Immigration (Enhanced Risk Management) Amendment Bill

4 Interpretation In this Act, unless the context otherwise requires,- absolute discretion has the meaning given to it in section 11 address for service has the meaning given to it by section 387 administrative error, in relation to the granting of a visa or entry permission, has the meaning given to it in section 8 airport means an aerodrome as defined in section 5 of the Civil Aviation Act 2023 appeal on humanitarian grounds means an appeal to the Tribunal against liability for deportation on the grounds set out in section 207 appeal on the facts means an appeal against liability for deportation on a ground set out in section 202 appeals body means 1 or more of the following bodies established or continued under the former Act, as the case may be: (a) the Residence Review Board: (b) the Removal Review Authority: (c) the Refugee Status Appeals Authority: (d) the Deportation Review Tribunal approved system means a system, including an electronic system, approved by the chief executive for the purpose of- (a) providing information to the chief executive under section 96; or (b) giving notice under section 97(2) of a decision made under section 97(1); or (c) giving notice under section 97A(3) of a decision made under section 97A(1) arrival hall means a place licensed under section 59 of the Customs and Excise Act 2018 for the processing of persons arriving in New Zealand biometric information, in relation to a person, means information that comprises- (a) 1 or more of the following kinds of personal information: (i) a photograph of all or any part of the person's head and shoulders: (ii) impressions of the person's fingerprints: (iii) a scan of the person's irises; and (b) a record, whether physical or electronic, of the personal information that is capable of being used for biometric matching border requirement means a requirement, responsibility, or obligation under any of sections 103 to 106, 119, and 120 carrier, in relation to a craft,- (a) means the owner or charterer of the craft; and (b) if the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer; and (c) if there is no agent in New Zealand, includes the person in charge of the craft certificate of identity- (a) means a document (other than a passport) issued by the government of any country to any person for the purposes of facilitating that person's entry into or exit from any country, being a document that- (i) purports to establish the identity but not the nationality of that person; and (ii) confers on that person a right to enter the country whose government has issued the document; and (b) includes- (i) any emergency travel document or refugee travel document issued under the Passports Act 1992; and (ii) any travel document issued by any international organisation for the time being specified by the Minister for the purpose of this definition chief executive means- (a) the chief executive of the Department: (b) when used in relation to a relevant agency, the chief executive of that agency (including, where appropriate, the Commissioner of Police, the Chief of Defence Force, and the Director of Civil Aviation) claim means a claim by a person in New Zealand for recognition, as the case may be, as- (a) a refugee in New Zealand under the Refugee Convention: (b) a protected person in New Zealand under the Convention Against Torture: (c) a protected person in New Zealand under the Covenant on Civil and Political Rights claimant- (a) means a person who has made a claim; but (b) does not include a person whose claim has been finally determined (within the meaning of section 128) classified information has the meaning given to it by section 7(1) commercial craft means a craft that travels for a commercial purpose or as part of a commercial operation commercial craft infringement offence has the meaning given to it by section 359 compulsion order means an order made by a District Court Judge under section 290(1) requiring a person to allow the collection of specified biometric information from him or her compulsory education means education that is- (a) provided at any primary school, intermediate school, composite school, secondary school, or specialist school (within the meaning of the Education and Training Act 2020), whether at a State school, a private school, or an integrated school (within the meaning of section 10(1) of that Act); and (b) provided to a person at any time during the period beginning on the person's fifth birthday and ending on 1 January following the person's 19th birthday conditions include conditions precedent as well as conditions subsequent (whether imposed by an immigration officer, the Minister, or the Tribunal) conservation has the meaning given to it in section 2(1) of the Conservation Act 1987 contact address has the meaning given to it by section 387A Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984 counsel assisting the court means a person appointed as counsel assisting the court under section 269 course of study- (a) means- (i) any course of tuition or instruction for people entitled to free enrolment and education under section 33 of the Education and Training Act 2020, conducted by any primary school, intermediate school, composite school, secondary school, or specialist school, whether at a State school, a private school, or an integrated school (within the meaning of section 10(1) of that Act); and (ii) any other course of tuition or instruction conducted by any school, college, institute, university, or other body or person, and leading to any educational or vocational qualification the attainment of which by any person would be likely to enhance the employment prospects of that person, either generally or in respect of any particular profession or occupation; and (iii) in relation to any particular person, any other course of tuition or instruction if the undertaking of that course is the principal reason why that person wishes to be or is in New Zealand; but (b) does not include any course of tuition or instruction excluded, or excluded for a particular purpose, from this definition by immigration instructions Covenant on Civil and Political Rights means the International Covenant on Civil and Political Rights done at New York on 16 December 1966 craft means any form of aircraft, ship, or other vehicle or vessel capable of being or intended to be used to transport any person to or from New Zealand from or to any country outside New Zealand crew, in relation to a craft,- (a) means every person employed or engaged in working or providing a service in or on the craft; and (b) includes the person in charge of the craft customs officer has the meaning given to it by section 5(1) of the Customs and Excise Act 2018 Department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act departure hall means a place licensed under section 59 of the Customs and Excise Act 2018 for the processing of persons departing from New Zealand dependent child, in relation to any person, means a child under 18 years of age who is not married or in a civil union and who is dependent on that person, whether or not the child is a child of that person deportation liability notice means a notice that states the matters referred to in section 171, and, for the purposes of serving a notice, includes a copy of the notice deportation order means- (a) an order that contains the information described in section 176 and that, when served on a person in accordance with section 175, authorises the person's deportation to be executed: (b) an Order in Council made under section 163: (c) a copy of the order specified in paragraph (a) or (b) designated agency means the agency designated by the Prime Minister under section 264(1) for the purpose of recognising lawyers as special advocates disembarkation means the process of physically leaving a craft, whether onto land or otherwise dwelling has the meaning given in section 286(3) education provider means a provider of a course of study, and- (a) in relation to any institution controlled by a board constituted under subpart 5 of Part 3 of the Education and Training Act 2020, means that board: (b) in relation to any institution controlled by the chief executive of the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Education and Training Act 2020, means that chief executive: (c) in relation to any university, means the appropriate university council: (d) in any other case, means the institution, body, or person that or who is entitled to the fees payable by or on behalf of the persons undertaking the course, or that or who would be so entitled if any such fees were payable employee means a person who does work for an employer (whether under a contract of service or a contract for services) employer means a person who employs or engages a person to do work, whether under a contract of service or a contract for services employment infringement offence has the meaning given to it by section 359 entry permission is the permission that the following persons are required to obtain before being allowed to enter New Zealand: (a) a person who is not a New Zealand citizen: (b) a New Zealand citizen who is a national of 1 or more other countries and who wishes to enter New Zealand other than as a New Zealand citizen epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice excluded person means a person to whom section 15 or 16 applies exclusive economic zone of New Zealand has the same meaning as in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 execute, in relation to a deportation order, has the meaning described in section 178(2) first available craft means the first craft that is available to place a person on after they meet the following criteria: (a) the person is liable for deportation or turnaround; and (b) the person has- (i) applied for leave to bring judicial review proceedings within 28 days after being notified of the Tribunal's determination in respect of the decision or matter to which the review proceedings relate, or within any further time allowed by the High Court, but leave has been refused; or (ii) applied for leave to bring judicial review proceedings after the prescribed time; or (iii) not applied for leave to bring judicial review proceedings; and (c) the person has no further rights of appeal under this Act; and (d) there are no impediments to the deportation or turnaround of the person; and (e) the deportation or turnaround of the person from New Zealand will not contravene section 164 former Act means the Immigration Act 1987 government agency- (a) means- (i) a public service agency as defined in section 5 of the Public Service Act 2020; or (ii) a Crown entity (within the meaning of section 7(1) of the Crown Entities Act 2004); and (b) includes the New Zealand Police grant, in relation to any visa, or entry permission, includes the situation where this Act or any regulations made under this Act deems a grant of the relevant visa, or entry permission, to occur holder, in relation to a visa granted under this Act,- (a) means the person in respect of whom the visa is granted; but (b) does not include a person whose visa has expired or been cancelled immigration control area means an area or place designated as such under section 382 immigration instructions- (a) means immigration instructions certified under section 22; and (b) includes residence instructions, temporary entry instructions, and transit instructions immigration officer means an immigration officer designated under section 388, and includes the chief executive immigration status means the status of a person under this Act, being whether the person- (a) holds a visa and, if so, what class and type of visa the person holds, and any conditions of the visa; or (b) is- (i) lawfully in New Zealand and, if so, what class and type of visa the person holds, and any conditions of the visa; or (ii) unlawfully in New Zealand (within the meaning of section 9) imprisonment means any form of detention or custody whereby a person is deprived of liberty for a continuous period, including home detention, detention or custody in a psychiatric institution or hospital, and military custody; but does not include detention or custody under this Act infringement fee has the meaning given to it by section 359 infringement offence has the meaning given to it by section 359 international visitor conservation and tourism levy means a levy imposed by regulations under section 400 for the purposes of section 399A invitation to apply means an invitation to apply for a visa, as described in section 94 irregular entry into New Zealand includes, without limitation, entry into New Zealand by a person if- (a) the identity of the person is unknown; or (b) in the circumstances referred to in sections 317AA(3)(a) and 324E(6)(a), the person's identity has not been established to the satisfaction of a District Court Judge; or (c) the person has used false or fraudulently obtained documents, or other deceptive or fraudulent means, to gain entry; or (d) the person has failed to observe border control or other immigration formalities; or (e) the person has used a deceptive or clandestine method of entry (for example, as a stowaway or by entering outside of official points of entry, including closed or unauthorised entry points); or (f) the person has been assisted to enter by smugglers leave New Zealand means, except in the circumstances specified in section 121, leave New Zealand for a destination in another country mass arrival group has the meaning given to it by section 9A Minister, in relation to a provision of, or made under, this Act (or to such a provision for particular purposes), means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the provision (or for its administration for those purposes) New Zealand means any land territory within the territorial limits of New Zealand; and includes- (a) the internal waters of New Zealand (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977); and (b) the Ross Dependency (including any ice shelf); and (c) for the purposes of sections 21(a), 22(1)(c)(ii), 73(d), 74(1)(b)(ii), 77(4)(a), 277, 277A, and 382(1), the territorial sea of New Zealand; and (d) for the purposes of section 283(2)(a), the area of sea adjacent to New Zealand and bounded by the outer limits of the contiguous zone of New Zealand (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977) New Zealand citizen means a person who has New Zealand citizenship as provided in the Citizenship Act 1977 or the Citizenship (Western Samoa) Act 1982 onshore, in relation to an applicant for a visa, means that the applicant is in New Zealand other than in an immigration control area operator- (a) in relation to a port, means- (i) the owner of the port; or (ii) if the owner is not responsible for the operation or management of the port, the manager of the port or any other person who is, for the time being, responsible for the operation or management of the port: (b) in relation to an airport, means- (i) an airport authority within the meaning of the Airport Authorities Act 1966 that operates or manages the airport; and (ii) an airport operator registered under Part 7 of the Civil Aviation Act 2023 in relation to the airport out of hours has the meaning given in section 286(3) passenger, in relation to a craft,- (a) means a person, other than a member of the crew, who is carried in or on the craft with the consent of the carrier, or the person in charge, of the craft; but (b) for the purpose of any provision in this Act or secondary legislation made under this Act that deems certain passengers to hold a visa and to have been granted entry permission, does not include a person who is a member of a mass arrival group passport means a document that is issued by or on behalf of the government of any country and that is recognised by the Government of New Zealand as a passport, being a document that- (a) purports to establish the identity and nationality of the holder; and (b) confers on the holder the right to enter the country the government of which has issued the document; and (c) has not expired permanent resident means the holder of a permanent resident visa person in charge, in relation to a craft, means the master, captain, pilot in command, driver, or other person for the time being responsible for the craft personal service, in relation to any document or notice served or to be served on a person, means personal delivery of the document or notice to that person or, where the person refuses to accept the document or notice, the bringing of the document or notice to that person's attention port- (a) means any defined area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and (b) includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the port or its administration prescribed means prescribed by regulations made under this Act proceedings involving classified information has the meaning given to it in section 7(4) protected person means a person recognised as a protected person in New Zealand under section 130 or 131 refugee means a person recognised as a refugee in New Zealand under section 126 or 129 refugee and protection officer means a person designated under section 390 as a refugee and protection officer Refugee Convention- (a) means the United Nations Convention Relating to the Status of Refugees, done at Geneva on 28 July 1951; and (b) includes the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 registered post includes any postal or courier service where delivery to the address is recorded relevant agency, in relation to any classified information, means any of the following agencies that hold, were the source of, or were provided with, that classified information: (a) Aviation Security Service: (b) Civil Aviation Authority of New Zealand: (c) Department of Corrections: (d) Department of Internal Affairs: (e) Department of Labour: (f) Government Communications Security Bureau: (g) Maritime New Zealand: (h) Ministry of Agriculture and Forestry: (i) Ministry of Fisheries: (j) Ministry of Foreign Affairs and Trade: (k) New Zealand Customs Service: (l) New Zealand Defence Force: (m) New Zealand Police: (n) New Zealand Security Intelligence Service: (o) a government agency established in substitution for or set up to take over any function of a department or agency listed in paragraphs (a) to (n) residence class visa means a permanent resident visa or a resident visa residence instructions means immigration instructions certified under section 22 that relate to the grant of residence class visas resident means the holder of a resident visa responsible adult means the adult designated or nominated under section 375 restricted temporary entry instructions means temporary entry instructions that require, in relation to the type of visa to which the instructions relate, that any decision made on an application for that type of visa, or on an application for entry permission in relation to that type of visa, must be made in terms of the temporary entry instructions applicable at the time the application for the visa was made, and any discretion exercised must be in terms of those instructions review proceedings means proceedings- (a) by way of an application for review under the Judicial Review Procedure Act 2016; or (b) by way of an application for certiorari, mandamus, or prohibition; or (c) by way of an application for a declaratory judgment scheduled international service means a series of flights or voyages that are- (a) performed by a craft for the transport of passengers, cargo, or mail between New Zealand and 1 or more points in any other country or territory, if the flights or voyages are so regular or frequent as to constitute a systematic service, whether or not in accordance with a published timetable; and (b) operated in such a manner that each flight or voyage is open to use by members of the public security- (a) means- (i) the defence of New Zealand: (ii) the protection of New Zealand from acts of espionage, sabotage, and subversion, whether or not they are directed from or intended to be committed in New Zealand: (iii) the identification of foreign capabilities, intentions, or activities in or relating to New Zealand that affect adversely New Zealand's international well-being, reputation, or economic well-being: (iv) the protection of New Zealand from activities in or relating to New Zealand that- (A) are influenced by any foreign organisation or any foreign person; and (B) are clandestine or deceptive, or threaten the safety of any person; and (C) affect adversely New Zealand's international well-being, reputation, or economic well-being: (v) the prevention of any terrorist act and of any activity relating to the carrying out or facilitating of any terrorist act: (vi) the prevention, investigation, and detection of organised crime, including transnational organised crime; and (b) in an international security context, also includes the safety and stability of the international community, through co-operative measures such as international conventions and other arrangements or agreements between countries special adviser means a person appointed as a special adviser under section 270 special advocate means a lawyer recognised as a special advocate under section 264 special direction means a direction given by the Minister in accordance with section 378 stowaway means a person who is carried in or on a craft without the consent of the carrier, or the person in charge, of the craft study means undertake a course of study subsequent claim means a claim (of whatever kind) under Part 5 by a person who has previously made a claim of any kind under that Part (or under Part 6A of the former Act) that has been finally determined (within the meaning of section 128 of this Act or section 129B of the former Act, as the case may be) temporary entry class visa means a temporary visa, a limited visa, or an interim visa temporary entry instructions- (a) means immigration instructions that relate to the grant of temporary entry class visas; and (b) includes restricted temporary entry instructions territorial sea of New Zealand has the same meaning as in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 transit instructions means immigration instructions that relate to the grant of transit visas transit passenger means a person who arrives in New Zealand from another country while in transit to another overseas destination, not intending to enter or remain in New Zealand transit period means the period prescribed in accordance with section 401(d) for the purpose of section 86A travelling to New Zealand includes, but is not limited to, travelling to New Zealand from another country in transit to another destination outside New Zealand Tribunal means the Immigration and Protection Tribunal established by section 217 turnaround means to effect, under section 178(2), the departure from New Zealand of a person to whom section 115 applies, as if the person were a person who had been served with a deportation order unlawfully in New Zealand, in relation to a person, has the meaning given to it in section 9 visa- (a) means an entry in the records of the Department- (i) made in accordance with section 62; and (ii) having the effect set out in section 43; and (b) includes- (i) any visa of a class specified in section 70; and (ii) any visa deemed to be, or treated as being, held under this Act visa waiver means a waiver under section 69 of the requirement to hold a visa permitting travel to New Zealand warrant of commitment- (a) means a warrant of commitment issued under section 317, 317AA, 318, or 323; and (b) includes- (i) a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and (ii) a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group) work- (a) means any activity undertaken for gain or reward; but (b) does not include an activity excluded, or excluded for a particular purpose, from this definition by immigration instructions. immigration matter- means any matter arising under or concerning the application of this Act (including any regulations or immigration instructions made under it); and includes- an application or purported application for a residence class visa, temporary entry class visa, or transit visa: an expression of interest under section 92: a request for a special direction: a claim for recognition as a refugee or a protected person, and any related appeal or matter: a matter relating to immigration sponsorship: a matter relating to an immigration obligation: a matter relating to a person's liability for deportation: an appeal in relation to any matter described in paragraph (a)

