4Interpretation

1. In this Act, unless the context otherwise requires,—

   absolute discretion has the meaning given to it in section 11

   address for service has the meaning given to it by section 387

   administrative error, in relation to the granting of a visa or entry permission, has the meaning given to it in section 8

   airport has the meaning given to it in section 2 of the Airport Authorities Act 1966

   appeal on humanitarian grounds means an appeal to the Tribunal against liability for deportation on the grounds set out in section 207

   appeal on the facts means an appeal against liability for deportation on a ground set out in section 202

   appeals body means 1 or more of the following bodies established or continued under the former Act, as the case may be:

   1. the Residence Review Board:
   2. the Removal Review Authority:
   3. the Refugee Status Appeals Authority:
   4. the Deportation Review Tribunal

   approved system means a system, including an electronic system, approved by the chief executive for the purpose of—

   1. providing information to the chief executive under section 96; or
   2. giving notice under section 97(2) of a decision made under section 97(1); or
   3. giving notice under section 97A(3) of a decision made under section 97A(1)

   arrival hall means a place licensed under section 59 of the Customs and Excise Act 2018 for the processing of persons arriving in New Zealand

   biometric information, in relation to a person, means information that comprises—

   1. 1 or more of the following kinds of personal information:
      1. a photograph of all or any part of the person’s head and shoulders:
      2. impressions of the person’s fingerprints:
      3. a scan of the person’s irises; and
   2. a record, whether physical or electronic, of the personal information that is capable of being used for biometric matching

   border requirement means a requirement, responsibility, or obligation under any of sections 103 to 106, 119, and 120

   carrier, in relation to a craft,—

   1. means the owner or charterer of the craft; and
   2. if the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer; and
   3. if there is no agent in New Zealand, includes the person in charge of the craft

   certificate of identity—

   1. means a document (other than a passport) issued by the government of any country to any person for the purposes of facilitating that person’s entry into or exit from any country, being a document that—
      1. purports to establish the identity but not the nationality of that person; and
      2. confers on that person a right to enter the country whose government has issued the document; and
   2. includes—
      1. any emergency travel document or refugee travel document issued under the Passports Act 1992; and
      2. any travel document issued by any international organisation for the time being specified by the Minister for the purpose of this definition

   chief executive means—

   1. the chief executive of the Department:
   2. when used in relation to a relevant agency, the chief executive of that agency (including, where appropriate, the Commissioner of Police, the Chief of Defence Force, and the General Manager of the Aviation Security Service)

   claim means a claim by a person in New Zealand for recognition, as the case may be, as—

   1. a refugee in New Zealand under the Refugee Convention:
   2. a protected person in New Zealand under the Convention Against Torture:
   3. a protected person in New Zealand under the Covenant on Civil and Political Rights

   claimant—

   1. means a person who has made a claim; but
   2. does not include a person whose claim has been finally determined (within the meaning of section 128)

   classified information has the meaning given to it by section 7(1)

   commercial craft means a craft that travels for a commercial purpose or as part of a commercial operation

   commercial craft infringement offence has the meaning given to it by section 359

   compulsion order means an order made by a District Court Judge under section 290(1) requiring a person to allow the collection of specified biometric information from him or her

   compulsory education means education that is—

   1. provided at any primary school, intermediate school, composite school, secondary school, or specialist school (within the meaning of the Education and Training Act 2020), whether at a State school, a private school, or an integrated school (within the meaning of section 10(1) of that Act); and
   2. provided to a person at any time during the period beginning on the person’s fifth birthday and ending on 1 January following the person’s 19th birthday

   conditions include conditions precedent as well as conditions subsequent (whether imposed by an immigration officer, the Minister, or the Tribunal)

   conservation has the meaning given to it in section 2(1) of the Conservation Act 1987

   contact address has the meaning given to it by section 387A

   Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984

   counsel assisting the court means a person appointed as counsel assisting the court under section 269

   course of study—

   1. means—
      1. any course of tuition or instruction for people entitled to free enrolment and education under section 33 of the Education and Training Act 2020, conducted by any primary school, intermediate school, composite school, secondary school, or specialist school, whether at a State school, a private school, or an integrated school (within the meaning of section 10(1) of that Act); and
      2. any other course of tuition or instruction conducted by any school, college, institute, university, or other body or person, and leading to any educational or vocational qualification the attainment of which by any person would be likely to enhance the employment prospects of that person, either generally or in respect of any particular profession or occupation; and
      3. in relation to any particular person, any other course of tuition or instruction if the undertaking of that course is the principal reason why that person wishes to be or is in New Zealand; but
   2. does not include any course of tuition or instruction excluded, or excluded for a particular purpose, from this definition by immigration instructions

