Immigration Act 2009
Sections and provisions with full text and the judgments that cite each one.
Section 366 — Evidence in proceedings: certificates in relation to persons
366 Evidence in proceedings: certificates in relation to persons (1) In any proceedings relating to any matter under this Act, whether before the Tribunal or a court, a certificate signed by an…
Section 367 — Evidence in proceedings: certificates as to forms, documents, etc
367 Evidence in proceedings: certificates as to forms, documents, etc For the purposes of any proceedings relating to any matter under this Act, whether before the Tribunal or a court,— (a) a…
Section 368 — Evidence in respect of matters occurring and documents executed outside New Zealand
368 Evidence in respect of matters occurring and documents executed outside New Zealand (1) The court, Tribunal, or other person or body conducting or in charge of any proceedings under this Act may,…
Section 369 — Presumption that certificates duly authorised
369 Presumption that certificates duly authorised Every person signing a certificate under section 366 or 367 must, in the absence of proof to the contrary, be presumed to be duly authorised to sign…
Section 370 — Procedural provisions relating to offences
370 Procedural provisions relating to offences (1) An offence against section 342(1)(b) , 343(1)(a), (b), or (c)(i) , 345 , 348 , or 351 is punishable on indictment. (2) All other offences against…
Section 371 — Presumption of authority
371 Presumption of authority For the purposes of section 370(3) , or any other proceedings under this Act, it is unnecessary to prove that— (a) a person is an immigration officer, a constable, or any…
Section 372 — Time for laying information
372 Time for laying information (1) Despite section 14 of the Summary Proceedings Act 1957, an information for an offence against this Act punishable on summary conviction may be laid at any time…
Section 373 — Immigration status of persons born in New Zealand on or after 1 January 2006
373 Immigration status of persons born in New Zealand on or after 1 January 2006 (1) This section applies to a person who— (a) is born in New Zealand on or after 1 January 2006; and (b) is not a New…
Section 374 — Immigration status of persons whose status depends on immigration status of parent
374 Immigration status of persons whose status depends on immigration status of parent (1) A person’s immigration status for the purposes of section 373 is to be determined as follows: (a) if both…
Section 375 — Minors to have responsible adult to represent their interests
375 Minors to have responsible adult to represent their interests (1) In any matters of the kind referred to in subsection (2) that relate to a person who is under 18 years of age and who is not…
Section 376 — Role and rights of responsible adult
376 Role and rights of responsible adult The following provisions apply to any dealings under this Act with a minor who has a responsible adult to represent his or her interests: (a) the responsible…
Section 377 — Views of minor to be considered
377 Views of minor to be considered In any proceedings or process of a kind referred to in section 375(2) in relation to a minor,— (a) an opportunity must be given, so far as practicable, for the…
Section 378 — Special directions
378 Special directions (1) The Minister may give to the chief executive or any other immigration officer, either in writing or orally, a special direction, in relation to any matter for which such a…
Section 379 — Immigration officer to act in accordance with special direction
379 Immigration officer to act in accordance with special direction Any decision made, or discretion exercised, under this Act by an immigration officer must be made or exercised in accordance with…
Section 380 — Delegation of Minister's powers
380 Delegation of Minister's powers (1) The Minister may, in writing, delegate to any immigration officer 1 or more of the powers conferred on the Minister by this Act, except— (a) this power of…
Section 381 — Chief executive may approve forms
381 Chief executive may approve forms (1) The chief executive may approve and issue application forms and any other forms that the chief executive considers necessary for the purposes of this Act,…
Section 382 — Chief executive to designate immigration control areas
382 Chief executive to designate immigration control areas (1) The chief executive may designate the following places in New Zealand as immigration control areas: (a) all or any part of the area of…
Section 383 — Chief executive may designate places outside New Zealand where entry permission may be granted
383 Chief executive may designate places outside New Zealand where entry permission may be granted (1) The chief executive may— (a) designate places outside New Zealand (for example, ports, airports,…
Section 384 — Endorsement in foreign passport
384 Endorsement in foreign passport (1) For the purpose of facilitating a person's entry into New Zealand, the chief executive may make an endorsement in relation to a passport (other than a New…
Section 385 — Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc
385 Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc (1) The operator of an airport or a port that is subject to a designation under section 382 must…
Section 386 — Giving notice, service of notice, etc
386 Giving notice, service of notice, etc (1) If under this Act any notice or other document is to be served on or supplied to the Minister, it must be delivered to the Minister’s office or to an…
Section 387 — New Zealand address
387 New Zealand address (1) In this Act, New Zealand address , in relation to a person who holds a visa and is in New Zealand, means the last known of the following addresses: (a) the address for the…
Section 388 — Designation of immigration officers
388 Designation of immigration officers (1) The chief executive may designate as immigration officers— (a) the persons employed in the Department that the chief executive considers are— (i) necessary…
Section 389 — Immigration officers’ functions and powers
389 Immigration officers’ functions and powers (1) An immigration officer may be authorised to perform or exercise individual functions and powers, or functions and powers of 1 or more classes. (2)…
Section 390 — Designation of refugee and protection officers