4 Interpretation In this Act, unless the context otherwise requires,- absolute discretion has the meaning given to it in section 11 address for service has the meaning given to it by section 387 administrative error, in relation to the granting of a visa or entry permission, has the meaning given to it in section 8 airport means an aerodrome as defined in section 5 of the Civil Aviation Act 2023 appeal on humanitarian grounds means an appeal to the Tribunal against liability for deportation on the grounds set out in section 207 appeal on the facts means an appeal against liability for deportation on a ground set out in section 202 appeals body means 1 or more of the following bodies established or continued under the former Act, as the case may be: (a) the Residence Review Board: (b) the Removal Review Authority: (c) the Refugee Status Appeals Authority: (d) the Deportation Review Tribunal approved system means a system, including an electronic system, approved by the chief executive for the purpose of- (a) providing information to the chief executive under section 96; or (b) giving notice under section 97(2) of a decision made under section 97(1); or (c) giving notice under section 97A(3) of a decision made under section 97A(1) arrival hall means a place licensed under section 59 of the Customs and Excise Act 2018 for the processing of persons arriving in New Zealand biometric information, in relation to a person, means information that comprises- (a) 1 or more of the following kinds of personal information: (i) a photograph of all or any part of the person's head and shoulders: (ii) impressions of the person's fingerprints: (iii) a scan of the person's irises; and (b) a record, whether physical or electronic, of the personal information that is capable of being used for biometric matching border requirement means a requirement, responsibility, or obligation under any of sections 103 to 106, 119, and 120 carrier, in relation to a craft,- (a) means the owner or charterer of the craft; and (b) if the owner or charterer is not in New Zealand, includes the agent in New Zealand of the owner or charterer; and (c) if there is no agent in New Zealand, includes the person in charge of the craft certificate of identity- (a) means a document (other than a passport) issued by the government of any country to any person for the purposes of facilitating that person's entry into or exit from any country, being a document that- (i) purports to establish the identity but not the nationality of that person; and (ii) confers on that person a right to enter the country whose government has issued the document; and (b) includes- (i) any emergency travel document or refugee travel document issued under the Passports Act 1992; and (ii) any travel document issued by any international organisation for the time being specified by the Minister for the purpose of this definition chief executive means- (a) the chief executive of the Department: (b) when used in relation to a relevant agency, the chief executive of that agency (including, where appropriate, the Commissioner of Police, the Chief of Defence Force, and the Director of Civil Aviation) claim means a claim by a person in New Zealand for recognition, as the case may be, as- (a) a refugee in New Zealand under the Refugee Convention: (b) a protected person in New Zealand under the Convention Against Torture: (c) a protected person in New Zealand under the Covenant on Civil and Political Rights claimant- (a) means a person who has made a claim; but (b) does not include a person whose claim has been finally determined (within the meaning of section 128) classified information has the meaning given to it by section 7(1) commercial craft means a craft that travels for a commercial purpose or as part of a commercial operation commercial craft infringement offence has the meaning given to it by section 359 compulsion order means an order made by a District Court Judge under section 290(1) requiring a person to allow the collection of specified biometric information from him or her compulsory education means education that is- (a) provided at any primary school, intermediate school, composite school, secondary school, or specialist school (within the meaning of the Education and Training Act 2020), whether at a State school, a private school, or an integrated school (within the meaning of section 10(1) of that Act); and (b) provided to a person at any time during the period beginning on the person's fifth birthday and ending on 1 January following the person's 19th birthday conditions include conditions precedent as well as conditions subsequent (whether imposed by an immigration officer, the Minister, or the Tribunal) conservation has the meaning given to it in section 2(1) of the Conservation Act 1987 contact address has the meaning given to it by section 387A Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment done at New York on 10 December 1984 counsel assisting the court means a person appointed as counsel assisting the court under section 269 course of study- (a) means- (i) any course of tuition or instruction for people entitled to free enrolment and education under section 33 of the Education and Training Act 2020, conducted by any primary school, intermediate school, composite school, secondary school, or specialist school, whether at a State school, a private school, or an integrated school (within the meaning of section 10(1) of that Act); and (ii) any other course of tuition or instruction conducted by any school, college, institute, university, or other body or person, and leading to any educational or vocational qualification the attainment of which by any person would be likely to enhance the employment prospects of that person, either generally or in respect of any particular profession or occupation; and (iii) in relation to any particular person, any other course of tuition or instruction if the undertaking of that course is the principal reason why that person wishes to be or is in New Zealand; but (b) does not include any course of tuition or instruction excluded, or excluded for a particular purpose, from this definition by immigration instructions Covenant on Civil and Political Rights means the International Covenant on Civil and Political Rights done at New York on 16 December 1966 craft means any form of aircraft, ship, or other vehicle or vessel capable of being or intended to be used to transport any person to or from New Zealand from or to any country outside New Zealand crew, in relation to a craft,- (a) means every person employed or engaged in working or providing a service in or on the craft; and (b) includes the person in charge of the craft customs officer has the meaning given to it by section 5(1) of the Customs and Excise Act 2018 Department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act departure hall means a place licensed under section 59 of the Customs and Excise Act 2018 for the processing of persons departing from New Zealand dependent child, in relation to any person, means a child under 18 years of age who is not married or in a civil union and who is dependent on that person, whether or not the child is a child of that person deportation liability notice means a notice that states the matters referred to in section 171, and, for the purposes of serving a notice, includes a copy of the notice deportation order means- (a) an order that contains the information described in section 176 and that, when served on a person in accordance with section 175, authorises the person's deportation to be executed: (b) an Order in Council made under section 163: (c) a copy of the order specified in paragraph (a) or (b) designated agency means the agency designated by the Prime Minister under section 264(1) for the purpose of recognising lawyers as special advocates disembarkation means the process of physically leaving a craft, whether onto land or otherwise dwelling has the meaning given in section 286(3) education provider means a provider of a course of study, and- (a) in relation to any institution controlled by a board constituted under subpart 5 of Part 3 of the Education and Training Act 2020, means that board: (b) in relation to any institution controlled by the chief executive of the department of State that, with the authority of the Prime Minister, is responsible for the administration of the Education and Training Act 2020, means that chief executive: (c) in relation to any university, means the appropriate university council: (d) in any other case, means the institution, body, or person that or who is entitled to the fees payable by or on behalf of the persons undertaking the course, or that or who would be so entitled if any such fees were payable employee means a person who does work for an employer (whether under a contract of service or a contract for services) employer means a person who employs or engages a person to do work, whether under a contract of service or a contract for services employment infringement offence has the meaning given to it by section 359 entry permission is the permission that the following persons are required to obtain before being allowed to enter New Zealand: (a) a person who is not a New Zealand citizen: (b) a New Zealand citizen who is a national of 1 or more other countries and who wishes to enter New Zealand other than as a New Zealand citizen epidemic management notice means a notice under section 8(1) of the Epidemic Preparedness Act 2006 stating that the application of this Act is modified in order to deal with the practical effects of the outbreak of the disease referred to in the notice excluded person means a person to whom section 15 or 16 applies exclusive economic zone of New Zealand has the same meaning as in section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 execute, in relation to a deportation order, has the meaning described in section 178(2) first available craft means the first craft that is available to place a person on after they meet the following criteria: (a) the person is liable for deportation or turnaround; and (b) the person has- (i) applied for leave to bring judicial review proceedings within 28 days after being notified of the Tribunal's determination in respect of the decision or matter to which the review proceedings relate, or within any further time allowed by the High Court, but leave has been refused; or (ii) applied for leave to bring judicial review proceedings after the prescribed time; or (iii) not applied for leave to bring judicial review proceedings; and (c) the person has no further rights of appeal under this Act; and (d) there are no impediments to the deportation or turnaround of the person; and (e) the deportation or turnaround of the person from New Zealand will not contravene section 164 former Act means the Immigration Act 1987 government agency- (a) means- (i) a public service agency as defined in section 5 of the Public Service Act 2020; or (ii) a Crown entity (within the meaning of section 7(1) of the Crown Entities Act 2004); and (b) includes the New Zealand Police grant, in relation to any visa, or entry permission, includes the situation where this Act or any regulations made under this Act deems a grant of the relevant visa, or entry permission, to occur holder, in relation to a visa granted under this Act,- (a) means the person in respect of whom the visa is granted; but (b) does not include a person whose visa has expired or been cancelled immigration control area means an area or place designated as such under section 382 immigration instructions- (a) means immigration instructions certified under section 22; and (b) includes residence instructions, temporary entry instructions, and transit instructions immigration officer means an immigration officer designated under section 388, and includes the chief executive immigration status means the status of a person under this Act, being whether the person- (a) holds a visa and, if so, what class and type of visa the person holds, and any conditions of the visa; or (b) is- (i) lawfully in New Zealand and, if so, what class and type of visa the person holds, and any conditions of the visa; or (ii) unlawfully in New Zealand (within the meaning of section 9) imprisonment means any form of detention or custody whereby a person is deprived of liberty for a continuous period, including home detention, detention or custody in a psychiatric institution or hospital, and military custody; but does not include detention or custody under this Act infringement fee has the meaning given to it by section 359 infringement offence has the meaning given to it by section 359 international visitor conservation and tourism levy means a levy imposed by regulations under section 400 for the purposes of section 399A invitation to apply means an invitation to apply for a visa, as described in section 94 irregular entry into New Zealand includes, without limitation, entry into New Zealand by a person if- (a) the identity of the person is unknown; or (b) in the circumstances referred to in sections 317AA(3)(a) and 324E(6)(a), the person's identity has not been established to the satisfaction of a District Court Judge; or (c) the person has used false or fraudulently obtained documents, or other deceptive or fraudulent means, to gain entry; or (d) the person has failed to observe border control or other immigration formalities; or (e) the person has used a deceptive or clandestine method of entry (for example, as a stowaway or by entering outside of official points of entry, including closed or unauthorised entry points); or (f) the person has been assisted to enter by smugglers leave New Zealand means, except in the circumstances specified in section 121, leave New Zealand for a destination in another country mass arrival group has the meaning given to it by section 9A Minister, in relation to a provision of, or made under, this Act (or to such a provision for particular purposes), means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the provision (or for its administration for those purposes) New Zealand means any land territory within the territorial limits of New Zealand; and includes- (a) the internal waters of New Zealand (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977); and (b) the Ross Dependency (including any ice shelf); and (c) for the purposes of sections 21(a), 22(1)(c)(ii), 73(d), 74(1)(b)(ii), 77(4)(a), 277, 277A, and 382(1), the territorial sea of New Zealand; and (d) for the purposes of section 283(2)(a), the area of sea adjacent to New Zealand and bounded by the outer limits of the contiguous zone of New Zealand (as defined in section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977) New Zealand citizen means a person who has New Zealand citizenship as provided in the Citizenship Act 1977 or the Citizenship (Western Samoa) Act 1982 onshore, in relation to an applicant for a visa, means that the applicant is in New Zealand other than in an immigration control area operator- (a) in relation to a port, means- (i) the owner of the port; or (ii) if the owner is not responsible for the operation or management of the port, the manager of the port or any other person who is, for the time being, responsible for the operation or management of the port: (b) in relation to an airport, means- (i) an airport authority within the meaning of the Airport Authorities Act 1966 that operates or manages the airport; and (ii) an airport operator registered under Part 7 of the Civil Aviation Act 2023 in relation to the airport out of hours has the meaning given in section 286(3) passenger, in relation to a craft,- (a) means a person, other than a member of the crew, who is carried in or on the craft with the consent of the carrier, or the person in charge, of the craft; but (b) for the purpose of any provision in this Act or secondary legislation made under this Act that deems certain passengers to hold a visa and to have been granted entry permission, does not include a person who is a member of a mass arrival group passport means a document that is issued by or on behalf of the government of any country and that is recognised by the Government of New Zealand as a passport, being a document that- (a) purports to establish the identity and nationality of the holder; and (b) confers on the holder the right to enter the country the government of which has issued the document; and (c) has not expired permanent resident means the holder of a permanent resident visa person in charge, in relation to a craft, means the master, captain, pilot in command, driver, or other person for the time being responsible for the craft personal service, in relation to any document or notice served or to be served on a person, means personal delivery of the document or notice to that person or, where the person refuses to accept the document or notice, the bringing of the document or notice to that person's attention port- (a) means any defined area of land and water intended or designed to be used either wholly or partly for the berthing, departure, movement, and servicing of ships; and (b) includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the port or its administration prescribed means prescribed by regulations made under this Act proceedings involving classified information has the meaning given to it in section 7(4) protected person means a person recognised as a protected person in New Zealand under section 130 or 131 refugee means a person recognised as a refugee in New Zealand under section 126 or 129 refugee and protection officer means a person designated under section 390 as a refugee and protection officer Refugee Convention- (a) means the United Nations Convention Relating to the Status of Refugees, done at Geneva on 28 July 1951; and (b) includes the Protocol Relating to the Status of Refugees done at New York on 31 January 1967 registered post includes any postal or courier service where delivery to the address is recorded relevant agency, in relation to any classified information, means any of the following agencies that hold, were the source of, or were provided with, that classified information: (a) Aviation Security Service: (b) Civil Aviation Authority of New Zealand: (c) Department of Corrections: (d) Department of Internal Affairs: (e) Department of Labour: (f) Government Communications Security Bureau: (g) Maritime New Zealand: (h) Ministry of Agriculture and Forestry: (i) Ministry of Fisheries: (j) Ministry of Foreign Affairs and Trade: (k) New Zealand Customs Service: (l) New Zealand Defence Force: (m) New Zealand Police: (n) New Zealand Security Intelligence Service: (o) a government agency established in substitution for or set up to take over any function of a department or agency listed in paragraphs (a) to (n) residence class visa means a permanent resident visa or a resident visa residence instructions means immigration instructions certified under section 22 that relate to the grant of residence class visas resident means the holder of a resident visa responsible adult means the adult designated or nominated under section 375 restricted temporary entry instructions means temporary entry instructions that require, in relation to the type of visa to which the instructions relate, that any decision made on an application for that type of visa, or on an application for entry permission in relation to that type of visa, must be made in terms of the temporary entry instructions applicable at the time the application for the visa was made, and any discretion exercised must be in terms of those instructions review proceedings means proceedings- (a) by way of an application for review under the Judicial Review Procedure Act 2016; or (b) by way of an application for certiorari, mandamus, or prohibition; or (c) by way of an application for a declaratory judgment scheduled international service means a series of flights or voyages that are- (a) performed by a craft for the transport of passengers, cargo, or mail between New Zealand and 1 or more points in any other country or territory, if the flights or voyages are so regular or frequent as to constitute a systematic service, whether or not in accordance with a published timetable; and (b) operated in such a manner that each flight or voyage is open to use by members of the public security- (a) means- (i) the defence of New Zealand: (ii) the protection of New Zealand from acts of espionage, sabotage, and subversion, whether or not they are directed from or intended to be committed in New Zealand: (iii) the identification of foreign capabilities, intentions, or activities in or relating to New Zealand that affect adversely New Zealand's international well-being, reputation, or economic well-being: (iv) the protection of New Zealand from activities in or relating to New Zealand that- (A) are influenced by any foreign organisation or any foreign person; and (B) are clandestine or deceptive, or threaten the safety of any person; and (C) affect adversely New Zealand's international well-being, reputation, or economic well-being: (v) the prevention of any terrorist act and of any activity relating to the carrying out or facilitating of any terrorist act: (vi) the prevention, investigation, and detection of organised crime, including transnational organised crime; and (b) in an international security context, also includes the safety and stability of the international community, through co-operative measures such as international conventions and other arrangements or agreements between countries special adviser means a person appointed as a special adviser under section 270 special advocate means a lawyer recognised as a special advocate under section 264 special direction means a direction given by the Minister in accordance with section 378 stowaway means a person who is carried in or on a craft without the consent of the carrier, or the person in charge, of the craft study means undertake a course of study subsequent claim means a claim (of whatever kind) under Part 5 by a person who has previously made a claim of any kind under that Part (or under Part 6A of the former Act) that has been finally determined (within the meaning of section 128 of this Act or section 129B of the former Act, as the case may be) temporary entry class visa means a temporary visa, a limited visa, or an interim visa temporary entry instructions- (a) means immigration instructions that relate to the grant of temporary entry class visas; and (b) includes restricted temporary entry instructions territorial sea of New Zealand has the same meaning as in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 transit instructions means immigration instructions that relate to the grant of transit visas transit passenger means a person who arrives in New Zealand from another country while in transit to another overseas destination, not intending to enter or remain in New Zealand transit period means the period prescribed in accordance with section 401(d) for the purpose of section 86A travelling to New Zealand includes, but is not limited to, travelling to New Zealand from another country in transit to another destination outside New Zealand Tribunal means the Immigration and Protection Tribunal established by section 217 turnaround means to effect, under section 178(2), the departure from New Zealand of a person to whom section 115 applies, as if the person were a person who had been served with a deportation order unlawfully in New Zealand, in relation to a person, has the meaning given to it in section 9 visa- (a) means an entry in the records of the Department- (i) made in accordance with section 62; and (ii) having the effect set out in section 43; and (b) includes- (i) any visa of a class specified in section 70; and (ii) any visa deemed to be, or treated as being, held under this Act visa waiver means a waiver under section 69 of the requirement to hold a visa permitting travel to New Zealand warrant of commitment- (a) means a warrant of commitment issued under section 317, 317AA, 318, or 323; and (b) includes- (i) a mass arrival warrant issued under section 317B (in respect of all or specified members of a mass arrival group); and (ii) a further warrant of commitment issued under section 317E(1)(a) (in respect of all or specified members of a mass arrival group) work- (a) means any activity undertaken for gain or reward; but (b) does not include an activity excluded, or excluded for a particular purpose, from this definition by immigration instructions. remote work means work that- is not for- a New Zealand resident (as defined in section YA 1 of the Income Tax Act 2007); or a New Zealand branch of a non-resident (as defined in section YA 1 of the Income Tax Act 2007); and does not involve offering goods or services in New Zealand to persons or businesses in New Zealand; and does not require the person performing the work to be physically present in New Zealand or in the exclusive economic zone of New Zealand specified temporary or interim visa means a visa that- is a temporary visa or an interim visa; and is subject to conditions that- either- do not allow the holder to work in New Zealand or in the exclusive economic zone of New Zealand; or allow the holder to undertake remote work (but not any other work) in New Zealand or in the exclusive economic zone of New Zealand; and either- allow the holder to study in New Zealand for a period not exceeding 3 months in total in any 12-month period; or allow the holder to study in New Zealand at a primary school, intermediate school, secondary school, or composite school (within the meaning of the Education and Training Act 2020) for a single period not exceeding 3 months in any calendar year

8 Meaning of granting visa or entry permission as result of administrative error (1) In this Act, a visa is granted as a result of an administrative error if— (a) it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b)); or (b) it is granted to an excluded person (unless section 17 applies); or (c) the person granting it intended to grant a visa of a type other than the one that was actually granted; or (d) it is granted for a period exceeding the period specified in regulations or immigration instructions for visas of that type (unless the Minister or an immigration officer deliberately and properly granted it as an exception to the immigration instructions); or (e) it is granted on the basis of the person holding a visa that was granted as a result of an administrative error; or (f) it is granted in contravention of— (i) a special direction; or (ii) immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or (iii) an instruction of a kind referred to in section 378(7). (2) In this Act, entry permission is granted as a result of an administrative error if— (a) it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b)); or (b) it is granted to an excluded person (unless section 17 applies); or (c) it is granted in contravention of— (i) a special direction; or (ii) immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or (d) it is granted on the basis of, or in conjunction with,— (i) a visa that was itself granted on the basis of an administrative error; or (ii) a visa that was granted for a period exceeding the period specified in immigration instructions for a visa of that type (unless the Minister or an immigration officer deliberately and properly granted the visa as an exception to the immigration instructions); or (iii) a visa of a class or type other than that intended to be granted. Compare: 1987 No 74 ss 19(4), 32(4)

it is granted to a person— by an immigration officer; and after a refugee and protection officer has determined under section 137(2) that there are serious reasons for considering that the person has committed a crime or been guilty of any act described in that subsection; or it is granted to a person— who, by virtue of immigration instructions, is of a class or category of person that may apply for a visa of that class or type only if invited to do so by the Minister or an immigration officer; and who has not been invited to do so, or whose invitation to do so has been revoked, by the Minister or an immigration officer; or

(1A) In this Act, a visa is also granted as a result of an administrative error if,— in the case of a residence class visa, it is granted to a person who— holds a limited visa or a transit visa; or holds an interim visa that was not granted to the person while an application by the person for a residence class visa was being considered; or is liable for deportation (unless the Minister or an immigration officer granted it to the person under section 169(2)); or in the case of a temporary visa, it is granted to a person who holds— a limited visa or a transit visa; or an interim visa that was not granted to the person while an application by the person for a temporary entry class visa was being considered.

62A Visas that are void from time of grant (1) The following visas are void from the time at which they are granted: a visa granted to a New Zealand citizen (other than a New Zealand citizen described in section 13(4)(b)): a visa granted under section 61 to a person in respect of whom a deportation order or removal order is in force. (2) See also section 79A (which provides that a temporary visa granted to a residence class visa holder is void from the time at which it is granted).

(1) The Minister or an immigration officer must decide an application for a residence class visa in accordance with— this Act and any other Act that affects whether a residence class visa may be granted; and the residence instructions applicable at the time the application was made, to the extent that they are not inconsistent with this Act or any other Act that affects whether a residence class visa may be granted. (1A) However, if, before a decision is made in respect of a person’s application for a residence class visa, the Minister certifies new immigration instructions relating to residence class visas, the applicant may, if permitted by those new instructions, request that the decision be made under those new instructions. (1B) If an applicant makes a request under subsection (1A), the immigration officer or the Minister or the immigration officer must, on or after the date on which the new instructions come into effect, decide the application in accordance with— the new instructions. this Act and any other Act that affects whether a residence class visa may be granted; and the new instructions, to the extent that they are not inconsistent with this Act or any other Act that affects whether a residence class visa may be granted. (1C) Subsections (1A) and (1B) do not apply to an application that has lapsed in accordance with rules or criteria certified by the Minister under section 24.

79A Temporary visa granted to residence class visa holder void from time of grant (1) If a temporary visa is granted to a person who holds a residence class visa, the temporary visa is void from the time at which it is granted. (2) Subsection (1) does not apply to a temporary visa granted under section 68.

