Immigration Act 2009
Summary of changes
These summaries explain recent changes to the law. They are generated by AI comparing versions of the legislation, so they might oversimplify, miss details, or get things wrong. Learn more about how we track these changes.
27 February 2026
- Updated definitions of 'airport' and 'chief executive' in section 4
- Introduced new exceptions to non-eligibility for visa or entry permission in section 17
- Allowed the Minister to make special directions to vary or cancel conditions on resident visas in sections 50 and 378
- Enabled the Minister to impose, vary, or cancel conditions on temporary entry class visas by special direction in sections 52 and 53
- Introduced new provisions for applications for visas, including waiver of prescribed requirements by special direction in section 57
- Updated eligibility criteria for onshore temporary visa holders in section 79
- Amended provisions related to warrants of commitment, including sections 116, 117, 316, 317, and 318
- Repealed section 320 and replaced references to it with section 324F in multiple provisions
- Updated provisions related to the release of persons on conditions, including sections 311, 322, 323, and 324F
- Introduced new offence against section 351A and updated penalty provisions in sections 161 and 355
- Amended provisions related to deportation liability, including sections 161 and 372
- Updated provisions related to powers of entry and search, including sections 286 and 277A
- Repealed provisions related to COVID-19 outbreak, including sections 403B and Schedule 6
- Introduced new provisions related to mass arrival groups, including sections 9A and 324A
- Updated provisions related to disclosure of information, including section 303A
- Amended provisions related to immigration levy, including section 399
- Updated schedules, including Schedules 1, 2, 3, 4, and 5
- Introduced transitional provisions, including new clause 6 in Schedule 1AA
Affected provisions
- 1: Convention Relating to the Status of Refugees Updated schedules, including Schedules 1, 2, 3, 4, and 5
- 1AA: Transitional, savings, and related provisions Introduced transitional provisions, including new clause 6 in Schedule 1AA
- 2: Provisions relating to Tribunal Updated schedules, including Schedules 1, 2, 3, 4, and 5
- 3: Enactments amended Updated schedules, including Schedules 1, 2, 3, 4, and 5
- 4: Interpretation Updated definitions of 'airport' and 'chief executive' in section 4
- 4: Regulations, rules, and orders amended Updated schedules, including Schedules 1, 2, 3, 4, and 5
- 5: Visas corresponding to visas and permits held under former Act Updated schedules, including Schedules 1, 2, 3, 4, and 5
- 6: Modifications of Act relating to COVID-19 outbreak Repealed provisions related to COVID-19 outbreak, including sections 403B and Schedule 6
- 9A: Meaning of mass arrival group Introduced new provisions related to mass arrival groups, including sections 9A and 324A
- 17: Exceptions to non-eligibility for visa or entry permission Introduced new exceptions to non-eligibility for visa or entry permission in section 17
- 50: Conditions on resident visas Allowed the Minister to make special directions to vary or cancel conditions on resident visas in sections 50 and 378
- 52: Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions) Enabled the Minister to impose, vary, or cancel conditions on temporary entry class visas by special direction in sections 52 and 53
- 53: Conditions on temporary entry class visas subject to restricted temporary entry instructions Enabled the Minister to impose, vary, or cancel conditions on temporary entry class visas by special direction in sections 52 and 53
- 57: Applications for visas Introduced new provisions for applications for visas, including waiver of prescribed requirements by special direction in section 57
- 79: Who may apply for temporary visa Updated eligibility criteria for onshore temporary visa holders in section 79
- 116: When section 115 ceases to apply to person Amended provisions related to warrants of commitment, including sections 116, 117, 316, 317, and 318
- 117: When turnaround ceases to apply to person remanded in custody or imprisoned Amended provisions related to warrants of commitment, including sections 116, 117, 316, 317, and 318
- 161: Deportation liability of residence class visa holder convicted of criminal offence Introduced new offence against section 351A and updated penalty provisions in sections 161 and 355; Amended provisions related to deportation liability, including sections 161 and 372
- 211: Effect of successful appeal against liability for deportation Repealed section 320 and replaced references to it with section 324F in multiple provisions
- 266: Appointment of special advocate for purposes of Part 9 proceedings Repealed section 320 and replaced references to it with section 324F in multiple provisions
- 277A: Powers of entry and search for employees on employers’ premises Updated provisions related to powers of entry and search, including sections 286 and 277A
- 286: Powers of entry and search relating to deportation Updated provisions related to powers of entry and search, including sections 286 and 277A
- 303A: Disclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security Updated provisions related to disclosure of information, including section 303A
- 311: Implications of liability to arrest and detention Updated provisions related to the release of persons on conditions, including sections 311, 322, 323, and 324F
- 316: Application for warrant of commitment Amended provisions related to warrants of commitment, including sections 116, 117, 316, 317, and 318
- 317: Decision on application for warrant of commitment (non-claimant) Amended provisions related to warrants of commitment, including sections 116, 117, 316, 317, and 318
- 318: Decision on application for warrant if threat or risk to security Amended provisions related to warrants of commitment, including sections 116, 117, 316, 317, and 318
- 320: Court may instead release person on conditions Repealed section 320 and replaced references to it with section 324F in multiple provisions
- 321: Special conditions where threat or risk to security Repealed section 320 and replaced references to it with section 324F in multiple provisions
