Immigration Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 116 — When section 115 ceases to apply to person
116 When section 115 ceases to apply to person (1) Section 115 ceases to apply to a person upon the earliest of the following: (a) the expiry of 72 hours after the person (including a stowaway) first…
Section 117 — When turnaround ceases to apply to person remanded in custody or imprisoned
117 When turnaround ceases to apply to person remanded in custody or imprisoned (1) Subsection (2) applies to a person who is— (a) liable for turnaround; and (b) remanded in custody for suspected…
Section 118 — Obligations of carriers, and persons in charge, of craft
118 Obligations of carriers, and persons in charge, of craft (1) The carrier, and the person in charge, of a craft leaving New Zealand have the following responsibilities: (a) to allow the following…
Section 119 — Obligations of persons leaving New Zealand
119 Obligations of persons leaving New Zealand (1) Except as provided in regulations made under this Act, or in any special direction, every person leaving New Zealand has the following…
Section 120 — Persons other than New Zealand citizens leaving New Zealand to allow biometric information to be collected
120 Persons other than New Zealand citizens leaving New Zealand to allow biometric information to be collected (1) A person leaving New Zealand who is not a New Zealand citizen must allow biometric…
Section 121 — Persons deemed not to leave New Zealand in certain circumstances
121 Persons deemed not to leave New Zealand in certain circumstances (1) For the purposes of this Act, a person is deemed not to leave New Zealand if he or she departs for another country on any…
Section 122 — Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control
122 Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control Subject to sections 15 and 16, where the holder of a temporary entry class…
Section 123 — Protection for carriers, and persons in charge, of craft
123 Protection for carriers, and persons in charge, of craft A person who in good faith imposes reasonable measures, including restraint or reasonable force, on another person in accordance with his…
Section 124 — Purpose of Part
124 Purpose of Part The purpose of this Part is to provide a statutory basis for the system by which New Zealand— (a) determines to whom it has obligations under the United Nations Convention…
Section 125 — Refugee or protection status to be determined under this Act
125 Refugee or protection status to be determined under this Act (1) Every person who seeks recognition as a refugee in New Zealand under the Refugee Convention must have that claim determined in…
Section 126 — Recognition of refugees selected outside New Zealand
126 Recognition of refugees selected outside New Zealand A person must be recognised as a refugee in New Zealand, without the need for submission and determination of a claim under this Part, if,…
Section 127 — Context for decision making
127 Context for decision making (1) Every claim under this Part must be determined by a refugee and protection officer. (2) In carrying out his or her functions under this Act, a refugee and…
Section 128 — Matter not finally determined until expiry of appeal period or when appeal determined
128 Matter not finally determined until expiry of appeal period or when appeal determined A matter under this Part must not be treated as finally determined until— (a) the expiry of the appeal period…
Section 129 — Recognition as refugee
129 Recognition as refugee (1) A person must be recognised as a refugee in accordance with this Act if he or she is a refugee within the meaning of the Refugee Convention. (2) A person who has been…
Section 130 — Recognition as protected person under Convention Against Torture
130 Recognition as protected person under Convention Against Torture (1) A person must be recognised as a protected person in New Zealand under the Convention Against Torture if there are substantial…
Section 131 — Recognition as protected person under Covenant on Civil and Political Rights
131 Recognition as protected person under Covenant on Civil and Political Rights (1) A person must be recognised as a protected person in New Zealand under the Covenant on Civil and Political Rights…
Section 132 — Claims not to be accepted from certain persons
132 Claims not to be accepted from certain persons (1) A refugee and protection officer must not consider a claim by a person who is— (a) a New Zealand citizen; or (b) a resident or permanent…
Section 133 — How claim made
133 How claim made (1) A claim is made as soon as a person signifies his or her intention to seek recognition as a refugee or a protected person in New Zealand to a representative of the Department…
Section 134 — Whether to accept claim for consideration
134 Whether to accept claim for consideration (1) In determining whether to accept a claim for consideration, a refugee and protection officer may take into account whether,— (a) in light of any…
Section 135 — Claimant responsible for establishing claim
135 Claimant responsible for establishing claim (1) It is the responsibility of a claimant to establish his or her claim for recognition under section 129 , 130 , or 131 as a refugee or a protected…
Section 136 — How refugee and protection officer to determine claim
136 How refugee and protection officer to determine claim (1) For the purpose of determining a claim, a refugee and protection officer must determine the matters set out in section 137 . (2) In doing…
Section 137 — Matters to be determined by refugee and protection officer
137 Matters to be determined by refugee and protection officer (1) For each claim accepted for consideration, a refugee and protection officer must determine, in the following order: (a) whether to…
Section 138 — Decision on claim
138 Decision on claim (1) A refugee and protection officer must recognise a person as— (a) a refugee if satisfied that the grounds for recognition in section 129 have been met: (b) a protected person…
Section 139 — Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts
139 Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts The Minister must make any decision about a protected person’s…
Section 140 — Limitation on subsequent claims
140 Limitation on subsequent claims (1) A refugee and protection officer must not consider a subsequent claim for recognition as a refugee unless the officer is satisfied— (a) that there has been a…
Section 141 — Procedure on subsequent claims
141 Procedure on subsequent claims (1) The procedures specified in sections 135 to 139 apply to any subsequent claim accepted for consideration, except that any appeal to the Tribunal must be made…
Section 142 — Claim treated as withdrawn if claimant leaves New Zealand
