Immigration Act 2009

Offences, penalties, and proceedings - Offences

345: Improper dealings with immigration or identity documents

You could also call this:

“Misusing or sharing immigration or identity documents is illegal”

You can break the law if you misuse immigration or identity documents, both in New Zealand and overseas. This includes using someone else’s document as if it were your own, or using a fake or fraudulently obtained document.

You can also break the law if you give your immigration or identity document to someone else, knowing they might use it wrongly or pass it on to others. Even if you don’t know exactly what they’ll do with it, it’s still against the law.

It’s also illegal to give your document to someone else if you intend for them to use it wrongly or give it to others, even if you’re not sure exactly what they’ll do with it.

The law defines immigration or identity documents as passports, identity certificates, passport endorsements as described in section 384, visa evidence, invitations to apply for a visa, citizenship certificates, or anything that looks like these documents.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2391042.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law

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344: Obstruction or failing to meet requirements, or

“Consequences for obstructing immigration officers or failing to follow requirements”


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346: Impersonation, or

“It's illegal to pretend to be an immigration or refugee officer”

Part 10 Offences, penalties, and proceedings
Offences

345Improper dealings with immigration or identity documents

  1. Every person commits an offence against this Act who, whether in or outside New Zealand, produces, surrenders, or passes off an immigration or identity document—

  2. as relating to the person when in fact, to the person's knowledge, the document relates to some other person; or
    1. knowing the document to be forged or to have been obtained fraudulently.
      1. Every person commits an offence against this Act who, whether in or outside New Zealand, sells, hires, lends, gives, or otherwise disposes of an immigration or identity document relating to the person to any other person (the receiver) knowing that the receiver intends to do 1 or more of the following (but without necessarily knowing which of the following the receiver will do):

      2. produce it or pass it off as relating to the receiver or some other person; or
        1. sell, hire, lend, give, or otherwise dispose of it.
          1. Every person commits an offence against this Act who, whether in or outside New Zealand, sells, hires, lends, gives, or otherwise disposes of an immigration or identity document relating to the person to any other person (the receiver) intending the receiver to do 1 or more of the following (but without necessarily intending which of the following the receiver will do):

          2. produce it or pass it off as relating to the receiver or some other person; or
            1. sell, hire, lend, give, or otherwise dispose of it.
              1. In this section, immigration or identity document means—

              2. a passport; or
                1. a certificate of identity; or
                  1. an endorsement in a passport of the type described in section 384; or
                    1. evidence of a visa; or
                      1. an invitation to apply for a visa; or
                        1. a certificate of citizenship; or
                          1. anything purporting to be a document described in any of paragraphs (a) to (f).
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