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Who, what is the IPT
Q: What is the IPT?
A: The Immigration and Protection Tribunal is an independent body established under the Immigration Act 2009 (the Act) to hear appeals and applications regarding:
▪ residence class visas
▪ deportation (including appeals on the facts and humanitarian grounds)
▪ claims to be recognised as a refugee or as a protected person.
The Tribunal is administered by the Ministry of Justice. It is chaired by a District Court Judge, appointed by the Governor-General on the recommendation of the Attorney-General, and 16 members appointed by the Governor-General on the recommendation of the Minister of Justice.
Q: How do I Appeal
A: How to Appeal
You may obtain an appeal form from the Tribunal, or you may download the relevant appeal form below and deliver your appeal in person or by courier, together with your lodgement fee (if applicable), during the office hours of 8.30am to 4.30pm, Monday to Friday at:
Immigration and Protection Tribunal
Level 1 Chorus House
41 Federal Street
Auckland 1010
New Zealand
Or send your completed appeal form by post, together with your lodgement fee (if applicable), to:
Immigration and Protection Tribunal
EX 11086
Auckland 1010
New Zealand
Make sure you complete the correct form for the type of appeal you are making.
Appeal forms
Notice of Appeal - Residence Class Visa Appeal – Form 1 (PDF, 1.8 MB)
Use this Notice of Appeal form if you want to appeal to the Tribunal against a decision by Immigration New Zealand or the Minister of Immigration:
Declining your residence class visa application, or
Cancelling your resident visa, or
Refusing to grant you (a resident visa holder) entry permission into New Zealand.
Notice of Appeal - Refugee and Protection Status Appeal – Form 2 (PDF, 815 KB)
Use this Notice of Appeal form if you want to appeal to the Immigration and Protection Tribunal against a refugee and protection officer’s decision to:
Decline your claim for refugee or protected person status.
Decline to accept for consideration your claim for recognition as a refugee or protected person.
Cancel or cease your recognition as a refugee or protected person.
Refuse to consider your subsequent claim for refugee or protected person status.
Notice of Appeal - Deportation Appeal by a Resident/Permanent Resident - Form 3 (PDF, 1.03 MB)
Use this Notice of Appeal form if you are a resident or permanent resident and would like to appeal to the Tribunal against your liability for deportation.
Notice of Appeal - Deportation Appeal (Cancelled Refugee and/or Protection Status) – Form 4 (PDF, 1.02 MB)
Use this Notice of Appeal form if you have been served a Deportation Liability Notice after your refugee and/or protection status was cancelled and you would like to appeal to the Tribunal against your liability for deportation.
Notice of Appeal - Humanitarian Appeal against Deportation - Form 5 (PDF, 1.14 MB)
Use this Notice of Appeal form if you are liable for deportation because:
You are unlawfully in New Zealand, or
Your temporary or interim visa was granted in error, or
You held your temporary or interim visa under a false identity, or
You held a temporary or interim visa and it was determined that there was sufficient reason to deport you; or
You are a refugee and protection claimant appealing against a decision by a refugee and protection officer and would be entitled to a humanitarian appeal if you became liable for deportation.
Application to cease/cancel recognition as a refugee or protected person - Form 6 (PDF, 457 KB)
Application by the Minister of Immigration for determination of failure to meet conditions of suspension of liability for deportation – Form 7 (PDF, 441 KB)
Authority to Act – Form 8 (PDF, 445 KB)
You should complete this form if you have appointed a new representative since your appeal was lodged.
Withdrawal of Appeal Form - Form 9 (PDF, 440 KB)
This form can be used if you want to withdraw your appeal. You can withdraw an appeal at any time until a decision has been issued by the Tribunal.
Guides
Guides are available to help you with completing your form. There is a separate guide for each of the forms 1- 5.
These guides will help you to assess whether or not you are entitled to appeal to the Tribunal, and provide information on how to lodge an appeal. They also include brief information on what happens after you lodge your appeal. (See the Forms and Guides page).
Appeals to the Tribunal must be lodged within specific timeframes. Each of the guides contains the information on how you calculate the period in which you must appeal.
There is a lodgement fee to pay for most types of appeals, except refugee and protection appeals. (See the Fees page for details).
Use of a representative
Anyone appealing to the Tribunal may appoint an agent or legal representative to represent them during the application or appeal process, or they may represent themselves.
If the appeal is against a decision made using classified information, the person appealing will also be given a list of special advocates from which they can select an advocate to represent them during the classified parts of the appeal (actual and reasonable costs of a special advocate are government funded.) The person appealing can also retain their personal legal representative for the other parts of the appeal process.
Why might an appeal not be accepted?
If an appeal is not lodged correctly, or if the correct lodgement fee has not been paid, the Tribunal may not accept the appeal. In this situation, the person who submitted the appeal form will be informed of what is required and invited to resubmit the appeal form once it is complete if this is still within the appeal period.
The Tribunal cannot accept an appeal if the person appealing has no right of appeal.
Appealing or reviewing a Tribunal decision
Any party to a Tribunal appeal (who may include the person appealing, the Department of Labour’s Chief Executive, or the Minister of Immigration) dissatisfied with the Tribunal’s decision may seek leave to appeal to the High Court on a point of law. This means that only legal issues may be raised, not issues of fact.
Filing an appeal from a Tribunal decision is only possible on application for leave (permission) filed with the High Court within 28 days after the date you were notified of the decision.
You also have the right to apply for judicial review with the High Court. This means that you are asking the High Court to review the Tribunal’s exercise of its statutory power.
An application for judicial review must also be filed within 28 days after the date you or your representative were notified of the decision.
If both an appeal on a point of law and a judicial review of proceedings are sought about the same case, the party must lodge the applications for appeal and for judicial review together. The High Court must endeavour to hear both together (unless it is not practical to do so).
It is strongly recommended that you seek legal advice before filing an application for leave to appeal on point of law or application for judicial review with the High Court.
Complaints
Any complaint made about a Member of the Tribunal will be considered by the Chair of the Tribunal. Any complaint made about the Chair will be considered by the Chief District Court Judge (as the Chair of the Tribunal is a District Court Judge).
June 2011 - Immigration policy changes affecting students
Education is one of New Zealand’s top five export industries, contributing approximately $2.3 billion to the New Zealand economy each year and supporting 32,000 jobs.
Changes to immigration policies are aimed at attracting more genuine international students, and enabling the best and brightest to stay in New Zealand so that they can help drive economic growth through increased productivity and innovation.
The changes, which will begin taking effect from 25 July 2011, will:
- strengthen student visa requirements and conditions (without introducing additional compliance for good quality education providers)
- facilitate access to study and training for genuine students, and
- facilitate pathways to work and residence for highly skilled graduates.
As a package, the changes will better support growth in the export education industry and New Zealand’s wider economic objectives.
The changes to Study to Work visas and the Skilled Migrant Category apply to new students who commence studying a New Zealand qualification on or after 25 July 2011. They do not apply to students who already hold New Zealand qualifications or students who are currently studying towards New Zealand qualifications.
THE KEY CHANGES
From 25 July 2011
More criteria will be introduced to determine whether students are genuinely here to study, such as ensuring education providers have assessed students’ competencies for the course before issuing an offer of place.
- Students will be required to attend their courses at all times, as required, unless they have genuine reasons for their absence.
- Students’ progress will be primarily determined by their education provider and assessed against the education providers’ own academic progress policies.
- Students will need to satisfy Immigration New Zealand (INZ) that they are supplying genuine evidence of funds for maintenance.
- Requiring those who provide sponsorship and financial undertakings to:
- be either friends or relatives (if they are individuals), and
- genuinely intend to support the student and hold sufficient funds for each student they are acting for.
- More flexibility for genuine students will be introduced by extending sponsorship eligibility to organisations or government agencies, and allowing third parties who provide financial undertakings offshore to continue with onshore applications.
- INZ, when issuing student visas, will have more powers to ensure that students only study at good quality education providers.
- The validity period of medical and police certificates for PhD students, their partners and dependants will be extended from 24 to 36 months, the same as for fee-paying foreign students.
- Work visa holders will no longer need to obtain a variation of conditions to undertake training authorised by their employer as part of their job.
- Work visas will be available to the partners of students studying postgraduate courses and courses on the Long Term Skills Shortage List (LTSSL) at bachelor’s degree and above, rather than any students studying courses on the LTSSL.
Changes to Study to Work visas
- Students will need to have obtained a recognised New
- Zealand qualification of at least two academic years’ duration to qualify for Study to Work visas. A shorter period will be required for people who have gained postgraduate qualifications, credit-transferred bachelors’ degrees or some graduate (level 7) qualifications.
- Students who obtain a second, higher qualification at bachelor’s degree or postgraduate level will be able to obtain a second Graduate Job Search visa.
Changes to the Skilled Migrant Category
Applicants for residence can currently access points for recognised qualifications. From 25 July 2011, the points will be differentiated on the following basis:
- QUALIFICATION (NQF) CURRENT FROM 25 JULY 2011
- Levels 3–6 50 40
- Levels 7–8 50 50
- Levels 9–10 55 60
- Applicants claiming bonus points for having obtained recognised New Zealand qualifications must have a bachelor’s degree or above.