- 322: Persons detained under warrant of commitment or released on conditions pending making of deportation order Repealed section 320 and replaced references to it with section 324F in multiple provisions; Updated provisions related to the release of persons on conditions, including sections 311, 322, 323, and 324F
- 323: Decisions on warrants of commitment where detention beyond 6 months Repealed section 320 and replaced references to it with section 324F in multiple provisions; Updated provisions related to the release of persons on conditions, including sections 311, 322, 323, and 324F
- 324: Review of warrant of commitment or release on conditions Repealed section 320 and replaced references to it with section 324F in multiple provisions
- 324A: Review of mass arrival warrant Repealed section 320 and replaced references to it with section 324F in multiple provisions; Introduced new provisions related to mass arrival groups, including sections 9A and 324A
- 324F: Release on conditions Updated provisions related to the release of persons on conditions, including sections 311, 322, 323, and 324F
- 326: Process for High Court to consider application Repealed section 320 and replaced references to it with section 324F in multiple provisions
- 336: Person being deported must be returned to custody or conditions reimposed if craft not available as planned Repealed section 320 and replaced references to it with section 324F in multiple provisions
- 340: Application of section 324F during epidemic Repealed section 320 and replaced references to it with section 324F in multiple provisions
- 355: Penalties: general Introduced new offence against section 351A and updated penalty provisions in sections 161 and 355
- 372: Time for filing charging document Amended provisions related to deportation liability, including sections 161 and 372
- 378: Special directions Allowed the Minister to make special directions to vary or cancel conditions on resident visas in sections 50 and 378
- 399: Immigration levy Amended provisions related to immigration levy, including section 399
- 403B: Modifications of Act relating to COVID-19 outbreak Repealed provisions related to COVID-19 outbreak, including sections 403B and Schedule 6
6 August 2025
- Provisions related to COVID-19 outbreak modifications have been repealed
- Provisions concerning information supply and entry permission revocation have been repealed
Affected provisions
- 6: Modifications of Act relating to COVID-19 outbreak Provisions related to COVID-19 outbreak modifications have been repealed
- 113A: Revocation of deemed entry permission Provisions concerning information supply and entry permission revocation have been repealed
- 297: Chief executive may supply information concerning specified fines defaulters to commercial carriers Provisions concerning information supply and entry permission revocation have been repealed
- 403B: Modifications of Act relating to COVID-19 outbreak Provisions related to COVID-19 outbreak modifications have been repealed
9 September 2025
- Repeal of provisions related to information sharing and COVID-19 modifications
Affected provisions
- 6: Modifications of Act relating to COVID-19 outbreak Repeal of provisions related to information sharing and COVID-19 modifications
- 297: Chief executive may supply information concerning specified fines defaulters to commercial carriers Repeal of provisions related to information sharing and COVID-19 modifications
25 December 2025
- Updated definitions of 'airport' and 'chief executive' in section 4
- Introduced new exceptions to non-eligibility for visa or entry permission in section 17
- Allowed the Minister to make special directions to vary or cancel conditions on resident visas in sections 50 and 378
- Enabled the Minister to impose, vary, or cancel conditions on temporary entry class visas by special direction in sections 52 and 53
- Permitted the Minister to waive prescribed requirements for applying for a visa by special direction in section 57
- Updated eligibility criteria for onshore temporary visa holders in section 79
- Prohibited a person whose residence class visa has been cancelled from applying for a residence class visa in section 71
- Replaced references to section 320 with section 324F in various sections
- Introduced new provisions regarding special directions, including extending temporary entry class visas and transit visas in section 378
- Delegated the Minister's power to make special directions under various sections of the Act in section 380
- Updated the requirements for operators of airports and ports to provide operating areas, accommodation, facilities, etc in section 385
- Expanded the categories of persons liable to pay the immigration levy and introduced requirements for the Minister to consider the impact of the levy in section 399
- Updated the Convention Relating to the Status of Refugees in Schedule 1
- Made minor formatting changes to Schedule 2
- Updated Schedule 3 to include new enactments and an empowering provision
- Added an empowering provision to Schedule 4
- Updated Schedule 5 to include empowering provision information and hyperlinks to relevant legislation
- Introduced a new provision to clarify the meaning of 'mass arrival group' in section 9A
- Amended the definition of 'specified employee' to include offences under section 351A in section 277A
- Updated the chief executive's annual report to include the number of persons charged with an offence under section 351A in section 277C
- Amended the definition of a specified agency to reflect the continuation of the Civil Aviation Authority of New Zealand in section 303A
- Introduced transitional provisions relating to persons released on conditions before the commencement date of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 in Schedule 1AA
- Updated Schedule 6 to include a reference to the empowering provision
- Updated provisions related to deportation liability, including the addition of new grounds for deportation liability in section 161 and the amendment of section 355
- Amended the time for filing charging documents in section 372
- Introduced new powers of entry and search relating to deportation in section 286
Affected provisions
- 1: Convention Relating to the Status of Refugees Updated the Convention Relating to the Status of Refugees in Schedule 1