(7) If a person is invited to apply for a visa, it is sufficient ground for the Minister or an immigration officer to decline to grant the visa to the person if the Minister or officer is satisfied that the person,— whether personally or through an agent, in expressing their interest in obtaining an invitation to apply for the relevant visa, submitted false or misleading information or withheld relevant information that was potentially prejudicial to the issue of the invitation; or did not ensure that an immigration officer was informed of any material change in circumstances between the time of expressing interest and the time of the person’s application for the relevant visa.

113A Revocation of deemed entry permission (1) This section applies if a person’s entry permission is deemed to have been granted under regulations made under this Act. (2) An immigration officer may revoke the entry permission if permitted or required by, and only in accordance with, immigration instructions relating to entry permission. (3) Subsection (2) applies despite anything in the regulations under which entry permission is deemed to have been granted or in any other provision of this Act. (4) If the person arrives at an immigration control area, entry permission may be revoked at any time before the person leaves the immigration control area. (5) If the person arrives in New Zealand at a place other than at an immigration control area, entry permission may be revoked within 72 hours of the person first arriving in New Zealand. (6) A revocation under this section is made by entry on the records of the Department and takes effect immediately. (7) Without limiting the generality of section 22, immigration instructions relating to entry permission may provide for the revocation of entry permission that is deemed to have been granted under regulations made under this Act.

134 Whether to accept claim for consideration (1) In determining whether to accept a claim for consideration, a refugee and protection officer may take into account whether,— (a) in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for refugee status in another country: (b) in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for protection in another country: (c) 1 or more of the circumstances relating to the claim were brought about by the claimant— (i) acting otherwise than in good faith; and (ii) for a purpose of creating grounds for recognition under section 129. (2) A refugee and protection officer may decline to accept a claim for consideration where,— (a) in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for refugee status in another country: (b) in light of any international arrangement or agreement, the claimant may have lodged, or had the opportunity to lodge, a claim for protection in another country. (3) A refugee and protection officer must decline to accept for consideration a claim for recognition as a refugee if the officer is satisfied that 1 or more of the circumstances relating to the claim were brought about by the claimant— (a) acting otherwise than in good faith; and (b) for a purpose of creating grounds for recognition under section 129. (4) For the purposes of determining the matter in subsection (3), the refugee and protection officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor. (5) In this section, international arrangement or agreement means an arrangement or agreement— (a) between New Zealand and 1 or more other countries in respect of the processing of claims for refugee or protection status; and (b) that was entered into only after the Minister was satisfied that— (i) the country is a party to the Refugee Convention, the Convention Against Torture, and the Covenant on Civil and Political Rights; and (ii) the country has appropriate processes for dealing with refugee and protection claims.

137 Matters to be determined by refugee and protection officer (1) For each claim accepted for consideration, a refugee and protection officer must determine, in first determine whether 1 or more of the following order: circumstances relating to the claim were brought about by the claimant— (a) whether acting otherwise than in good faith; and for a purpose of creating grounds for recognition under section 129. (1A) For the purposes of determining the matter in subsection (1), the refugee and protection officer must not treat the actions of any other person in relation to recognise the claim or the claimant as a mitigating factor. (1B) Subsection (1C) applies if the refugee on and protection officer is satisfied that 1 or more of the ground set out circumstances relating to the claim were brought about by the claimant— acting otherwise than in good faith; and for a purpose of creating grounds for recognition under section 129; 129. (1C) If this subsection applies, the refugee and protection officer must determine, in the following order: (b) whether to recognise the claimant as a protected person on the ground set out in section 130; and (c) whether to recognise the claimant as a protected person on the ground set out in section 131. (2) For each claim accepted for consideration, a (1D) If subsection (1C) does not apply, the refugee and protection officer must also determine, as part of the process in respect of a determination under subsection 1(b) or (c), the following order: whether there are serious reasons for considering that to recognise the claimant has— (a) committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or (b) committed a serious non-political crime outside New Zealand before entering New Zealand; or (c) been guilty of acts contrary to refugee on the purposes ground set out in section 129; and principles of the United Nations. (3) To avoid doubt, a determination made under subsection (2)— (a) must not be used as grounds whether to refuse a claim by recognise the person concerned for recognition claimant as a protected person; and (b) is relevant only if the person is recognised as a protected person; and (c) if answered in the affirmative, requires the Minister to determine the immigration status of on the protected person ground set out in accordance with section 139. (4) For each claim accepted for consideration, a refugee 130; and protection officer must also determine whether to recognise the claimant has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. (5) To avoid doubt, a refugee and protection officer— (a) in determining the matters specified in this section, may make findings of credibility or fact: (b) must determine all the matters described in subsections (1), (2), and (4), regardless of whether the claim was made only on 1 or 2 of the 3 grounds ground set out in sections 129 to section 131.

137 Matters to be determined by refugee and protection officer (1) For each claim accepted for consideration, a refugee and protection officer must determine, in the following order: (a) whether to recognise the claimant as a refugee on the ground set out in section 129; and (b) whether to recognise the claimant as a protected person on the ground set out in section 130; and (c) whether to recognise the claimant as a protected person on the ground set out in section 131. (2) For each claim accepted for consideration, a refugee and protection officer must also determine, as part of the process in respect of a determination under subsection 1(b) (1C)(a) or (b) or (1D)(b) or (c), whether there are serious reasons for considering that the claimant has- (a) committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or (b) committed a serious non-political crime outside New Zealand before entering New Zealand; or (c) been guilty of acts contrary to the purposes and principles of the United Nations. (3) To avoid doubt, a determination made under subsection (2)- (a) must not be used as grounds to refuse a claim by the person concerned for recognition as a protected person; and (b) is relevant only if the person is recognised as a protected person; and (c) if answered in the affirmative, requires the Minister to determine the immigration status of the protected person in accordance with section 139. (4) For each claim accepted for consideration, a refugee and protection officer must also determine whether the claimant has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. (5) To avoid doubt, a refugee and protection officer- (a) in determining the matters specified in this section, may make findings of credibility or fact: (b) must determine all the matters described in subsections (1), (2), and (4), regardless of whether the claim was made only on 1 or 2 of the 3 grounds set out in sections 129 to 131.

(1A) Despite subsection (1), a refugee and protection officer must refuse to recognise a person as a refugee if they are satisfied that 1 or more of the circumstances relating to the person’s claim were brought about by the person— acting otherwise than in good faith; and for a purpose of creating grounds for recognition under section 129.

138 Decision on claim (1) A refugee and protection officer must recognise a person as- (a) a refugee if satisfied that the grounds for recognition in section 129 have been met: (b) a protected person if satisfied that the grounds for recognition in section 130 or 131 (or both) have been met. (2) Despite Also, despite subsection (1), a refugee and protection officer may refuse to recognise a person as a refugee or a protected person if he or she is satisfied that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. (3) The decision of the refugee and protection officer is final, unless overturned by the Tribunal on appeal under section 194. (4) The refugee and protection officer must notify the claimant, in the prescribed manner, of- (a) the officer's decision on the claim; and (b) the reasons for the decision, which must contain the information required under section 23 of the Official Information Act 1982 as if the decision were a response to a request to which that section applies; and (c) the officer's determination in relation to section 137(2); and (d) the claimant's right of appeal to the Tribunal, where a claim for recognition on any ground has been declined. (5) Once a decision on a claim is made and notified to a claimant, any refugee and protection officer may, in his or her absolute discretion, re-open the claim for further consideration under any of sections 143 to 147. Compare: 1987 No 74 s 129I

139 Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts protected persons The Minister must make any decision about a protected person’s immigration status if if— a refugee and protection officer has determined under section 137(1) that 1 or more of the circumstances relating to the person’s claim were brought about by the person— acting otherwise than in good faith; and for a purpose of creating grounds for recognition under section 129; or a refugee and protection officer has determined under section 137(2) that there are serious reasons for considering that the person has committed a crime or been guilty of any act described in that section. subsection.

140 Limitation on subsequent claims (1) A refugee and protection officer must not consider a subsequent claim for recognition as a refugee or a protected person unless the officer is satisfied— (a) satisfied that there has been a significant change in circumstances material to the claim since the previous claim was determined; and (b) the change in 1 or more of the circumstances was not brought about by the claimant— (i) acting otherwise than in good faith; and (ii) for a purpose of creating grounds for recognition under any of sections 129 to 131. (2) For the purposes of determining the matter in subsection (1), the refugee and protection officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor. (3) A refugee and protection officer may refuse to consider a subsequent claim for recognition as a refugee or a protected person if the officer is satisfied that the claim— (a) is manifestly unfounded or clearly abusive; or (b) repeats any claim previously made (including a subsequent claim). Compare: 1987 No 74 s 129J determined.

140 Limitation on subsequent claims (1) A refugee and protection officer must not consider a subsequent claim for recognition as a refugee or a protected person unless the officer is satisfied— (a) that there has been a significant change in circumstances material to the claim since the previous claim was determined; and (b) the change in 1 or more of the circumstances was not brought about by the claimant— (i) acting otherwise than in good faith; and (ii) for a purpose of creating grounds for recognition under any of sections 129 to 131. (2) For the purposes of determining the matter in subsection (1), the refugee and protection officer must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor. (3) A refugee and protection officer may refuse to consider a subsequent claim for recognition as a refugee or a protected person if the officer is satisfied that the claim— (a) is manifestly unfounded or clearly abusive; or (b) repeats any claim previously made (including a subsequent claim). Compare: 1987 No 74 s 129J

141A Withdrawal of claim (1) A claimant may withdraw their claim at any time before a refugee and protection officer makes a decision to accept, or to decline to accept, it for consideration. (2) A claimant whose claim is accepted for consideration may withdraw their claim at any time before a refugee and protection officer makes a decision on it under section 138.

(2A) If a person who is required to allow biometric information to be collected from them under subsection (1)(e) refuses or fails to allow the information to be collected, the refugee and protection officer may determine the claim or matter without collecting the information.

150 Special provision relating to claimants granted temporary visas (1) This section applies to any person who— (a) is a claimant to whom a temporary entry class visa has been granted, whether before or after the person became a claimant; or (b) having been a person to whom paragraph (a) applies, ceases to be a claimant by virtue of his or her of— their claim being declined. (2) A person to whom this section applies may not, either before or after the expiry of the temporary entry class visa,— (a) apply for a further visa of any class or type while in New Zealand; withdrawn; or (b) while in New Zealand, request a special direction or make a request for their claim being finally determined (within the grant meaning of a visa under section 61; or (c) bring any appeal under section 187 to the Tribunal. (3) Despite subsection (2)(a), a claimant may apply for a further temporary visa for such period as may be required for the claimant to be lawfully in New Zealand while his or her 128) if, upon their claim is determined. (4) Nothing in this section prevents a person from bringing an appeal to the Tribunal under section 206. (5) This section ceases to apply to a person if and when— (a) being finally determined, the person is not recognised as a refugee or a protected person; or (b) the person leaves New Zealand; or (c) the person is granted a visa (other than a temporary visa granted under the exception referred to in subsection (3)). Compare: 1987, No 74 s 129U person.

150 Special provision relating to claimants granted temporary visas (1) This section applies to any person who- (a) is a claimant to whom a temporary entry class visa has been granted, whether before or after the person became a claimant; or (b) having been a person to whom paragraph (a) applies, ceases to be a claimant by virtue of his or her claim being declined. (2) A person to whom this section applies may not, either before or after the expiry of the temporary entry class visa,- (a) apply for a further visa of any class or type while in New Zealand; or (b) while in New Zealand, request a special direction or make a request for the grant of a visa under section 61; 61 or 61A; or (c) bring any appeal under section 187 to the Tribunal. (3) Despite subsection (2)(a), a claimant may apply for a further temporary visa for such period as may be required for the claimant to be lawfully in New Zealand while his or her claim is determined. (4) Nothing in this section prevents a person from bringing an appeal to the Tribunal under section 206. (5) This section ceases to apply to a person if and when- (a) the person is recognised as a refugee or a protected person; or (b) the person leaves New Zealand; or (c) the person is granted a visa (other than a temporary visa granted under the exception referred to in subsection (3)). Compare: 1987, No 74 s 129U

154 Deportation liability if of person unlawfully in New Zealand (1) A person who is unlawfully in New Zealand is liable for deportation. (2) A person who is unlawfully in New Zealand may, may appeal on humanitarian grounds against their liability for deportation not later than 42 days after first becoming they became unlawfully in New Zealand, appeal on humanitarian grounds against his or her liability for deportation. Zealand. (3) Subsection (2) applies except However, if subsection (4) or (5) applies. (4) If the a person is unlawfully in New Zealand following an unsuccessful reconsideration under section 185 of a decision to decline his or her their visa application, the person may appeal on humanitarian grounds against his or her their liability for deportation not later than 42 days after the later of— of the following days: (a) the day on which the person became unlawfully in New Zealand; or Zealand: (b) the day on which the person received confirmation of the decision to decline his or her their visa application. (5) A (4) Despite subsections (2) and (3), a person who is unlawfully in New Zealand is not entitled to an appeal under subsection (2) on humanitarian grounds against their liability for deportation if— (a) the person is unlawfully in New Zealand following the cancellation of the person’s visa under section 64(1)(ab); or (b) the person has already had an opportunity (whether exercised or not) to appeal against his or her their liability for deportation. (5) Also, despite subsections (2) and (3), a person who is unlawfully in New Zealand and who has previously held a visa is not entitled to appeal on humanitarian grounds against their liability for deportation if— the last visa that the person held was a temporary visa, or an interim visa, that was subject to conditions that did not allow the holder to do each of the following things: work in New Zealand: work in the exclusive economic zone of New Zealand: study in New Zealand; or the last visa that the person held was a specified temporary or interim visa; or the person has been convicted or found guilty of, or pleaded guilty to, an offence (whether in New Zealand or elsewhere) that was committed after they were granted the last visa that they held and the last visa that they held was— a temporary visa; or an interim visa that was granted to them when they held a temporary visa.

155 Deportation liability if person’s visa granted in error (5) However, subsection (4) does not apply if— (1) A the person is liable for deportation if— (a) the Minister or an immigration officer determines that the person’s visa was granted as a result of an administrative error; and (b) the visa was not cancelled under this section 67; and (c) no visa was granted because they re-entered New Zealand while they were subject to the person under section 68. (2) The holder of a temporary visa or interim visa to whom this section applies has 14 days from the date of service period of a deportation liability notice to give good reason why he prohibition on entry; or she should not be deported. (3) Subsection (2) does not apply if— (a) the person is the holder of a limited visa; or (b) the Minister temporary visa, or an immigration officer determines interim visa, that the person is an excluded person. (4) A person liable for deportation under this section may, subject to conditions that do not later than 28 days after the date of service of a deportation liability notice, appeal allow them to do each of the Tribunal against his or her liability for deportation— following things: (a) on work in New Zealand: work in the facts and on humanitarian grounds, if exclusive economic zone of New Zealand: study in New Zealand; or the person holds is the holder of a residence class specified temporary or interim visa; or (b) on humanitarian grounds only, in the case person— is the holder of a person holding a temporary visa or an interim visa. visa; and (5) However, subsection (4) does not apply if the person is liable for deportation under this section because the person re-entered has been convicted or found guilty of, or pleaded guilty to, an offence (whether in New Zealand while he or she elsewhere) that was subject to a period of prohibition on entry. committed after that visa was granted.

156 Deportation liability if visa held under false identity (1) A person is liable for deportation if— (a) the person is convicted or found guilty of, or pleads guilty to, an offence where the identity of the person is established, and that identity is different to the identity under which the person holds a visa; or (b) the Minister determines that the person holds a visa under a false identity. (2) If a person is liable for deportation under this section subsection (1)(b) and the visa is a temporary visa or an interim visa,— (a) visa, the person person— may appeal to the Tribunal on humanitarian grounds not later than 42 days after first becoming unlawfully in New Zealand; and (b) if subsection (1)(b) applies, the person has 14 days from the date of service of a deportation liability notice to give good reason why the deportation should not proceed. (3) If a person is liable for deportation under this section and (2A) However, subsection (2)(a) does not apply if— the temporary visa or the interim visa is a residence class visa,— (a) subject to conditions that do not allow the person may appeal holder to do each of the Tribunal on humanitarian grounds not later than 42 days after first becoming unlawfully following things: work in New Zealand; and Zealand: (b) if subsection (1)(b) applies, the person may, not later than 28 days after work in the date of service exclusive economic zone of a deportation liability notice, appeal to the Tribunal on the facts against his New Zealand: study in New Zealand; or her liability for deportation. (4) For the purposes of subsections (2) and (3), a person to whom a visa has been granted in a false identity is deemed to have been unlawfully in New Zealand since— a specified temporary or interim visa; or (a) the date the person arrived has been convicted or found guilty of, or pleaded guilty to, an offence (whether in New Zealand, if he Zealand or she has held a visa in a false identity since elsewhere) that date; or (b) the day was committed after the date on which a visa granted in the person’s actual identity expired, or was cancelled without another temporary visa being granted, if he or she has held a the interim visa in his or her actual identity after arriving in New Zealand. was granted.

(4A) Subsection (4) does not apply if— the visa of the temporary visa holder or interim visa holder is subject to conditions that do not allow the holder to do each of the following things: work in New Zealand: work in the exclusive economic zone of New Zealand: study in New Zealand; or the visa of the temporary visa holder or interim visa holder is a specified temporary or interim visa; or the temporary visa holder or interim visa holder has been convicted or found guilty of, or pleaded guilty to, an offence (whether in New Zealand or elsewhere) that was committed after their visa was granted.

(1B) A residence class visa holder is also liable for deportation if— the person is convicted or found guilty of, or pleads guilty to, an offence where it is established that the person, whether personally or through an agent, in relation to an immigration matter other than an application, or purported application, referred to in subsection (1),— provided fraudulent, forged, false, or misleading information; or concealed relevant information; or the Minister determines that the person, whether personally or through an agent, in relation to an immigration matter other than an application, or purported application, referred to in subsection (1),— provided fraudulent, forged, false, or misleading information; or concealed relevant information. (1C) Subsection (1B) applies whether or not the person holding the residence class visa was a residence class visa holder at the time that they— provided the information that is established or determined to be fraudulent, forged, false, or misleading; or concealed the relevant information that is established or determined to have been concealed.

158 Deportation liability of residence class visa holder due to fraud, forgery, etc (1) A residence class visa holder is liable for deportation if- (a) the person is convicted or found guilty of, or pleads guilty to, an offence where it is established that- (i) any of the information provided in relation to the person's application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or (ii) any of the information provided in relation to the person's, or any other person's, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed; or (b) the Minister determines that- (i) any of the information provided in relation to the person's application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or (ii) any of the information provided in relation to the person's, or any other person's, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed. (1A) Subsection (1) applies- (a) whether or not the person holding the residence class visa is the person who- (i) provided the information that is established or determined to be fraudulent, forged, false, or misleading; or (ii) concealed the relevant information that is established or determined to have been concealed; and (b) whether the visa was granted before or after this subsection came into force. (2) A former citizen who is deemed by section 75 to hold a resident visa is liable for deportation if- (a) the person was deprived of his or her New Zealand citizenship under section 17 of the Citizenship Act 1977 on the grounds that the grant, or grant requirement, was procured by fraud, false representation, or wilful concealment of relevant information; and (b) that fraud, false representation, or wilful concealment of relevant information occurred in the context of procuring the immigration status that enabled the person to meet a requirement, or requirements, for the grant of New Zealand citizenship. (3) A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation- (a) on humanitarian grounds only, if subsection (1)(a) (1)(a), (1B)(a), or (2) applies: (b) on the facts and on humanitarian grounds, if subsection (1)(b) applies. (4) If section 156 also applies to a person to whom this section applies, the person's deportation liability must be determined under section 156 and not this section.