   Covenant on Civil and Political Rights means the International Covenant on Civil and Political Rights done at New York on 16 December 1966

   craft means any form of aircraft, ship, or other vehicle or vessel capable of being or intended to be used to transport any person to or from New Zealand from or to any country outside New Zealand

   crew, in relation to a craft,—

   1. means every person employed or engaged in working or providing a service in or on the craft; and
   2. includes the person in charge of the craft

   customs officer has the meaning given to it by section 5(1) of the Customs and Excise Act 2018

   Department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   departure hall means a place licensed under section 59 of the Customs and Excise Act 2018 for the processing of persons departing from New Zealand

   dependent child, in relation to any person, means a child under 18 years of age who is not married or in a civil union and who is dependent on that person, whether or not the child is a child of that person

   deportation liability notice means a notice that states the matters referred to in section 171, and, for the purposes of serving a notice, includes a copy of the notice

   deportation order means—

   1. an order that contains the information described in section 176 and that, when served on a person in accordance with section 175, authorises the person’s deportation to be executed:
   2. an Order in Council made under section 163:
   3. a copy of the order specified in paragraph (a) or (b)

   designated agency means the agency designated by the Prime Minister under section 264(1) for the purpose of recognising lawyers as special advocates

   disembarkation means the process of physically leaving a craft, whether onto land or otherwise

   education provider means a provider of a course of study, and—

   1. in relation to any institution controlled by a board constituted under subpart 5 of Part 3 of the Education and Training Act 2020, means that board:
   2. in relation to any institution controlled by the chief executive of the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Education and Training Act 2020, means that chief executive:
   3. in relation to any university, means the appropriate university council:
   4. in any other case, means the institution, body, or person that or who is entitled to the fees payable by or on behalf of the persons undertaking the course, or that or who would be so entitled if any such fees were payable

   employee means a person who does work for an employer (whether under a contract of service or a contract for services)

   employer means a person who employs or engages a person to do work, whether under a contract of service or a contract for services

   employment infringement offence has the meaning given to it by section 359

   entry permission is the permission that the following persons are required to obtain before being allowed to enter New Zealand:

   1. a person who is not a New Zealand citizen:
   2. a New Zealand citizen who is a national of 1 or more other countries and who wishes to enter New Zealand other than as a New Zealand citizen

   epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice

   excluded person means a person to whom section 15 or 16 applies

   exclusive economic zone of New Zealand has the same meaning as in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

   execute, in relation to a deportation order, has the meaning described in section 178(2)

   former Act means the Immigration Act 1987

   government agency—

   1. means—
      1. a public service agency as defined in section 5 of the Public Service Act 2020; or
      2. a Crown entity (within the meaning of section 7(1) of the Crown Entities Act 2004); and
   2. includes the New Zealand Police

   grant, in relation to any visa, or entry permission, includes the situation where this Act or any regulations made under this Act deems a grant of the relevant visa, or entry permission, to occur

   holder, in relation to a visa granted under this Act,—

   1. means the person in respect of whom the visa is granted; but
   2. does not include a person whose visa has expired or been cancelled

   immigration control area means an area or place designated as such under section 382

   immigration instructions—

   1. means immigration instructions certified under section 22; and
   2. includes residence instructions, temporary entry instructions, and transit instructions

   immigration officer means an immigration officer designated under section 388, and includes the chief executive

   immigration status means the status of a person under this Act, being whether the person—

