New Zealand Legislation: Regulations
Regulations are laws made under Acts
2009/179
Rt Hon Dame Sian Elias, Administrator of the Government
At Wellington this 22nd day of June 2009
Present:
Her Excellency the Administrator of the Government in Council
Pursuant to section 150 of the Immigration Act 1987, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following regulations.
These regulations are the Immigration Amendment Regulations 2009.
These regulations come into force on 27 July 2009.
These regulations amend the Immigration Regulations 1999.
Regulation 26 is revoked and the following regulation substituted:
“26 Student permit, etc, not required for certain courses of study or training
“(1) This regulation applies to a person who undertakes a course of study or training referred to in subclause (2) and who is—
“(a) the holder of a work permit granted under a working holiday scheme; or
“(b) the holder of a temporary permit other than a work permit referred to in paragraph (a).
“(2) A person to whom this regulation applies may undertake a course of study or training specified in—
“(a) Part 3 or 4 of Schedule 1, if the person is the holder of a work permit granted under a working holiday scheme; or
“(b) Part 5 of Schedule 1, if the person is the holder of a temporary permit other than a work permit referred to in paragraph (a).
“(3) A person to whom this regulation applies is not required by reason only of undertaking that course of study or training to—
“(a) hold a student permit or a residence permit; or
“(b) obtain any variation of the conditions of the person's work permit or, as the case may be, temporary permit that would authorise the person to undertake the course of study or training.
“(4) Despite subclauses (1)(b) and (3), the holder of a limited purpose permit may not undertake a course of study or training unless authorised by the terms or conditions or purpose of his or her limited purpose permit.”
Schedule 1 is amended by revoking Part 3 and substituting the Parts 3 to 5 set out in Schedule 1 of these regulations.
Schedule 3 is amended in the manner set out in Schedule 2 of these regulations.
Schedule 1 |
Part 3 | r 26(3)(a) |
One or more courses of study or training undertaken by participants of the following working holiday schemes, the total duration of those courses not being more than 6 calendar months:
(a) Canada:
(b) Germany:
(c) Japan:
(d) Taiwan:
(e) United Kingdom.
Part 4 | r 26(3)(a) |
One or more courses of study or training in New Zealand, the total duration of those courses not being more than 3 calendar months.
Part 5 | r 26(3)(b) |
Any training (other than an apprenticeship or a cadetship) provided by an employer as part of the normal conditions of employment offered to the holder of a work permit.
One single course of study or training of not more than 3 calendar months' duration.
Schedule 2 |
Clause (1)(b) to (d): revoke and substitute:
(b) Investor 1 category
3,400 3,400 3,400
(c) Investor 2 category
3,400 3,400 3,400
(d) Entrepreneur Plus category
2,600 2,600 2,600
Clause 3: revoke and substitute:
3 Expression of interest, under Investor 2 category, in invitation to apply for residence
460 460 460
Insert the following items after the item relating to Global investor category:
Investor 1 category 300 150 Investor 2 category 300 150 Entrepreneur Plus category 300 150
Rebecca Kitteridge,
Clerk of the Executive Council.
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 27 July 2009, amend the Immigration Regulations 1999 (the principal regulations).
The amendments will allow the holder of a work permit granted under a working holiday scheme to undertake 1 or more courses of study or training of not more than a total of 3 calendar months' duration without having to comply with the requirement to be a holder of a student permit or a residence permit, or to obtain any variation of the conditions of the person's work permit that would authorise the person to undertake the course of study or training. Currently, the holder of any temporary permit (which includes a work permit granted under the working holiday scheme) is restricted to 1 course of study or training of not more than 3 calendar months' duration.
The amendments will also allow the holder of a work permit granted under a working holiday scheme who is a participant in certain specified working holiday schemes to undertake 1 or more courses of study or training of not more than a total of 6 calendar months' duration without having to comply with that requirement.
The amendments also make various changes to Schedule 3 of the principal regulations, which sets out the fees and levies payable for applications and other matters under those regulations. The changes give effect to the introduction of the Government's new Business Migration Package for investors and entrepreneurs.
Date of notification in Gazette: 25 June 2009.
These regulations are administered by the Department of Labour.