158 Deportation liability of residence class visa holder due to fraud, forgery, etc (1) A residence class visa holder is liable for deportation if- (a) the person is convicted or found guilty of, or pleads guilty to, an offence where it is established that- (i) any of the information provided in relation to the person's application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or (ii) any of the information provided in relation to the person's, or any other person's, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed; or (b) the Minister determines that- (i) any of the information provided in relation to the person's application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or (ii) any of the information provided in relation to the person's, or any other person's, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed. (1A) Subsection (1) applies- (a) whether or not the person holding the residence class visa is the person who- (i) provided the information that is established or determined to be fraudulent, forged, false, or misleading; or (ii) concealed the relevant information that is established or determined to have been concealed; and (b) whether the visa was granted before or after this subsection came into force. (2) A former citizen who is deemed by section 75 to hold a resident visa is liable for deportation if- (a) the person was deprived of his or her New Zealand citizenship under section 17 of the Citizenship Act 1977 on the grounds that the grant, or grant requirement, was procured by fraud, false representation, or wilful concealment of relevant information; and (b) that fraud, false representation, or wilful concealment of relevant information occurred in the context of procuring the immigration status that enabled the person to meet a requirement, or requirements, for the grant of New Zealand citizenship. (3) A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation- (a) on humanitarian grounds only, if subsection (1)(a) or (2) applies: (b) on the facts and on humanitarian grounds, if subsection (1)(b) or (1B)(b) applies. (4) If section 156 also applies to a person to whom this section applies, the person's deportation liability must be determined under section 156 and not this section.

158 Deportation liability of residence class visa holder due to fraud, forgery, etc (1) A residence class visa holder (R) is liable for deportation if— (a) the person R is convicted or found guilty of, or pleads guilty to, an offence where it is established that— (i) any of the fraudulent, forged, false, or misleading information was provided (whether or not by R), or that relevant information was concealed (whether or not by R), in relation to the person’s application, an immigration matter that concerns R; or purported application, for a residence class visa R, whether personally or entry permission was through an agent, provided fraudulent, forged, false, or misleading, misleading information, or any concealed relevant information was concealed; or (ii) any of the information provided information, in relation to the person’s, or any other person’s, application, an immigration matter that does not concern R; or purported application, for a visa on the basis of which the residence class visa was granted was R benefited from another person providing fraudulent, forged, false, or misleading, misleading information, or any concealing relevant information was concealed; information, in relation to an immigration matter that does not concern R; or (b) the Minister determines that— (i) any of the fraudulent, forged, false, or misleading information was provided (whether or not by R), or that relevant information was concealed (whether or not by R), in relation to the person’s application, an immigration matter that concerns R; or purported application, for a residence class visa R, whether personally or entry permission was through an agent, provided fraudulent, forged, false, or misleading, misleading information, or any concealed relevant information was concealed; or (ii) any of the information provided information, in relation to the person’s, or any other person’s, application, an immigration matter that does not concern R; or purported application, for a visa on the basis of which the residence class visa was granted was R benefited from another person providing fraudulent, forged, false, or misleading, misleading information, or any concealing relevant information was concealed. information, in relation to an immigration matter that does not concern R. (1A) Subsection (1) applies— (a) applies whether or not the person holding the R was a residence class visa is the person who— holder when— (i) provided the information that is established or determined to be fraudulent, forged, false, or misleading; misleading was provided; or (ii) concealed the relevant information that is established or determined to have been concealed; and (b) whether the visa was granted before or after this subsection came into force. (2) A former citizen who is deemed by section 75 to hold a resident visa is liable for deportation if— (a) the person was deprived of his or her New Zealand citizenship under section 17 of the Citizenship Act 1977 on the grounds that the grant, or grant requirement, concealed was procured by fraud, false representation, or wilful concealment of relevant information; and (b) that fraud, false representation, or wilful concealment of relevant information occurred in the context of procuring the immigration status that enabled the person to meet a requirement, or requirements, for the grant of New Zealand citizenship. (3) A person liable for deportation under this section may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal against his or her liability for deportation— (a) on humanitarian grounds only, if subsection (1)(a) or (2) applies: (b) on the facts and on humanitarian grounds, if subsection (1)(b) applies. (4) If section 156 also applies to a person to whom this section applies, the person’s deportation liability must be determined under section 156 and not this section. concealed.

(5) For the purposes of this section, an application or purported application for a visa or permit under the former Act is treated as being an immigration matter.

of an offence committed outside New Zealand before the person was first granted any visa; or

of an offence and sentenced to imprisonment for a term of 10 years or more (or for an indeterminate period capable of running for 10 years or more), if the offence was committed not later than 20 years after the person first held a residence class visa; or

161 Deportation liability of residence class visa holder convicted or guilty of criminal offence (1) A residence class visa holder is liable for deportation if they are convicted or found guilty of, or plead guilty to, in New Zealand or elsewhere,- (a) an offence for which the court has the power to impose imprisonment for a term of 3 months or more if the offence was committed at any time- (i) when the person was unlawfully in New Zealand; or (ii) when the person held a temporary entry class visa; or (iii) not later than 2 years after the person first held a residence class visa; or (b) an offence for which the court has the power to impose imprisonment for a term of 2 years or more, if the offence was committed not later than 5 years after the person first held a residence class visa; or (c) an offence and sentenced to imprisonment for a term of 5 years or more (or for an indeterminate period capable of running for 5 years or more), if the offence was committed not later than 10 years after the person first held a residence class visa; or (d) an offence against section 350(1), 351, or 351A, if the offence was committed not later than 10 years after the person first held a residence class visa, and whether that visa was granted before or after this paragraph comes into force. (2) A person liable for deportation under this section may, not later than 28 days after being served with a deportation liability notice, appeal to the Tribunal- (a) on humanitarian grounds against his or her liability for deportation; and (b) if he or she is a refugee or a protected person, against any decision of a refugee and protection officer that he or she may be deported. (3) For the purposes of subsection (1)(a)(iii), (b), (c), (ca), and (d), the periods of 2 years, 5 years, and 10 years, 15 years, and 20 years after a person first held a residence class visa are to be determined exclusive of any time spent by the person in imprisonment following conviction for any offence. (4) Subsection (1)(c) applies- (a) whether the sentence is of immediate effect or is deferred or is suspended in whole or in part: (b) if a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the person had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences: (c) if a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence. (5) For the purposes of this section and section 160(1), a person first holds a residence class visa- (a) on the date on which the person is first granted a residence class visa of any type in New Zealand; or (b) if the visa was granted outside of New Zealand, on the first occasion on which the person arrives in New Zealand and is granted entry permission as the holder of the residence class visa; or (c) if the person arrives in New Zealand and is granted entry permission as the holder of a residence class visa following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand after the continuous period of absence; or (d) if the person is a person to whom a visa waiver applies and arrives in New Zealand following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand (and is granted a residence class visa) after the continuous period of absence. (6) Subsection (7) applies to a person if he or she- (a) was exempt from the requirement to hold a permit under the former Act; but (b) is deemed to hold a residence class visa under section 417(3) of this Act. (7) For the purposes of this section, the person first holds a residence class visa- (a) on the date he or she first entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act; or (b) on the date he or she first re-entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act following a continuous period of absence from New Zealand of at least 5 years. Compare: 1987 No 74 s 91(1), (4), (6)

161 Deportation liability of residence class visa holder convicted or guilty of criminal offence (1) A residence class visa holder is liable for deportation if they are convicted or found guilty of, or plead guilty to, in New Zealand or elsewhere,- (a) an offence for which the court has the power to impose imprisonment for a term of 3 months or more if the offence was committed at any time- (i) when the person was unlawfully in New Zealand; or (ii) when the person held a temporary entry class visa; or (iii) not later than 2 years after the person first held a residence class visa; or (b) an offence for which the court has the power to impose imprisonment for a term of 2 years or more, if the offence was committed not later than 5 years after the person first held a residence class visa; or (c) an offence and sentenced to imprisonment for a term of 5 years or more (or for an indeterminate period capable of running for 5 years or more), if the offence was committed not later than 10 years after the person first held a residence class visa; or (d) an offence against section 350(1), 351, or 351A, if the offence was committed not later than 10 years after the person first held a residence class visa, and whether that visa was granted before or after this paragraph comes into force. (2) A person liable for deportation under this section may, not later than 28 days after being served with a deportation liability notice, appeal to the Tribunal- (a) on humanitarian grounds against his or her liability for deportation; and (b) if he or she is a refugee or a protected person, against any decision of a refugee and protection officer that he or she may be deported. (3) For the purposes of subsection (1)(a)(iii), (b), (c), and (d), the periods of 2 years, 5 years, and 10 years after a person first held a residence class visa are to be determined exclusive of any time spent by the person in imprisonment following conviction for any offence. (4) Subsection (1)(c) and (ca) applies- (a) whether the sentence is of immediate effect or is deferred or is suspended in whole or in part: (b) if a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the person had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences: (c) if a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence. (5) For the purposes of this section and section 160(1), a person first holds a residence class visa- (a) on the date on which the person is first granted a residence class visa of any type in New Zealand; or (b) if the visa was granted outside of New Zealand, on the first occasion on which the person arrives in New Zealand and is granted entry permission as the holder of the residence class visa; or (c) if the person arrives in New Zealand and is granted entry permission as the holder of a residence class visa following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand after the continuous period of absence; or (d) if the person is a person to whom a visa waiver applies and arrives in New Zealand following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand (and is granted a residence class visa) after the continuous period of absence. (6) Subsection (7) applies to a person if he or she- (a) was exempt from the requirement to hold a permit under the former Act; but (b) is deemed to hold a residence class visa under section 417(3) of this Act. (7) For the purposes of this section, the person first holds a residence class visa- (a) on the date he or she first entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act; or (b) on the date he or she first re-entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act following a continuous period of absence from New Zealand of at least 5 years. Compare: 1987 No 74 s 91(1), (4), (6)

161 Deportation liability of residence class visa holder convicted or guilty of criminal offence (1) A residence class visa holder is liable for deportation if they are convicted or found guilty of, or plead guilty to, in New Zealand or elsewhere,- (a) an offence for which the court has the power to impose imprisonment for a term of 3 months or more if the offence was committed at any time- (i) when the person was unlawfully in New Zealand; or (ii) when the person held a temporary entry class visa; or (iii) not later than 2 years after the person first held a residence class visa; or (b) an offence for which the court has the power to impose imprisonment for a term of 2 years or more, if the offence was committed not later than 5 years after the person first held a residence class visa; or (c) an offence and sentenced to imprisonment for a term of 5 years or more (or for an indeterminate period capable of running for 5 years or more), if the offence was committed not later than 10 years after the person first held a residence class visa; or (d) an offence against section 350(1), 351, or 351A, if the offence was committed not later than 10 years after the person first held a residence class visa, and whether that visa was granted before or after this paragraph comes into force. (2) A person liable for deportation under this section may, not later than 28 days after being served with a deportation liability notice, appeal to the Tribunal- (a) on humanitarian grounds against his or her liability for deportation; and (b) if he or she is a refugee or a protected person, against any decision of a refugee and protection officer that he or she may be deported. (3) For the purposes of subsection (1)(a)(iii), (b), (c), and (d), the periods of 2 years, 5 years, and 10 years after a person first held a residence class visa are to be determined exclusive of any time spent by the person in imprisonment following conviction for any offence. (4) Subsection (1)(c) applies- (a) whether the sentence is of immediate effect or is deferred or is suspended in whole or in part: (b) if a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the person had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences: (c) if a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence. (5) For the purposes of this section and section 160(1), a person first holds a residence class visa- (a) on the date on which the person is first granted a residence class visa of any type in New Zealand; or (b) if the visa was granted outside of New Zealand, on the first occasion on which the person arrives in New Zealand and is granted entry permission as the holder of the residence class visa; or (c) if the person arrives in New Zealand and is granted entry permission as the holder of a residence class visa following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand after the continuous period of absence; or (d) if the person is a person to whom a visa waiver applies and arrives in New Zealand following a continuous period of absence from New Zealand of at least 5 years, on the date the person first re-enters New Zealand (and is granted a residence class visa) after the continuous period of absence. (6) Subsection (7) applies to a person if he or she- (a) was exempt from the requirement to hold a permit under the former Act; but (b) is deemed to hold a residence class visa under section 417(3) of this Act. (7) For the purposes of this section, the person first holds a residence class visa- (a) on the date he or she first entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act; or (b) on the date he or she first re-entered New Zealand and was exempt from the requirement to hold a residence permit under the former Act following a continuous period of absence from New Zealand of at least 5 years. Compare: 1987 No 74 s 91(1), (4), (6)

(8) Subsection (9) applies to a person if they were granted a residence permit under the former Act. (9) Despite section 434(2), for the purposes of this section, the person first holds a residence class visa— on the date on which the person was first granted a residence permit under the former Act; or on the date on which the person was last granted a residence permit under the former Act, or entry permission as the holder of a residence class visa, following a continuous period of absence from New Zealand of at least 5 years.

A deportation liability notice may be served on a person who does not have a physical address that is known to the Department by sending it by electronic means to an electronic address that is the person’s contact address.

170 Deportation liability notice (1) (3) A deportation liability notice must be served by— personal service on a person liable for deportation if it is intended to execute the deportation of the person. (2) Subsection (1) applies unless— person; or (a) sending it by registered post to the person is liable person’s address for deportation on the grounds of being unlawfully in New Zealand; service; or (b) the person sending it by electronic means to an electronic address that is named in a deportation order under section 163. the person’s contact address. (3) If (4) However,— if a deportation liability notice is served by way of personal service, it may be served only by an immigration officer or by another person on behalf of an immigration officer. officer; and if a deportation liability notice is sent by registered post to the person’s address for service and that address is the address of a lawyer or agent, service is effected only if the lawyer or agent signs a memorandum stating that they accept service of the notice on behalf of the person; and a deportation liability notice may be served by the method specified in subsection (3)(c) only if the person does not have a physical address that is known to the Department. (5) A deportation liability notice served by the method specified in subsection (3)(c) is deemed to be received by the person to whom it is addressed on the earlier of the following dates: the date that is 3 working days after the date on which it was sent: the date on which they inform an immigration officer that they have received the notice.

(5A) However, the Minister must consider cancelling a person’s liability for deportation if the person— has a right to give good reason as to why they should not be deported; and has, in providing submissions as to good reason why they should not be deported, provided information— concerning their personal circumstances; and that is relevant to New Zealand’s international obligations. (5B) If, for any reason, the Minister considers cancelling a person’s liability for deportation, the Minister must have regard to any relevant international obligations, but otherwise— may make a decision as they think fit; and in doing so, is not under any obligation, whether by implication or otherwise,— to apply any test or any particular test (including the test set out in section 207); or to inquire into the circumstances of, or to make any further inquiry in respect of the information provided by or in respect of, the person who is liable for deportation or any other person. (5C) Whether or not the Minister considers cancelling a person’s liability for deportation,— the Minister is not obliged to give reasons for any decision, other than the reason that this subsection applies; and information privacy principle 6 (which relates to access to personal information and is set out in section 22 of the Privacy Act 2020) does not apply to any reasons for any decision relating to the purported application (if any); and section 23 of the Official Information Act 1982 does not apply in respect of the decision. (5D) However, to the extent that the Minister has regard to international obligations when considering cancelling a person’s liability for deportation, the Minister must record— a description of the international obligations; and the facts about the person’s personal circumstances.

173 Right of victims to make submissions on suspension or cancellation of liability for deportation (1) In determining whether to cancel or suspend a person’s liability for deportation, the Minister must have regard to any written submissions made by a victim of an offence or offences if— (a) if the person who is liable for deportation— (i) has been convicted of the offence or offences; or (ii) has been found guilty of the offence or offences; or (iii) has pleaded guilty to the offence or offences; and (b) the person’s liability for deportation arises from that offence or those offences. (2) The Minister must, on a request for the purpose, make available to a lawyer or agent (if any) who is acting for the person who is liable for deportation a copy of all written submissions made by the victim. (3) The Minister, or a lawyer or agent acting for the person, must, on a request for the purpose, show the person a copy of all written submissions made by the victim. However, the person may not keep a copy of any of those submissions. (4) Despite subsections (2) and (3), the Minister may withhold from the person and every lawyer or agent (if any) acting for the person any part of the victim’s written submissions if, in the Minister’s opinion, the withholding of that part is necessary to protect the physical safety or security of the victim concerned. (5) Despite subsection (1), the Minister must not have regard to any part of the victim’s submissions that is withheld under subsection (4). (6) In this section, victim means a victim of an offence of a kind referred to in section 29 of the Victims’ Rights Act 2002. Compare: 1987 No 74 s 93A

(1AAA) Where a person who is unlawfully in New Zealand does not have a right to appeal under this Act against liability for deportation because section 154(5)(a) applies, the first day on which a deportation order may be served on the person is the day that is 15 days after the date on which their last visa expired or was cancelled.

a decision of an immigration officer to decline to grant a residence class visa under section 58(6); or a decision of an immigration officer to decline to grant a residence class visa in accordance with a requirement of any other Act; or

187 Rights of appeal in relation to decisions concerning residence class visas (1) There is a right of appeal to the Tribunal against a decision concerning a residence class visa in the following circumstances: (a) an applicant for a residence class visa may appeal against- (i) a decision of an immigration officer to decline to grant the visa (including in the circumstances described in section 190(2)(b)): (ii) a decision by the Minister not to grant a residence class visa if classified information has been relied on in making the decision: (b) a person outside New Zealand who has been granted a resident visa may appeal against a decision to cancel the visa under section 65(1): (c) a person who has been granted a resident visa may appeal against a decision to refuse to grant the person entry permission (including in the circumstances described in section 190(2)(b)). (2) However, no appeal lies under this Act in respect of- (a) a decision by the Minister not to grant a residence class visa (except in the circumstances described in subsection (1)(a)(ii)); or (b) a refusal of the Minister or an immigration officer to grant a residence class visa or entry permission to an excluded person; or (c) a refusal or failure of the Minister or an immigration officer to issue an invitation to apply for a visa; or (d) a refusal of the Minister or an immigration officer to grant a residence class visa to a person who has been invited to apply for a visa, if a ground for the refusal is that the Minister or officer determines that the person,- (i) whether personally or through an agent, in expressing his or her interest in obtaining an invitation to apply for a visa, submitted false or misleading information or withheld relevant information that was potentially prejudicial to the person; or (ii) did not ensure that an immigration officer was informed of any material change in circumstances between the time of expressing interest and the time of the person's application for the relevant visa; or (e) a lapse of an application for a residence class visa or of an expression of interest in obtaining an invitation to apply for a visa; or (f) a revocation of an invitation to apply for a visa. (3) Where a person to whom subsection (1)(b) or (c) applies appeals under this section, this Act applies as if the decision were a decision to decline an application for a residence class visa. (4) The grounds for an appeal under this section are that- (a) the relevant decision was not correct in terms of the residence instructions applicable at the time in accordance with which the relevant application for the visa was made; required to be decided; or (b) the special circumstances of the appellant are such that consideration of an exception to those residence instructions should be recommended. (5) An appeal under this section must be brought not later than 42 days after the date the appellant is notified of the decision appealed against. (6) (7) (8) A person may bring review proceedings in a court in respect of a decision in relation to a residence class visa except if the decision is in relation to- (a) the refusal or failure to grant a residence class visa to a person outside New Zealand; or (b) the cancellation of a resident visa granted outside New Zealand before the holder of the visa first arrives in New Zealand as the holder of the visa. Compare: 1987 No 74 s 18C(1)-(3)

