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Immigration Act 2009

Repeals, transitional provisions, saving provisions, and related matters - Transitional and savings provisions - Government immigration and residence policy

409: Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions

You could also call this:

“Old immigration and residence rules become new instructions under the Immigration Act 2009”

When the new Immigration Act 2009 starts, the old rules about immigration and living in New Zealand will change into new instructions. These instructions will work the same way as the old rules, but they’ll fit with the new law.

The old rules about temporary visas and permits will become new instructions for temporary entry. This includes rules about residence visas and permits too.

The old rules about transit visas will become new instructions for transit.

The old rules about living in New Zealand will become new instructions for residence.

When you read these new instructions, remember that:

  • When they talk about a visa, they mean a visa that lets you travel to New Zealand.
  • When they talk about a permit, they mean two things: a visa that lets you stay in New Zealand, and permission to enter New Zealand.

These changes will help make sure the old rules still work with the new 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=DLM1441352.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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410: Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 412 applies, or

“Old visa application expiry rules still apply to applications made before new law”

Part 12 Repeals, transitional provisions, saving provisions, and related matters
Transitional and savings provisions: Government immigration and residence policy

409Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions

  1. On and from the commencement of section 404 of this Act, Government immigration policy published under section 13A of the former Act that is in force immediately before that commencement must be treated as immigration instructions for the purposes of this Act, and this Act applies accordingly with any necessary modifications.

  2. On and from the commencement of section 404 of this Act, Government immigration policy published under section 13A of the former Act and relating to the issue of temporary visas or limited purpose visas, or the granting of temporary permits or limited purpose permits, that is in force immediately before that commencement must be treated as temporary entry instructions for the purposes of this Act, and this Act applies accordingly with any necessary modifications.

  3. Subsection (2) applies regardless of whether the policy would affect eligibility for, or otherwise relate to, the issuing of a residence visa or the granting of a residence permit.

  4. On and from the commencement of section 404 of this Act, Government immigration policy published under section 13A of the former Act and relating to the issue of transit visas that is in force immediately before that commencement must be treated as transit instructions, and this Act applies accordingly with any necessary modifications.

  5. On and from the commencement of section 404 of this Act, Government residence policy under section 13B of the former Act that is in force immediately before that commencement must be treated as residence instructions for the purposes of this Act, and this Act applies accordingly with any necessary modifications.

  6. Without limiting subsections (1) to (5),—

  7. a reference to a visa in Government immigration policy or Government residence policy to which this section applies must be read as a reference to a visa that allows the person to travel to New Zealand; and
    1. a reference to a permit in Government immigration policy or Government residence policy to which this section applies must be read as a reference—
      1. to a visa that allows a person to stay in New Zealand; and
        1. to the grant of entry permission in relation to the person.