   1. holds a visa and, if so, what class and type of visa the person holds, and any conditions of the visa; or
   2. is—
      1. lawfully in New Zealand and, if so, what class and type of visa the person holds, and any conditions of the visa; or
      2. unlawfully in New Zealand (within the meaning of section 9)

   imprisonment means any form of detention or custody whereby a person is deprived of liberty for a continuous period, including home detention, detention or custody in a psychiatric institution or hospital, and military custody; but does not include detention or custody under this Act

   infringement fee has the meaning given to it by section 359

   infringement offence has the meaning given to it by section 359

   international visitor conservation and tourism levy means a levy imposed by regulations under section 400 for the purposes of section 399A

   invitation to apply means an invitation to apply for a visa, as described in section 94

   leave New Zealand means, except in the circumstances specified in section 121, leave New Zealand for a destination in another country

   mass arrival group has the meaning given to it by section 9A

   Minister, in relation to a provision of, or made under, this Act (or to such a provision for particular purposes), means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the provision (or for its administration for those purposes)

   New Zealand means any land territory within the territorial limits of New Zealand; and includes—

   1. the internal waters of New Zealand (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977); and
   2. the Ross Dependency (including any ice shelf); and
   3. for the purposes of sections 21(a), 22(1)(c)(ii), 73(d), 74(1)(b)(ii), 77(4)(a), 277, 277A, and 382(1), the territorial sea of New Zealand; and
   4. for the purposes of section 283(2)(a), the area of sea adjacent to New Zealand and bounded by the outer limits of the contiguous zone of New Zealand (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977)

   New Zealand citizen means a person who has New Zealand citizenship as provided in the Citizenship Act 1977 or the Citizenship (Western Samoa) Act 1982

   onshore, in relation to an applicant for a visa, means that the applicant is in New Zealand other than in an immigration control area

   operator—

   1. in relation to a port, means—
      1. the owner of the port; or
      2. if the owner is not responsible for the operation or management of the port, the manager of the port or any other person who is, for the time being, responsible for the operation or management of the port:
   2. in relation to an airport,—
      1. means a local authority for the time being authorised under section 3 of the Airport Authorities Act 1966 to operate or manage the airport; and
      2. includes any person or association of persons or airport company authorised under section 3(3) of the Airport Authorities Act 1966 to exercise the powers or functions of a local authority under that section

   passenger, in relation to a craft,—

   1. means a person, other than a member of the crew, who is carried in or on the craft with the consent of the carrier, or the person in charge, of the craft; but
   2. for the purpose of any provision in this Act or secondary legislation made under this Act that deems certain passengers to hold a visa and to have been granted entry permission, does not include a person who is a member of a mass arrival group

   passport means a document that is issued by or on behalf of the government of any country and that is recognised by the Government of New Zealand as a passport, being a document that—

   1. purports to establish the identity and nationality of the holder; and
   2. confers on the holder the right to enter the country the government of which has issued the document; and
   3. has not expired

   permanent resident means the holder of a permanent resident visa

   person in charge, in relation to a craft, means the master, captain, pilot in command, driver, or other person for the time being responsible for the craft

   personal service, in relation to any document or notice served or to be served on a person, means personal delivery of the document or notice to that person or, where the person refuses to accept the document or notice, the bringing of the document or notice to that person’s attention

   port—

   1. means any defined area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and
   2. includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the port or its administration

   prescribed means prescribed by regulations made under this Act

   proceedings involving classified information has the meaning given to it in section 7(4)

   protected person means a person recognised as a protected person in New Zealand under section 130 or 131

   refugee means a person recognised as a refugee in New Zealand under section 126 or 129

   refugee and protection officer means a person designated under section 390 as a refugee and protection officer

   Refugee Convention—

   1. means the United Nations Convention Relating to the Status of Refugees, done at Geneva on 28 July 1951; and
   2. includes the Protocol Relating to the Status of Refugees done at New York on 31 January 1967

   registered post includes any postal or courier service where delivery to the address is recorded

   relevant agency, in relation to any classified information, means any of the following agencies that hold, were the source of, or were provided with, that classified information:

