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392: Relationship between this Act and Human Rights Act 1993
or “How this Act works with human rights laws for immigration matters”
You could also call this:

“How fees are set and charged for immigration services”

You can be charged fees for different things related to immigration. These fees can be set for any service or matter under the Immigration Act. This includes processing applications, requests, or appeals, whether they are formal or not. Fees can be charged even if you are already paying for another part of the same process.

The rules about fees can say how you should pay them. They can also say who you should pay - sometimes it might be a third party instead of the Immigration Department. In some cases, third parties might have to pay fees too, if they need certain approvals related to visas or entry permissions.

Fees can be different for different people or groups. They might change based on how urgent the service is, where it’s provided, or how it’s provided. The amount can also depend on how much work is needed or who is getting the service.

The government can set fees in a way that covers all the costs involved, even if those costs aren’t directly related to your specific case. You might have to pay the fee before, during, or after you get the service.

For services outside New Zealand, fees might be set in New Zealand dollars or another currency. If it’s in New Zealand dollars, the Immigration Department will decide how to convert it to other currencies.

Sometimes, you might only be allowed to pay in New Zealand dollars. All the fees collected go into a special bank account for the department.

It’s important to know that if you’re asking for refugee status or protection status, you won’t have to pay fees for anything related to that process.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 394: Other charges

or “Fees for additional immigration services not covered elsewhere in the Act”
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Part 11 Miscellaneous provisions
Fees, bonds, levies, etc

393Fees and how they may be prescribed for purposes of section 400

  1. Without limiting the power to prescribe fees set out in section 400,—

  2. fees may be prescribed under that section in relation to any matter or service under or arising from this Act,—
    1. whether it be the acceptance for processing of, the processing of, or the decision on any application, request, or appeal:
      1. whether or not it relates to a formal process:
        1. whether or not any other fee is payable in respect of some other aspect of the same matter:
          1. whether or not it relates to a visa, special direction, waiver, or other exercise of powers under this Act:
          2. the regulations may prescribe any manner in which fees may or may not be payable:
            1. the regulations may prescribe to whom the fees or charges are payable and, in the case of any fees or charges payable to the Department, may provide for, or allow, the fee or charge to be payable to a third person on behalf of the Department:
              1. the regulations may prescribe fees payable by a third party (not being an applicant for, or a holder of, a visa or entry permission) in connection with a status or approval that, under the immigration instructions, the third party requires, or wishes to obtain or keep, where that status or approval is relevant to applicants for a visa or entry permission.

                1. Fees may apply to an individual person or application, or to a group of persons or applications, or otherwise.

                2. Fees may not be imposed on claimants for any matter relating to refugee status or protection status.

                3. Fees may be prescribed in a way, or at a level or levels, or using 1 or more methods of calculation, that reflects the variable nature of the costs or potential costs that give rise to the need for each fee, and the range of factors that influence those costs.

                4. Without limiting subsection (4), the fees prescribed may—

                5. differ depending on whether a special or urgent service is provided:
                  1. include more than 1 level of fee for the same service provided in different ways, or provided in or in respect of different places:
                    1. differ for otherwise similar services provided in different ways:
                      1. differ for otherwise similar services provided to different categories of person:
                        1. differ depending on the amount of service required or the components of the service required for the particular person or class of person:
                          1. differ depending on whether a group of people (including a family group) is requesting or obtaining the services in question:
                            1. differ depending on whether an agent is used to deliver or help deliver the service concerned.

                              1. Without limiting the way in which fees may be set, a fee may be set at a level or in a way that—

                              2. is determined by calculations that involve an averaging of costs or potential costs:
                                1. takes into account costs or potential costs of services that are not to be provided directly to the person who pays the fee but that are an indirect or potential cost arising from the delivery of the service in question to a class of persons or all persons who use the service.

                                  1. A fee is payable at the time prescribed in respect of a particular service, whether that time is before, during, or after completion of the relevant service.

                                  2. In the case of services to be provided outside New Zealand or in respect of a person outside New Zealand,—

                                  3. a fee may be set in New Zealand dollars or in a foreign currency; and
                                    1. if the fee is set in New Zealand dollars, the method of determining the amount payable at any time in currency other than New Zealand dollars is to be determined by the chief executive.

                                      1. A fee may also be required by the regulations in question to be paid in New Zealand dollars only.

                                      2. All fees prescribed under this Act and received by the Department or any other government department must be paid into a Departmental Bank Account.

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                                      Notes
                                      • Section 393(1)(d): inserted, on , by section 99(1) of the Immigration Amendment Act 2015 (2015 No 48).
                                      • Section 393(10): amended, on , by section 99(2) of the Immigration Amendment Act 2015 (2015 No 48).