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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.

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  • Provisions related to COVID-19 outbreak modifications have been repealed
  • Provisions concerning information supply and entry permission revocation have been repealed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

  1. 6: Modifications of Act relating to COVID-19 outbreak
    Provisions related to COVID-19 outbreak modifications have been repealed
  2. 113A: Revocation of deemed entry permission
    Provisions concerning information supply and entry permission revocation have been repealed
  3. 297: Chief executive may supply information concerning specified fines defaulters to commercial carriers
    Provisions concerning information supply and entry permission revocation have been repealed
  4. 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    Provisions related to COVID-19 outbreak modifications have been repealed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

  1. 6: Modifications of Act relating to COVID-19 outbreak
    Repeal of provisions related to information sharing and COVID-19 modifications
  2. 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. 1: Convention Relating to the Status of Refugees
    Updated the Convention Relating to the Status of Refugees in Schedule 1
  2. 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
  3. 2: Provisions relating to Tribunal
    Made minor formatting changes to Schedule 2
  4. 3: Enactments amended
    Updated Schedule 3 to include new enactments and an empowering provision
  5. 4: Interpretation
    Updated definitions of 'airport' and 'chief executive' in section 4
  6. 4: Regulations, rules, and orders amended
    Added an empowering provision to Schedule 4
  7. 5: Visas corresponding to visas and permits held under former Act
    Updated Schedule 5 to include empowering provision information and hyperlinks to relevant legislation
  8. 6: Modifications of Act relating to COVID-19 outbreak
    Updated Schedule 6 to include a reference to the empowering provision
  9. 9A: Meaning of mass arrival group
    Introduced a new provision to clarify the meaning of 'mass arrival group' in section 9A
  10. 17: Exceptions to non-eligibility for visa or entry permission
    Introduced new exceptions to non-eligibility for visa or entry permission in section 17
  11. 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
  12. 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
  13. 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
  14. 57: Applications for visas
    Permitted the Minister to waive prescribed requirements for applying for a visa by special direction in section 57
  15. 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
  16. 79: Who may apply for temporary visa
    Updated eligibility criteria for onshore temporary visa holders in section 79
  17. 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
  18. 211: Effect of successful appeal against liability for deportation
    Replaced references to section 320 with section 324F in various sections
  19. 213: Effect of suspension
    Replaced references to section 320 with section 324F in various sections
  20. 266: Appointment of special advocate for purposes of Part 9 proceedings
    Replaced references to section 320 with section 324F in various sections
  21. 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
  22. 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
  23. 286: Powers of entry and search relating to deportation
    Introduced new powers of entry and search relating to deportation in section 286
  24. 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
  25. 310: Purpose for which arrest and detention powers may be exercised
    Replaced references to section 320 with section 324F in various sections
  26. 311: Implications of liability to arrest and detention
    Replaced references to section 320 with section 324F in various sections
  27. 317: Decision on application for warrant of commitment
    Replaced references to section 320 with section 324F in various sections
  28. 320: Court may instead release person on conditions
    Replaced references to section 320 with section 324F in various sections
  29. 321: Special conditions where threat or risk to security
    Replaced references to section 320 with section 324F in various sections
  30. 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
  31. 323: Decisions on warrants of commitment where detention beyond 6 months
    Replaced references to section 320 with section 324F in various sections
  32. 324: Review of warrant of commitment or release on conditions
    Replaced references to section 320 with section 324F in various sections
  33. 324A: Review of mass arrival warrant
    Replaced references to section 320 with section 324F in various sections
  34. 326: Process for High Court to consider application
    Replaced references to section 320 with section 324F in various sections
  35. 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
  36. 340: Application of section 324F during epidemic
    Replaced references to section 320 with section 324F in various sections
  37. 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
  38. 372: Time for filing charging document
    Amended the time for filing charging documents in section 372
  39. 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
  40. 380: Delegation of Minister's powers
    Delegated the Minister's power to make special directions under various sections of the Act in section 380
  41. 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
  42. 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