Immigration Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 66 — Cancellation of temporary entry class or transit visa by Minister or immigration officer
66 Cancellation of temporary entry class or transit visa by Minister or immigration officer (1) The Minister or an immigration officer may, if the Minister or immigration officer determines there is…
Section 67 — Cancellation of visa for administrative error
67 Cancellation of visa for administrative error An immigration officer may cancel a visa that the officer believes on reasonable grounds was granted as a result of an administrative error if— (a)…
Section 68 — Grant of further visa where visa granted in error
68 Grant of further visa where visa granted in error (1) If the Minister or an immigration officer determines that a visa was granted as a result of an administrative error but the visa was not…
Section 69 — Waiver of requirement for visa permitting travel to New Zealand in certain cases
69 Waiver of requirement for visa permitting travel to New Zealand in certain cases (1) Regulations made under section 400 may waive the requirement to hold a visa permitting travel to New Zealand in…
Section 70 — Classes of visa
70 Classes of visa The following classes of visa may be granted under this Act: (a) residence class visas, consisting of— (i) permanent resident visas: (ii) resident visas: (b) temporary entry class…
Section 71 — Who may apply for residence class visa
71 Who may apply for residence class visa (1) The following persons may apply for a residence class visa: (a) a person who is outside New Zealand and who wishes to come to New Zealand and stay…
Section 72 — Decisions on applications for residence class visa
72 Decisions on applications for residence class visa (1) Where the Minister or an immigration officer makes any decision in relation to an application for a residence class visa, that decision must…
Section 73 — Currency and nature of permanent resident visa
73 Currency and nature of permanent resident visa The holder of a permanent resident visa is entitled— (a) to travel to New Zealand at any time: (b) to be granted entry permission: (c) to stay in New…
Section 74 — Currency and nature of resident visa
74 Currency and nature of resident visa (1) The holder of a resident visa— (a) is entitled to— (i) travel to New Zealand; and (ii) apply for entry permission (whether before or after travelling to…
Section 75 — Former New Zealand citizens deemed to hold resident visa
75 Former New Zealand citizens deemed to hold resident visa (1) This section applies to a person in New Zealand who— (a) renounces his or her New Zealand citizenship; or (b) is deprived of his or her…
Section 76 — Decisions on applications for temporary entry class visa
76 Decisions on applications for temporary entry class visa (1) The Minister or an immigration officer may, in the Minister’s or officer’s discretion, grant a temporary entry class visa as an…
Section 77 — Currency and nature of temporary entry class visa
77 Currency and nature of temporary entry class visa (1) A temporary entry class visa may be granted— (a) until a specified date; or (b) until a specified event on the occurrence of which the visa…
Section 78 — Deemed extension of temporary entry class visa expiring during epidemic
78 Deemed extension of temporary entry class visa expiring during epidemic (1) This section applies to a temporary entry class visa held by a person in New Zealand if— (a) it was current immediately…
Section 79 — Who may apply for temporary visa
79 Who may apply for temporary visa (1) The following persons may apply for a temporary visa: (a) a person, including a person to whom a visa waiver applies, who is outside New Zealand and who wishes…
Section 80 — Interim visa
80 Interim visa (1) The Minister or an immigration officer may, for the purpose of maintaining the lawful status in New Zealand of the applicant while the application is being considered, grant an…
Section 81 — Who may apply for limited visa
81 Who may apply for limited visa The following persons may apply for a limited visa: (a) a person, including a person to whom a visa waiver applies, who is outside New Zealand and who wishes to come…
Section 82 — Grant of limited visa rather than temporary visa applied for or held
82 Grant of limited visa rather than temporary visa applied for or held (1) If a person applies for a temporary visa (rather than a limited visa), the Minister or an immigration officer may grant the…
Section 83 — Grant of limited visa in relation to criminal matters
83 Grant of limited visa in relation to criminal matters (1) A limited visa may be granted to a person if— (a) a certificate has been issued in respect of the person under section 13 or 42(5) of the…
Section 84 — Currency of limited visa
84 Currency of limited visa (1) The Minister or, subject to any special direction, an immigration officer may grant a limited visa for the period that— (a) is appropriate to achieve the express…
Section 85 — Limitations and conditions on holders of limited visa
85 Limitations and conditions on holders of limited visa (1) The holder of a limited visa must leave New Zealand no later than the day that the visa expires. (2) The holder of a limited visa may not,…
Section 86 — Who must obtain transit visa
86 Who must obtain transit visa (1) A person intending to travel to and be in New Zealand only as a transit passenger must, before proceeding to New Zealand, apply for and obtain a transit visa. (2)…
Section 87 — Transit visa may be granted as exception to immigration instructions
87 Transit visa may be granted as exception to immigration instructions The Minister or an immigration officer may, in his or her absolute discretion, grant a transit visa to a person as an exception…
Section 88 — Currency and nature of transit visa
88 Currency and nature of transit visa (1) Regulations made under section 400 may prescribe the period for which a person may be in New Zealand as the holder of a transit visa. (2) A transit visa is…
Section 89 — Limitations on holders of transit visa
89 Limitations on holders of transit visa (1) The holder of a transit visa may not apply for entry permission or any class or type of visa while in New Zealand during the transit period. (2) However,…
Section 90 — Cancellation of transit visa
90 Cancellation of transit visa An immigration officer may cancel a transit visa at any time but, if he or she cancels the visa after the holder of the visa has arrived in New Zealand, the person is…
Section 91 — Expiry of transit period
