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Immigration Act 2009

Schedule 1AA: Transitional, savings, and related provisions

You could also call this:

“Arrangements for moving between old and new immigration rules”

This schedule outlines transitional, savings, and related provisions for the Immigration Act 2009. It explains what happens to special directions made under the Immigration (COVID-19 Response) Amendment Act 2020 when those provisions are repealed. The special directions will be revoked, but certain actions taken before the repeal date will remain valid.

The schedule also covers how entry permission can be revoked within 72 hours of a person arriving in New Zealand, even if they arrived before the Amendment Act came into force. It clarifies that regulations suspending visa applications or expressions of interest don’t affect those submitted before the regulations came into force.

Additionally, the schedule addresses the remuneration of Tribunal members following the Remuneration Authority Legislation Act 2022, and explains how the power to access employment documents applies under the Worker Protection (Migrant and Other Employees) Act 2023. These provisions ensure a smooth transition between different versions of the law and clarify how new powers apply to existing situations.

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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.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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1AATransitional, savings, and related provisions

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by the Immigration (COVID-19 Response) Amendment Act 2020 and that is in force on the date when that provision is repealed (the repeal date) is revoked on that date.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).