188 Determination of appeal in relation to residence class visa (1) In determining an appeal under section 187, the Tribunal may— (a) confirm the decision appealed against as having been correct in terms of the residence instructions applicable at the time in accordance with which the application for the visa was made by the appellant; required to be decided (the applicable residence instructions); or (b) reverse the decision as having been incorrect in terms of the residence instructions applicable at the time the application for the visa was made by the appellant; residence instructions; or (c) note the correctness of the original decision in terms of the applicable residence instructions applicable at the time the visa application was made on the basis of the information provided to the Minister or the immigration officer before the time of the decision, but reverse that decision on the basis of any information properly made available to the Tribunal that reveals that the grant of the visa would have been correct in terms of the applicable residence those instructions; or (d) note the correctness of the original decision in terms of the applicable residence instructions applicable at the time the visa application was made on the basis of the information provided to the Minister or the immigration officer before the time of the decision, but determine the appeal by cancelling the decision and referring the matter back to the Minister, if he or she they made the decision, or the chief executive, in any other case, for consideration under those residence instructions as if a new visa application had been made that included any additional information properly provided to the Tribunal; or (e) determine the appeal by cancelling the decision and referring the application back to the Minister, if he or she they made the decision, or the chief executive, in any other case, for correct assessment in terms of the applicable residence instructions, where if the Tribunal— (i) considers that the decision appealed against was made on the basis of an incorrect assessment in terms of the residence instructions applicable at the time the application was made; those instructions; but (ii) is not satisfied that the appellant would, but for that incorrect assessment, have been entitled in terms of those instructions to the visa or entry permission; or (f) confirm the decision as having been correct in terms of the residence instructions applicable at the time the visa application was made, residence instructions, but recommend that the special circumstances of the applicant are such as to warrant consideration by the Minister as an exception to those instructions. (2) Where the Tribunal determines to reverse a decision to refuse a visa under subsection (1)(b) or (c), the Tribunal must— (a) consider whether it is appropriate that conditions should be imposed in accordance with section 50 when a resident visa is granted to the appellant; and (b) if it considers that imposing conditions is appropriate, direct the Minister to impose under that section the conditions specified in its decision (which may be specified with the degree of generality or particularity that the Tribunal thinks fit); and (c) notify the appellant in writing of any conditions imposed. (3) Where the Tribunal refers an application back to the Minister or the chief executive under subsection (1)(e), the Tribunal may give him or her the directions it thinks fit as to how a correct assessment of the application should be carried out. (4) The Tribunal must, as soon as practicable, notify the appellant in writing of its decision on the appeal and the reasons for that decision. (5) Subject to section 245, the decision of the Tribunal on the appeal is final, and, except where a court otherwise directs, the Tribunal has no jurisdiction to reconsider the appeal after the appellant has been notified of the decision. Compare: 1987 No 74 s 18D

194 Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims) (1) A person may appeal to the Tribunal against a decision by a refugee and protection officer— (a) to decline to accept for consideration the person’s claim to be recognised as a refugee or a protected person on the grounds that— (i) in light of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, or had the opportunity to lodge, a claim for refugee status in another country: (ii) in light of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, or had the opportunity to lodge, a claim for protection in another country: (b) under section 134(3) to decline to accept for consideration the person’s claim to be recognised as a refugee: (c) to decline the person’s claim to be recognised under any of sections 129, 130, and 131 as a refugee or a protected person (whether or not the refugee and protection officer recognised the person as a refugee or a protected person under the grounds set out in another of those sections, or both of those other sections): (d) to cease to recognise the person as a refugee or a protected person under section 143: (e) to cancel recognition of a New Zealand citizen as a refugee or a protected person under section 145. (2) An appeal under this section must be brought,— (a) if the person is in detention under Part 9, not later than 5 working days after the date on which the appellant is notified of the decision to which the appeal relates; or (b) in any other case, not later than 10 working days after the date on which the appellant is notified of the decision to which the appeal relates. (3) The Tribunal may, however, extend the time for lodging an appeal if satisfied that special circumstances warrant an extension. (4) To avoid doubt, an appeal right arises under subsection (1)(c) if a person’s claim is declined on the grounds that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. (5) Subsection (6) applies to a person who is entitled to an appeal under subsection (1)(a), (b), or (c) and who either— (a) is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or (b) would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation. (6) The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (5)(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is— (a) successful on the appeal under this section, the Tribunal must dispense with its consideration of the person’s humanitarian appeal: (b) unsuccessful on the appeal under this section, the Tribunal must consider the person’s humanitarian appeal. (6A) If the Tribunal dispenses (under subsection (6)(a)) with the consideration of a person’s humanitarian appeal lodged at the same time as an appeal under subsection (1)(a) or (b), the person may subsequently lodge a humanitarian appeal only if it is lodged, as required by subsection (6), at the same time as an appeal under subsection (1)(c). (7) If the person does not lodge a humanitarian appeal in accordance with subsection (6), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future. (8) To avoid doubt, nothing in subsection (7) applies to a person who— (a) complies with subsection (6); and (b) is successful on the appeal under this section; and (c) becomes liable for deportation for any reason at some future date. (9) In subsection (2), working day means a day of the week other than— (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and (ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and (b) a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and (c) if 1 January falls on a Friday, the following Monday; and (d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday. Compare: 1987 No 74 s 129O

194 Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims) (1) A person may appeal to the Tribunal against a decision by a refugee and protection officer- (a) to decline to accept for consideration the person's claim to be recognised as a refugee or a protected person on the grounds that- (i) in light of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, or had the opportunity to lodge, a claim for refugee status in another country: (ii) in light of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, or had the opportunity to lodge, a claim for protection in another country: (b) under section 134(3) to decline to accept for consideration the person's claim to be recognised as a refugee: (c) to decline the person's claim to be recognised under any of sections 129, 130, and 131 as a refugee or a protected person (whether or not the refugee and protection officer recognised the person as a refugee or a protected person under the grounds set out in another of those sections, or both of those other sections): (d) to cease to recognise the person as a refugee or a protected person under section 143: (e) to cancel recognition of a New Zealand citizen as a refugee or a protected person under section 145. (2) An appeal under this section must be brought,- (a) if the person is in detention under Part 9, not later than 5 working days after the date on which the appellant is notified of the decision to which the appeal relates; or (b) in any other case, not later than 10 working days after the date on which the appellant is notified of the decision to which the appeal relates. (3) The Tribunal may, however, extend the time for lodging an appeal if satisfied that special exceptional circumstances warrant an extension. (4) To avoid doubt, an appeal right arises under subsection (1)(c) if a person's claim is declined on the grounds that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. (5) Subsection (6) applies to a person who is entitled to an appeal under subsection (1)(a), (b), or (c) and who either- (a) is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or (b) would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation. (6) The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (5)(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is- (a) successful on the appeal under this section, the Tribunal must dispense with its consideration of the person's humanitarian appeal: (b) unsuccessful on the appeal under this section, the Tribunal must consider the person's humanitarian appeal. (6A) If the Tribunal dispenses (under subsection (6)(a)) with the consideration of a person's humanitarian appeal lodged at the same time as an appeal under subsection (1)(a) or (b), the person may subsequently lodge a humanitarian appeal only if it is lodged, as required by subsection (6), at the same time as an appeal under subsection (1)(c). (7) If the person does not lodge a humanitarian appeal in accordance with subsection (6), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future. (8) To avoid doubt, nothing in subsection (7) applies to a person who- (a) complies with subsection (6); and (b) is successful on the appeal under this section; and (c) becomes liable for deportation for any reason at some future date. (9) In subsection (2), working day means a day of the week other than- (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and (ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and (b) a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and (c) if 1 January falls on a Friday, the following Monday; and (d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday. Compare: 1987 No 74 s 129O

194 Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims) (1) A person may (4) To avoid doubt, an appeal to the Tribunal against a decision by right arises under subsection (1)(c) if a refugee and protection officer— (a) to decline to accept for consideration the person’s claim to be recognised as a refugee or a protected person is declined on the grounds that— (i) in light of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, 1 or had the opportunity to lodge, a claim for refugee status in another country: (ii) in light more of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, or had the opportunity to lodge, a claim for protection in another country: (b) under section 134(3) to decline to accept for consideration the person’s claim to be recognised as a refugee: (c) circumstances relating to decline the person’s claim to be recognised under any of sections 129, 130, and 131 as a refugee or a protected person (whether or not the refugee and protection officer recognised the person as a refugee or a protected person under were brought about by the grounds set out person— acting otherwise than in another of those sections, or both of those other sections): good faith; and (d) to cease to recognise the person as a refugee or for a protected person under section 143: (e) to cancel recognition purpose of a New Zealand citizen as a refugee or a protected person under section 145. (2) An appeal creating grounds for recognition under this section must be brought,— (a) if the person is in detention under Part 9, not later than 5 working days after the date on which the appellant is notified of the decision to which the appeal relates; 129; or (b) in any other case, not later than 10 working days after the date on which the appellant is notified of the decision to which the appeal relates. (3) The Tribunal may, however, extend the time for lodging an appeal if satisfied that special circumstances warrant an extension. (4) To avoid doubt, an appeal right arises under subsection (1)(c) if a person’s claim is declined on the grounds that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. (5) Subsection (6) applies to a person who is entitled to an appeal under subsection (1)(a), (b), or (c) and who either— (a) is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or (b) would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation. (6) The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (5)(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is— (a) successful on the appeal under this section, the Tribunal must dispense with its consideration of the person’s humanitarian appeal: (b) unsuccessful on the appeal under this section, the Tribunal must consider the person’s humanitarian appeal. (6A) If the Tribunal dispenses (under subsection (6)(a)) with the consideration of a person’s humanitarian appeal lodged at the same time as an appeal under subsection (1)(a) or (b), the person may subsequently lodge a humanitarian appeal only if it is lodged, as required by subsection (6), at the same time as an appeal under subsection (1)(c). (7) If the person does not lodge a humanitarian appeal in accordance with subsection (6), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future. (8) To avoid doubt, nothing in subsection (7) applies to a person who— (a) complies with subsection (6); and (b) is successful on the appeal under this section; and (c) becomes liable for deportation for any reason at some future date. (9) In subsection (2), working day means a day of the week other than— (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and (ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and (b) a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and (c) if 1 January falls on a Friday, the following Monday; and (d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday. Compare: 1987 No 74 s 129O

194 Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims) (1) A person may appeal to the Tribunal against a decision by a refugee and protection officer- (a) to decline to accept for consideration the person's claim to be recognised as a refugee or a protected person on the grounds that- (i) in light of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, or had the opportunity to lodge, a claim for refugee status in another country: (ii) in light of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, or had the opportunity to lodge, a claim for protection in another country: (b) under section 134(3) to decline to accept for consideration the person's claim to be recognised as a refugee: (c) to decline the person's claim to be recognised under any of sections 129, 130, and 131 as a refugee or a protected person (whether or not the refugee and protection officer recognised the person as a refugee or a protected person under the grounds set out in another of those sections, or both of those other sections): (d) to cease to recognise the person as a refugee or a protected person under section 143: (e) to cancel recognition of a New Zealand citizen as a refugee or a protected person under section 145. (2) An appeal under this section must be brought,- (a) if the person is in detention under Part 9, not later than 5 working days after the date on which the appellant is notified of the decision to which the appeal relates; or (b) in any other case, not later than 10 working days after the date on which the appellant is notified of the decision to which the appeal relates. (3) The Tribunal may, however, extend the time for lodging an appeal if satisfied that special circumstances warrant an extension. (4) To avoid doubt, an appeal right arises under subsection (1)(c) if a person's claim is declined on the grounds that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. (5) Subsection (6) applies to a person who is entitled to an appeal under subsection (1)(a), (b), (1)(a) or (c) and who either- (a) is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or (b) would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation. (6) The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (5)(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is- (a) successful on the appeal under this section, the Tribunal must dispense with its consideration of the person's humanitarian appeal: (b) unsuccessful on the appeal under this section, the Tribunal must consider the person's humanitarian appeal. (6A) If the Tribunal dispenses (under subsection (6)(a)) with the consideration of a person's humanitarian appeal lodged at the same time as an appeal under subsection (1)(a) or (b), the person may subsequently lodge a humanitarian appeal only if it is lodged, as required by subsection (6), at the same time as an appeal under subsection (1)(c). (7) If the person does not lodge a humanitarian appeal in accordance with subsection (6), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future. (8) To avoid doubt, nothing in subsection (7) applies to a person who- (a) complies with subsection (6); and (b) is successful on the appeal under this section; and (c) becomes liable for deportation for any reason at some future date. (9) In subsection (2), working day means a day of the week other than- (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and (ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and (b) a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and (c) if 1 January falls on a Friday, the following Monday; and (d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday. Compare: 1987 No 74 s 129O

194 Right of appeal in relation to decisions concerning refugee or protection status (other than subsequent claims) (1) A person may appeal to the Tribunal against a decision by a refugee and protection officer- (a) to decline to accept for consideration the person's claim to be recognised as a refugee or a protected person on the grounds that- (i) in light of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, or had the opportunity to lodge, a claim for refugee status in another country: (ii) in light of an international arrangement or agreement (as defined in section 134(5)), the person may have lodged, or had the opportunity to lodge, a claim for protection in another country: (b) under section 134(3) to decline to accept for consideration the person's claim to be recognised as a refugee: (c) to decline the person's claim to be recognised under any of sections 129, 130, and 131 as a refugee or a protected person (whether or not the refugee and protection officer recognised the person as a refugee or a protected person under the grounds set out in another of those sections, or both of those other sections): (d) to cease to recognise the person as a refugee or a protected person under section 143: (e) to cancel recognition of a New Zealand citizen as a refugee or a protected person under section 145. (2) An appeal under this section must be brought,- (a) if the person is in detention under Part 9, not later than 5 working days after the date on which the appellant is notified of the decision to which the appeal relates; or (b) in any other case, not later than 10 working days after the date on which the appellant is notified of the decision to which the appeal relates. (3) The Tribunal may, however, extend the time for lodging an appeal if satisfied that special circumstances warrant an extension. (4) To avoid doubt, an appeal right arises under subsection (1)(c) if a person's claim is declined on the grounds that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. (5) Subsection (6) applies to a person who is entitled to an appeal under subsection (1)(a), (b), or (c) and who either- (a) is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or (b) would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation. (6) The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (5)(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is- (a) successful on the appeal under this section, the Tribunal must dispense with its consideration of the person's humanitarian appeal: (b) unsuccessful on the appeal under this section, the Tribunal must consider the person's humanitarian appeal. (6A) If the Tribunal dispenses (under subsection (6)(a)) with the consideration of a person's humanitarian appeal lodged at the same time as an appeal under subsection (1)(a) or (b), , the person may subsequently lodge a humanitarian appeal only if it is lodged, as required by subsection (6), at the same time as an appeal under subsection (1)(c). (7) If the person does not lodge a humanitarian appeal in accordance with subsection (6), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future. (8) To avoid doubt, nothing in subsection (7) applies to a person who- (a) complies with subsection (6); and (b) is successful on the appeal under this section; and (c) becomes liable for deportation for any reason at some future date. (9) In subsection (2), working day means a day of the week other than- (a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and (ab) if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and (b) a day in the period commencing with 25 December in a year and ending with 2 January in the following year; and (c) if 1 January falls on a Friday, the following Monday; and (d) if 1 January falls on a Saturday or a Sunday, the following Monday and Tuesday. Compare: 1987 No 74 s 129O

195 Right of appeal in relation to subsequent claims for refugee or protection status (1) A person may appeal to the Tribunal against a decision by a refugee and protection officer- (a) under section 140(1) to refuse to consider a subsequent claim by the person to be recognised as a refugee or a protected person: (b) under section 140(3) to refuse to consider a subsequent claim by the person to be recognised as a refugee or a protected person, but only if the person's most recent previous claim was declined under Part 6A of the former Act. (2) A person may appeal to the Tribunal against a decision by a refugee and protection officer to decline a subsequent claim by the person to be recognised under any of sections 129, 130, and 131 as a refugee or a protected person (whether or not the refugee and protection officer recognised the person as a refugee or a protected person under the grounds set out in another of those sections, or both of those other sections). (3) An appeal under this section must be brought,- (a) if the person is in detention under Part 9, not later than 5 working days after the date on which the appellant is notified of the decision to which the appeal relates; or (b) in any other case, not later than 10 working days after the date on which the appellant was notified of the decision to which the appeal relates. (4) The Tribunal may, however, extend the time for lodging an appeal in any particular case if satisfied that special exceptional circumstances warrant an extension. (5) To avoid doubt, an appeal right arises under subsection (2) if a person's claim is declined on the grounds that the person has the protection of another country or has been recognised as a refugee by another country and can be received back and protected there without risk of being returned to a country where he or she would be at risk of circumstances that would give rise to grounds for his or her recognition as a refugee or a protected person in New Zealand. (6) Subsection (7) applies to a person who is entitled to appeal under this section and who either- (a) is liable for deportation and is entitled to a humanitarian appeal in respect of that liability; or (b) would be entitled to a humanitarian appeal in respect of his or her liability for deportation, if he or she became liable for deportation. (7) The person must lodge a humanitarian appeal at the same time as lodging an appeal under this section (and, in respect of a person to whom subsection (6)(b) applies, the humanitarian appeal must be conducted as if he or she were a person liable for deportation). If the person is- (a) successful on the appeal under this section, and the Tribunal goes on to consider the claim and grants the person recognition, it must dispense with its consideration of the person's humanitarian appeal: (b) successful on the appeal under this section, and the Tribunal goes on to consider the claim but declines the claim, it must consider the person's humanitarian appeal: (c) unsuccessful on the appeal under this section, the Tribunal must consider the person's humanitarian appeal. (8) If the person does not lodge a humanitarian appeal in accordance with subsection (7), the person is not entitled to a humanitarian appeal against his or her liability for deportation, whether the liability currently exists or may arise in the future. (9) To avoid doubt, nothing in subsection (8) applies to a person who- (a) complies with subsection (7); and (b) is successful on the appeal under this section; and (c) becomes liable for deportation for any reason at some future date. (10) In subsection (3), working day has the meaning given to it in section 194(9).

197 Determination of appeal against decision declining to accept for consideration certain claims of claim for recognition as refugee (1) Where an appeal is brought under section 194(1)(b), 194(1)(c), the Tribunal must— (a) determine the matter de novo; and (b) first determine whether 1 or more of the circumstances relating to the claim were brought about by the claimant— person has at any time acted— (i) acting otherwise than in good faith; and (ii) for a purpose of creating grounds for recognition under section 129. (2) For the purposes of determining the matter in subsection (1), (1)(b), the Tribunal must not treat the actions of any other person in relation to the claim or the claimant as a mitigating factor. (3) The Subsection (4) applies if the Tribunal may dismiss or allow finds that the appeal. person has at any time acted— otherwise than in good faith; and for a purpose of creating grounds for recognition under section 129. (4) If this subsection applies, the Tribunal allows Tribunal— may not determine that the appeal,— person is a refugee; and (a) it must determine, in the following order: whether to recognise the person as a protected person on the ground set out in section 130; and whether to recognise the person as a protected person on the ground set out in section 131. (5) If subsection (4) does not apply, the Tribunal must determine, in the following order: whether to recognise the person as a refugee on the ground set out in section 129; and whether to recognise the person as a protected person on the ground set out in section 130; and whether to recognise the person as a protected person on the ground set out in section 131. (6) The Tribunal must, in relation to the matters in subsections (4)(b)(i) and (ii) and (5)(b) and (c), determine whether there are serious reasons for considering that the person has— committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or committed a serious non-political crime; or been guilty of acts contrary to the purposes and principles of the United Nations. (7) The Tribunal may dismiss or allow the appeal, but may not refer the claim back to a refugee and protection officer for consideration; and reconsideration. (b) if (8) If the Tribunal allows an appeal relates in relation to a person to whom section 194(5) applies, it must, in accordance with section 194(6)(a), the Tribunal must dispense with its consideration of any humanitarian appeal lodged by the person. person in accordance with section 194(6)(a). (5) (9) To avoid doubt, nothing in subsection (1) (1), (4), (5), or (6) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant.

198 Determination of appeal against declining of claim for recognition, cancellation of recognition, or cessation of recognition (1) Where an appeal is brought under section 194(1)(c), (d), 194(1)(d) or (e), the Tribunal must- (a) determine the matter de novo; and (b) determine, in the following order: (i) whether to recognise the person as a refugee on the ground set out in section 129; and (ii) whether to recognise the person as a protected person on the ground set out in section 130; and (iii) whether to recognise the person as a protected person on the ground set out in section 131; and (c) in relation to the matters in paragraph (b)(ii) and (iii), determine whether there are serious reasons for considering that the claimant has- (i) committed a crime against peace, a war crime, or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or (ii) committed a serious non-political crime outside New Zealand before coming to New Zealand; or (iii) been guilty of acts contrary to the purposes and principles of the United Nations. (2) However, if the appeal is brought under section 194(1)(e) and relates to a decision to cancel recognition on the grounds that section 145(b)(i) or (iii) (or both) apply, the Tribunal must- (a) determine the matter de novo; and (b) determine whether either or both of the following apply: (i) recognition of the person as a refugee or a protected person may have been procured by fraud, forgery, false or misleading representation, or concealment of relevant information: (ii) the matters dealt with in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able to be properly considered by a refugee and protection officer for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information; and (c) if it finds that either or both of the matters under paragraph (b) do apply, determine the matters described in subsection (1)(b) and (c); and (d) if it does not find that either of the matters described in paragraph (b) applies, allow the appeal. (3) The Tribunal may dismiss or allow the appeal, but may not refer the claim back to a refugee and protection officer for reconsideration. (4) If the Tribunal allows an appeal in relation to a person to whom section 194(5) applies, the Tribunal must dispense with its consideration of any humanitarian appeal lodged by the person in accordance with section 194(6)(a). (5) To avoid doubt, nothing in subsection (1) requires the Tribunal to seek any information, evidence, or submissions further to those provided by the appellant.