390 Designation of refugee and protection officers (1) The chief executive may designate as refugee and protection officers the persons employed in the Department that the chief executive considers…
Section 391 — Revocation or lapsing of designations
391 Revocation or lapsing of designations (1) Every designation by the chief executive of a person as an immigration officer or a refugee and protection officer, or for any other purpose under this…
Section 392 — Relationship between this Act and Human Rights Act 1993
392 Relationship between this Act and Human Rights Act 1993 (1) The Human Rights Commission may perform, in relation to immigration matters, all of its functions (as described in section 5 of the…
Section 393 — Fees and how they may be prescribed for purposes of section 400
393 Fees and how they may be prescribed for purposes of section 400 (1) Without limiting the power to prescribe fees set out in section 400 ,— (a) fees may be prescribed under that section in…
Section 394 — Other charges
394 Other charges (1) Nothing in section 393 or 396 prevents the Department from charging persons for any of the services the Department provides in relation to the administration of this Act, other…
Section 395 — Exemptions and refunds
395 Exemptions and refunds (1) Regulations made under this Act may provide for exemptions from or refunds of any fee or charge payable under this Act, in whole or in part, in any class of case. (2)…
Section 396 — Imposition of bonds
396 Imposition of bonds (1) This section applies in any case where a bond may be imposed under this Act. (2) The amount of any bond is to be at a level determined or authorised by immigration…
Section 397 — Refund or forfeiture of bond
397 Refund or forfeiture of bond (1) The Minister or an immigration officer may cause a bond imposed under this Act to be forfeited. (2) Forfeiture of a bond is at the discretion of the Minister or…
Section 398 — Costs of deportation or repatriation
398 Costs of deportation or repatriation (1) Subject to this section and to any order of a court under section 355(6) , all costs incurred by the Crown in deporting or repatriating any person from…
Section 399 — Migrant levy
399 Migrant levy (1) Any regulations made under section 400 may provide for the imposition and collection of a migrant levy on persons who are granted a visa. (2) The purpose of the levy is to fund,…
Section 400 — Regulations generally
400 Regulations generally The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes: (a) prescribing the manner of application and any procedural matters…
Section 401 — Regulations relating to visas and expressions of interest
401 Regulations relating to visas and expressions of interest Without limiting section 400 , regulations made under that section may— (a) prescribe the situations under which a visa of a particular…
Section 402 — Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand
402 Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand Without limiting the generality of section 400 , regulations made under that section…
Section 403 — Regulations in respect of refugee and protection matters
403 Regulations in respect of refugee and protection matters Without limiting the generality of section 400 , regulations made under that section may, in relation to refugee and protection matters,—…
Section 404 — Immigration Act 1987 repealed
404 Immigration Act 1987 repealed The Immigration Act 1987 (1987 No 74) is repealed.
Section 405 — Regulations made under Immigration Act 1987 revoked
405 Regulations made under Immigration Act 1987 revoked The following regulations are revoked: (a) Immigration (Refugee Processing) Regulations 1999 (SR 1999/285): (b) Immigration Regulations 1999…
Section 406 — Consequential amendments and repeals
406 Consequential amendments and repeals (1) The enactments listed in Schedule 3 are amended in the manner indicated in that schedule. (2) The regulations, rules, and orders listed in Schedule 4 are…
Section 407 — Immigration Act 1987 continues in relation to certain matters and for certain purposes
407 Immigration Act 1987 continues in relation to certain matters and for certain purposes (1) To avoid doubt, despite the repeal of the former Act by section 404 of this Act, sections 17 , 18 , and…
Section 408 — Appeals body members not entitled to compensation
408 Appeals body members not entitled to compensation Nothing in this Act entitles a member of an appeals body to any compensation— (a) in respect of the repeal of the former Act by section 404 of…
Section 409 — Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions
409 Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions (1) On and from the commencement of section 404 of this…
Section 410 — Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 412 applies
410 Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 412 applies (1) On and from the…
Section 411 — General instructions given under section 13BA of former Act treated as general instructions under section 26(4) of this Act
411 General instructions given under section 13BA of former Act treated as general instructions under section 26(4) of this Act On and from the commencement of section 404 of this Act, general…
Section 412 — Existing applications for visas and permits
412 Existing applications for visas and permits (1) An application for a visa or a permit of a type described in the first column of the following table (the former type ) that was made under the…
Section 413 — Expressions of interest in residence under section 13D of former Act
413 Expressions of interest in residence under section 13D of former Act (1) An expression of interest submitted under section 13D of the former Act before the commencement of section 404 of this Act…
Section 414 — Invitations to apply for residence under section 13E of former Act
414 Invitations to apply for residence under section 13E of former Act (1) An invitation to apply under section 13E of the former Act that was made before the commencement of section 404 of this Act…
Section 415 — Holder of visa or permit under former Act deemed to be holder of visa and (if applicable) granted entry permission under this Act
415 Holder of visa or permit under former Act deemed to be holder of visa and (if applicable) granted entry permission under this Act (1) A person who, immediately before the commencement of section…