   1. Aviation Security Service:
   2. Civil Aviation Authority of New Zealand:
   3. Department of Corrections:
   4. Department of Internal Affairs:
   5. Department of Labour:
   6. Government Communications Security Bureau:
   7. Maritime New Zealand:
   8. Ministry of Agriculture and Forestry:
   9. Ministry of Fisheries:
   10. Ministry of Foreign Affairs and Trade:
   11. New Zealand Customs Service:
   12. New Zealand Defence Force:
   13. New Zealand Police:
   14. New Zealand Security Intelligence Service:
   15. a government agency established in substitution for or set up to take over any function of a department or agency listed in paragraphs (a) to (n)

   residence class visa means a permanent resident visa or a resident visa

   residence instructions means immigration instructions certified under section 22 that relate to the grant of residence class visas

   resident means the holder of a resident visa

   responsible adult means the adult designated or nominated under section 375

   restricted temporary entry instructions means temporary entry instructions that require, in relation to the type of visa to which the instructions relate, that any decision made on an application for that type of visa, or on an application for entry permission in relation to that type of visa, must be made in terms of the temporary entry instructions applicable at the time the application for the visa was made, and any discretion exercised must be in terms of those instructions

   review proceedings means proceedings—

   1. by way of an application for review under the Judicial Review Procedure Act 2016; or
   2. by way of an application for certiorari, mandamus, or prohibition; or
   3. by way of an application for a declaratory judgment

   scheduled international service means a series of flights or voyages that are—

   1. performed by a craft for the transport of passengers, cargo, or mail between New Zealand and 1 or more points in any other country or territory, if the flights or voyages are so regular or frequent as to constitute a systematic service, whether or not in accordance with a published timetable; and
   2. operated in such a manner that each flight or voyage is open to use by members of the public

   security—

   1. means—
      1. the defence of New Zealand:
      2. the protection of New Zealand from acts of espionage, sabotage, and subversion, whether or not they are directed from or intended to be committed in New Zealand:
      3. the identification of foreign capabilities, intentions, or activities in or relating to New Zealand that affect adversely New Zealand’s international well-being, reputation, or economic well-being:
      4. the protection of New Zealand from activities in or relating to New Zealand that—
         1. are influenced by any foreign organisation or any foreign person; and
         2. are clandestine or deceptive, or threaten the safety of any person; and
         3. affect adversely New Zealand’s international well-being, reputation, or economic well-being:
      5. the prevention of any terrorist act and of any activity relating to the carrying out or facilitating of any terrorist act:
      6. the prevention, investigation, and detection of organised crime, including transnational organised crime; and
   2. in an international security context, also includes the safety and stability of the international community, through co-operative measures such as international conventions and other arrangements or agreements between countries

   special adviser means a person appointed as a special adviser under section 270

   special advocate means a lawyer recognised as a special advocate under section 264

   special direction means a direction given by the Minister in accordance with section 378

   stowaway means a person who is carried in or on a craft without the consent of the carrier, or the person in charge, of the craft

   study means undertake a course of study

   subsequent claim means a claim (of whatever kind) under Part 5 by a person who has previously made a claim of any kind under that Part (or under Part 6A of the former Act) that has been finally determined (within the meaning of section 128 of this Act or section 129B of the former Act, as the case may be)

   temporary entry class visa means a temporary visa, a limited visa, or an interim visa

   temporary entry instructions—

   1. means immigration instructions that relate to the grant of temporary entry class visas; and
   2. includes restricted temporary entry instructions

   territorial sea of New Zealand has the same meaning as in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

   transit instructions means immigration instructions that relate to the grant of transit visas

   transit passenger means a person who arrives in New Zealand from another country while in transit to another overseas destination, not intending to enter or remain in New Zealand

   transit period means the period prescribed in accordance with section 401(d) for the purpose of section 86A

   travelling to New Zealand includes, but is not limited to, travelling to New Zealand from another country in transit to another destination outside New Zealand

