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Immigration Act 2009

Miscellaneous provisions - Regulations

400: Regulations generally

You could also call this:

“Rules for immigration, entry, and related processes in New Zealand”

The Governor-General can make rules about immigration. These rules can cover many things:

You might need to apply for visas in a certain way. Sometimes, you may have to apply online.

The rules can also be about how you enter and leave New Zealand.

There are special rules for refugees to make sure New Zealand follows international agreements.

If you disagree with a decision, there are ways to ask for it to be looked at again.

You might need to pay fees for some things, but sometimes you don’t have to pay.

The rules say what happens if people break the law, like if a business brings people into the country illegally.

There are forms you need to fill out for different things.

If you break these rules, you might have to pay a fine of up to $5,000.

The rules can also say who doesn’t need to give their fingerprints or eye scans.

These rules are called ‘secondary legislation’. This means they are published in a special way so everyone can see them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441233.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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Part 11 Miscellaneous provisions
Regulations

400Regulations generally

  1. The Governor-General may, by Order in Council, make regulations for 1 or more of the following purposes:

  2. prescribing the manner of application and any procedural matters in relation to any applications for visas or other applications under this Act:
    1. providing that the chief executive may require that certain applications for visas must be made electronically, in which case the chief executive must maintain a list of such requirements and the regulations must prescribe how that list is to be publicly available:
      1. prescribing other matters in respect of visas or expressions of interest, including matters provided for in section 401:
        1. prescribing requirements and procedures in respect of arrivals in and departures from New Zealand, including matters provided for in section 402:
          1. prescribing procedures to be followed for the purposes of Part 5, or such other matters as are contemplated by or necessary for giving full effect to the Refugee Convention, including matters provided for in section 403:
            1. prescribing procedures and other matters in respect of reconsiderations, appeals, and reviews under Part 7:
              1. prescribing fees and charges in respect of any matters under this Act, and providing for exemptions from or refunds of any fees and charges, including matters provided for in sections 393 and 395:
                1. specifying the offences in this Act that are commercial craft infringement offences:
                  1. specifying the offences in this Act that are employment infringement offences:
                    1. setting the infringement fees payable in respect of infringement offences, which fees—
                      1. may differ for different infringement offences; and
                        1. may differ for different classes of person; and
                            2. prescribing forms for the purposes of this Act, including the form of infringement notices and infringement offence reminder notices:
                              1. prescribing offences in respect of the contravention of, or non-compliance with, any regulations made for the purposes of this Act, and the maximum amounts of fines that may be imposed in respect of those offences (which maximum amounts may not exceed $5,000):
                                1. providing for transitional and related matters, as provided in section 472:
                                  1. providing requirements, which may differ from the requirements of sections 386A to 387A, for the manner of service or giving of notices and other documents in specific situations or circumstances:
                                    1. exempting classes of persons from the requirement to allow biometric information to be collected from them:
                                      1. providing for such other matters as are contemplated by or necessary for giving effect to the provisions of this Act and for its due administration.

                                        1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                        Notes
                                        • Section 400(1)(ab): inserted, on , by section 103(1) of the Immigration Amendment Act 2015 (2015 No 48).
                                        • Section 400(1)(g): replaced, on , by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
                                        • Section 400(1)(ga): inserted, on , by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
                                        • Section 400(1)(h)(iii): repealed, on , by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
                                        • Section 400(1)(h)(iv): repealed, on , by section 13 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).
                                        • Section 400(1)(j): amended, on , by section 103(2) of the Immigration Amendment Act 2015 (2015 No 48).
                                        • Section 400(1)(ka): inserted, on , by section 103(3) of the Immigration Amendment Act 2015 (2015 No 48).
                                        • Section 400(1)(l): amended, on , by section 103(4) of the Immigration Amendment Act 2015 (2015 No 48).
                                        • Section 400(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).