Schedule 4 Regulations, rules, and orders amended

s 406(2)

Corrections Regulations 2005 (SR 2005/53)

Regulation 70(6): omit “Immigration Act 1987” and substitute “Immigration Act 2009”.

Regulation 184: omit Immigration Act 1987 and substitute Immigration Act 2009 in the regulation heading.

Regulation 184: omit “Immigration Act 1987” and substitute “Immigration Act 2009”.

Regulation 188(2): omit “Immigration Act 1987” and substitute “Immigration Act 2009”.

Regulation 193(1)(c) and (2): omit “Immigration Act 1987” and substitute in each case “Immigration Act 2009”.

Customs and Excise Regulations 1996 (SR 1996/232)

Regulation 2: revoke the definition of certificate of identity and substitute:

certificate of identity has the same meaning as in section 4 of the Immigration Act 2009

Diplomatic Privileges (EC) Order 2004 (SR 2004/56)

Clause 3(1): revoke paragraph (a) of the definition of New Zealand national and substitute:

(a)

a New Zealand citizen or the holder of a residence class visa under the Immigration Act 2009; and

Clause 3(1): revoke the definition of permanent resident.

Diplomatic Privileges (International Criminal Court) Order 2004 (SR 2004/79)

Clause 3: revoke the definition of permanent resident and substitute:

permanent resident means a person who is the holder of a residence class visa under the Immigration Act 2009

Health Entitlement Cards Regulations 1993 (SR 1993/169)

Regulation 2(1): revoke the definition of ordinarily resident in New Zealand and substitute:

ordinarily resident in New Zealand, in relation to any person, includes a person who the Director-General is satisfied is in the process of claiming recognition as a refugee or a protected person in New Zealand; but does not include any other person—

(a)

unlawfully resident or present in New Zealand; or

(b)

lawfully resident or present in New Zealand only by virtue of holding a temporary entry class visa or transit visa

Health (Quarantine) Regulations 1983 (SR 1983/52)

Regulation 27: omit “Immigration Act 1964” and substitute “Immigration Act 2009”.

Land Transport (Driver Licensing) Rule 1999 (SR 1999/100)

Rule 10(1)(f): omit “section 2(1) of the Immigration Act 1987” and substitute “section 4 of the Immigration Act 2009”.

Land Transport Rule 32006/1: Frontal Impact 2001

Definition of Immigrant’s vehicle in Part 2: revoke and substitute:

immigrant’s vehicle means a Class MA, MB, or MC motor vehicle that is—

(a)

imported into New Zealand by a New Zealand citizen, or a New Zealand resident, who has lived outside New Zealand for a period of not less than 21 months before the date of his or her arrival in or return to New Zealand; and

(b)

identified in writing and in accordance with Schedule 1 by the Director, or by an organisation appointed by the Director under 4.6(5), as being an immigrant’s vehicle

Definition of New Zealand resident in Part 2: revoke and substitute:

New Zealand resident means a person who holds a residence class visa under the Immigration Act 2009

Clause 2(a) of Schedule 1: revoke and substitute:

(a)

be a New Zealand citizen or a New Zealand resident; and

Clause 3(a) of Schedule 1: revoke and substitute:

(a)

be a New Zealand citizen or a New Zealand resident; and

Sale of Liquor Regulations 1990 (SR 1990/61)

Regulation 21C(f): omit “section 2(1) of the Immigration Act 1987” and substitute “section 4 of the Immigration Act 2009”.

Social Security (SuperGold Card) Regulations 2007 (SR 2007/209)

Regulation 9(b): revoke and substitute:

(b)

is the holder of a residence class visa granted under the Immigration Act 2009.

Social Security (Temporary Additional Support) Regulations 2005 (SR 2005/334)

Regulation 10A: revoke and substitute:

10A Variation of upper limit for persons awaiting decision on refugee or protected person claims, refugees and protected persons, and certain applicants for residence class visas

(1)

Subclause (2) applies, instead of regulation 10(3), when calculating under regulation 10(1) the amount of temporary additional support that may be granted per week to a person who the chief executive is satisfied is—

(a)

a person of the kind referred to in section 74A(1)(c) of the Act (a person lawfully present in New Zealand awaiting the outcome of his or her claim for recognition as a refugee or a protected person in New Zealand); or

(b)

a person referred to in section 74A(1)(d) of the Act (a person who is recognised as a refugee or a protected person in New Zealand); or

(c)

a person referred to in section 74A(1)(e) of the Act (a person applying for a residence class visa under the Immigration Act 2009 who is compelled to remain in New Zealand through some unforeseen circumstances).

(2)

The upper limit is the higher of—

(a)

the appropriate maximum rate of accommodation supplement that would be applicable if section 74A(1) of the Act did not prohibit the person receiving a benefit; and

(b)

the upper limit in regulation 10(3).

Student Allowances Regulations 1998 (SR 1998/277)

Regulation 12(1)(a): revoke and substitute:

(a)

he or she—

(i)

is a New Zealand citizen; or

(ii)

satisfies the chief executive that he or she is ordinarily resident in New Zealand, has lived in New Zealand for at least 2 years, and has been entitled under the Immigration Act 2009 to reside indefinitely in New Zealand for at least 2 years; or

(iii)

satisfies the chief executive that he or she is a refugee or a protected person and is entitled under the Immigration Act 2009 to reside indefinitely in New Zealand; and

United Nations Sanctions (Al-Qaida and Taliban) Regulations 2007 (SR 2007/356)

Regulation 13(2) and (3): revoke and substitute:

(2)

A visa may be granted under the Immigration Act 2009 to a person who is a specified entity only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(3)

This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

United Nations Sanctions (Côte d’Ivoire) Regulations 2005 (SR 2005/339)

Regulation 13(3) and (4): revoke and substitute:

(3)

A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(4)

This regulation operates in addition to the requirements of the Immigration Act 2009 and of any regulations made under that Act.

United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2006 (SR 2006/382)

Regulation 17(3) and (4): revoke and substitute:

(3)

A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(4)

This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

United Nations Sanctions (Democratic Republic of the Congo) Regulations 2004 (SR 2004/465)

Regulation 12D(4) and (5): revoke and substitute:

(4)

A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(5)

This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

United Nations Sanctions (Iran) Regulations 2007 (SR 2007/74)

Regulation 16B(4) and (5): revoke and substitute:

(4)

A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(5)

This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

United Nations Sanctions (Lebanon) Regulations 2008 (SR 2008/262)

Regulation 17(4) and (5): revoke and substitute:

(4)

A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(5)

This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

United Nations Sanctions (Liberia) Regulations 2001 (SR 2001/134)

Regulation 16(2) and (3): revoke and substitute:

(2)

A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(3)

This regulation operates in addition to the requirements of the Immigration Act 2009 and of any regulations made under that Act.

United Nations Sanctions (Sierra Leone) Regulations 1997 (SR 1997/281)

Regulation 11(3A) and (4): revoke and substitute:

(3A)

A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(4)

This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

United Nations Sanctions (Somalia) Regulations 1992 (SR 1992/42)

Regulation 10F(4) and (5): revoke and substitute:

(4)

A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(5)

This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.

United Nations Sanctions (Sudan) Regulations 2004 (SR 2004/466)

Regulation 13D(4) and (5): revoke and substitute:

(4)

A visa may be granted under the Immigration Act 2009 to a designated person only on the advice of the Secretary of Foreign Affairs and Trade that the visa is consistent with subclause (1).

(5)

This regulation operates in addition to the requirements of the Immigration Act 2009 and any regulations made under that Act.