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Immigration Act 2009

Miscellaneous provisions - Fees, bonds, levies, etc

394: Other charges

You could also call this:

“Fees for additional immigration services not covered elsewhere in the Act”

The Department can charge you for services related to immigration that are not already covered by fees in other parts of this Act. This doesn’t apply to services in immigration control areas.

The Department can charge for things like phone information services, mailing or moving your case between offices, providing written materials, hearing transcripts, access to websites, library services, and supplying lots of forms.

All the money from these charges goes into the Department’s bank account.

If a different department handles appeals, they can also charge for similar services related to the Immigration and Protection Tribunal.

The charges from the other department also go into their bank account.

These rules make sure the Department can recover costs for extra services while still providing some services for free as required by law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441225.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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393: Fees and how they may be prescribed for purposes of section 400, or

“How fees are set and charged for immigration services”

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395: Exemptions and refunds, or

“When fees might not be required or can be refunded for immigration”

Part 11 Miscellaneous provisions
Fees, bonds, levies, etc

394Other charges

  1. Nothing in section 393 or 396 prevents the Department from charging persons for any of the services the Department provides in relation to the administration of this Act, other than services to which a fee applies under the other provisions of this Act.

  2. Subsection (1) is subject to subsection (7).

  3. Without limiting subsection (1), and for the avoidance of doubt, the Department may—

  4. operate a telephone information service for which each caller pays according to their usage or on some averaged basis:
    1. charge persons for the cost of mailing or couriering information to them (including transcripts and recordings of hearings), or the cost of moving, at the person’s request, the administration of a matter relating to the person from one office of the Department to another:
      1. charge for the cost of written material, unless that material is required by any Act or by regulations made under this Act to be provided free of charge:
        1. charge for the cost of transcripts or recordings of hearings, unless that material is required by any Act to be provided free of charge:
          1. charge for access to any Internet site, or for information or services provided by any Internet site, operated by the Department:
            1. charge for access to any library or research services provided in relation to immigration, refugee, or protection matters:
              1. charge any person for services requested by (and provided to) that person in relation to immigration matters, other than services provided in an immigration control area:
                1. charge any person for the supply of forms to the person in quantity, where it is apparent that the forms are not for the person’s own personal use.

                  1. All such charges received by the Department must be paid into a Departmental Bank Account.

                  2. Nothing in subsection (1) or (3)(g) authorises the charging of any person who operates a place that is, or contains, an immigration control area for services provided in relation to immigration or refugee or protection matters.

                  3. Nothing in subsection (3)(g) affects the ability to recover costs under section 398.

                  4. If the Department is not the department referred to in clause 5 of Schedule 2, the department that is referred to in that clause may, in relation to appeals to or matters before the Tribunal,—

                  5. charge persons for the cost of mailing or couriering information to them (including information that is transcripts or recordings of hearings):
                    1. charge for the cost of transcripts and recordings of hearings, or copies of records and papers, of the Tribunal (unless the material is required by any enactment to be provided free of charge):
                      1. charge for access to any library or research services provided in relation to immigration, refugee, or protection matters:
                        1. charge a person for the supply of forms to the person in quantity, if it is apparent that the forms are not for the person's own personal use:
                          1. charge for the reasonable costs of providing any other service associated with an appeal or matter before the Tribunal.

                            1. All charges received by a department under subsection (7) must be paid into a Departmental Bank Account.

                            Compare
                            Notes
                            • Section 394(4): amended, on , by section 100(1) of the Immigration Amendment Act 2015 (2015 No 48).
                            • Section 394(8): amended, on , by section 100(2) of the Immigration Amendment Act 2015 (2015 No 48).