- Changes will also ensure that more former students who qualify for residence will be required to have a skilled job in New Zealand.
From November 2011
- The definition of full-time study will be based on the type of course, rather than the type of provider, to improve consistency across education providers and make it easier for genuine students to access student visas.
From March 2012
- Funds required by applicants for Graduate Job Search Visas will rise from $2,100 to $4,200.
- Funds required for student visa applicants will increase from the current $10,000 per year to $15,000 per year for courses 36 weeks or longer, or pro-rated at $1,250 per month for shorter courses (less prepaid living expenses).
The immigration instructions underpinning the changes that are being introduced on 25 July 2011 are currently being finalised and will be published on the Immigration New Zealand website at: www.immigration.govt.nz by early July 2011.
Information matching
Information matching
Information you supply to Immigration New Zealand may be used by other government agencies to allow more effective verification of information and help assess your eligibility for various services. Information matching is carried out under the authority of and consistent with Part 10 of the Privacy Act 1993 and is monitored by the Office of the Privacy Commissioner.
Agencies authorised to match identifying information with INZ
The below Specified Agencies have the support of the below Authorising Legislation for the following Purpose;
- Department of Internal Affairs (Citizenship Branch) supported by Section 26A Citizenship Act 1977 (Schedule 4), to verify – (a) a person’s NZ citizenship status (b) a person’s entitlement to reside in New Zealand
- Electoral Enrolment Centre supported with Section 263B Electoral Act 1993, to identify people who are not qualified to vote but who have registered as an elector.
- Department of Internal Affairs (Births, Deaths & Marriages) supported with Section 78A and Schedule 1A of the Births, Deaths & Marriages Registration Act 1995, to o identify deceased holders of limited term visas.
- Department of Corrections uses Section 181 of the Corrections Act 2004 and Section 294 of the Immigration Act 2009, too identify offenders that may be liable for deportation.
A Short Guide to Information Matching
Immigration New Zealand undertake authorised information matching programmes with Government Agencies
The Department of Labour helps New Zealanders achieve high-quality working lives in thriving and inclusive communities through information, services and support for workplaces and communities. The immigration function of the Department of Labour sits within the Workforce group and contributes to this by increasing the economic and social framework of New Zealand through immigration.
However in doing this the rights of New Zealand citizens and persons already resident in New Zealand must be protected. Parliament has authorised limited access to certain government departments in order to provide better services to prospective immigrants and New Zealand citizens.
What is information matching?
Information matching is the comparison of personal information held in one set of records with personal information held in another set of records for the purpose of producing or verifying information about an individual. Information matching can only be performed where it has been authorised by statute and conforms to privacy legislation.
Why is information matching taking place?
Information matching can be done for a number of reasons, such as making it simpler to deal with government agencies or reducing overall costs to taxpayers. Information matching may also help to tidy up government databases (eg by identifying duplicates and reducing fraud).
To whom provides Immigration New Zealand information to?
The following agencies are authorised to match information with Immigration New Zealand:
- Department of Internal Affairs
- Electoral Enrolment Centre
- Department of Corrections
The privacy of the information is important
Agencies involved in information matching will only have access to the information they are legally entitled to. The Privacy Commissioner reviews the setting up of the Immigration New Zealand programmes and monitors their operation.
What can I do if I think my personal information may have been misused?
You can lodge a formal complaint with the Privacy Commissioner.
For more general information about privacy issues please contact the Office of the Privacy Commissioner 0800 803 909 or through their website on www.privacy.org.nz.
Students - frequently asked questions in connection with the Christchurch earthquake
Students outside of New Zealand
Q: Will I be charged an application fee by Immigration New Zealand if I have to apply for a Variation of Conditions/new visa because of the earthquake?
A: No – the fee for a variation of conditions will be waived.
Q: I have been issued a visa to attend an education provider in Christchurch and have not yet travelled to New Zealand. I want to travel to New Zealand once the education provider is operating again.
A: You may still use any visa you have been issued. We recommend that from Monday 28 February 2011, you try to make contact with your provider in Christchurch to see when they are likely to re-open.
Q: If I defer my travel plans, which results in requiring a new visa with amended travel dates, do I have to pay the application fee and/or complete a new application form, provide evidence of funds and passport details?
A: You will not be required to pay a new fee and we will use your previous application form.
Q: I have had a visa issued to attend an education provider in Christchurch but have not yet travelled to New Zealand. I want to change the location of my study, but remain with the same provider (i.e a different campus).
A: Please approach your closest Immigration New Zealand branch for a new visa label, with confirmation from the provider regarding your offer of place and any associated tuition fees. There will be no fee for the change of visa.
Q: I have had a visa issued to attend an education provider in Christchurch but have not yet travelled to New Zealand. I want to change the location of my study to attend a different provider. What can I do?
A: There will be no visa fees for this. Please approach your closest Immigration New Zealand branch and submit an application with a new offer of place from the new provider and provide a receipt of tuition fees (or confirmation from the new provider that confirms tuition fees are paid or will be paid in due course). If there are significant differences in the new course being applied for, the application may take some time.
Students already in New Zealand
Q: Will I be charged an application fee by Immigration New Zealand if I have to apply for a Variation of Conditions/new visa because of the earthquake?
A: No – fees will be waived.
Q: I am a foreign national who is considered a “domestic” student and I have an application lodged at the Christchurch branch, but do not know if my application has been approved. I now do not hold a visa and am wondering what I can do.
A: Since 7 February if you were lawfully in New Zealand when you lodged your student application in Christchurch branch, and your visa is expiring/has expired, you will be automatically issued an interim student visa valid for six months, or until your substantive student visa applications had been decided – whatever date is earlier.
The interim student visa has the same conditions as an 'open' student visa. This means you may undertake any course of study in New Zealand. The interim letter will be emailed to you if we have an email address, or if not then a letter will be sent. Given the disruption to mail services in Christchurch this may take some time to arrive. You are able to contact the Immigration Contact Centre on 0508 558 885 to enquire about your status.
Q: I am a full fee paying international student and have an application lodged at the Palmerston North branch to attend an education provider in Christchurch. I want to change providers and move to another location.
A: You may do so. Please call 0508 558 885 or, if you can, contact your visa officer at the Palmerston North branch to discuss your situation. You will need to submit a new offer of place from the new provider and provide a receipt of tuition fees (or confirmation from the new provider that confirms tuition fees are paid or will be paid in due course).
Q: I am a full fee paying international student and have an application lodged at the Palmerston North branch to attend an education provider in Christchurch and I want to leave New Zealand.
A: Please call INZ on 0508 558 885 and we will make arrangements to return your passport to you.
Q: I am in Christchurch and have a valid student visa that is due to expire on 31 March 2011. What can I do?
A: If you wish to continue studying and have sourced a provider, send your application to the Palmerston North branch (or if your provider is a Students Online provider please talk to them).
If you want to apply for a visitor visa, send your application to the Northern Documentation Branch in Auckland at the following address: Immigration New Zealand Private Bag 92223 Auckland Mail Centre Auckland New Zealand
If you are unable to mail an application, please call us on 0508 558 885 to discuss options.
Q: If I have a student visa and it is valid beyond 31 March and I can’t study because of the earthquake what do I do?
A: You do not need to apply for a new visa at this time. However, if you want to start working for a different employer or studying at a different educational institute to the one specified on your visa you will need to get a variation of conditions or a new visa.
Q: All of the documents I am required to submit my visa application, are missing in Christchurch and my visa is due to expire on 31 March 2011. How do I remain lawfully in New Zealand?
A: Immigration New Zealand is looking at the option of issuing an interim visa to all people in your situation to ensure you remain lawfully in New Zealand while you decide what you wish to do. If your passport is lost, approach your Embassy or Consulate and report it lost. If you want to apply for a student visa to remain in New Zealand, send an application for a student visa to the Palmerston North branch and provide all documentation you have available and a short letter outlining your situation.
If you want to apply for a visitor visa, send your application to the Northern Documentation Branch in Auckland , Immigration New Zealand Private Bag 92223 Auckland Mail Centre Auckland New Zealand and provide all of the required documentation you have available and a short letter outlining your situation.
Q: I have a valid visa to study in Christchurch and I have already moved to another education provider elsewhere in New Zealand. What should I do?
A: Please apply for a Variation of Conditions to your student visa as soon as possible, unless your visa is expiring within the next 30 days. There will be no immigration fees for this. Please do contact us to let us know that you have moved – 0508 558 885.
Other Information
Q: Will I be charged an application fee by Immigration New Zealand if I have to apply for a Variation of Conditions/new visa because of the earthquake?
A: No – these fees will be waived.
Q: How do I find out if my course is still happening?
A: Contact your education provider when you can, but keep in mind that Christchurch in the middle of a disaster and you may not receive a fast answer. There are still issues with power supply, and many computer and record systems have been destroyed. Many staff members from your education provider have their own personal matters to attend to also. So please be patient.
(Source INZ, Monday, February 28, 2011)
You may also wish to contact Terra Nova Consultancy Ltd to assist you in these matters
Complaints Process INZ
What do I do if I have a complaint?
If you are an Immigration New Zealand client or representative with a complaint about a matter handled by Immigration New Zealand, you will need to follow our Client Complaint Resolution Process. This process has two stages.
Stage 1
Direct your complaint to the manager of the branch where the matter was handled. The manager is responsible for addressing complaints directly.
Stage 2
If you are not satisfied with the branch manager’s response to your complaint you can then take it further by writing to the Deputy Chief Executive – Immigration.
How do I make a complaint to a branch manager?
Write to the Manager of the branch where the matter was handled. You should do this first regardless of whether the branch is an Immigration New Zealand office or a Ministry of Foreign Affairs and Trade office.
How do I take a complaint to the Deputy Chief Executive stage?
If your complaint cannot be resolved at branch level, you can contact the Deputy Chief Executive - Immigration by post, fax or by email:
- Deputy Chief Executive – Immigration Department of Labour PO Box 3705 Wellington 6140
- Or by fax to 04 915 6278
- Email: This email address is being protected from spambots. You need JavaScript enabled to view it.
Who will reply to me if my complaint goes to the second stage?
If your complaint is considered at the second stage you will usually get a reply from the senior manager responsible for the area where the branch or work group is located. If that manager has dealt with the complaint before, or they think it is necessary to escalate it, you will receive a reply from either the Deputy Chief Executive - Immigration or the Deputy Secretary – Legal.
What sort of information should I provide with my complaint?
To help us deal with complaints quickly, please provide the full name and relevant Client and/or Application number of the case the complaint is about. If the client and application numbers are not known please provide full name(s), date(s) of birth and if possible passport number(s).
Please also provide a short, clear description of the reasons for the complaint together with any relevant supporting documents.
What kinds of things can I complain about?
A complaint might relate to any interaction between yourself and Immigration New Zealand. Often (but not always) complaints relate to issues around process (e.g. how you were treated or how long it took to deal with your case).
What if I am just not happy with the decision made in my case?
If you have had an application declined and you are not happy with that decision you should consider taking any avenue of appeal that you are entitled to rather than make a complaint. For example, if you’ve been declined residence you can usually appeal to the Immigration and Protection Tribunal. If you have been declined a temporary visa you can ask for the decision to be reconsidered as long as you are in New Zealand lawfully. You can find more information about these avenues of appeal in our Operational Manual (see instructions R5.55.5 and E7.35.1).
Why do we have a Client Complaint Resolution Process?
We have a Client Complaint Resolution Process so that clients have an accessible, straightforward avenue to seek resolution of a complaint about any interaction between Immigration New Zealand and its clients.
The process also enables us to:
- investigate and resolve problems within branches initially
- identify problems that we cannot fix directly at branch level, then fix them
- quickly endorse and support robust decisions.
What are the principles of the process?
We assess complaints in accordance with these principles:
- we acknowledge our mistakes and put them right if we can
- we will treat complaints with priority and give a timely response
- we will be fair
- we will try to see things from the client’s perspective and understand, and therefore address, why they think we were wrong
- we will not be defensive of existing decisions – we will take a genuine fresh look at the issues raised
- someone else – not the original decision maker – will look at the individual case on its own merits.
How long will it take, and what can a client who complains expect?
When we receive a complaint, we will:
- apply the principles outlined above
- send the client an acknowledgment within 2 working days
- respond to the complaint at the branch stage within 15 working days of receipt of the complaint by the branch. A Branch Manager may extend this timeframe in complex cases and will keep the client informed
- respond to the complaint at the Deputy Chief Executive – Immigration stage within 20 working days of receipt of the complaint. The Deputy Chief Executive may extend this timeframe in complex cases and will direct Immigration New Zealand to keep the client informed
- make sure the response is subject to quality assurance for completeness and accuracy.
Please note that complaints involving multiple issues and/or the actions of multiple branches are likely to take longer to answer than the timeframes indicated above.
Client Complaint documents
Our entire Client Complaint Resolution Process and guidelines are available:
- Client Complaint Resolution Process [PDF 85KB]
- Guidelines for the Client Complaint Resolution Process [PDF 36KB]
Changes to the Holidays Act and the Employment Relations Act
Changes to the Holidays Act 2003 and the Employment Relations Act 2000 have been passed by Parliament.
The Employment Relations Amendment Act 2010 and Holidays Amendment Act 2010 introduce a wide range of legislative amendments.
The main changes to the Holidays Act include:
- The ability for employees to cash in a maximum of one week of annual holidays.
- Transferring public holidays to another working day.
The main changes to the Employment Relations Act include:
- Extending trial periods to all employers
- Changes to the personal grievance provisions
- Requiring consent to be given before a union can access a workplace, and confirming communication with employees can occur during collective bargaining.
- Requiring employers to retain employment agreements
- Extending the role and powers of labour inspectors.
When the changes come into effect:
Most changes for both Acts will come into effect on 1 April, 2011. One provision in the Holidays Amendment Act 2010 comes into effect immediately. This provision relates to the treatment of holidays and leave during a 'closedown' of a business.
For example if your business has an annual ‘closedown’ or ‘shut down’ period that includes public holidays (as can happen over the Christmas / New Year period) then the employee is entitled to be paid for the public holidays if it is an otherwise working day for the employee.
One provision in the Employment Relations Act 2010 comes into effect from 1 July 2011.
This provision requires employers to retain a signed copy of individual’s employment agreement or current signed copy of the terms and conditions. Employees are entitled to a copy of their agreement if they request one.
(Source labour Department)
Questions and Answers New Immigration Act
When will the Immigration Act 2009 (the ‘new Act’) come into effect?
The substantial provisions of the new Act comes into effect at 2am on 29 November 2010 (New Zealand time). However, some parts of the new Act will not be used until a later date, for example, provisions that allow the collection and use of biometric information (such as fingerprints and iris scans).
Do people holding visas and permits have to do anything when the new Immigration Act comes into effect?
No. Anyone who has a visa or permit granted under the Immigration Act 1987 (the old Act) will automatically be ‘deemed’ to hold the equivalent status under the new Act. There will be no need to make a new application or to do anything other than follow the conditions stated on the current visa or permit.
Will it be easier or harder to make an application under the new Act?
In general, there will be no change to the criteria to enter or stay in New Zealand. The same categories and application types will continue to be used and in most cases will have the same requirements. However, there will be some changes to the rules around people who are sponsored to come to New Zealand. To find out more about this, see our sponsorship factsheet.
If I am in New Zealand holding a visitor, student or work permit when the new Act comes into effect, what happens to my immigration status?
Nothing – it remains the same. However, since the term ‘permit’ will not be used under the new Act, you will be automatically ‘deemed’ to hold the equivalent visa to the permit you hold.
- Held under the 1987 Act -v- Will be deemed to hold under the 2009 Act
- Visitor's permit -v- Visitor visa
- Work permit -v- Work visa
- Student permit -v- Student visa
For example, if your permit allows you to study and work for 20 hours a week, you will be ‘deemed’ to hold a visa that allows you to study and work for 20 hours a week until the expiry date stated on your permit.
If my current permit expires after 29 November 2010 and I plan to stay in New Zealand, will I have to do anything differently next time I apply?
You will need to supply two passport sized photos instead of one with your application. You may also notice that the forms and guides will have been updated to reflect the terms used under the new Act, for example the references to permits will be removed. Apart from these small differences, there will be no change to how you apply.
If I am in New Zealand holding a ‘residence permit’ or ‘returning resident’s visa’ when the new Act comes into effect, what happens to my immigration status?
Nothing – it remains the same. You will still hold residence status and will continue to be able to travel and return to New Zealand as a resident in line with the expiry date of your returning resident’s visas (RRV).
However, RRVs will no longer be used under the new Act and you will be deemed to hold either a ‘resident visa’ or ‘permanent resident visa’ instead, depending on your situation. This will happen automatically, and you do not need to make a new application (until an RRV expiry date approaches).
The requirements to progress from a ‘resident visa’ to a ‘permanent resident visa’ will be similar to the current requirements to progress from a ‘non-indefinite RRV’ to an ‘indefinite RRV’.
- Held under the 1987 Act Will -v- be deemed to hold under the 2009 Act
- Indefinite RRV -v- Permanent Resident Visa (allows indefinite stay and return to New Zealand anytime)
- RRV with an expiry date -v- Resident visa with travel conditions expiring on the same date as the RRV expiry date (allows indefinite stay in and return to New Zealand before the expiry date).
- Residence permit with no RRV -v- Resident visa with no travel conditions (allows indefinite stay in New Zealand, but a further application must be made before the holder can leave New Zealand and return as a resident).
If I’m applying for a permit of any type on 29 November when the new Act comes into effect, what happens to my application?
Your application will continue to be assessed against the same criteria. If your application is approved, and you would have been granted a permit, you will be granted a visa of the same type instead.
What if I applied for a visa and a permit?
If your application for a visa and a permit is approved after 29 November 2010, you will be granted a single visa that will allow you to both stay in New Zealand (like a permit under the old Act) and travel to New Zealand (like a visa under the old Act).
Can I make an application on an old application form after the new Act comes into effect from 29 November 2010?
Old applications forms may continue to be used under the new Act, except for the following:
- Application for Returning Resident’s Visa (INZ 1004)
- Sponsorship form for Residence (INZ 1024)
- Sponsorship form for Temporary Entry (INZ 1025).
The old forms specified above will not be accepted for any application made from 29 November 2010, and if provided, your application may be returned to you for failing lodgement requirements.
If I make an application for a visa and permit before 29 November 2010 but my application is not approved until after that date, I understand I will only be issued with a visa – but will I receive a refund for the permit application fee?
No. A visa granted under the new Act will contain the same provisions as a visa and permit under the old Act – the single visa will allow you to both stay in New Zealand (like a permit under the old Act) and travel to New Zealand (like a visa under the old Act).
Immigration Act 2009: Summary of key changes
The new Act modernises New Zealand’s immigration laws. However, it does not make major changes to the criteria under which people apply to travel to and stay in New Zealand.
Key changes are outlined as follows:
Terminology changes
The new Act uses the single term ‘visa’ for authority to travel to and stay in New Zealand.
The terms ‘permit’ and ‘exemption’ are no longer used.
Immigration ‘policy’ is now known as immigration ‘instructions’.
This more clearly distinguishes the difference between high-level government policy and the criteria for determining immigration applications (‘instructions’).
The terms ‘residence permits’, ‘residence visas’ and ‘returning resident’s visas are replaced by ‘resident visas’ and ‘permanent resident visas’ – but there is no change to existing categories or criteria for people wishing to settle in New Zealand.
A new sponsorship system
Sponsors of people coming to New Zealand are responsible for all aspects of maintenance, accommodation and repatriation (or deportation) of the sponsored person.
More specific criteria for sponsors are also introduced.
For temporary entry visas, this broader obligation is in place for the whole time the sponsored person is in New Zealand.
For resident visas, this obligation is in place for a specific period.
Another change allows organisations (companies, charitable trusts and societies) and government agencies to sponsor individuals in some circumstances.
These new categories of sponsors are eligible to support visitor visas and also work-to-residence and residence-from-work visas under the ‘talent’ category (arts, culture and sports).
Returning residents’ visas
Successful residence applicants are generally granted a ‘resident visa’ with two years of ‘travel conditions’. This allows:
- travel to New Zealand (if the holder is offshore)
- indefinite stay in New Zealand, and
- multiple re-entry to New Zealand within the validity of the resident visa travel conditions.
The term ‘returning resident’s visa’ (RRV) is no longer used, however, current RRV holders do not need to do anything other than follow the conditions of their current visa or permit.
‘Permanent resident visas’ replace indefinite RRVs and allow the holder indefinite right to enter New Zealand.
The requirements to progress from a ‘resident visa’ to a ‘permanent resident visa’ are similar to the current requirements to progress from a ‘non-indefinite RRV’ to an ‘indefinite RRV’.
People who hold ‘residence visas’, ‘residence permits’ and ‘non-indefinite RRVs’ on 29 November 2010 are automatically deemed to hold ‘resident visas’ with the appropriate travel conditions.
People who hold ‘indefinite RRVs’ on 29 November 2010 are automatically deemed to hold ‘permanent resident visas’ with indefinite rights to enter New Zealand.
‘Endorsements’ for New Zealand citizen foreign passports
‘Endorsements’ replace ‘returning resident’s visas’ for New Zealand citizens who wish to travel on a foreign passport.
Refugees
The 2009 Act retains New Zealand’s commitment to the United Nations 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees.
In addition, the Act incorporates New Zealand's immigration-related obligations under the United Nations Convention Against Torture (CAT) and International Covenant on Civil and Political Rights (ICCPR).
This means ‘protected person’ claims under the CAT and ICCPR are determined alongside refugee status claims.
There are also new provisions to manage potential abuses of New Zealand’s asylum process. These include declining to consider refugee status claims from people who create grounds for their claim by acting other than in good faith. Individuals may appeal this decision.
Streamlining appeals
The 2009 Act maintains existing appeal rights and sets up one independent body to hear appeals – the Immigration and Protection Tribunal (IPT), which is administered by the Ministry of Justice.
The IPT replaces the current Removal Review Authority, Residence Review Board, Refugee Status Appeals Authority and Deportation Review Tribunal.
Where there is more than one ground for appeal, for example, on facts and humanitarian grounds, both grounds must be lodged together.
A new classified information system with special safeguards
Classified information relating to security or criminal conduct can now be used in decision making, if agreed by the Minister of Immigration.
Special safeguards balance the right of the Government to use all available information in deciding who may travel to, enter and stay in New Zealand, and the rights of foreign nationals.
Streamlining the deportation process
The deportation process has been simplified to better balance efficiency with fairness.
The terms ‘removal’ and ‘revocation’ are no longer used, and instead, the single term ‘deportation’ is used.
People who are deported are prohibited from re-entering New Zealand for two years, five years or permanently, depending on the seriousness of the situation.
Compliance, detention and monitoring
The 2009 Act establishes a flexible approach to monitoring and detaining foreign nationals who are considered to be a threat to the integrity of the immigration system or the security and safety of New Zealand.
This includes arrest and detention by police for up to 96 hours and detention under a court-issued ‘warrant of commitment’ for up to 28 days.
The new Act provides immigration officers with powers that could previously only be carried out by Police or Customs officers on behalf of Immigration, for example, to enter and search planes or ships.
Where the powers are new for immigration officers, they are brought into force only when Cabinet is satisfied that the appropriate training and operating instructions have been developed, and that appropriate safeguards are in place.
Biometrics and information sharing
The 2009 Act enables specific biometric information to be collected, stored and used – for example, photographs, fingerprints and iris scans – to verify a foreign national’s identity.
The Act also allows foreign nationals' (not New Zealand citizens') personal information, including biometric information, to be shared with some other agencies nationally and internationally to address immigration and identity fraud; and manage the safety and security of New Zealand.
In addition, foreign national’s personal information can be shared with other New Zealand agencies to check eligibility for publicly-funded services (such as health services).
The relevant provisions will only come into force once Cabinet is satisfied that robust procedures and processes are in place and that there is appropriate protection for individuals, consistent with the Privacy Act 1993.
Employer obligations
The 2009 Act narrows the ‘reasonable excuse’ defence for employing a foreign national not entitled to work in New Zealand.
Employers therefore need to check an individual's work entitlement more carefully than previously.
To help speed up the employment process, the Department of Labour has set up an online system – called VisaView – to allow employers to check a job applicant’s entitlement to work and any conditions.
The system is designed to be quick and easy to use, and to protect individual privacy.
Education
The 2009 Act increases penalties against education providers who fail to comply with their immigration obligations.
However, providers of compulsory education will not be prosecuted for enrolling a child who is unlawfully in New Zealand.
Airlines
The 2009 Act creates an infringement system for airlines that fail to meet their immigration obligations. This is similar to the Australian system, where airline compliance has increased.
This provision is due to come into effect at a later date.
Interim visas
The 2009 Act introduces a new ‘interim visa’. These may be granted if a foreign national who holds a current temporary visa has applied for a further temporary visa.
This maintains the individual's lawful status in New Zealand while his or her application is being considered.
This provision is due to come into effect on 7 February 2011.
Health forms and guides
Please find here information about Health forms and guides.How to obtain a Police Clearance Certificate
Please find here information on how to obtain a police clearance certificate.Application Fees
Please find here the application fees that are payable to INZ when lodging an application.Applicable Laws
Immigration to New Zealand is regulated in two ways;
- The Immigration Act 2009 that came in to force on 29 November 2010. Click here for the full Act.
- Immigration Policies has now changed to Immigration Instructions, as per above Act, and these are the guiding instructions for the case officers from INZ to assess any application. Please note that these may change from time to time.
Covid 19 Notice
As the impact of the coronavirus continues to evolve, we face this unprecedented situation together. The pandemic is affecting all of us. At Terra Nova Consultancy Ltd we wish to reach out and update you on how we are addressing it. Our top priority is to protect the health and safety of our employees, clients, and our communities. Our focus on customer service remains at the center of everything we do, and we are fully committed to continue to serve you with our services, and striving to provide our services without interruption.Please listen and act upon the advise given by the Government, only in that way will we together be able to combat this challenge. And as always, stay healthy and keep safe.
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Contact Details
Terra Nova Consultancy Ltd
14 Glanworth Place, Botany 2106
Manukau, Auckland 2106,
New Zealand
Please arrange visit by appointment.
Mobile: +64 275 706 540
Postal Address:
PO Box 58385, Botany
Manukau, Auckland 2163,
New Zealand
Licensed Immigration Adviser
Johannes Petrus (Peter) Hubertus Cornelis Hendrikx
License number: 200800214
Is your Immigration Adviser
licenced by the NZ Government?
Click here for details www.iaa.govt.nz