Immigration Amendment Bill (No 2)

  • enacted

Hon Michael Woodhouse

Immigration Amendment Bill (No 2)

Government Bill


As reported from the committee of the whole House



1 Title

2 Commencement

2 Commencement

3 Principal Act

Part 1
Amendments to Parts 1 to 7

Subpart 1Amendments to Part 1 (Preliminary provisions)

4 Section 4 amended (Interpretation)

5 Section 5 amended (Notifications)

6 Section 8 amended (Meaning of granting visa or entry permission as result of administrative error)

7 Section 9 amended (Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen))

7A Section 10 amended (Meaning of deported)

8 Section 11 amended (Meaning of absolute discretion of the decision maker)

Subpart 2Amendments to Part 2 (Core provisions and matters in relation to decision making)

9 Section 15 amended (Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand)

10 Section 19 amended (Duty of chief executive to communicate obligation to leave New Zealand)

11 Section 22 amended (Immigration instructions)

12 New section 29A inserted (Use of automated system to confirm New Zealand citizenship)

Subpart 3Amendments to Part 3 (Visas)

13 Section 49 amended (Visas may be subject to conditions)

14 Section 55 amended (Condition that visa holder have sponsor)

15 Section 56 amended (Visa holder must comply with conditions)

16 Section 57 amended (Applications for visas)

17 Section 58 amended (Obligation on applicant to inform of all relevant facts, including changed circumstances)

18 Section 61 amended (Grant of visa in special case)

19 Section 64 amended (Cancellation of visa on triggering event)

20 Section 65 amended (Cancellation of resident visa before holder first arrives in New Zealand as holder of visa)

21 Section 86 amended (Who must obtain transit visa)

22 New section 86A inserted (Obligation of transit passenger)

23 Section 88 replaced (Currency and nature of transit visa)

24 Section 91 replaced (Expiry of transit period)

25 Section 92 amended (Expressions of interest)

26 Section 93 amended (Obligation to inform of all relevant facts, including changed circumstances)

Subpart 4Amendments to Part 4 (Arrivals and departures)

27 Section 96 amended (Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand)

28 Section 102 replaced (Obligations of carriers, and persons in charge, of craft to provide information)

29 Section 103 amended (Obligations on persons arriving in New Zealand)

30 Section 109 amended (Decisions on entry permission in relation to temporary entry class visa holders)

31 New section 109A inserted (Form of entry permission)

32 Section 110 amended (Applicant for entry permission to provide address)

33 Section 111 replaced (Applicant for entry permission to allow collection of biometric information)

34 Section 112 amended (Obligation to inform of all relevant facts, including changed circumstances)

35 Section 115 amended (Arrest, detention, and turnaround of persons)

36 Section 118 amended (Obligations of carriers, and persons in charge, of craft)

Subpart 5Amendments to Part 5 (Refugee and protection status determinations)

37 Section 133 amended (How claim made)

38 Section 149 amended (Powers of refugee and protection officers)

Subpart 6Amendments to Part 6 (Deportation)

39 Section 154 amended (Deportation liability if person unlawfully in New Zealand)

40 Section 155 amended (Deportation liability if person's visa granted in error)

41 Section 157 amended (Deportation liability of temporary entry class visa holder for cause)

42 Section 158 amended (Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc)

43 Section 161 amended (Deportation liability of residence class visa holder convicted of criminal offence)

44 Section 169 amended (Effect of being liable for deportation)

45 Section 170 amended (Deportation liability notice)

45A Section 171 amended (Contents of deportation liability notice)

46 Section 172 amended (Minister may cancel or suspend liability for deportation)

47 Section 175 replaced (When deportation order may be served)

48 Section 176 amended (Content of deportation order)

48A Section 177 amended (Deportation order may be cancelled)

49 Section 179 amended (Deported person may not enter New Zealand during period of prohibition on entry)

Subpart 7Amendments to Part 7 (Appeals, reviews, and other proceedings)

50 Section 187 amended (Rights of appeal in relation to decisions concerning residence class visas)

51 Section 194 amended (Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims))

52 Section 196 amended (Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement)

53 Section 197 amended (Determination of appeal against decision declining to accept for consideration certain claims for recognition as refugee)