- 1AA: Transitional, savings, and related provisions Introduced transitional provisions relating to persons released on conditions before the commencement date of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 in Schedule 1AA
- 2: Provisions relating to Tribunal Made minor formatting changes to Schedule 2
- 3: Enactments amended Updated Schedule 3 to include new enactments and an empowering provision
- 4: Interpretation Updated definitions of 'airport' and 'chief executive' in section 4
- 4: Regulations, rules, and orders amended Added an empowering provision to Schedule 4
- 5: Visas corresponding to visas and permits held under former Act Updated Schedule 5 to include empowering provision information and hyperlinks to relevant legislation
- 6: Modifications of Act relating to COVID-19 outbreak Updated Schedule 6 to include a reference to the empowering provision
- 9A: Meaning of mass arrival group Introduced a new provision to clarify the meaning of 'mass arrival group' in section 9A
- 17: Exceptions to non-eligibility for visa or entry permission Introduced new exceptions to non-eligibility for visa or entry permission in section 17
- 50: Conditions on resident visas Allowed the Minister to make special directions to vary or cancel conditions on resident visas in sections 50 and 378
- 52: Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions) Enabled the Minister to impose, vary, or cancel conditions on temporary entry class visas by special direction in sections 52 and 53
- 53: Conditions on temporary entry class visas subject to restricted temporary entry instructions Enabled the Minister to impose, vary, or cancel conditions on temporary entry class visas by special direction in sections 52 and 53
- 57: Applications for visas Permitted the Minister to waive prescribed requirements for applying for a visa by special direction in section 57
- 71: Who may apply for residence class visa Prohibited a person whose residence class visa has been cancelled from applying for a residence class visa in section 71
- 79: Who may apply for temporary visa Updated eligibility criteria for onshore temporary visa holders in section 79
- 161: Deportation liability of residence class visa holder convicted of criminal offence Updated provisions related to deportation liability, including the addition of new grounds for deportation liability in section 161 and the amendment of section 355
- 211: Effect of successful appeal against liability for deportation Replaced references to section 320 with section 324F in various sections
- 213: Effect of suspension Replaced references to section 320 with section 324F in various sections
- 266: Appointment of special advocate for purposes of Part 9 proceedings Replaced references to section 320 with section 324F in various sections
- 277A: Powers of entry and search for employees on employers’ premises Amended the definition of 'specified employee' to include offences under section 351A in section 277A
- 277C: Departmental annual report to record exercise of entry and search powers under section 277A Updated the chief executive's annual report to include the number of persons charged with an offence under section 351A in section 277C
- 286: Powers of entry and search relating to deportation Introduced new powers of entry and search relating to deportation in section 286
- 303A: Disclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security Amended the definition of a specified agency to reflect the continuation of the Civil Aviation Authority of New Zealand in section 303A
- 310: Purpose for which arrest and detention powers may be exercised Replaced references to section 320 with section 324F in various sections
- 311: Implications of liability to arrest and detention Replaced references to section 320 with section 324F in various sections
- 317: Decision on application for warrant of commitment (non-claimant) Replaced references to section 320 with section 324F in various sections
- 320: Court may instead release person on conditions Replaced references to section 320 with section 324F in various sections
- 321: Special conditions where threat or risk to security Replaced references to section 320 with section 324F in various sections
- 322: Persons detained under warrant of commitment or released on conditions pending making of deportation order Replaced references to section 320 with section 324F in various sections
- 323: Decisions on warrants of commitment where detention beyond 6 months Replaced references to section 320 with section 324F in various sections
- 324: Review of warrant of commitment or release on conditions Replaced references to section 320 with section 324F in various sections
- 324A: Review of mass arrival warrant Replaced references to section 320 with section 324F in various sections
- 326: Process for High Court to consider application Replaced references to section 320 with section 324F in various sections
- 336: Person being deported must be returned to custody or conditions reimposed if craft not available as planned Replaced references to section 320 with section 324F in various sections
- 340: Application of section 324F during epidemic Replaced references to section 320 with section 324F in various sections
- 355: Penalties: general Updated provisions related to deportation liability, including the addition of new grounds for deportation liability in section 161 and the amendment of section 355
- 372: Time for filing charging document Amended the time for filing charging documents in section 372
- 378: Special directions Allowed the Minister to make special directions to vary or cancel conditions on resident visas in sections 50 and 378; Introduced new provisions regarding special directions, including extending temporary entry class visas and transit visas in section 378
- 380: Delegation of Minister's powers Delegated the Minister's power to make special directions under various sections of the Act in section 380
- 385: Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc Updated the requirements for operators of airports and ports to provide operating areas, accommodation, facilities, etc in section 385
- 399: Immigration levy Expanded the categories of persons liable to pay the immigration levy and introduced requirements for the Minister to consider the impact of the levy in section 399