199 After successful appeal, Minister to decide immigration status of protected person who may have committed certain crimes or been guilty of certain acts protected persons The Minister must make any decision about a person’s immigration status if the Tribunal has determined that— (a) that the person is a protected person; person and has found that— (b) the person has at any time acted— otherwise than in good faith; and for a purpose of creating grounds for recognition under section 129; or there are serious reasons under section 197(6) or 198(1)(c) for considering that the person has committed a crime, or been guilty of any act, described in that paragraph. provision.

200 Determination of appeal against refusal or declining of subsequent claim for recognition as refugee or protected person (other than where previous claim declined under former Act) (1) Where an appeal is brought under section 195(1)(a), 195(1)(a) or (2), the Tribunal must first consider— (a) determine whether there has been a significant change in circumstances material to the appellant’s claim since the previous claim was determined; and (b) if so, whether the change in 1 or more of the circumstances was brought about by the appellant— (i) acting otherwise than in good faith; and (ii) for a purpose of creating grounds for recognition under any of sections 129 to 131. determined. (2) The Tribunal must dismiss the appeal if it determines that— (a) finds that there is no has not been a significant change in circumstances; or (b) the change in 1 or more of the circumstances was brought about by the appellant— (i) acting otherwise than in good faith; and (ii) for a purpose of creating grounds for recognition under any of sections 129 to 131. circumstances. (3) The Tribunal must consider determine the claim for recognition in accordance with section 198(1) 197 if it— (a) determines it finds that there is has been a significant change in circumstances; and circumstances. (b) does not determine that (4) If the change Tribunal reverses a decision in 1 or more of relation to a person to whom section 195(6) applies, the circumstances was brought about Tribunal must dispense with its consideration of any humanitarian appeal lodged in accordance with section 195(7)(a) by the appellant— (i) acting otherwise than in good faith; and person. (ii) for a purpose 200A Determination of creating grounds appeal against refusal of subsequent claim for recognition as refugee or protected person: where previous claim declined under any of sections 129 to 131. former Act (4) (1) Where an appeal is brought under section 195(1)(b), 195(1)(b), the Tribunal must first consider determine whether the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim. (5) If the (2) The Tribunal determines must dismiss the appeal if it finds that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must dismiss the appeal. claim. (6) If the (3) The Tribunal must determine the subsequent claim for recognition in accordance with section 197 if it does not determine find that the subsequent claim is manifestly unfounded or clearly abusive, or repeats a previous claim, it must consider the claim for recognition in accordance with section 198(1). (7) Where an appeal is brought under section 195(2), the Tribunal must determine the matter in accordance with section 198(1), as if the appeal were an appeal to which that section applied. claim. (8) (4) If the Tribunal reverses a decision in relation to a person to whom section 195(6) applies, the Tribunal must dispense with its consideration of any humanitarian appeal lodged in accordance with section 195(7)(a) by the person.

201 Persons who may appeal to Tribunal on facts (1) The following persons may appeal to the Tribunal on the facts against their liability for deportation: (a) residents whose liability for deportation arises under section 155, 156(1)(b), 158(1)(b), 159, or 160: (b) permanent residents whose liability for deportation arises under section 155, 156(1)(b), 158(1)(b), or 160: (c) persons recognised as refugees or protected persons whose liability for deportation arises under section 162(1), other than persons described in subsection (2)(b). (2) The following persons may not appeal to the Tribunal on the facts against their liability for deportation: (a) residents or permanent residents whose liability for deportation arises under section 156(1)(a), 158(1)(a), 158(1)(a) or (1B)(a), 158(2), or 161: (b) persons whose liability for deportation arises under section 162(1) and who have been convicted or found guilty of, or pleaded guilty to, an offence where it is established that the person acquired recognition as a refugee or a protected person by fraud, forgery, false or misleading representation, or concealment of relevant information: (c) persons whose liability for deportation arises by way of a deportation order under section 163.

in the case of an appellant liable for deportation under section 158(1B)(b), the Tribunal is satisfied, on the balance of probabilities, that the person did not, personally or through an agent, provide fraudulent, forged, false, or misleading information, or conceal relevant information, in relation to the immigration matter:

202 Grounds for determining appeal on facts The Tribunal must allow an appeal against liability for deportation on the facts where,— (a) in the case of an appellant liable for deportation under section 155, the Tribunal is satisfied, on the balance of probabilities, that the resident visa or permanent resident visa was not granted as a result of an administrative error: (b) in the case of an appellant liable for deportation under section 156(1)(b), the Tribunal is satisfied, on the balance of probabilities, that the resident visa or permanent resident visa was not granted to the person in a false identity: (c) in the case of an appellant liable for deportation under section 158(1)(b)(i), the Tribunal is satisfied, on the balance of probabilities, that none of the information provided in relation to the person’s application, or purported application, for a residence class visa or entry permission was no fraudulent, forged, false, or misleading, misleading information was provided, and that no relevant information was concealed: concealed, in relation to the immigration matter: (ca) in the case of an appellant liable for deportation under section 158(1)(b)(ii), the Tribunal is satisfied, on the balance of probabilities, that none of the information provided in relation to the person’s, or any other person’s, application, appellant did not, personally or purported application, for a visa on the basis of which the residence class visa was granted was through an agent, provide fraudulent, forged, false, or misleading, and no misleading information, or conceal relevant information was concealed: (d) information, in the case of an appellant liable for deportation under section 159, the Tribunal is satisfied, on the balance of probabilities, that— (i) the conditions of the resident visa were met; or (ii) the resident has not materially breached relation to the conditions of his or her visa: immigration matter: (e) in the case of an appellant liable for deportation under section 160, 158(1)(b)(iii), the Tribunal is satisfied, on the balance of probabilities, that— (i) the new information was not material to the applicant’s character as at the time the visa was granted; or (ii) the person would have been eligible for the grant of the visa under this Act or immigration instructions: (f) in that the case of an appellant liable for deportation under section 162, the Tribunal is did not satisfied that— (i) the person’s recognition as a refugee or a protected benefit from another person may have been procured by fraud, forgery, false providing fraudulent, forged, false, or misleading representation, information, or concealment of concealing relevant information; or (ii) the matters dealt with information, in Articles 1D, 1E, and 1F of the Refugee Convention may not have been able relation to be properly considered by a refugee and protection officer (or a refugee status officer under the former Act) for any reason, including by reason of fraud, forgery, false or misleading representation, or concealment of relevant information. immigration matter:

206 Who may appeal to Tribunal on humanitarian grounds (1) The (2) Despite subsection (1), the following persons may not appeal to the Tribunal on humanitarian grounds against their liability for deportation: (a) a person liable for deportation under to whom section 154 on the grounds of being unlawfully in New Zealand: 115, 154(4) or (5), 210(2), or 216(2) applies: (b) a temporary visa holder or interim limited visa holder who is liable for deportation under section 155, 156, or 157: (c) a resident or permanent resident person— who is liable for deportation under section 155, 156, 158, 159, 160, or 161: 155; and (d) to whom section 155(5) applies: a person liable temporary visa holder or interim visa holder whose liability for deportation arises under section 162. 156(1)(a): (2) No a person may appeal to the Tribunal on humanitarian grounds— (a) against any whose liability for deportation arising from the expiry or cancellation of a limited visa; or arises under section 156(1)(b) and— (b) if he or she is who holds a person temporary visa or interim visa to whom which section 115, 154(5), 210(2), or 216(2) 156(2A)(a) applies; or (c) whose liability for deportation arises by way of a deportation order under to whom section 163; or 156(2A)(b) applies: (d) if he or she holds a limited temporary visa and holder or interim visa holder— who is liable for deportation under section 155, 156, or 157; or and (e) if the to whom section 157(4A) applies: a person is liable whose liability for deportation arises by way of a deportation order under section 155 because he or she re-entered New Zealand while subject to a period of prohibition on entry. 163: (3) No a person may appeal to the Tribunal on humanitarian grounds against his or her whose liability for deportation if arises from the person has— expiry or cancellation of a limited visa: (a) a person who failed to lodge a humanitarian appeal at the same time as lodging an appeal in relation to a claim or a subsequent claim, where he or she is if they are required to do so under this Act; or Act: (b) a person who has had a humanitarian appeal heard by the Tribunal in relation to a claim or a subsequent claim.

207 Grounds for determining humanitarian appeal (1) The Tribunal must allow an appeal against liability for deportation on humanitarian grounds only where it is satisfied that— (a) there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for the appellant to be deported from New Zealand; and (b) it would not in all the circumstances be contrary to the public interest to allow the appellant to remain in New Zealand. (2) In determining whether it would be unjust or unduly harsh to deport from New Zealand an appellant who became liable for deportation under section 161, and whether it would be contrary to the public interest to allow the appellant to remain in New Zealand, the Tribunal must have regard to to— any submissions of a victim made in accordance with section 208. 208; and Compare: 1987 No 74 ss 47(3), 105(1A) the nature and seriousness of the offence or offences— that the appellant— has been convicted of; or has been found guilty of; or has pleaded guilty to; and from which the liability for deportation arose; and any information available to the Tribunal on the views of a victim of that offence or any of those offences about whether the appellant should be allowed to remain in New Zealand. (2A) Subsection (2) does not prevent the Tribunal from having regard to the nature and seriousness of any other offence that the appellant— has been convicted of; or has been found guilty of; or has pleaded guilty to. (3) In this section, victim means a victim of an offence of a kind referred to in section 29 of the Victims’ Rights Act 2002.

208 Right of victims to make submission on appeal (1) In determining a humanitarian appeal by a person who becomes liable for deportation under section 161, the Tribunal must have regard to— (a) any written submissions made to it by a victim of an offence or offences if— (i) if the person who is liable for deportation— (A) has been convicted of the offence or offences; or (B) has been found guilty of the offence or offences; or (C) has pleaded guilty to the offence or offences; and (ii) the person’s liability for deportation arises from that offence or those offences; and (b) any relevant written submissions made by a victim to the Minister under section 173. (2) In addition to, or instead of, making written submissions under this section, the victim may, with the leave of the Tribunal, make oral submissions to the Tribunal at the hearing. (3) The Tribunal must make available to a lawyer or agent acting for the appellant, on a request by the appellant, a copy of all written submissions made by the victim under section 173 or this section. (4) The Tribunal, or a lawyer or agent acting for the appellant, must, on a request for the purpose, show the appellant a copy of all written submissions made by the victim under section 173 or this section. However, the appellant may not keep a copy of any of those submissions. (5) Despite subsections (3) and (4), the Tribunal may withhold from the appellant and every lawyer or agent acting for the appellant (if any) either or both of the following if, in the Tribunal’s opinion, that withholding is necessary to protect the physical safety or security of the victim concerned: (a) any part of the victim’s written submissions under section 173, whether or not that part was withheld by the Minister under section 173(4): (b) any part of the victim’s written submissions under this section. (6) Despite subsection (1), the Tribunal must not have regard to any part of the victim’s submissions that is withheld under subsection (5). (7) In this section, victim means a victim of an offence of a kind referred to in section 29 of the Victims’ Rights Act 2002.

272 Purpose of Part The purpose of this Part is— (a) to confer on immigration officers the power to obtain information in order to allow the Department to— (i) detect immigration fraud or misrepresentation: (ii) identify persons failing to comply with immigration-related obligations, including by breaching the conditions of their visas: (b) to confer on immigration officers powers to assist in locating persons who are or may be liable for deportation: (c) to authorise the Department to share information with other persons and agencies, to enable— (i) the persons and agencies to to— effectively administer and comply with certain legislation or legislation: effectively manage risks to New Zealand’s national interests: effectively prevent information-related harm: check a person’s eligibility for benefits or publicly funded services; services: effectively carry out certain other functions; and (ii) the Department to effectively administer this Act: (d) to confer on constables the powers described in paragraphs (a) Act and (b). carry out certain other functions:

280 Power of immigration officer to request require information and documents where liability for deportation or turnaround turnaround, or breach of visa conditions, suspected (1) If Subsections (2) and (3) apply if an immigration officer has good cause to suspect that a person person— is or may be liable for deportation or turnaround, the officer may, for turnaround; or is or may be breaching, or has or may have breached, the purpose conditions of establishing whether that is the case, request person’s visa. (2) The immigration officer may require the person to do 1 or more of the following things: things listed in subsection (3) for the purpose of establishing whether the person— (a) is or may be liable for deportation or turnaround; or is breaching, or has breached, the conditions of the person’s visa. (3) The things are as follows: supply the person’s full name (or names, if the person is known by more than 1 name), date of birth, country of birth, nationality, and residential address: (b) produce any identity documents for inspection: (c) surrender any identity document produced under paragraph (b): (d) if the person does not currently have in his or her their possession an identity document requested by the immigration officer, give details to the officer of where it can be found or who is holding it. (2) (4) Before acting under subsection (1), (2), the immigration officer must— (a) inform the person person— that he or she suspects they suspect that the person is or may be liable for deportation or turnaround; or that they suspect that the person is or may be breaching, or has or may have breached, the conditions of the person’s visa; and (b) warn inform the person of the basis for that suspicion; and warn the person that, if the person fails without reasonable excuse to comply with his or her their request, the person is liable to arrest and detention under this Act. Compare: 1987 No 74 s 138A(1), (2) (5) If an immigration officer has good cause to suspect that a person is liable for deportation or turnaround, the immigration officer may also require the person to surrender any identity document produced under subsection (3)(b). (6) Before acting under subsection (5), the immigration officer must inform the person that they suspect that the person is liable for deportation or turnaround. (7) An immigration officer who exercises a power under this section must, as soon as practicable after doing so, record in writing— a summary of the circumstances surrounding the exercise of the power; and their basis for holding the suspicion required for the exercise of the power. 280A Departmental annual report to record exercise of power to require information and documents under section 280 The chief executive must include in every annual report prepared by the chief executive for the purposes of section 43 of the Public Finance Act 1989 the following information in respect of the financial year that is being reported on: in respect of each of the following powers, the number of occasions on which immigration officers exercised the power: the power conferred by section 280(2): the power conferred by section 280(5); and a breakdown by nationality, gender, and age range of the persons who were required by immigration officers to do any of the things in section 280(3) and (5); and in respect of each of the following actions, the number of occasions that the action was taken as a result of the exercise of either or both of the powers referred to in paragraph (a): a deportation liability notice was served: a deportation order was served: an investigation was commenced by the Department: a warning was issued by an immigration officer: an infringement notice was issued under section 362: a charging document was filed under section 14 of the Criminal Procedure Act 2011 by an immigration officer; and the number of complaints relating to the exercise of either or both of the powers referred to in paragraph (a) received by the Department; and a breakdown of the outcomes of those complaints.

281 Power to require information from person liable for deportation or turnaround Where a person is liable for deportation or turnaround, an immigration officer may require the person to- (a) do any of the things in section 280(1); 280(3) and (5); and (b) produce and surrender any travel tickets, or cash or security in lieu of travel tickets, held by the person.

294AAC Information sharing agreements: definitions In this section and sections 294AAD to 294AAH,— authenticator means information or another thing (for example, a password or a fingerprint) that— is known to, or is possessed or controlled by, a person; and is securely linked to the person during an interaction with a service; and can be used by the person during subsequent interactions with the service to prove that they are the same person database, in relation to a government agency or non-government organisation, means any information recording system or facility used by the government agency or non-government organisation to store or process information digital credential means a digital record that— combines an authenticator and securely linked personal or organisational information; and a relying party or another person can rely on without verifying the information direct access, in relation to a database, means to do either or both of the following (whether remotely or otherwise): search the database: copy any information stored in the database New Zealand private sector agency has the meaning given to it by section 7(1) of the Privacy Act 2020 non-government organisation means an incorporated or unincorporated body that is— a New Zealand private sector agency; or an overseas agency that carries on business in New Zealand (within the meaning of section 4(3) of the Privacy Act 2020) overseas agency has the meaning given to it by section 9 of the Privacy Act 2020 personal or organisational information has the meaning given to it by section 5 of the Digital Identity Services Trust Framework Act 2023 relying party has the meaning given to it by section 5 of the Digital Identity Services Trust Framework Act 2023 securely linked, in relation to information or another thing, means linked securely to the correct person by means of 1 or more checks that the information or other thing relates to that particular person service includes a product. 294AAD Information sharing agreements: purpose of sections 294AAE to 294AAI The purpose of sections 294AAE to 294AAI is to facilitate— the disclosure of information by the Department to— another government agency; or a New Zealand court or New Zealand tribunal; or a non-government organisation; and the disclosure of information to the Department by— another government agency; or a non-government organisation. 294AAE Information sharing agreements: authorised disclosures of information (1) The chief executive of the Department may disclose information, in accordance with a written information sharing agreement entered into under section 294AAF (as varied under section 294AAI, if applicable), to— the chief executive of another government agency; or a New Zealand court or New Zealand tribunal; or a non-government organisation. (2) Any of the following may, in accordance with a written information sharing agreement entered into under section 294AAF (as varied under section 294AAI, if applicable), disclose information to the chief executive of the Department: the chief executive of a government agency (other than the Department): a non-government organisation. 294AAF Information sharing agreements: making (1) The chief executive of the Department may enter into a written information sharing agreement with— the chief executive of another government agency; or a New Zealand court or New Zealand tribunal; or a non-government organisation. (2) Before entering into an information sharing agreement under this section, the chief executive of the Department must consult the Privacy Commissioner on the proposed agreement. 294AAG Information sharing agreements: contents An information sharing agreement entered into under section 294AAF (as varied under section 294AAI, if applicable)— must, for each party to the agreement,— state the classes or types of information that may be disclosed under the agreement by the party to the other party; and state the use that the party may make of information disclosed to it under the agreement; and state the requirements relating to storage, retention, and disposal of information disclosed to the party under the agreement, including any such requirements imposed by or under any Act or rule of law; and state the persons or classes of persons who may access information disclosed to the party under the agreement; and either— state that the party must not disclose information disclosed to it under the agreement to any other agencies, bodies, or persons; or state the other agencies, bodies, or persons to which the party may disclose information disclosed to it under the agreement, the extent to which the party may disclose the information, and the conditions subject to which the party may disclose the information; or state that the party may disclose information disclosed to it under the agreement to other agencies, bodies, or persons in accordance with information privacy principle 11 set out in section 22 of the Privacy Act 2020 (as modified by any relevant code of practice issued under section 32 of that Act): must, for each class or type of information that may be disclosed under the agreement to the chief executive of the Department by the other party to the agreement,— specify the purpose or purposes, which must be listed in section 294AAH, for which the other party may disclose information of that class or type to the chief executive of the Department under the agreement; and provide that the other party may disclose information of that class or type to the chief executive of the Department under the agreement only if the disclosure is for that specified purpose or 1 or more of those specified purposes: must, if the chief executive of a government agency (other than the Department) or a New Zealand court or New Zealand tribunal is a party to the agreement, for each class or type of information that may be disclosed under the agreement by the chief executive of the Department to the other party,— specify the purpose or purposes, which must be listed in section 294AAH, for which the chief executive of the Department may disclose information of that class or type to the other party under the agreement; and provide that the chief executive of the Department may disclose information of that class or type to the other party under the agreement only if the disclosure is for that specified purpose or 1 or more of those specified purposes: must, if it is between the chief executive of the Department and a non-government organisation, provide that information may be disclosed under the agreement by the chief executive of the Department to the non-government organisation only if the disclosure is for either or both of the following purposes: assisting the non-government organisation to manage risks to New Zealand’s national interests: assisting the non-government organisation to prevent information-related harm: must, if it is between the chief executive of the Department and a non-government organisation,— specify the types of information-related harm (if any) (for example, identity theft and identity fraud) that disclosure of information under the agreement by the chief executive of the Department to the non-government organisation is intended to prevent; and provide that information may be disclosed under the agreement by the chief executive of the Department to the non-government organisation only if the disclosure is for either or both of the following purposes: assisting the non-government organisation to manage risks to New Zealand’s national interests: assisting the non-government organisation to prevent information-related harm of a type specified under subparagraph (i): may state the form in which information may be disclosed under the agreement by a party to the agreement to the other party: may state the method by which information may be disclosed under the agreement by a party to the agreement (the holder) to the other party, which may be by direct access to a database or databases of the holder: must, if it permits direct access by a party to the agreement to a database of the other party,— require that a record be kept of— every occasion on which persons directly access the database under the agreement; and the identity of each person who directly accessed the database under the agreement; and the information obtained by direct access to the database under the agreement; and state the consequences or possible consequences of non-compliance with the agreement: must provide for the agreement to be reviewed and specify details relating to the review of the agreement: must, if the Privacy Commissioner requires, provide that the agreement, and the arrangements for disclosure under it, be the subject of reports to the Privacy Commissioner by the chief executive of the Department at intervals of no less than 12 months. 294AAH Information sharing agreements: authorised purposes for disclosure The purposes that may be specified under section 294AAG(b)(i) or (c)(i) are as follows: assisting the recipient to establish or verify the identity of a person in accordance with the recipient’s functions: assisting the recipient to check matters relating to the character of a person in accordance with the recipient’s functions: assisting the recipient to issue digital credentials: assisting the recipient to carry out its functions related to, or involving, the processing of international passengers: assisting the recipient to carry out its functions related to, or involving, the protection of border security: assisting the recipient to carry out its functions related to, or involving, the protection of national security: assisting the recipient to carry out its functions related to, or involving, the protection of public revenue: assisting the recipient to carry out its functions related to, or involving, the protection of public health and safety: assisting the recipient to carry out its functions related to, or involving, the prevention, detection, investigation, prosecution, or punishment of offences: assisting the recipient to carry out its functions related to, or involving, the prevention, detection, or investigation of any potential, suspected, or actual— terrorist act; or facilitation of a terrorist act. 294AAHA Information sharing agreements: contents of reports to Privacy Commissioner A report referred to in section 294AAG(i) must include the matters prescribed in regulations made under section 400(1)(kb) that the Privacy Commissioner specifies after having regard to— the costs of reporting; and the degree of public interest in information about the matters prescribed in those regulations; and the significance of the privacy implications of the agreement. 294AAI Information sharing agreements: varying (1) An information sharing agreement entered into under section 294AAF may be varied by written agreement between the chief executive of the Department and the other party to the agreement. (2) Before varying the agreement, the chief executive of the Department must consult the Privacy Commissioner on the proposed variation. (3) A variation of an information sharing agreement entered into under section 294AAF must be in writing. 294AAJ Information sharing agreements: publication (1) This section applies to an information sharing agreement entered into under section 294AAF. (2) The agreement, and all variations of the agreement, must be published on an Internet site operated by the Department. (3) However, subsection (2) does not apply to— an agreement or a variation of an agreement that could properly be withheld in accordance with the provisions of the Official Information Act 1982, were a request to be made for it under that Act: a part of an agreement or a variation of an agreement that could properly be withheld in accordance with the provisions of the Official Information Act 1982, were a request to be made for it under that Act. (4) If, in reliance on subsection (3)(a), the agreement or a variation of the agreement is not published, a summary of the agreement or variation must be published on an Internet site operated by the Department. (5) If, in reliance on subsection (3)(b), a part of the agreement or a variation of the agreement is not published, a summary of the part must be published on an Internet site operated by the Department.

