This page contains different parts of laws about Border control.
2: Commencement
3: Purpose
4: Interpretation
6: How periods of time to be calculated
7: Meaning of classified information and proceedings involving classified information
8: Meaning of granting visa or entry permission as result of administrative error
9: Meaning of unlawfully in New Zealand (in relation to person who is not New Zealand citizen)
10: Meaning of deported
11: Meaning of absolute discretion of the decision maker
12: Act binds the Crown
13: New Zealand citizens may enter and be in New Zealand at any time
14: Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand
15: Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand
16: Certain other persons not eligible for visa or entry permission
17: Exceptions to non-eligibility for visa or entry permission
18: Obligation of persons unlawfully in New Zealand to leave New Zealand
19: Duty of chief executive to communicate obligation to leave New Zealand
20: No right for person unlawfully in New Zealand to apply for visa
21: No right for person unlawfully in New Zealand to work or study
22: Immigration instructions
23: Immigration instructions classified as residence instructions, temporary entry instructions, or transit instructions
25: Publication of immigration instructions
26: How claims and applications for visas and entry permission processed
27: Reasons for decisions must be given if visa or entry permission refused to certain persons
28: Automated decision making in relation to visas, etc
29: Automated decision making in advance passenger processing
30: Use of biometric information in decision making
31: Collection and storage of biometric information
32: Department to undertake privacy impact assessment
33: Classified information relating to security or criminal conduct may be relied on in decision making
34: Minister may receive briefing
35: Protection of classified information
36: Classified information must be balanced
37: Withdrawal or updating of classified information
38: Summary of allegations to be developed
39: Reasons, etc, to be given where prejudicial decision made using classified information
40: Where classified information may be relied on without requirement for summary or reasons
41: Declassification of classified information
43: Effect of visa
45: Grant of visa generally matter of discretion
46: Grant of visa does not guarantee entry permission
49: Visas may be subject to conditions
52: Conditions on temporary entry class visas (other than those subject to restricted temporary entry instructions)
54: Conditions on transit visas
56: Visa holder must comply with conditions
57: Applications for visas
58: Obligation on applicant to inform of all relevant facts, including changed circumstances
60: Biometric information may be required from visa applicant
61: Grant of visa in special case
62: Form of visa
64: Cancellation of visa on triggering event
65: Cancellation of resident visa before holder first arrives in New Zealand as holder of visa
66: Cancellation of temporary entry class or transit visa by Minister or immigration officer
67: Cancellation of visa for administrative error
68: Grant of further visa where visa granted in error
69: Waiver of requirement for visa permitting travel to New Zealand in certain cases
70: Classes of visa
72: Decisions on applications for residence class visa
74: Currency and nature of resident visa
77: Currency and nature of temporary entry class visa
78: Deemed extension of temporary entry class visa expiring during epidemic
79: Who may apply for temporary visa
80: Interim visa
81: Who may apply for limited visa
82: Grant of limited visa rather than temporary visa applied for or held
83: Grant of limited visa in relation to criminal matters
85: Limitations and conditions on holders of limited visa
86: Who must obtain transit visa
88: Currency of transit visa
89: Limitations on holders of transit visa
90: Cancellation of transit visa
91: Expiry of transit period
93: Obligation to inform of all relevant facts, including changed circumstances
95: Issue of invitation to apply for visa matter of discretion
96: Carrier, and person in charge, of commercial craft to provide advance passenger processing information before departure
97: Chief executive may make decision about person boarding commercial craft for purpose of travelling to New Zealand
100: Collection of biometric information from proposed arrivals
101: Obligations in relation to craft en route to or arriving in New Zealand
102: Obligations of carriers, and persons in charge, of craft to provide information
103: Obligations on persons arriving in New Zealand
104: New Zealand citizens arriving in New Zealand to be photographed
105: Responsibilities of internationally ticketed passengers travelling by air within New Zealand
106: Responsibilities of domestic passengers travelling by air within New Zealand
107: Effect of entry permission or refusal of entry permission
108: Decisions on entry permission in relation to residence class visa holders
109: Decisions on entry permission in relation to temporary entry class visa holders
110: Applicant for entry permission to provide address
111: Collection of biometric information
112: Obligation to inform of all relevant facts, including changed circumstances
113: Revocation of entry permission for administrative error
114: Person failing to present and apply for entry permission
115: Arrest, detention, and turnaround of persons
116: When section 115 ceases to apply to person
117: When turnaround ceases to apply to person remanded in custody or imprisoned
118: Obligations of carriers, and persons in charge, of craft
119: Obligations of persons leaving New Zealand
120: Persons other than New Zealand citizens leaving New Zealand to allow biometric information to be collected
121: Persons deemed not to leave New Zealand in certain circumstances
122: Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control
123: Protection for carriers, and persons in charge, of craft
124: Purpose of Part
125: Refugee or protection status to be determined under this Act
126: Recognition of refugees selected outside New Zealand
129: Recognition as refugee
131: Recognition as protected person under Covenant on Civil and Political Rights
132: Claims not to be accepted from certain persons
133: How claim made
134: Whether to accept claim for consideration
135: Claimant responsible for establishing claim
136: How refugee and protection officer to determine claim
137: Matters to be determined by refugee and protection officer
139: Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts
140: Limitation on subsequent claims
142: Claim treated as withdrawn if claimant leaves New Zealand
143: Cessation of recognition as refugee or protected person
145: Cancellation of New Zealand citizen's recognition as refugee or protected person
146: Cancellation of person's recognition as refugee or protected person (other than New Zealand citizen)
147: Application to Tribunal for cancellation of New Zealand citizen's recognition as refugee or protected person
148: Procedures to be followed when refugee and protection officer making determination under section 143, 145, or 146
149: Powers of refugee and protection officers
150: Special provision relating to claimants granted temporary visas
151: Confidentiality to be maintained in respect of claimants, refugees, and protected persons
154: Deportation liability if person unlawfully in New Zealand
155: Deportation liability if person's visa granted in error
156: Deportation liability if visa held under false identity
157: Deportation liability of temporary entry class visa holder for cause
158: Deportation liability of residence class visa holder due to fraud, forgery, etc
159: Deportation liability of resident if visa conditions breached
160: Deportation liability of residence class visa holder if new information as to character becomes available
161: Deportation liability of residence class visa holder convicted of criminal offence
162: Deportation liability if refugee or protection status cancelled under section 146
163: Deportation liability of persons threatening security
164: Limitation on deportation of persons recognised or claiming recognition as refugee or protected person
165: Immigration officer must have regard to certain matters when dealing with claimants, refugees, or protected persons
166: Limitation on deportation of diplomats, etc
167: Period of deportation liability
168: Liability for deportation when person outside New Zealand
169: Effect of being liable for deportation
170: Deportation liability notice
171: Contents of deportation liability notice
172: Minister may cancel or suspend liability for deportation
174: Effect of suspension
175: Service of deportation order
176: Content of deportation order
178: Executing deportation order
179: Deported person may not enter New Zealand during period of prohibition on entry
180: Deported person may not enter New Zealand until costs of deportation repaid
181: Consequences for deported person if person enters or attempts to enter New Zealand during period of prohibition on entry
182: Minister may reduce or remove period of prohibition on entry
183: Interpretation
184: Purpose of Part
185: Right of reconsideration if onshore application for further temporary visa declined
186: Limited right of review in respect of temporary entry class visa decisions
187: Rights of appeal in relation to decisions concerning residence class visas
190: Procedure where appeal successful or Tribunal makes recommendation
191: No appeal or review rights in relation to invitations to apply
192: No appeal or review rights in relation to transit visas
194: Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims)
195: Right of appeal in relation to subsequent claims for refugee or protection status
196: Determination of appeal against decision declining to accept for consideration claim in light of international arrangement or agreement
199: After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts
200: Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person
201: Persons who may appeal to Tribunal on facts
202: Grounds for determining appeal on facts
204: Special process where refugee or protection status acquired through fraud, etc
205: Special process if refugee or protected person liable for deportation under section 161
206: Who may appeal to Tribunal on humanitarian grounds
210: Tribunal may order grant of visa on allowing appeal against liability for deportation
212: Tribunal may suspend liability for deportation on allowing humanitarian appeal
213: Effect of suspension
215: Tribunal may reduce or remove period of prohibited entry under deportation order
216: Tribunal may make order delaying deportation if appeal unsuccessful
217: Immigration and Protection Tribunal
227: Minister or Department is party to proceedings
231: Findings of credibility and fact
232: Tribunal may require provision of biometric information
233: When Tribunal must or may provide oral hearing
234: Decision on papers in other circumstances
238: Withdrawal of appeal or matter
239: Deemed withdrawal of certain appeals where person leaves New Zealand
242: Tribunal to approve summary of allegations
243: Matters to be considered by Tribunal
244: Tribunal may require mixture of closed and open hearings
247: Special provisions relating to judicial review
250: Certain appeals and review proceedings to be treated as priority fixture
252: Proceedings involving classified information may be heard only by nominated Judge
255: Appeal period where decision involving classified information to be appealed to Court of Appeal or Supreme Court
257: Priority or urgency to be afforded to proceedings involving classified information
258: Relevant agency entitled to be party to proceedings involving classified information
259: Obligation and powers of Tribunal and courts in relation to classified information
262: Restriction on appeal and review
263: Role of special advocates
266: Appointment of special advocate for purposes of Part 9 proceedings
267: Communication between special advocate and person to whom classified information relates
268: Protection of special advocates from liability
269: Tribunal or court may appoint counsel assisting the court
272: Purpose of Part
273: Meaning of information, document, register, list, etc, in sections 274, 276, 277, and 278
274: Certificate requiring production of address information
275: Persons required to provide access to address information
276: Powers of entry and inspection relating to records of accommodation providers
277: Powers of entry and inspection relating to records of employers
278: Powers of entry and inspection relating to records of education providers
279: Powers of immigration officer to require information and documents where offence suspected
280: Power of immigration officer to request information and documents where liability for deportation or turnaround suspected
281: Power to require information from person liable for deportation or turnaround
282: Immigration officer’s powers to enter immigration control area
283: Powers at border
284: Power of entry and search of craft
285: Power of entry and search at border place
286: Powers of entry and search relating to deportation
287: Special biometric information
288: Requirement to allow collection of biometric information and special biometric information
289: Application for order authorising collection of biometric information
290: Judge may authorise biometric information and special biometric information to be collected
291: Further applications for compulsion order
292: Immigration officer may have assistance
293: Police to have powers of immigration officers
294: Information matching to identify immigration status of person sentenced to imprisonment or community-based sentence
295: Information matching to locate person in serious default of payment of fine
296: No Crown liability to third parties for fines enforcement action
297: Chief executive may supply information concerning specified fines defaulters to commercial carriers
298: Information matching to verify social security benefit matters
299: Information matching to recover costs of visa holder's social security benefit from sponsor
301: Disclosure of immigration information to verify eligibility for publicly funded services
304: Disclosure of information to employers
305: Disclosure of information overseas
306: Information that may be disclosed under section 305
307: Purpose of Part
308: This Part code for detention and monitoring of person if detention and monitoring under this Act
309: Persons liable to arrest and detention
310: Purpose for which arrest and detention powers may be exercised
311: Implications of liability to arrest and detention
312: Limited power of detention for up to 4 hours
313: Initial period of detention without warrant
314: Persons arrested and detained pending making of deportation order
315: Person may instead agree to residence and reporting requirements
316: Application for warrant of commitment
317: Decision on application for warrant of commitment
318: Decision on application for warrant if threat or risk to security
319: Warrant of commitment
320: Court may instead release person on conditions
321: Special conditions where threat or risk to security
322: Persons detained under warrant of commitment or released on conditions pending making of deportation order
323: Decisions on warrants of commitment where detention beyond 6 months
324: Review of warrant of commitment or release on conditions
325: Consideration by High Court of application involving classified information
326: Process for High Court to consider application
327: Duties of detaining officers
328: Additional powers relating to detention by immigration officer
329: Arresting or detaining officer may seek assistance
330: Approval of premises for purpose of immigration detention
331: Form of custody of persons detained without warrant overnight
332: Form of custody of persons detained under warrant of commitment
333: Special provisions relating to custody
334: Additional provisions relating to custody in approved premises
335: Delivery of person into custody of immigration officer or police for purposes of deportation
336: Person being deported must be returned to custody or conditions reimposed if craft not available as planned
337: During epidemic District Court may deal with certain matters on basis of documents only
339: During epidemic certain warrants to have effect for 28 days
340: Application of section 320 during epidemic
341: Calculation of consecutive period of detention for purposes of section 323
342: Provision of false or misleading information
343: Aiding and abetting
344: Obstruction or failing to meet requirements
346: Impersonation
347: Publishing false or misleading information
349: Offences relating to carriers, and persons in charge, of craft
351: Exploitation of unlawful employees and temporary workers
355: Penalties: general
356: Penalties: carriers, and persons in charge, of craft
357: Penalties: employers
359: Interpretation
360: Infringement offences
361: Immigration officer may require information
362: When infringement notice may be issued