54 Section 198 amended (Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition)

55 Section 202 amended (Grounds for determining appeal on facts)

56 Section 206 amended (Who may appeal to Tribunal on humanitarian grounds)

57 New section 224A inserted (Annual report on performance of Tribunal's functions)

58 Section 225 amended (How appeal or matter lodged)

58A Section 245 amended (Appeal to High Court on point of law by leave)

58B Section 247 amended (Special provisions relating to judicial review)

58C Section 249 replaced (Restriction on review)

Subpart 8Amendment to related enactment

59 Amendment to Immigration (Carriers' Information Obligations) Regulations 2010

Part 2
Amendments to Parts 8 to 11

Subpart 1Amendments to Part 8 (Compliance and information)

60 Section 277 amended (Powers of entry and inspection relating to records of employers)

61 New sections 277A to 277C inserted

62 New section 279A inserted (Treatment of identity documents and other things)

63 Section 280 amended (Power of immigration officer to request information and documents where liability for deportation or turnaround suspected)

64 Section 281 replaced (Powers on deportation or turnaround)

64A Section 285 amended (Power of entry and search at border place)

65 New section 285A inserted (Search of persons)

66 Section 286 amended (Powers of entry and search relating to deportation)

67 Sections 287 to 290 replaced

68 Section 293 amended (Police to have powers of immigration officers)

69 Section 293A replaced (Immigration officer may apply for search warrant)

70 Section 298 amended (Information matching to verify social security benefit matters)

Subpart 2Amendments to Part 9 (Detention and monitoring)

71 Section 317 amended (Decision on application for warrant of commitment)

72 Section 328 amended (Additional powers relating to detention by immigration officer)

73 Section 329 amended (Arresting or detaining officer may seek assistance)

74 Section 331 amended (Form of custody of persons detained without warrant overnight)

75 Section 332 amended (Form of custody of persons detained under warrant of commitment)

76 Section 339 amended (During epidemic certain warrants and extensions to have effect for 28 days)

Subpart 3Amendments to Part 10 (Offences, penalties, and proceedings)

77 Section 343 amended (Aiding and abetting)

78 Section 344 amended (Obstruction or failing to meet requirements)

79 Section 349 amended (Offences relating to carriers, and persons in charge, of craft)

80 Section 351 amended (Exploitation of persons not legally entitled to work)

81 Section 355 amended (Penalties: general)

81A Section 357 amended (Penalties: employers)

82 Section 361 amended (Immigration officer may require information)

83 Section 362 amended (Infringement notices)

84 Section 365 amended (Revocation of infringement notices)

85 New section 365A inserted (Service of notices)

86 Section 366 amended (Evidence in proceedings: certificates in relation to persons)

Subpart 4Amendments to Part 11 (Miscellaneous provisions)

87 Section 381 amended (Chief executive may approve forms)

88 Section 386 amended (Giving notice, service of notice, etc)

89 New section 386A inserted (Serving and giving notices, etc, to other people)

90 Section 387 replaced (New Zealand address)

91 Section 388 amended (Designation of immigration officers)

92 Section 393 amended (Fees and how they may be prescribed for purposes of section 400)

92A Section 394 amended (Other charges)

93 Section 398 amended (Costs of deportation or repatriation)

94 Section 399 amended (Migrant levy)

95 Section 400 amended (Regulations generally)

96 Section 401 amended (Regulations relating to visas and expressions of interest)

96A Section 402 amended (Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand)

97 Section 403 amended (Regulations in respect of refugee and protection matters)

98 New section 403A inserted (Regulations made on recommendation of Minister)

98A Section 463 amended (Immigration officers who may make and cancel removal orders under former Act)

Subpart 5Related amendments to other enactments

98B Amendments to Immigration (Carriers' Infringement Offences, Fees, and Forms) Regulations 2012

99 Amendments to Immigration (Certificate, Warrant, and Other Forms) Regulations 2010

100 New regulation 5A inserted (Certificate requiring surrender of documents held by third party)

101 New form 2A inserted in Schedule

101A Amendment to Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010

102 Amendment to Search and Surveillance Act 2012

Schedule 1
New form 2A for Immigration (Certificate, Warrant, and Other Forms) Regulations 2010

Schedule 2
Amendment to Schedule of Search and Surveillance Act 2012

Legislative history

The Parliament of New Zealand enacts as follows: