26 Oct IMMIGRATION ACT 2009: SUMMARY OF KEY CHANGES
Source: newzealand.govt.nz Immigration New Zealand.
The Immigration Act 2009 comes into effect from 29 November 2010. Until then the Immigration Act 1987 applies. People who hold a visa or permit, or have applied for a visa or permit, do not need to reapply.
The new Act modernises New Zealand’s immigration laws. However, it does not make major changes to the criteria under which people apply to travel to and stay in New Zealand.
Key changes are outlined as follows:
TERMINOLOGY CHANGES
The new Act uses the single term ‘visa’ for authority to travel to and stay in New Zealand. The terms ‘permit’ and ‘exemption’ will no longer be used.
Immigration ‘policy’ will be known as immigration ‘instructions’. This will more clearly distinguish the difference between high-level government policy and the criteria for determining immigration applications [‘instructions’).
The terms ‘residence permits’, ‘residence visas’ and ‘returning resident’s visas will be replaced by ‘resident visas’ and ‘permanent resident visas’ — but there is no change to existing categories or criteria for people wishing to settle in New Zealand.
For more information see the New terminology and concepts factsheet.
A NEW SPONSORSHIP SYSTEM
Sponsors of people coming to New Zealand will be responsible for all aspects of maintenance, accommodation and repatriation (or deportation) of the sponsored person. More specific criteria for sponsors are also being introduced. For temporary entry visas, this broader obligation will be in place for the whole time the sponsored person is in New Zealand. For resident visas, this obligation will be in place for a specific period.
Another change allows organisations (companies, charitable trusts and societies) and government agencies to sponsor individuals in some circumstances. These new categories of sponsors will be eligible to support visitor visas and also workto-residence and residence-from—work visas under the ‘talent’ category (arts, culture and sports).
For more information see the Sponsorship factsheet.
RETURNING RESIDENTS’ VISAS
Successful residence applicants will generally be granted a ‘resident visa’ with two years of ‘travel conditions’. This will allow: travel to New Zealand (if the holder is offshore); indefinite stay in New Zealand; and multiple re-entry to New Zealand within the validity of the resident visa travel conditions.
The term ‘returning resident’s visa’ (RRV) will no longer be used, however, current RRV holders do not need to do anything other than follow the conditions of their current visa or permit.
‘Permanent resident visas’ will replace indefinite RRVs and will allow the indefinite right to enter New Zealand.
The requirements to progress from a ‘resident visa’ to a ‘permanent resident visa’ will be similar to the current
requirements to progress from a ‘non-indefinite RRV’ to an ‘indefinite RRV’.
People who hold ‘residence visas’, ‘residence permits’ and ‘non- indefinite RRVs’ on 29 November 2010 will automatically be deemed to hold ‘resident visas’ with the appropriate travel conditions.
People who hold ‘indefinite RRVs’ on 29 November 2010 will automatically be deemed to hold ‘permanent resident visas’ with indefinite rights to enter New Zealand.
For more information see the Residence factsheet.
‘ENDORSEMENTS’ FOR NEW ZEALAND CITIZEN FOREIGN PASSPORTS
‘Endorsements’ will replace ‘returning resident’s visas’ for New Zealand citizens who wish to travel on a foreign passport.
For more information see the Endorsements in foreign passports for New Zealand citizens factsheet.
REFUGEES
The 2009 Act retains New Zealand’s commitment to the United Nations 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees.
In addition, the Act incorporates New Zealand’s immigration- related obligations under the United Nations Convention Against Torture (CAT) and International Covenant on Civil and Political Rights (ICCPR). This means ‘protected person’ claims under the CAT and ICCPR will be determined alongside refugee status claims.
There are also new provisions to manage potential abuses of New Zealand’s asylum process. These include declining to consider refugee status claims from people who create grounds for their claim by acting other than in good faith. Individuals may appeal this decision.
For more information see the Refugee and protection status determinations factsheet.
STREAMLINING APPEALS
The 2009 Act maintains existing appeal rights and sets up one independent body to hear appeals — the Immigration and Protection Tribunal (IPT), which will be administered by the Ministry of Justice. The IPT replaces the current Removal Review Authority, Residence Review Board, Refugee Status Appeals Authority and Deportation Review Tribunal.
Where there is more than one ground for appeal, for example, on facts and humanitarian grounds, both grounds must be lodged together.
For more information see the Appeals factsheet.
A NEW CLASSIFIED INFORMATION SYSTEM WITH SPECIAL SAFEGUARDS
Classified information relating to security or criminal conduct will be able to be used in decision making, if agreed by the Minister of Immigration. Special safeguards balance the right of the Government to use all available information in deciding who may travel to, enter and stay in New Zealand, and the rights of foreign nationals.
For more information see the Classified information factsheet.
STREAMLINING THE DEPORTATION PROCESS
The deportation process will be simplified to better balance efficiency with fairness. The terms ‘removal’ and ‘revocation’ will no longer be used, and instead, the single term ‘deportation’ will be used. People who are deported will be prohibited from re-entering New Zealand for two years, five years or permanently, depending on the seriousness of the situation.
For more information see the Deportation factsheet.
COMPLIANCE, DETENTION AND MONITORING
The 2009 Act establishes a flexible approach to monitoring and detaining foreign nationals who are considered to be a threat to the integrity of the immigration system or the security and safety of New Zealand. This includes arrest and detention by police for up to 96 hours and detention under a court-issued ‘warrant of commitment’ for up to 28 days.
The new Act provides immigration officers with powers that could previously only be carried out by Police or Customs officers on behalf of Immigration, for example, to enter and search planes or ships. Where the powers are new for immigration officers, they will be brought into force only when Cabinet is satisfied that the appropriate training and operating instructions have been developed, and that appropriate safeguards are in place.
For more information see the Powers of immigration officers factsheet.
BIOMETRICS AND INFORMATION SHARING
The Act also allows foreign nationals’ (not New Zealand citizens’) personal information, including biometric information, to be shared with some other agencies nationally and internationally to address immigration and identity fraud; and manage the safety and security of New Zealand. In addition, foreign national’s personal information can be shared with other New Zealand agencies to check eligibility for publicly- funded services (such as health services). The relevant provisions will only come into force once Cabinet is satisfied that robust procedures and processes are in place and that there is appropriate protection for individuals, consistent with the Privacy Act 1993.
For more information see the Collection, storage and use of biometric information factsheet.
EMPLOYER OBLIGATIONS
The 2009 Act narrows the ‘reasonable excuse’ defence for employing a foreign national not entitled to work in New Zealand. Employers will therefore need to check work entitlement more carefully than previously. To help speed up the employment process, the Department of Labour has set up an online system — called VisaView — to allow employers to check a job applicant’s entitlement to work and any conditions. The system is designed to be quick and easy to use, and to protect individual privacy.
For more information see the Employer obligations factsheet and VisaView pages on the Immigration New Zealand website.
EDUCATION
The 2009 Act increases penalties against education providers who fail to comply with their immigration obligations. However, providers of compulsory education will not be prosecuted for enrolling a child who is unlawfully in New Zealand.
For more information see the Education provisions factsheet.
AIRLINES
The 2009 Act will create an infringement system for airlines that fail to meet their immigration obligations. This will be similar to the Australian system, where airline compliance has increased. This provision is due to come into effect at a later date.
INTERIM VISAS
The 2009 Act will introduce a new ‘interim visa’. These may be granted if a foreign national has applied for a further temporary visa. This will maintain the individual’s lawful status in New Zealand while his or her application is being considered. This provision is due to come into effect in early 2011.
The 2009 Act enables specific biometric information to be collected, stored and used — for example, photographs, fingerprints and iris scans — to verify a foreign national’s identity.
Updated October 2010
DISCLAIMER
Every care has been taken to ensure the information in this factsheet is accurate. While the use of the information in this factsheet may assist you in your application, applications will be assessed by Immigration New Zealand according to the requirements of the Immigration Act 2009.