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New Zealand law explained for everyone

Immigration Act 2009

Preliminary provisions

3: Purpose

You could also call this:

“Explains how New Zealand manages immigration and balances national interests with individual rights”

This law is about managing immigration in New Zealand. It tries to balance what’s good for the country with the rights of individuals.

The law sets up a system where people who aren’t New Zealand citizens need to have a visa to travel to New Zealand and to stay here. The Minister decides on the rules for getting visas. These rules might focus on things like helping New Zealand get the workers it needs or supporting families.

The law also sets rules for people coming into and leaving New Zealand. It makes sure New Zealand follows its international agreements about immigration.

There are ways to check that people, employers, and schools are following the immigration rules. If people break the rules, commit crimes, or might be a danger to New Zealand, they can be made to leave the country.

The law creates a special court to look at appeals when people disagree with immigration decisions. It also helps new migrants, refugees, and protected persons settle in New Zealand.

Lastly, the law allows for a charge to be added to help pay for looking after the environment and supporting tourism.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440310.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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2: Commencement, or

“When different parts of the Immigration Act 2009 take effect”

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4: Interpretation, or

“Explains the meanings of important words and terms used in the Immigration Act 2009”

Part 1 Preliminary provisions

3Purpose

  1. The purpose of this Act is to manage immigration in a way that balances the national interest, as determined by the Crown, and the rights of individuals.

  2. To achieve this purpose, the Act establishes an immigration system that—

  3. requires persons who are not New Zealand citizens to—
    1. hold a visa to travel to New Zealand; and
      1. hold a visa and be granted entry permission to stay in New Zealand; and
      2. provides for the development of immigration instructions (which set rules and criteria for the grant of visas and entry permission) to meet objectives determined by the Minister, which may include objectives such as—
        1. contributing to the New Zealand workforce through facilitating access to skills and labour; and
          1. supporting families; and
          2. allows for the management of persons crossing the border by setting requirements that apply to—
            1. persons arriving, or intending to arrive, in New Zealand; and
              1. persons departing, or intending to depart, from New Zealand; and
              2. provides a process for implementing specified immigration-related international obligations; and
                1. includes mechanisms to ensure that those who engage with the immigration system comply with its requirements, including mechanisms that—
                  1. enable immigration officers to gather information in relation to visa holders, employers, and education providers to determine compliance with obligations in respect of the system; and
                    1. prescribe the system for the deportation of people who are not New Zealand citizens and who fail to comply with immigration requirements, commit criminal offences, or are considered to pose a threat or risk to security; and
                    2. establishes a specialist tribunal to consider appeals against decisions made under this Act and to consider humanitarian appeals; and
                      1. supports the settlement of migrants, refugees, and protected persons; and
                        1. enables a levy to be charged to fund, or contribute to the funding of, costs associated with conservation or tourism.

                          Notes
                          • Section 3(2)(c): replaced, on , by section 266 of the Intelligence and Security Act 2017 (2017 No 10).
                          • Section 3(2)(h): inserted, on , by section 4 of the Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 (2019 No 24).