301 Disclosure of immigration information to verify eligibility for publicly funded services (1) The purpose of this section is to facilitate the disclosure of information by the Department to a provider of any benefit or publicly funded service to enable the service provider to determine— determine,— (a) a person’s eligibility for access to in the publicly funded service; or (b) where case of a person is being or has been provided with the publicly funded service, the benefit, a person’s liability eligibility to pay for receive the service provided. benefit: (2) For in the purpose case of this section, an authorised officer may supply to the chief executive any identifying information about— (a) a person who seeks access to a publicly funded service; or service,— (b) a person person’s eligibility for whom access is sought to a the publicly funded service; or (c) a person who is receiving or has received a publicly funded service. (3) If identifying information is supplied under subsection (2), the chief executive may disclose to an authorised officer, for the purpose of this section, any of the following information: (a) identifying information about the person: (b) the person’s immigration status, including— (i) the start date of any visa granted to the person: (ii) the expiry date of any visa granted to the person: (iii) the date on which the person was granted entry permission: (iv) the conditions, if any, relating to the person’s immigration status: (v) any changes to the person’s immigration status, and the dates of the changes: (vi) any action taken under this Act in relation to the person, and the date of the action: (c) the date or dates on which the person leaves or has left New Zealand: (d) the start date of any permit granted to the person under the former Act: (e) the expiry date of any permit granted to the person under the former Act: (f) if the person was exempt from the requirement to hold a permit under the former Act, the period of that exemption: (g) if relevant to the matter to be determined by the service provider,— (i) the immigration status of an associated person (for example, the person’s spouse, civil union partner, de facto partner, or parent), including— (A) the start date of any visa granted to the associated person: (B) the expiry date of any visa granted to the associated person: (C) the date on which the associated person was granted entry permission: (D) the conditions, if any, relating to the associated person’s immigration status: (E) any changes to the associated person’s immigration status, and the dates of the changes: (F) any action taken under this Act in relation to the associated person, and the date of the action: (ii) the date or dates on which the associated person leaves is being or has left New Zealand: (iii) the start date of any permit granted to the associated person under the former Act: (iv) the expiry date of any permit granted to the associated person under the former Act: (v) if the associated person was exempt from the requirement to hold a permit under the former Act, the period of that exemption. (4) The disclosure of information under subsection (3) must be in accordance with an agreement between the chief executive and the service provider concerned that complies been provided with subsections (5) and (6). (5) For the purposes of subsection (4), an agreement— (a) must be in writing; and (b) must state criteria for the disclosure of information under it; and (c) must state, in respect of the information to be disclosed,— (i) the use the service provider may make of it; and (ii) either— (A) that the service provider must not disclose it to any other agencies, bodies, or persons; or (B) the other agencies, bodies, or persons to which the service provider may disclose any of it, and the extent to which and conditions subject to which the service provider may do so; and (d) may state— (i) the form in which information may be disclosed: (ii) the method by which information may be disclosed; and (e) may be varied. (6) The chief executive must consult the Privacy Commissioner before entering into or varying an agreement under this section. (7) If the Privacy Commissioner so requires, the service provider must undertake a review of an arrangement under this section, and the way in which information is disclosed under it, and report the result to the Commissioner as soon as practicable after conducting the review. (8) The Privacy Commissioner must not require the service provider to undertake a review under subsection (7) within 12 months of last doing so. (9) Where the Department has obtained information about a person from a service provider under this section, the Department must not use that information for the purpose of taking adverse action against the person. (10) The service provider must ensure that each of its annual reports includes information in relation to any agreements between the chief executive and a service provider under this section, including information about— (a) the number of agreements; and (b) an outline of each agreement; and (c) the number of cases in which the accuracy of the information disclosed by the chief executive was challenged. (11) In this section,— authorised officer means any officer, employee, or agent of the service provider who is authorised by the service provider to supply information to, or receive information from, the chief executive under this section identifying information means personal information that identifies an individual, which may include the person’s full name, date and place of birth, gender, and any known alias publicly funded service means a service where eligibility for access to service, the service or person’s liability to pay for the service— (a) is determined by or under a statute; and (b) is related to, or affected by, a person’s immigration status service provider means a person, including a government agency, providing, or arranging the provision of, a publicly funded service. provided.

301 Disclosure of immigration information to verify eligibility for publicly funded services (1) The purpose of this section is to facilitate the disclosure of information by the Department to a provider of any publicly funded service to enable the service provider to determine— (a) a person’s eligibility for access to the publicly funded service; or (b) where a person is being or has been provided with the publicly funded service, the person’s liability to pay for the service provided. (2) For the purpose of this section, an authorised officer may supply to the chief executive any identifying information about— (a) a person who seeks access to a publicly funded service; or seeks— (b) a person for whom access is sought to a publicly funded service; or (c) a person who is receiving or has received a publicly funded service. (3) If identifying information is supplied under subsection (2), the chief executive may disclose to an authorised officer, for the purpose of this section, any of the following information: (a) identifying information about the person: (b) the person’s immigration status, including— (i) the start date of any visa granted to the person: (ii) the expiry date of any visa granted to the person: (iii) the date on which the person was granted entry permission: (iv) the conditions, if any, relating to the person’s immigration status: (v) any changes to the person’s immigration status, and the dates of the changes: (vi) any action taken under this Act in relation to the person, and the date of the action: (c) the date or dates on which the person leaves or has left New Zealand: (d) the start date of any permit granted to the person under the former Act: (e) the expiry date of any permit granted to the person under the former Act: (f) if the person was exempt from the requirement to hold a permit under the former Act, the period of that exemption: (g) if relevant to the matter to be determined by the service provider,— (i) the immigration status of an associated person (for example, the person’s spouse, civil union partner, de facto partner, or parent), including— (A) the start date of any visa granted to the associated person: (B) the expiry date of any visa granted to the associated person: (C) the date on which the associated person was granted entry permission: (D) the conditions, if any, relating to the associated person’s immigration status: (E) any changes to the associated person’s immigration status, and the dates of the changes: (F) any action taken under this Act in relation to the associated person, and the date of the action: (ii) the date or dates on which the associated person leaves or has left New Zealand: (iii) the start date of any permit granted to the associated person under the former Act: (iv) the expiry date of any permit granted to the associated person under the former Act: (v) if the associated person was exempt from the requirement to hold receive a permit under the former Act, the period of that exemption. (4) The disclosure of information under subsection (3) must be in accordance with an agreement between the chief executive and the service provider concerned that complies with subsections (5) and (6). (5) For the purposes of subsection (4), an agreement— (a) must be in writing; and (b) must state criteria for the disclosure of information under it; and (c) must state, in respect of the information to be disclosed,— (i) the use the service provider may make of it; and (ii) either— (A) that the service provider must not disclose it to any other agencies, bodies, or persons; or (B) the other agencies, bodies, or persons to which the service provider may disclose any of it, and the extent to which and conditions subject to which the service provider may do so; and (d) may state— (i) the form in which information may be disclosed: (ii) the method by which information may be disclosed; and (e) may be varied. (6) The chief executive must consult the Privacy Commissioner before entering into benefit; or varying an agreement under this section. (7) If the Privacy Commissioner so requires, the service provider must undertake a review of an arrangement under this section, and the way in which information is disclosed under it, and report the result to the Commissioner as soon as practicable after conducting the review. (8) The Privacy Commissioner must not require the service provider to undertake a review under subsection (7) within 12 months of last doing so. (9) Where the Department has obtained information about a person from a service provider under this section, the Department must not use that information for the purpose of taking adverse action against the person. whom— (10) The service provider must ensure that each of its annual reports includes information in relation access to any agreements between the chief executive and a service provider under this section, including information about— (a) the number of agreements; and (b) an outline of each agreement; and (c) the number of cases in which the accuracy of the information disclosed by the chief executive was challenged. (11) In this section,— authorised officer means any officer, employee, or agent of the publicly funded service provider who is authorised by the service provider to supply information to, sought; or receive information from, the chief executive under this section identifying information means personal information that identifies an individual, which may include the person’s full name, date and place receipt of birth, gender, and any known alias publicly funded service means a service where eligibility for access to the service or liability to pay for the service— (a) benefit is determined by sought; or under a statute; and (b) a person who is related to, receiving or affected by, a person’s immigration status service provider means a person, including has received a government agency, providing, benefit or arranging the provision of, a publicly funded service.

301 Disclosure of immigration information to verify eligibility for publicly funded services s (1) The purpose of this section is to facilitate the disclosure of information by the Department to a provider of any publicly funded service to enable the service provider to determine- (a) a person's eligibility for access to the publicly funded service; ; or (b) where a person is being or has been provided with the publicly funded service, , the person's liability to pay for the service provided. (2) For the purpose of this section, an authorised officer may supply to the chief executive any identifying information about- (a) a person who seeks access to a publicly funded service; ; or (b) a person for whom access is sought to a publicly funded service; ; or (c) a person who is receiving or has received a publicly funded service. . (3) If identifying information is supplied under subsection (2), the chief executive may disclose to an authorised officer, for the purpose of this section, any of the following information: (a) identifying information about the person: (b) the person's immigration status, including- (i) the start date of any visa granted to the person: (ii) the expiry date of any visa granted to the person: (iii) the date on which the person was granted entry permission: (iv) the conditions, if any, relating to the person's immigration status: (v) any changes to the person's immigration status, and the dates of the changes: (vi) any action taken under this Act in relation to the person, and the date of the action: (c) the date or dates on which the person leaves or has left New Zealand: (d) the start date of any permit granted to the person under the former Act: (e) the expiry date of any permit granted to the person under the former Act: (f) if the person was exempt from the requirement to hold a permit under the former Act, the period of that exemption: (g) if relevant to the matter to be determined by the service provider,- (i) the immigration status of an associated person (for example, the person's spouse, civil union partner, de facto partner, or parent), including- (A) the start date of any visa granted to the associated person: (B) the expiry date of any visa granted to the associated person: (C) the date on which the associated person was granted entry permission: (D) the conditions, if any, relating to the associated person's immigration status: (E) any changes to the associated person's immigration status, and the dates of the changes: (F) any action taken under this Act in relation to the associated person, and the date of the action: (ii) the date or dates on which the associated person leaves or has left New Zealand: (iii) the start date of any permit granted to the associated person under the former Act: (iv) the expiry date of any permit granted to the associated person under the former Act: (v) if the associated person was exempt from the requirement to hold a permit under the former Act, the period of that exemption. (4) The disclosure of information under subsection (3) must be in accordance with an agreement between the chief executive and the service provider concerned that complies with subsections (5) and (6). (5) For the purposes of subsection (4), an agreement- (a) must be in writing; and (b) must state criteria for the disclosure of information under it; and (c) must state, in respect of the information to be disclosed,- (i) the use the service provider may make of it; and (ii) either- (A) that the service provider must not disclose it to any other agencies, bodies, or persons; or (B) the other agencies, bodies, or persons to which the service provider may disclose any of it, and the extent to which and conditions subject to which the service provider may do so; and (d) may state- (i) the form in which information may be disclosed: (ii) the method by which information may be disclosed; and (e) may be varied. (6) The chief executive must consult the Privacy Commissioner before entering into or varying an agreement under this section. (7) If the Privacy Commissioner so requires, the service provider must undertake a review of an arrangement under this section, and the way in which information is disclosed under it, and report the result to the Commissioner as soon as practicable after conducting the review. (8) The Privacy Commissioner must not require the service provider to undertake a review under subsection (7) within 12 months of last doing so. (9) Where the Department has obtained information about a person from a service provider under this section, the Department must not use that information for the purpose of taking adverse action against the person. (10) The service provider must ensure that each of its annual reports includes information in relation to any agreements between the chief executive and a service provider under this section, including information about- (a) the number of agreements; and (b) an outline of each agreement; and (c) the number of cases in which the accuracy of the information disclosed by the chief executive was challenged. (11) In this section,- authorised officer means any officer, employee, or agent of the service provider who is authorised by the service provider to supply information to, or receive information from, the chief executive under this section identifying information means personal information that identifies an individual, which may include the person's full name, date and place of birth, gender, and any known alias publicly funded service means a service where eligibility for access to the service or liability to pay for the service- - (a) is determined by or under a statute; and (b) is related to, or affected by, a person's immigration status service provider means a person, including a government agency, providing, or arranging the provision of, a publicly funded service. .

authorised officer means any officer, employee, or agent of the service provider who is authorised by the service provider to supply information to, or receive information from, the chief executive under this section

301 Disclosure of immigration information to verify eligibility for publicly funded services (1) The purpose of this section is to facilitate the disclosure of information by the Department to a provider of any publicly funded service to enable the service provider to determine- (a) a person's eligibility for access to the publicly funded service; or (b) where a person is being or has been provided with the publicly funded service, the person's liability to pay for the service provided. (2) For the purpose of this section, an authorised officer may supply to the chief executive any identifying information about- (a) a person who seeks access to a publicly funded service; or (b) a person for whom access is sought to a publicly funded service; or (c) a person who is receiving or has received a publicly funded service. (3) If identifying information is supplied under subsection (2), the chief executive may disclose to an authorised officer, for the purpose of this section, any of the following information: (a) identifying information about the person: (b) the person's immigration status, including- (i) the start date of any visa granted to the person: (ii) the expiry date of any visa granted to the person: (iii) the date on which the person was granted entry permission: (iv) the conditions, if any, relating to the person's immigration status: (v) any changes to the person's immigration status, and the dates of the changes: (vi) any action taken under this Act in relation to the person, and the date of the action: (c) the date or dates on which the person leaves or has left New Zealand: (d) the start date of any permit granted to the person under the former Act: (e) the expiry date of any permit granted to the person under the former Act: (f) if the person was exempt from the requirement to hold a permit under the former Act, the period of that exemption: (g) if relevant to the matter to be determined by the service provider,- (i) the immigration status of an associated person (for example, the person's spouse, civil union partner, de facto partner, or parent), including- (A) the start date of any visa granted to the associated person: (B) the expiry date of any visa granted to the associated person: (C) the date on which the associated person was granted entry permission: (D) the conditions, if any, relating to the associated person's immigration status: (E) any changes to the associated person's immigration status, and the dates of the changes: (F) any action taken under this Act in relation to the associated person, and the date of the action: (ii) the date or dates on which the associated person leaves or has left New Zealand: (iii) the start date of any permit granted to the associated person under the former Act: (iv) the expiry date of any permit granted to the associated person under the former Act: (v) if the associated person was exempt from the requirement to hold a permit under the former Act, the period of that exemption. (4) The disclosure of information under subsection (3) must be in accordance with an agreement between the chief executive and the service provider concerned that complies with subsections (5) and (6). (5) For the purposes of subsection (4), an agreement- (a) must be in writing; and (b) must state criteria for the disclosure of information under it; and (c) must state, in respect of the information to be disclosed,- (i) the use the service provider may make of it; and (ii) either- (A) that the service provider must not disclose it to any other agencies, bodies, or persons; or (B) the other agencies, bodies, or persons to which the service provider may disclose any of it, and the extent to which and conditions subject to which the service provider may do so; and (d) may state- (i) the form in which information may be disclosed: (ii) the method by which information may be disclosed; and (e) may be varied. (6) The chief executive must consult the Privacy Commissioner before entering into or varying an agreement under this section. (7) If the Privacy Commissioner so requires, the service provider must undertake a review of an arrangement under this section, and the way in which information is disclosed under it, and report the result to the Commissioner as soon as practicable after conducting the review. (8) The Privacy Commissioner must not require the service provider to undertake a review under subsection (7) within 12 months of last doing so. (9) Where the Department has obtained information about a person from a service provider under this section, the Department must not use that information for the purpose of taking adverse action against the person. (10) The service provider must ensure that each of its annual reports includes information in relation to any agreements between the chief executive and a service provider under this section, including information about- (a) the number of agreements; and (b) an outline of each agreement; and (c) the number of cases in which the accuracy of the information disclosed by the chief executive was challenged. (11) In this section,- authorised officer means any officer, employee, or agent of the service provider who is authorised by the service provider to supply information to, or receive information from, the chief executive under this section identifying information means personal information that identifies an individual, which may include the person's full name, date and place of birth, gender, and any known alias publicly funded service means a service where eligibility for access to the service or liability to pay for the service- (a) is determined by or under a statute; and (b) is related to, or affected by, a person's immigration status service provider means a person, including a government agency, providing, or arranging the provision of, a publicly funded service. benefit means a payment where eligibility to receive the payment is- determined by or under legislation; and related to, or affected by, a person's immigration status provider,- in relation to a benefit, means a person, including a government agency, responsible for determining eligibility to receive the benefit: in relation to a publicly funded service, means a person, including a government agency, providing, or arranging the provision of, the publicly funded service

service provider means a person, including a government agency, providing, or arranging the provision of, a publicly funded service.