364: Payment of infringement fees
365: Revocation of infringement notice before payment made
366: Evidence in proceedings: certificates in relation to persons
367: Evidence in proceedings: certificates as to forms, documents, etc
368: Evidence in respect of matters occurring and documents executed outside New Zealand
369: Presumption that certificates duly authorised
370: Procedural provisions relating to offences
371: Presumption of authority
372: Time for filing charging document
374: Immigration status of persons whose status depends on immigration status of parent
375: Minors to have responsible adult to represent their interests
378: Special directions
379: Immigration officer to act in accordance with special direction
380: Delegation of Minister's powers
381: Chief executive may approve forms
382: Chief executive to designate immigration control areas
384: Endorsement in foreign passport
385: Certain operators of airports and ports to provide operating areas, accommodation, facilities, etc
386: Serving and giving notices, etc, to Minister and officers
387: Address for service
388: Designation of immigration officers
389: Immigration officers’ functions and powers
390: Designation of refugee and protection officers
391: Revocation or lapsing of designations
392: Relationship between this Act and Human Rights Act 1993
393: Fees and how they may be prescribed for purposes of section 400
394: Other charges
396: Imposition of bonds
397: Refund or forfeiture of bond
398: Costs of deportation or repatriation
399: Immigration levy
400: Regulations generally
401: Regulations relating to visas and expressions of interest
402: Regulations relating to procedures and requirements in relation to arrivals in and departures from New Zealand
403: Regulations in respect of refugee and protection matters
404: Immigration Act 1987 repealed
405: Regulations made under Immigration Act 1987 revoked
406: Consequential amendments and repeals
407: Immigration Act 1987 continues in relation to certain matters and for certain purposes
409: Government immigration and Government residence policy under sections 13A and 13B of former Act to be treated as immigration instructions
410: Government policy on lapsing of applications for visas and permits under former Act to be treated as immigration instructions for applications to which section 412 applies
411: General instructions given under section 13BA of former Act treated as general instructions under section 26(4) of this Act
412: Existing applications for visas and permits
413: Expressions of interest in residence under section 13D of former Act
414: Invitations to apply for residence under section 13E of former Act
415: Holder of visa or permit under former Act deemed to be holder of visa and (if applicable) granted entry permission under this Act
416: Returning resident's visa held by New Zealand citizen under former Act indication of entitlement
417: Persons exempt from holding permit under former Act deemed to be holders of temporary visa or resident visa
418: Responsibilities of carrier, and person in charge, of commercial craft before it departs from another country to travel to New Zealand
419: Decision by chief executive about person boarding craft for purpose of travelling to New Zealand
420: Information requirements for carrier, and person in charge, of commercial craft
421: Reporting obligations of carriers, and persons in charge, of craft leaving New Zealand
422: Obligations of carriers of craft leaving New Zealand to provide passage
423: Responsibilities of carrier, and person in charge, of craft en route to New Zealand
428: Certain persons who under section 129L of former Act cease to be recognised as refugee liable for deportation under this Act
429: Persons subject to section 129U of former Act
430: Person subject to section 128 or 128B of former Act
431: Deportation liability of residence class visa holder convicted of criminal offence
432: Revocation of permits, removal orders, and deportation orders
433: Permit granted prior to commencement of section 404 as result of administrative error
434: Liability for deportation in respect of visa deemed to be held under section 415 or 417 of this Act
435: Person released on conditions under former Act
436: Person subject to residence and reporting requirements under former Act
437: No deportation liability if deportation prohibited under former Act
438: Person subject to Part 4A of former Act
439: Certain persons deemed liable for arrest and detention under Part 9
440: Detention of person liable for turnaround
441: Detention of person beyond 6 months
442: Detention under former Act without warrant
443: Detention under former Act with warrant
444: Reconsiderations not determined before former Act repealed
445: Persons eligible for reconsideration before former Act repealed
446: Appeals not determined by appeals body (other than Refugee Status Appeals Authority) before former Act repealed
448: Appeals and matters not determined by Refugee Status Appeals Authority before former Act repealed
450: Appeals not determined by court before former Act repealed
451: Persons eligible to appeal to court before former Act repealed
453: No new appeal rights created
454: Arrangements under former Act for disclosure of immigration information
455: Offences
456: Offences by employers
457: Evidence in proceedings
458: Classified information
460: Special directions
461: Delegation of powers of Minister
462: Immigration officers
463: Immigration officers who may make and cancel removal orders under former Act
464: Acts or things done by immigration officer under former Act not required to be repeated
465: Exercise of certain powers by customs officers
468: Forms
