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Immigration Act 2009

Arrivals and departures - Obligations on persons arriving in New Zealand

103: Obligations on persons arriving in New Zealand

You could also call this:

“Rules for entering New Zealand from overseas”

When you arrive in New Zealand from another country, you have some important things to do. If you come to an immigration control area, you need to go see an immigration officer right away. If you arrive somewhere else, you need to follow the rules about when and how to present yourself.

If you’re from a country that doesn’t need a visa, you still need to apply for one in the right way. You also need to ask for entry permission unless you’re a New Zealand citizen with the right kind of passport or documents, or if you’re just passing through with the right visa.

If you’re part of a large group arriving together and don’t have a visa, you need to apply for one and for entry permission when you first meet an immigration officer. If you don’t do this, they’ll treat you as if you did apply anyway.

You need to show your passport or ID and any travel tickets when an immigration officer asks for them. If you’re a New Zealand citizen, you might need to prove it.

You have to follow what the immigration officers tell you to do, like staying in certain areas or following other instructions.

If you can’t do these things because you’re too young or have a disability, the person looking after you needs to do them for you.

The immigration officer will give your passport or ID back to you before you leave the immigration control area if you’re allowed to enter. If you’re not allowed to enter, they might keep it but will give it back when you leave New Zealand.

If you’re a New Zealand citizen but also a citizen of another country and want to enter New Zealand as a non-citizen, you need to apply for entry permission like everyone else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440738.

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Immigration and citizenship > Visas
Immigration and citizenship > Border control
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Part 4 Arrivals and departures
Obligations on persons arriving in New Zealand

103Obligations on persons arriving in New Zealand

  1. Except as provided in regulations made under this Act, or in any special direction, every person who arrives in New Zealand from another country has the following responsibilities:

  2. if the person arrives at an immigration control area, to present himself or herself to an immigration officer without delay:
    1. if the person arrives at a place other than an immigration control area, to present himself or herself in the prescribed manner within the prescribed time:
      1. to apply for a visa in the prescribed manner, if the person is a person to whom a visa waiver applies:
        1. to apply for entry permission in the prescribed manner unless—
          1. the person is a New Zealand citizen and holds and produces a New Zealand passport; or
            1. the person is a New Zealand citizen and holds and produces a foreign passport containing an endorsement of a type described in section 384; or
              1. the person is a New Zealand citizen and holds and produces a foreign passport containing a returning resident's visa (within the meaning of section 2(1) of the former Act); or
                1. the person is a transit passenger who holds a transit visa or is a person to whom a transit visa waiver applies:
                2. if the person is a member of a mass arrival group and is not the holder of a visa (whether or not the person also has the responsibility in paragraph (c)), to apply in any prescribed manner for a visa and entry permission on the person’s first presentation to an immigration officer:
                  1. to produce, on demand by an immigration officer, the person's passport or certificate of identity and any travel tickets held by the person:
                    1. in the case of a New Zealand citizen who is entering New Zealand as a New Zealand citizen, to comply with any requirements prescribed for the purpose of confirming the person’s status as a New Zealand citizen:
                      1. to comply with any direction of an immigration officer to remain in the immigration control area or other prescribed place, or a specified part of the area or place:
                        1. to comply with any other directions of an immigration officer while in an immigration control area.

                          1. However, the obligation in subsection (1)(e) does not apply if the person, before arriving in New Zealand, has already complied with those requirements in accordance with section 99.

                          2. If a member of a mass arrival group does not comply with subsection (1)(daa), the person must be treated as if they have applied for a visa and entry permission on the person’s first presentation to an immigration officer.

                          3. Where a person arriving in New Zealand is, by reason of age or disability, incapable of complying with any of the requirements of subsection (1), it is the responsibility of the parent or guardian or other person for the time being having the care of that person to comply with those requirements on that person’s behalf.

                          4. Every passport or certificate of identity produced by a person to an immigration officer under this section—

                          5. must, if the person is a New Zealand citizen or is granted entry permission, be returned to the person before the person leaves the immigration control area; or
                            1. if the person is refused entry permission, may be retained by the immigration officer, but must be returned to the person on the person’s departure from New Zealand.

                              1. To avoid doubt, 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 must apply for entry permission in the prescribed manner.

                              Compare
                              Notes
                              • Section 103(1)(d)(iv): replaced, on , by section 29(1) of the Immigration Amendment Act 2015 (2015 No 48).
                              • Section 103(1)(daa): inserted, on , by section 6(1) of the Immigration (Mass Arrivals) Amendment Act 2024 (2024 No 17).
                              • Section 103(1)(da): inserted, on , by section 29(2) of the Immigration Amendment Act 2015 (2015 No 48).
                              • Section 103(2A): inserted, on , by section 6(2) of the Immigration (Mass Arrivals) Amendment Act 2024 (2024 No 17).