302 Disclosure of information to enable Department to check identity, character, and status (1) The purpose of this section is to facilitate the disclosure of information by a specified agency to the Department to enable the Department to— (a) establish or verify a person’s identity: (b) check matters relating to a person’s character: (c) ascertain whether a person is an excluded person. (2) For the purposes of this section, the chief executive of the Department may supply identifying information about the following persons to the chief executive of the specified agency: (a) a person who holds a visa: (b) a person to whom a visa waiver applies: (c) a person who applies for a visa: (d) a person who applies for entry permission: (e) a person who is deemed to have been granted entry permission: (f) a person who travels to New Zealand, including as a member of the crew of a craft, and does not enter New Zealand as a New Zealand citizen: (g) a person about whom the chief executive has received and retained information under section 96 or 102 and who does not enter New Zealand as a New Zealand citizen: (h) a person liable for turnaround or who the chief executive of the Department suspects is liable for turnaround: (i) a person who the chief executive of the Department believes is unlawfully in New Zealand: (j) a person who may be, or may become as a result of investigations, liable for deportation. (3) The chief executive of the specified agency may compare the information he or she receives with information that the specified agency holds about the person. (4) If the specified agency holds information about the person, the chief executive of the specified agency may supply the information described in subsection (5) to an authorised officer under an agreement to which subsection (6) applies. (5) The information is— (a) the person’s identifying information: (b) the person’s previous convictions: (c) the person’s modus operandi: (d) details of the person’s known or suspected involvement in illegal activities: (e) details of the person’s known currency and other financial transactions of relevant interest, including known or suspected involvement in money laundering: (f) intelligence analysis assessments of and reports about the person: (g) details of communications interceptions involving the person: (h) the person’s general history known to the specified agency (which may include information about associates and networks): (i) the person’s past travel movements. (6) The following provisions apply to an agreement: Making (a) it must not be made until the chief executive of the specified agency has consulted the Privacy Commissioner about it: (b) it must be made between the chief executive of the specified agency and the chief executive of the Department: (c) it must be in writing: Contents (d) it must state the criteria for the disclosure under it of information by the specified agency to the Department: (e) it must state the use that the Department may make of the information disclosed to it: (f) it must— (i) state that the Department must not disclose the information disclosed to it to any other agencies, bodies, or persons; or (ii) state the other agencies, bodies, or persons to which the Department may disclose information disclosed to it, the extent to which the Department may disclose the information, and the conditions subject to which the Department may disclose the information: (g) it may state the form in which the information may be disclosed: (h) it may state the method by which the information may be disclosed: Varying (i) it may be varied: (j) it must not be varied until the chief executive of the specified agency has consulted the Privacy Commissioner about the variation: Reviews and reports (k) it, and the arrangements for disclosure under it, must be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the Department at intervals of no less than 12 months, if the Privacy Commissioner so requires. (7) The chief executive of the Department must ensure that each annual report of the Department includes information about agreements between the chief executive of the Department and the chief executive of the specified agency under this section, including— (a) the number of agreements; and (b) an outline of each agreement; and (c) the number of cases in which the accuracy of the information disclosed by the chief executive of the specified agency was challenged. (8) In this section,— authorised officer means an officer, employee, or agent of the Department who is authorised by the chief executive of the Department to receive information from the chief executive of the specified agency in accordance with this section chief executive of the specified agency includes the Commissioner of Police identifying information means a person’s— (a) full name: (b) date and place of birth: (c) gender: (d) unique identifying number used by the Department: (e) unique identifying number used by the specified agency: (f) biometric information: (g) alias or aliases: (h) address: (i) distinguishing features: (j) details of travel documents: (k) details of identity documents: (l) citizenship: (m) nationality specified agency means— (a) the New Zealand Police: (b) the Ministry of Justice: (c) the department of State responsible for the administration of the Biosecurity Act 1993: (d) the department of State responsible for the administration of the Corrections Act 2004: (e) the department of State responsible for the administration of the Customs and Excise Act 2018.

309 Persons liable to arrest and detention (1) The following persons are liable to arrest and detention under this Part: who— (a) persons who are liable for turnaround: an immigration officer or a constable suspects— (b) persons who are or may be liable for deportation (including persons recognised as refugees or protected persons but whose deportation is not prohibited under section 164(3) turnaround; or (4)): (c) persons who are suspected by an immigration officer or a constable to may be liable for deportation breaching, or turnaround have or may have breached, the conditions of their visa; and who fail to supply satisfactory evidence of their identity when requested required under section 280: (d) persons who are, on reasonable grounds, suspected by an immigration officer or a constable of constituting a threat or risk to security. (2) The following persons are not liable to arrest and detention under this Part: (a) persons who are recognised as refugees, except those whose deportation is not prohibited under section 164(3): (b) persons who are recognised as protected persons, except those whose deportation is not prohibited under section 164(4).

310 Purpose for which arrest and detention powers may be exercised The powers of arrest and detention under this Part may be exercised for the following purposes: (a) in the case of a person liable for turnaround, to detain the person in order to place him or her on the first available craft leaving New Zealand: (b) in the case of a person liable for deportation,— (i) to detain the person pending the making of a deportation order, including during the completion of any appeal brought by the person against his or her liability for deportation; or (ii) to deport the person following the making of a deportation order by placing him or her on the first available craft leaving New Zealand: (c) in the case of a person who is suspected by an immigration officer or a constable to suspects is or may be liable for deportation or turnaround turnaround, and who fails to supply satisfactory evidence of his or her their identity when requested required under section 280, to detain the person pending satisfactory establishment of the person’s identity: (d) in the case of a person— (i) person who is suspected of constituting a threat an immigration officer or risk to security, to detain the person pending the making of a deportation order; or (ii) who constable suspects is subject to a deportation order under section 163, to deport the person by placing him or her on the first available craft leaving New Zealand: (e) in the case of a person who may be breaching, or has breached residence and reporting requirements agreed under section 315 or may have breached, the conditions imposed of their visa, and who fails to supply satisfactory evidence of their identity when requested required under section 324F, 280, to detain the person pending a determination by a District Court Judge under section 317, 317AA, 318, or 324F. satisfactory establishment of the person’s identity:

315 Person may instead agree to residence and reporting requirements (1) Rather than causing a person who is liable for arrest and detention to be arrested under section 313, or making an application for a warrant of commitment under section 316, an immigration officer and the person liable for arrest and detention may agree that the person will do all or any of the following things: (a) reside at a specified place: (b) report to a specified place at specified periods or times in a specified manner: (c) provide a guarantor who is responsible for— (i) ensuring the person complies with any requirements agreed under this section; and (ii) reporting any failure by the person to comply with those requirements: (d) if the person is a claimant, attend any required interview with a refugee and protection officer or hearing with the Tribunal: (e) undertake any other action for the purpose of facilitating the person’s deportation or departure from New Zealand. (2) A decision as to whether to offer or agree residence and reporting requirements under subsection (1) is a matter for the absolute discretion of an immigration officer. (3) An immigration officer may at any time vary any residence or reporting requirements under this section at the request or with the agreement of the person. (4) The agreement or variation of any residence or reporting requirements must be in writing and must— (a) list any requirements agreed under subsection (1) or (3); and (b) include a warning that, if the person fails to comply with any agreed requirement, the person may be detained under section 312 or arrested and detained under section 313. (5) An immigration officer may at any time, in the officer’s absolute discretion, decide to end any agreement made under subsection (1). (6) A person may be detained under section 312 or arrested and detained under section 313— (a) if an immigration officer determines that the person, without reasonable excuse,— (i) has failed to reside at the specified place; or (ii) has failed to comply with other agreed requirements; or (b) if an immigration officer ends an agreement under subsection (5); or (c) in order to execute a deportation order or place the person on the first available craft leaving New Zealand. (7) An agreement under this section lapses and the person ceases to be bound by it when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under this Part. Compare: 1987 No 74 s 98

315 Person may instead agree to residence and reporting requirements (1) Rather than causing a person who is liable for arrest and detention to be arrested under section 313, or making an application for a warrant of commitment under section 316, an immigration officer and the person liable for arrest and detention may agree that the person will do all or any of the following things: (a) reside at a specified place: (b) report to a specified place at specified periods or times in a specified manner: (c) provide a guarantor who is responsible for- (i) ensuring the person complies with any requirements agreed under this section; and (ii) reporting any failure by the person to comply with those requirements: (d) if the person is a claimant, attend any required interview with a refugee and protection officer or hearing with the Tribunal: (e) undertake any other action for the purpose of facilitating the person's deportation or departure from New Zealand. (2) A decision as to whether to offer or agree residence and reporting requirements under subsection (1) is a matter for the absolute discretion of an immigration officer. (3) An immigration officer may at any time vary any residence or reporting requirements under this section at the request or with the agreement of the person. (4) The agreement or variation of any residence or reporting requirements must be in writing and must- (a) list any requirements agreed under subsection (1) or (3); and (b) include a warning that, if the person fails to comply with any agreed requirement, the person may be detained under section 312 or arrested and detained under section 313. (5) An immigration officer may at any time, in the officer's absolute discretion, decide to time end any agreement made under subsection (1). (6) A person may be detained under section 312 or arrested and detained under section 313- (a) if an immigration officer determines that the person, without reasonable excuse,- (i) has failed to reside at the specified place; or (ii) has failed to comply with other agreed requirements; or (b) if an immigration officer ends an agreement under subsection (5); or (c) in order to execute a deportation order or place the person on the first available craft leaving New Zealand. (7) An agreement under this section lapses and the person ceases to be bound by it when the person leaves New Zealand or otherwise ceases to be liable to arrest and detention under this Part. Compare: 1987 No 74 s 98

342 Provision of false or misleading information (1) Every person commits an offence against this Act who- who , whether in or outside New Zealand,- (a) makes any statement, or provides any information, evidence, or submission, knowing that it is false or misleading in any material respect, in support of- (i) any application or request (whether by that person or by another person) for a visa or entry permission, or any expression of interest in a visa; or (ii) any request for variation, waiver, or cancellation of the conditions of a visa; or (iii) any appeal or application in the nature of an appeal to the Minister or the Tribunal; or (b) produces or surrenders any document or supplies any information to an immigration officer or a refugee and protection officer knowing that it is false or misleading in any material respect; or (c) completes any document required as part of a border requirement in a manner that the person knows to be false or misleading in any particular, or fails to comply with any of his or her other responsibilities under section 103. (2) To avoid doubt, no proceedings under subsection (1)(b) may be brought if the documents or information are supplied in the circumstances to which Article 31.1 of the Refugee Convention applies. Compare: 1987 No 74 ss 126(4), 142(1)(a), (c)

any other application or request made under regulations made under this Act or immigration instructions; or

(1AAA) A person convicted of an offence against section 351A is liable to imprisonment for a term not exceeding 10 years, a fine not exceeding $100,000, or both.

355 Penalties: general (1) A person convicted of an offence against section 342(1)(b), 343(1)(a), 345, 348, or 351A 348 is liable to imprisonment for a term not exceeding 7 years, a fine not exceeding $100,000, or both. (2) A person convicted of an offence against section 343(1)(b) or (c)(i) is liable to imprisonment for a term not exceeding 7 years, a fine not exceeding $100,000, or both, for each person in respect of whom the offence was committed. (3) A person convicted of an offence against section 342(1)(c), 343(1)(d), 344(c) or (d), or 354 is liable to imprisonment for a term not exceeding 3 months, a fine not exceeding $10,000, or both. (4) A person convicted of an offence against section 346 is liable to imprisonment for a term not exceeding 12 months, a fine not exceeding $15,000, or both. (4A) A person convicted of an offence against section 353(2)(d) is liable to a fine not exceeding $3,000. (5) A person convicted of an offence against this Act, or against any regulations made under this Act, for which no specific penalty is provided in the Act or regulations is liable to a fine not exceeding $5,000. (6) Where any person is convicted of an offence against section 343(1)(d) in respect of any person who is or was unlawfully in New Zealand, the court may, instead of or in addition to any other sentence that it may impose in respect of the offence, order that the offender pay the whole or any specified portion of the costs incurred or likely to be incurred in deporting the person in relation to whom the offence was committed. (7) For the purposes of subsection (6), the costs incurred or likely to be incurred in deporting a person include- (a) the costs of locating, detaining, and maintaining the person; and (b) internal travel costs for the person; and (c) external travel costs for the person. Compare: 1987 No 74 s 144

357 Penalties: employers (1) A person An employer convicted of an offence against section 350(1) 350 is liable to a fine not exceeding $50,000. (2) (3) A person An employer convicted of an offence against section 351(1) 351 is liable to imprisonment for a term not exceeding 7 years, a fine not exceeding $100,000, or both, if the offence relates to— (a) a temporary worker within the meaning of paragraph (a) of the definition of temporary worker in section 351(8); 10 years or (b) an unlawful employee within the meaning of paragraph (a) of the definition of unlawful employee in section 351(8). (4) A person convicted of an offence against section 351(1) is liable to imprisonment for a term not exceeding 5 years, a fine not exceeding $100,000, or both, if the offence relates to— (a) a temporary worker within the meaning of paragraph (b) of the definition of temporary worker in section 351(8); or (b) an unlawful employee within the meaning of paragraph (b) of the definition of unlawful employee in section 351(8). Compare: 1987 No 74 ss 39(5), 39A(8) $100,000 (or both).

infringement fee, in relation to an infringement offence, means the infringement fee for that offence- (a) specified in section 359A(2) 359A (for an employment infringement offence under that section); or (b) set in regulations made under section 400 (for other employment infringement offences); or (c) set in regulations made under section 400 (for commercial craft infringement offences)

provide incorrect or incomplete information to an immigration officer— in support of any application or request made under this Act; or in response to any request for information made under this Act:

fail to comply with a requirement made under section 277.

359A Employment infringement offence (1) An employer must not- (a) allow a person who is not entitled under this Act to work in the employer's service to do that work: (b) employ a person in a manner that is inconsistent with a work-related condition of that person's visa: (c) fail to comply with a requirement made under section 275A within the time period required by that section. (2) A person who contravenes subsection (1)(a) or (b) commits an infringement offence and is liable to,- (a) in the case of an employer who is an individual,- (i) an infringement fee of $1,000 for each employee in respect of whom an employment infringement offence is being, or has been, committed; or (ii) a fine imposed by a court not exceeding double the amount of the total infringement fees payable: (b) in the case of an employer that is a body corporate or another entity,- (i) $3,000 for each employee in respect of whom an employment infringement offence is being, or was, committed; or (ii) a fine imposed by a court not exceeding double the total amount of the infringement fees payable. (3) A person who contravenes subsection (1)(c) (1)(ba), (c), or (d) commits an infringement offence and is liable to- (a) an infringement fee of $1,000; or (b) a fine imposed by a court not exceeding $2,000.

(4) However, if an infringement notice is issued in respect of an infringement offence against section 359A of this Act for a contravention of subsection (1)(a), (b), or (ba) of that section, section 21 of the Summary Proceedings Act 1957 applies with any necessary modifications as if the references in subsections (5)(a) and (8)(d) of that section to 6 months were references to 6 years.

383AA Publication of statement on collection, storage, and use of information (1) The chief executive must publish and maintain, on an Internet site operated by the Department, an up-to-date statement that describes how the Department— collects information under this Act; and stores information collected under this Act; and uses information collected under this Act. (2) The chief executive must ensure that copies of the current statement are available or readily obtainable for inspection, free of charge, at— offices of the Department; and New Zealand government offices overseas that deal with immigration matters. (3) Nothing in this section requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982, were a request to be made for the information under that Act.

386A Serving and giving notices, etc, to other people (1) This section applies where, under this Act or any regulations made under it, a notice or other document is required to be served on, or supplied, notified, or in any other way given to, a person other than a person referred to in section 386(1) or (2). (2) (4) A notice or other document that is required to be served on a person must be in writing and must be served by— (a) personal service on the person; or (b) sending it sent by registered post to the person’s address for service; but if the address for service is the address of a lawyer or agent, service is effected only if the lawyer or agent signs a memorandum stating that he or she accepts service of the notice or document on behalf of the person. (3) If a notice or other document is required to be supplied, notified, or in any other way given deemed to a person, the notice or other document must be in writing and must be either given to received by the person personally or sent to whom it is addressed on the person’s contact address, in which case,— (a) if earlier of the address is a physical address, it must be sent by registered post date on which its delivery to that address; and (b) if the address is an electronic address, it must be sent by electronic means to that address. (4) A notice or document served or sent by registered post is deemed recorded to be received have occurred by the person to whom postal or courier service provider that delivered it is addressed,— and,— (a) if the address is in New Zealand, the date that is 7 days after the date on which it was sent; and (b) if the address is outside New Zealand, 14 days after the date on which it was sent. (5) A notice or other document sent to an electronic address is deemed to be received by the person to whom it that is addressed 3 working 14 days after the date on which it was sent. (6) Subsection (4) applies unless the intended recipient proves that he or she did not receive the notice or document and the failure to receive it was not a result of fault on his or her part, and— (a) he or she is— (i) the holder of a residence class visa; or (ii) a person described in section 187(1)(a) to (c); or (b) the address to which the notice or document was sent is an address outside New Zealand.

387C Treatment of communication with electronic system used by Department to deal with immigration matter For the purposes of this Act, communicating with an electronic system that is used by the Department to deal with an immigration matter is treated as providing information to an immigration officer.

prescribing the matters that the Privacy Commissioner may specify to the chief executive of the Department as matters that are to be included in a report referred to in section 294AAG(i):

2 Commencement (1) This Act comes into force on a date to be appointed by the Governor-General by Order in Council, except as provided in subsections (2) to (5). (2) Sections 30, 31, 60, 100, 104, 111, 120, 149(1)(e), 278, 283 to 291, 312, and 400(1)(l) come into force on a date to be appointed by the Governor-General by Order in Council (being a date not earlier than the date appointed under subsection (1)); and 1 or more orders may be made appointing different dates for different provisions. (3) Section 477 comes into force on a date to be appointed by the Governor-General by Order in Council (being a date not earlier than the second day after the date on which this Act receives the Royal assent). (4) Sections 475, 476, and 478 come into force on the day after the date on which this Act receives the Royal assent. (5) Section 474 comes into force on the day after the date on which the Immigration Act 2009 Amendment Act 2010 receives the Royal assent. (6) An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements). Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114, Sch 1 cl 32(1)(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115, 116 This note is not part of the Act.

5A Obligation to inform claimant of consequences of withdrawing claim When a claim reaches a refugee and protection officer, that officer must inform the claimant of the consequences of withdrawing the claim.

6A Manner of withdrawal (1) A claimant who under section 141A of the Act may withdraw their claim may do so by giving notice to a refugee and protection officer. (2) A notice under subclause (1)— must be in writing; and must be given by— a method of communication set out in regulation 11(1)(a) to (c); or electronic means. (3) A notice that purports to withdraw a claim has no effect if the refugee and protection officer to whom it is given is satisfied that it was given as a result of coercion or duress.

10A Notification of consequences of refusing or failing to allow biometric information to be collected (1) This regulation applies if a refugee and protection officer requires a person to allow biometric information to be collected from them under section 149(1)(e) of the Act. (2) The refugee and protection officer must notify the person in writing of the consequences of refusing or failing to allow the biometric information to be collected. 10B Notification of consequences of failing to attend interview (1) This regulation applies if a refugee and protection officer requires a person to attend an interview under section 149(1)(f) of the Act. (2) The refugee and protection officer must notify the person in writing of the consequences of failing to attend the interview at the appointed time and place.