469: Bonds imposed under former Act
470: Sponsorship under former Act
472: Transitional regulations
473: Transitional immigration instructions
474: Exercise of certain powers and functions before commencement of certain provisions of this Act
Schedule 1: Convention Relating to the Status of Refugees
Schedule 2: Provisions relating to Tribunal
Schedule 3: Enactments amended
Schedule 4: Regulations, rules, and orders amended
51: Application of Act to goods that are, or may be, exported to China
5: Notifications
42: No right of complaint to Inspector-General of Intelligence and Security
47: Grant of visa may be conditional on payment of bond
48: Grant of visa may be conditional on sponsorship
55: Condition that visa holder have sponsor
63: Expiry of visa
87: Transit visa may be granted as exception to immigration instructions
98: Grant of entry permission outside New Zealand
99: New Zealand citizen may confirm citizenship before arrival in New Zealand
153: Purpose of Part
177: Deportation order may be cancelled
211: Effect of successful appeal against liability for deportation
228: Information Tribunal may consider
251: Relationship with Senior Courts Act 2016
270: Tribunal or court may appoint special adviser
300: Information matching to determine eligibility or liability to pay for services
302: Disclosure of information to enable Department to check identity, character, and status
303: Disclosure of information to enable specified agencies to check identity and character
345: Improper dealings with immigration or identity documents
383: Chief executive may designate places outside New Zealand where entry permission may be granted
408: Appeals body members not entitled to compensation
447: Persons eligible to appeal to appeals body (other than Refugee Status Appeals Authority) before former Act repealed
466: Exercise of certain powers by Police
476: Cancellation of removal order
477: New section 141ABA inserted
Schedule 5: Visas corresponding to visas and permits held under former Act
209: Power of Commissioner to access arrival or departure information
334: Overseas companies to register under this Act
338: Use of name by overseas company
345: Application for registration
351: Application to transfer incorporation
7A: Extraterritorial jurisdiction in respect of certain offences with transnational aspects
98B: Terms used in sections 98C to 98F
98C: Smuggling migrants
98E: Aggravating factors
5: Interpretation
293A: Warrant to enter and search
9A: Meaning of mass arrival group
135A: Suspension of determination of claim
317A: Application for mass arrival warrant
317B: Decision on application for mass arrival warrant
317C: Variation of mass arrival warrant
317D: District Court may impose reporting requirements
317E: Application for further warrant of commitment in respect of mass arrival group
324A: Review of mass arrival warrant
109A: Form of entry permission
175A: Time when deportation order may be served
279A: Treatment of identity documents and other things
281A: Obligation of third parties to surrender identity documents
281B: Power of entry and search for identity documents
290A: Obtaining biometric information by compulsion
365A: How infringement notice may be served: carriers, and persons in charge, of craft
386A: Serving and giving notices, etc, to other people
387A: Contact address
387B: Departures from sections 386A to 387A
403A: Regulations made on recommendation of Minister
86A: Obligation of transit passenger
99: Overseas epidemics affecting visitors to New Zealand: Minister may give overseas epidemic management notice
100: Special assistance for visitors affected by overseas epidemics
219: General rule: benefit not payable while beneficiary absent from New Zealand
277A: Powers of entry and search for employees on employers’ premises
285A: Search of persons
277B: Department must review and report on entry and search powers under section 277A
277C: Departmental annual report to record exercise of entry and search powers under section 277A
325: Interpretation
326: Shipowner may enter and land goods in default of entry and landing by owner of goods
97A: Chief executive may make decision about person boarding commercial craft for purpose of travelling from New Zealand
303A: Disclosure of information to specified agencies for purposes of law enforcement, counter-terrorism, and security
303C: Requirements for agreements entered into under section 303, 303A, or 303B
303B: Direct access to information for purposes of law enforcement, counter-terrorism, and security
33: Importation of certain goods prohibited
399A: International visitor conservation and tourism levy
399B: International visitor conservation and tourism levy: consultation and review
11A: Transitional, savings, and related provisions
78A: Extension of temporary entry class visa by special direction
113A: Revocation of deemed entry permission
401A: Regulations relating to suspending ability to make applications for visas and expressions of interest
401B: Provisions relating to regulations made for purposes of section 401A
Schedule 1AA: Transitional, savings, and related provisions
403B: Modifications of Act relating to COVID-19 outbreak
Schedule 6: Modifications of Act relating to COVID-19 outbreak
294AAA: Obligation of immigration officer and Department not to disclose information
275A: Power to access employment documents
294AAB: Information sharing
359A: Employment infringement offence
362A: What infringement notice must contain
364A: Maximum fees for infringement offences
365B: How infringement notice may be served: employers
383A: Publication of names and information in respect of immigration offences
317AB: Limited period for decision on mass arrival warrant
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