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Immigration Act 2009

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

"Special rules to help when the immigration law changes"

Illustration for Immigration Act 2009

The Immigration Act 2009 has some special rules. You need to know about these rules if you are coming to New Zealand. They are called transitional, savings, and related provisions. Some of these rules are about visas and entry permission. If you had a special direction for your visa, it might be revoked. But some things will not change, like visa conditions or applications made before a certain date. There are also rules about pay for some people who work with immigration. Their pay will not change until new rules are made. Other rules are about employment documents and conditions for people released from detention. These rules are part of the Immigration Act 2009. They help make sure everything runs smoothly when the law changes. You can find more information about these rules in the Act itself, which is empowered by s 11A.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS347502.

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Topics:
Immigration and citizenship > VisasImmigration and citizenship > Border control
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1AATransitional, savings, and related provisions Empowered by s 11A

1Provisions relating to Immigration (COVID-19 Response) Amendment Act 2020

1Special directions

  1. Any special direction that is made under a provision of this Act inserted by the Immigration (COVID-19 Response) Amendment Act 2020 and that is in force on the date when that provision is repealed (the repeal date) is revoked on that date.

  2. However, the repeal of the provisions of this Act that were inserted by the Immigration (COVID-19 Response) Amendment Act 2020 and any revocation under subclause (1) do not affect—

  3. any visa condition imposed, varied, or cancelled under section 50(4A), 52(4A), or 53(4A) before the repeal date:
    1. any visa application made before the repeal date in accordance with a waiver of a prescribed requirement under section 57(3):
      1. any visa granted under section 61A before the repeal date:
        1. any extension of a visa under section 78A(1) or (2) by special direction made before the repeal date.

          Notes
          • Schedule 1AA clause 1: inserted, on , by section 17 of the Immigration (COVID-19 Response) Amendment Act 2020 (2020 No 15).

          2Transitional provision relating to revocation of deemed entry permission

          1. A person’s entry permission may be revoked in accordance with section 113A(5) within 72 hours of the person first arriving in New Zealand even if the person arrived in New Zealand before the date on which the Immigration (COVID-19 Response) Amendment Act 2020 came into force.

          Notes
          • Schedule 1AA clause 2: inserted, on , by section 17 of the Immigration (COVID-19 Response) Amendment Act 2020 (2020 No 15).

          3Suspension of ability to apply for visa or submit expression of interest does not affect existing applications or expressions of interest

          1. Nothing in regulations made under section 400 for the purpose in section 401A(1) applies to any application for a visa made, or an expression of interest submitted, before the regulations come into force.

          Notes
          • Schedule 1AA clause 3: inserted, on , by section 17 of the Immigration (COVID-19 Response) Amendment Act 2020 (2020 No 15).

          2Provision relating to Remuneration Authority Legislation Act 2022

          4Remuneration of deputy chair and other members of Tribunal

          1. A person who immediately before the commencement date held office as a deputy chair or other member of the Tribunal continues to be paid the same amount of remuneration and allowances that applied to that office immediately before that date, until new remuneration and allowances are determined by the Remuneration Authority under clause 4(2)(a) of Schedule 2.

          2. In this clause,—

            commencement date means the date on which the Remuneration Authority Legislation Act 2022 comes into force

              member of the Tribunal includes an acting member appointed under section 219A(1)(b).

              Notes
              • Schedule 1AA clause 4: inserted, on , by section 21(a) of the Remuneration Authority Legislation Act 2022 (2022 No 74).

              3Provision relating to Worker Protection (Migrant and Other Employees) Act 2023

              5Power to access employment documents

              1. The power in section 275A to require a document applies on and from the commencement of that section, even if the document was created before that commencement.

              Notes
              • Schedule 1AA clause 5: inserted, on , by section 12 of the Worker Protection (Migrant and Other Employees) Act 2023 (2023 No 36).

              4Provision relating to Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025

              6Persons released on conditions before commencement date

              1. This clause applies to any person who before the commencement date had been released under section 317(1)(b)(ii), 318(3)(b), 323(3), or 324A(6)(b) subject to conditions under section 320 (as it was before the commencement date).

              2. Subject to subclause (3), the conditions of release that applied to the person immediately before the commencement date are not affected by the amendments made to this Act by the amendment Act.

              3. Any variation of the conditions must be made under this Act as amended by the amendment Act.

              4. In this clause,—

                amendment Act means the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025

                  commencement date means the day after Royal assent.

                  Notes
                  • Schedule 1AA clause 6: inserted, on , by section 68 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).