Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Arrivals and departures - Obligations on persons arriving in New Zealand

104: New Zealand citizens arriving in New Zealand to be photographed

You could also call this:

“New Zealand citizens must have a photo taken when arriving in the country”

When you arrive in New Zealand as a New Zealand citizen, you need to let someone take your photo. This applies if you’re using a New Zealand passport, a foreign passport with a special mark, or a foreign passport with a returning resident’s visa.

The photo is used to check that you’re really a New Zealand citizen. It might be compared with the photo in your passport or with information held by the government department that deals with passports.

If the photo confirms you’re a New Zealand citizen, the Immigration Department won’t keep it. But if it doesn’t confirm this, they might keep the photo to help them manage immigration.

You don’t have to have your photo taken if you’ve already had one taken before arriving in New Zealand, as described in section 99.

This photo requirement is in addition to other rules about arriving in New Zealand, but there might be some exceptions to this rule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440739.

Topics:
Immigration and citizenship > Border control
Government and voting > Government departments
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103: Obligations on persons arriving in New Zealand, or

“Rules for entering New Zealand from overseas”

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Part 4 Arrivals and departures
Obligations on persons arriving in New Zealand

104New Zealand citizens arriving in New Zealand to be photographed

  1. Subsection (2) applies to a person who—

  2. arrives in New Zealand; and
    1. is entering New Zealand as a New Zealand citizen; and
      1. presents one of the following types of passport:
        1. a New Zealand passport; or
          1. a foreign passport containing an endorsement of a type described in section 384; or
            1. a foreign passport containing a returning resident's visa (within the meaning of section 2(1) of the former Act).

            2. The person must allow himself or herself to be photographed to confirm his or her New Zealand citizenship.

            3. A photograph taken under subsection (2) (including any electronic record of the photograph) may be compared with—

            4. information in the person's passport; or
              1. information held by the department of State for the time being responsible for the administration of the Passports Act 1992; or
                1. if the person does not hold a New Zealand passport, information held by the Department.

                  1. A photograph taken under subsection (2) must not be retained by the Department if the fact of the person’s New Zealand citizenship is confirmed.

                  2. A photograph taken under subsection (2) that does not confirm the fact of the person’s New Zealand citizenship may be retained for the purposes of administering this Act.

                  3. The obligation in subsection (2)—

                  4. is in addition to any requirements prescribed for the purposes of section 103(1)(e) that may apply; but
                    1. is subject to any prescribed exemptions made in accordance with section 402(l).

                      1. However, the obligation in subsection (2) does not apply if the person, before arriving in New Zealand, has already allowed himself or herself to be photographed in accordance with section 99.

                      Notes
                      • Section 104: not yet in force.