343Aiding and abetting

1. Every person commits an offence against this Act who,—

2. for a material benefit, aids, abets, incites, counsels, or procures any other person to be or to remain unlawfully in New Zealand or to breach any condition of a visa granted to the other person; or
3. whether in or outside New Zealand, and whether or not the other person in fact enters New Zealand, aids, abets, incites, counsels, or procures any other person to unlawfully enter New Zealand,—
   1. knowing that the other person’s entry into New Zealand is or would be unlawful; or
   2. being reckless as to whether the other person’s entry into New Zealand is or would be unlawful; or
4. whether in or outside New Zealand, aids, abets, incites, counsels, or procures any other person to complete a document in a manner that the person aiding or assisting knows to be false or misleading in any particular, being a document required for the purposes of—
   1. section 98 or 103; or
   2. any application or request (whether by that person or by another person) for a visa or entry permission, or any expression of interest in a visa; or
   3. any request for variation, waiver, or cancellation of the conditions of a visa; or
   4. any appeal or application in the nature of an appeal to the Minister or the Tribunal; or
5. aids, abets, incites, counsels, or procures any other person to be or to remain unlawfully in New Zealand or to breach any condition of a visa granted to the other person under this Act.

6. In subsection (1)(a), for a material benefit has the same meaning as in section 2(1) of the Crimes Act 1961.

7. For the purposes of subsection (1)(b), a person unlawfully enters New Zealand if the person—

8. arrives in New Zealand in a manner that does not comply with section 103; or
9. arrives in New Zealand without holding a visa, if the person requires a visa to travel to New Zealand; or
10. arrives in New Zealand as the holder of a visa, or is granted a visa on arrival in New Zealand, but—
    1. the visa was or is granted in a false identity; or
    2. any of the information provided in relation to the person's application for the visa was fraudulent, forged, false, or misleading, or relevant information was concealed; or
11. is granted entry permission but—
    1. the entry permission was or is granted on the basis of a visa granted in a false identity; or
    2. any of the information provided in relation to the person's application for the entry permission was fraudulent, forged, false, or misleading, or relevant information was concealed; or
13. enters New Zealand in any other manner and, in doing so, does not comply with the requirements of this Act.

14. To avoid doubt, a person unlawfully enters New Zealand within the meaning of subsection (3) whether or not any action has been taken under this Act in relation to the visa or entry permission used by the person for the purpose of entering (for example, conviction of the person for procuring a visa by fraud or revocation of the person's entry permission).

Compare

• s 142(1)(ea), (eb), (ec), (f)

Notes

• Section 343(1)(b): amended, on 19 June 2013, by section 15(1) of the Immigration Amendment Act 2013 (2013 No 39).
• Section 343(3): inserted, on 19 June 2013, by section 15(2) of the Immigration Amendment Act 2013 (2013 No 39).
• Section 343(3)(c): replaced, on 7 May 2015, by section 83 of the Immigration Amendment Act 2015 (2015 No 48).
• Section 343(3)(d): replaced, on 7 May 2015, by section 83 of the Immigration Amendment Act 2015 (2015 No 48).
• Section 343(3)(e): repealed, on 7 May 2015, by section 83 of the Immigration Amendment Act 2015 (2015 No 48).
• Section 343(4): inserted, on 19 June 2013, by section 15(2) of the Immigration Amendment Act 2013 (2013 No 39).