91 Expiry of transit period (1) Where the holder of a transit visa is still in New Zealand on the expiry of the transit period, an immigration officer may, in his or her absolute discretion,— (a)…
Section 92 — Expressions of interest
92 Expressions of interest (1) A person who, by virtue of immigration instructions, is of a class or category of person that may apply for a visa of a particular class or type only if invited to do…
Section 93 — Obligation to inform of all relevant facts, including changed circumstances
93 Obligation to inform of all relevant facts, including changed circumstances (1) It is the responsibility of the person submitting an expression of interest to ensure that all information,…
Section 94 — Invitation to apply for visa
94 Invitation to apply for visa (1) An invitation to apply for a visa is a statement by or on behalf of the Minister or an immigration officer, whether made electronically or in writing, that the…
Section 95 — Issue of invitation to apply for visa matter of discretion
95 Issue of invitation to apply for visa matter of discretion (1) No person is entitled as of right to an invitation to apply for a visa. (2) The decision whether to issue such an invitation, or to…
Section 96 — Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand
96 Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand (1) This section applies to a carrier, and a person in…
Section 97 — Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand
97 Chief executive may make decision about person boarding craft for purpose of travelling to New Zealand (1) The chief executive may decide that a person in relation to whom information has been…
Section 98 — Grant of entry permission outside New Zealand
98 Grant of entry permission outside New Zealand (1) An immigration officer may grant entry permission to a person outside New Zealand if the person— (a) is the holder of a visa (other than a transit…
Section 99 — New Zealand citizen may confirm citizenship before arrival in New Zealand
99 New Zealand citizen may confirm citizenship before arrival in New Zealand (1) A New Zealand citizen who intends entering New Zealand as a New Zealand citizen may, before boarding a craft for the…
Section 100 — Collection of biometric information from proposed arrivals
100 Collection of biometric information from proposed arrivals (1) A person who is proposing to board a craft for the purposes of travelling to New Zealand must allow biometric information to be…
Section 101 — Obligations in relation to craft en route to or arriving in New Zealand
101 Obligations in relation to craft en route to or arriving in New Zealand (1) Except as provided in regulations made under this Act, the carrier, and the person in charge, of any craft that is en…
Section 102 — Obligations of carriers, and persons in charge, of craft to provide information
102 Obligations of carriers, and persons in charge, of craft to provide information (1) The purpose of this section is to facilitate— (a) the exercise or performance of powers, functions, or duties…
Section 103 — Obligations on persons arriving in New Zealand
103 Obligations on persons arriving in New Zealand (1) Except as provided in regulations made under this Act, or in any special direction, every person who arrives in New Zealand from another country…
Section 104 — New Zealand citizens arriving in New Zealand to be photographed
104 New Zealand citizens arriving in New Zealand to be photographed (1) Subsection (2) applies to a person who— (a) arrives in New Zealand; and (b) is entering New Zealand as a New Zealand citizen;…
Section 105 — Responsibilities of internationally ticketed passengers travelling by air within New Zealand
105 Responsibilities of internationally ticketed passengers travelling by air within New Zealand (1) Where an internationally ticketed passenger is using air travel for a domestic sector, this…
Section 106 — Responsibilities of domestic passengers travelling by air within New Zealand
106 Responsibilities of domestic passengers travelling by air within New Zealand (1) Where any domestic passenger is using air travel for a domestic sector, this section applies to the passenger from…
Section 107 — Effect of entry permission or refusal of entry permission
107 Effect of entry permission or refusal of entry permission (1) A person granted entry permission to New Zealand may enter New Zealand. (2) The grant of entry permission has no effect unless the…
Section 108 — Decisions on entry permission in relation to residence class visa holders
108 Decisions on entry permission in relation to residence class visa holders (1) The holder of a permanent resident visa must be granted entry permission. (2) The holder of a resident visa granted…
Section 109 — Decisions on entry permission in relation to temporary entry class visa holders
109 Decisions on entry permission in relation to temporary entry class visa holders (1) The Minister or, subject to any special direction, an immigration officer may, in his or her discretion,— (a)…
Section 110 — Applicant for entry permission to provide address
110 Applicant for entry permission to provide address A person who applies for entry permission— (a) must specify a physical address in New Zealand to which any communication may be sent, or at which…
Section 111 — Applicant for entry permission to allow collection of biometric information
111 Applicant for entry permission to allow collection of biometric information (1) A person who applies for entry permission must allow biometric information to be collected from him or her. (2) If…
Section 112 — Obligation to inform of all relevant facts, including changed circumstances
112 Obligation to inform of all relevant facts, including changed circumstances (1) It is the responsibility of an applicant for entry permission to ensure that all information, evidence, and…
Section 113 — Revocation of entry permission for administrative error
113 Revocation of entry permission for administrative error (1) An immigration officer may revoke a person's entry permission if the immigration officer believes on reasonable grounds that the entry…
Section 114 — Person failing to present and apply for entry permission
114 Person failing to present and apply for entry permission A constable may arrest a person, and present him or her to an immigration officer for the purposes of making decisions in relation to the…
Section 115 — Arrest, detention, and turnaround of persons
115 Arrest, detention, and turnaround of persons (1) This section applies to any person arriving in New Zealand from another country who— (a) is a person to whom a visa waiver applies and who fails…