142 Claim treated as withdrawn if claimant leaves New Zealand If a claimant leaves New Zealand, his or her claim (including any subsequent claim) under this Part must be treated as withdrawn.…
Section 143 — Cessation of recognition as refugee or protected person
143 Cessation of recognition as refugee or protected person A refugee and protection officer may cease to recognise a person as a refugee or a protected person, as the case may be, if— (a) 1 of the…
Section 144 — Application to Tribunal for cessation of recognition as refugee or protected person
144 Application to Tribunal for cessation of recognition as refugee or protected person (1) A refugee and protection officer may apply to the Tribunal for a determination as to whether a person's…
Section 145 — Cancellation of New Zealand citizen's recognition as refugee or protected person
145 Cancellation of New Zealand citizen's recognition as refugee or protected person A refugee and protection officer may cancel the recognition of a New Zealand citizen as a refugee or a protected…
Section 146 — Cancellation of person's recognition as refugee or protected person (other than New Zealand citizen)
146 Cancellation of person's recognition as refugee or protected person (other than New Zealand citizen) (1) A refugee and protection officer may cancel the recognition of a person who is not a New…
Section 147 — Application to Tribunal for cancellation of New Zealand citizen's recognition as refugee or protected person
147 Application to Tribunal for cancellation of New Zealand citizen's recognition as refugee or protected person (1) A refugee and protection officer may apply to the Tribunal for a determination as…
Section 148 — Procedures to be followed when refugee and protection officer making determination under section 143, 145, or 146
148 Procedures to be followed when refugee and protection officer making determination under section 143, 145, or 146 When making a determination under section 143 , 145 , or 146 ,— (a) a refugee and…
Section 149 — Powers of refugee and protection officers
149 Powers of refugee and protection officers (1) In carrying out his or her functions under this Part in relation to a claimant or to a person whose recognition as a refugee or a protected person is…
Section 150 — Special provision relating to claimants granted temporary visas
150 Special provision relating to claimants granted temporary visas (1) This section applies to any person who— (a) is a claimant to whom a temporary entry class visa has been granted, whether before…
Section 151 — Confidentiality to be maintained in respect of claimants, refugees, and protected persons
151 Confidentiality to be maintained in respect of claimants, refugees, and protected persons (1) Confidentiality as to the fact that a person is a claimant, a refugee, or a protected person, and as…
Section 152 — Disclosure of information about claimant, refugee, or protected person by government agencies
152 Disclosure of information about claimant, refugee, or protected person by government agencies (1) An officer or employee of any government agency may, for the purpose of assisting a refugee and…
Section 153 — Purpose of Part
153 Purpose of Part (1) The purpose of this Part is to support the integrity of New Zealand's immigration system and the security of New Zealand by providing for the deportation of certain persons…
Section 154 — Deportation liability if person unlawfully in New Zealand
154 Deportation liability if person unlawfully in New Zealand (1) A person unlawfully in New Zealand is liable for deportation. (2) A person unlawfully in New Zealand may, not later than 42 days…
Section 155 — Deportation liability if person's visa granted in error
155 Deportation liability if person's visa granted in error (1) A person is liable for deportation if— (a) the Minister or an immigration officer determines that the person's visa was granted as a…
Section 156 — Deportation liability if visa held under false identity
156 Deportation liability if visa held under false identity (1) A person is liable for deportation if— (a) the person is convicted of an offence where the identity of the person is established, and…
Section 157 — Deportation liability of temporary entry class visa holder for cause
157 Deportation liability of temporary entry class visa holder for cause (1) A temporary entry class visa holder is liable for deportation if the Minister determines that there is sufficient reason…
Section 158 — Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc
158 Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc (1) A residence class visa holder is liable for deportation if— (a) the person…
Section 159 — Deportation liability of resident if visa conditions breached
159 Deportation liability of resident if visa conditions breached (1) A resident is liable for deportation if the Minister determines that— (a) the conditions of his or her visa have not been met; or…
Section 160 — Deportation liability of residence class visa holder if new information as to character becomes available
160 Deportation liability of residence class visa holder if new information as to character becomes available (1) A residence class visa holder is liable for deportation if, not later than 5 years…
Section 161 — Deportation liability of residence class visa holder convicted of criminal offence
161 Deportation liability of residence class visa holder convicted of criminal offence (1) A residence class visa holder is liable for deportation if he or she is convicted, in New Zealand or…
Section 162 — Deportation liability if refugee or protection status cancelled under section 146
162 Deportation liability if refugee or protection status cancelled under section 146 (1) A person who is not a New Zealand citizen and who was previously recognised as a refugee or a protected…
Section 163 — Deportation liability of persons threatening security
163 Deportation liability of persons threatening security (1) Where the Minister certifies that a person constitutes a threat or risk to security, the Governor-General may, by Order in Council, order…
Section 164 — Limitation on deportation of persons recognised or claiming recognition as refugee or protected person
164 Limitation on deportation of persons recognised or claiming recognition as refugee or protected person (1) No person who is recognised as a refugee or a protected person in New Zealand, or who is…
Section 165 — Immigration officer must have regard to certain matters when dealing with claimants, refugees, or protected persons
165 Immigration officer must have regard to certain matters when dealing with claimants, refugees, or protected persons An immigration officer must have regard to Part 5 and Schedule 1 (being the…