visa (1) A visa is granted by being entered and retained in the records (whether electronic or physical) of the Department in a manner determined by the chief executive. (2) The entry for…
Section 63 — Expiry of visa
63 Expiry of visa (1) If the holder of a visa is in New Zealand, the visa expires on the earliest of— (a) the beginning of the day after the date specified in the visa as the expiry date: (b) the…
Section 64 — Cancellation of visa on triggering event
64 Cancellation of visa on triggering event (1) A visa is cancelled in the following circumstances: (a) on the deportation of its holder from New Zealand: (b) on the refusal of entry permission to…
Section 65 — Cancellation of resident visa before holder first arrives in New Zealand as holder of visa
65 Cancellation of resident visa before holder first arrives in New Zealand as holder of visa (1) The Minister or an immigration officer may cancel a resident visa at any time before its holder first…