Plain language law

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Immigration Act 2009

Core provisions and matters in relation to decision making - Automated decision making and biometric information

28: Automated decision making in relation to visas, etc

You could also call this:

“Computer systems can make decisions about visas and entry to New Zealand”

The Department can use a computer system to make decisions about immigration. This system can do things like rank people who want to come to New Zealand, decide who gets invited to apply for a visa, and approve or deny visas and entry permission.

The computer can also handle applications for interim visas. These are temporary visas that let you stay in New Zealand while you wait for a decision on another visa application.

When the computer gives someone a visa, it can only add conditions that are already set out in the immigration rules. But an immigration officer or the Minister can still add more conditions or change the ones the computer set.

If the computer makes a decision about a visa, entry permission, or invitation to apply for a visa, it’s treated the same as if an immigration officer made that decision.

The computer system can also process requests from people who don’t need a visa to enter New Zealand (this is called a visa waiver). When the computer decides to accept or refuse these requests, it’s treated the same as if an immigration officer made the decision.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440626.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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27: Reasons for decisions must be given if visa or entry permission refused to certain persons, or

“You can ask for written reasons if you're refused a visa or entry to New Zealand”

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29: Automated decision making in advance passenger processing, or

“Computer system used to decide if you can enter New Zealand before you travel”

Part 2 Core provisions and matters in relation to decision making
Automated decision making and biometric information

28Automated decision making in relation to visas, etc

  1. An automated electronic system that applies criteria predetermined in accordance with immigration instructions may be used by the Department to—

  2. rank an expression of interest:
    1. process, grant, or refuse to grant an invitation to apply for a visa:
      1. process an application for, grant (with or without conditions), or refuse to grant a visa:
        1. process an application for, grant, or refuse to grant entry permission.

          1. An automated electronic system may be used by the Department to process an application for, grant (with or without conditions), or refuse to grant an interim visa.

          2. Conditions imposed on visas granted by an automated electronic system may only be conditions that are specified in immigration instructions for a visa of the relevant class or type.

          3. However, nothing in this section prevents an immigration officer or the Minister from imposing further conditions, or varying or cancelling conditions under any of sections 50 to 55, on or in relation to a visa granted by way of an automated electronic system.

          4. Where a decision to grant or refuse to grant a visa or entry permission, or to issue or refuse to issue an invitation to apply for a visa, is made by way of an automated electronic system, that decision must for all purposes be treated as a decision of an immigration officer who is authorised to make the decision under this Act.

          5. An automated electronic system may be used by the Department to process, accept, or refuse a request by a person seeking to rely on a visa waiver.

          6. Where a decision to accept or refuse a request is made under subsection (6) by way of an automated electronic system, that decision must for all purposes be treated as a decision of an immigration officer who is authorised to make the decision under this Act.

          Notes
          • Section 28(6): inserted, on , by section 6 of the Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 (2019 No 24).
          • Section 28(7): inserted, on , by section 6 of the Immigration (International Visitor Conservation and Tourism Levy) Amendment Act 2019 (2019 No 24).