   Tribunal means the Immigration and Protection Tribunal established by section 217

   turnaround means to effect, under section 178(2), the departure from New Zealand of a person to whom section 115 applies, as if the person were a person who had been served with a deportation order

   unlawfully in New Zealand, in relation to a person, has the meaning given to it in section 9

   visa—

   1. means an entry in the records of the Department—
      1. made in accordance with section 62; and
      2. having the effect set out in section 43; and
   2. includes—
      1. any visa of a class specified in section 70; and
      2. any visa deemed to be, or treated as being, held under this Act

   visa waiver means a waiver under section 69 of the requirement to hold a visa permitting travel to New Zealand

   warrant of commitment—

   1. means a warrant of commitment issued under section 317, 318, or 323; and
   2. includes—
      1. a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and
      2. a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group)

   work—

   1. means any activity undertaken for gain or reward; but
   2. does not include an activity excluded, or excluded for a particular purpose, from this definition by immigration instructions.

Notes

• Section 4 address for service: inserted, on 7 May 2015, by section 4(8) of the Immigration Amendment Act 2015 (2015 No 48).
• Section 4 approved system: replaced, on 28 September 2017, by section 267(1) of the Intelligence and Security Act 2017 (2017 No 10).
• Section 4 arrival hall: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
• Section 4 biometric information: replaced, on 22 August 2017, by section 30 of the Enhancing Identity Verification and Border Processes Legislation Act 2017 (2017 No 42).
• Section 4 chief executive paragraph (b): replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
• Section 4 commercial craft infringement offence: inserted, on 6 January 2024, by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
• Section 4 compulsory education paragraph (a): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
• Section 4 conservation: inserted, on 1 July 2019, by section 5(1) of the Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 (2019 No 24).
• Section 4 contact address: inserted, on 7 May 2015, by section 4(8) of the Immigration Amendment Act 2015 (2015 No 48).
• Section 4 course of study paragraph (a)(i): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
• Section 4 customs officer: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
• Section 4 departure hall: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
• Section 4 deportation liability notice: amended, on 7 May 2015, by section 4(2) of the Immigration Amendment Act 2015 (2015 No 48).
• Section 4 deportation order: replaced, on 24 October 2019, by section 65 of the Statutes Amendment Act 2019 (2019 No 56).
• Section 4 education provider paragraph (a): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
• Section 4 education provider paragraph (b): replaced, on 1 August 2020, by section 668 of the Education and Training Act 2020 (2020 No 38).
• Section 4 employment infringement offence: inserted, on 6 January 2024, by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
• Section 4 government agency paragraph (a)(i): replaced, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).
• Section 4 government agency paragraph (b): replaced, on 28 September 2017, by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
• Section 4 infringement fee: replaced, on 6 January 2024, by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
• Section 4 international visitor conservation and tourism levy: inserted, on 1 July 2019, by section 5(1) of the Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 (2019 No 24).
• Section 4 mass arrival group: inserted, on 19 June 2013, by section 4(1) of the Immigration Amendment Act 2013 (2013 No 39).
• Section 4 Minister: amended, on 1 July 2019, by section 5(2)(a) of the Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 (2019 No 24).
• Section 4 Minister: amended, on 1 July 2019, by section 5(2)(b) of the Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 (2019 No 24).
• Section 4 New Zealand paragraph (c): amended, on 7 May 2015, by section 4(4) of the Immigration Amendment Act 2015 (2015 No 48).
• Section 4 New Zealand address: repealed, on 7 May 2015, by section 4(7) of the Immigration Amendment Act 2015 (2015 No 48).
• Section 4 passenger: replaced, on 5 June 2024, by section 4 of the Immigration (Mass Arrivals) Amendment Act 2024 (2024 No 17).
• Section 4 review proceedings paragraph (a): amended, on 1 March 2017, by section 24 of the Judicial Review Procedure Act 2016 (2016 No 50).
• Section 4 scheduled international service: inserted, on 28 September 2017, by section 267(2) of the Intelligence and Security Act 2017 (2017 No 10).
• Section 4 transit passenger: inserted, on 6 November 2015, by section 4(5) of the Immigration Amendment Act 2015 (2015 No 48).
• Section 4 transit period: replaced, on 6 November 2015, by section 4(6) of the Immigration Amendment Act 2015 (2015 No 48).
• Section 4 warrant of commitment: replaced, on 19 June 2013, by section 4(2) of the Immigration Amendment Act 2013 (2013 No 39).