Visa framework replaces permits while retaining separate entry permission

Policy effect

From November 29, 2010, the Immigration Act 2009 replaced the former permit-based authority to be in New Zealand with a visa framework and separate entry permission. Non-citizens generally needed a visa to travel, unless a visa waiver applied, and a visa plus entry permission to enter and be in New Zealand. A visa did not itself guarantee entry permission, except for a permanent resident visa or a resident visa granted in New Zealand; a travel-visa waiver did not itself confer entry permission. Transitional provisions converted existing visas and permits into corresponding visas and, where applicable, deemed entry permission, subject to the specified conditions and exceptions. The framework therefore did not make a visa alone unconditional permission to enter.

Conditions and exceptions

Validated condition or limit: Non-citizens generally needed a visa to travel, unless a visa waiver applied, and a visa plus entry permission to enter and be in New Zealand.; A visa did not itself guarantee entry permission, except for a permanent resident visa or a resident visa granted in New Zealand; Transitional provisions converted existing visas and permits into corresponding visas and, where applicable, deemed entry permission, subject to the specified conditions and exceptions.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Skip to main content Kāinga Home Tirohia i ngā tari kāwanatanga Browse agencies Ako atu anō Learn more Advanced search Any legislation In force Bills Not in force Title contains Content contains Secondary legislation In force Latest version as at 28 June 2010 (as made) | SR 2010/185 | Administered by Ministry of Business, Innovation, and Employment Immigration Act 2009 Commencement Order 2010 Amendment secondary legislation Versions (1) Empowering Acts (1) Section view Download Search content Secondary legislation In force Latest version as at 28 June 2010 (as made) | SR 2010/185 | Administered by Ministry of Business, Innovation, and Employment Immigration Act 2009 Commencement Order 2010 Hide navigation Contents 1 Title 2 Commencement of certain provisions of Immigration Act 2009 Explanatory note Administrative information 2010/185 Immigration Act 2009 Commencement Order 2010 Rt Hon Dame Sian Elias, Administrator of the Government Order in Council At Wellington this 28th day of June 2010 Present: Her Excellency the Administrator of the Government in Council Pursuant to section 2 of the Immigration Act 2009, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following order. Show contents Contents Order 1 Title This order is the Immigration Act 2009 Commencement Order 2010. 2 Commencement of certain provisions of Immigration Act 2009 (1) Section 477 of the Immigration Act 2009 comes into force on 2 August 2010. (2) The remaining sections of the Immigration Act 2009 that are not in force immediately before 2 am on 29 November 2010, except the following sections, come into force at 2 am on 29 November 2010: (a) section 30: (b) section 31: (c) section 60: (d) section 100: (e) section 104: (f) section 111: (g) section 120: (h) section 149(1)(e): (i) section 278: (j) sections 283 to 291: (k) section 312: (l) section 400(l). Rebecca Kitteridge, Clerk of the Executive Council. Explanatory note This note is not part of the order, but is intended to indicate its general effect. This order brings into force most of the provisions of the Immigration Act 2009. Section 477 comes into force on 2 August 2010. This section amends the Immigration Act 1987 by inserting a new section 141ABA into the Act. New section 141ABA authorises the Department of Labour to disclose certain information to an employer to enable the employer to verify that a person is entitled under that Act to undertake employment in the employer's service. The remaining sections of the Immigration Act 2009 (except the sections listed in the order and the 4 sections already in force) come into force at 2 am on 29 November 2010. The 2 am commencement time on 29 November is to minimise the risk of operational problems at the New Zealand borders as the new immigration processes under the Act come into effect (and those of the Immigration Act 1987 no longer have effect). The 4 provisions of the Immigration Act 2009 that are already in force are sections 474, 475, 476, and 478 (see section 2(4) and (5) of the Immigration Act 2009). The provisions of the Immigration Act 2009 listed in the order that are not brought into force by the order relate to the collection and use of biometric information under the Act, certain powers of search and entry, and a detention power. These are now the only provisions of the Act that await a commencement date. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 1 July 2010. This order is administered by the Department of Labour. Mō About this website Te āheinga kia uru atu Accessibility Ngā tikanga whakamahi Terms of use He manatārua Copyright He tauākī matatapu Privacy statement Whakapā mai Contact us Whakahoki kōrero Feedback … 14 Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand (1) A person who is not a New Zealand citizen may— (a) travel to New Zealand only if the person— (i) is the holder of a visa granted under this Act and the travel is consistent with the conditions of the visa; or (ii) is a person to whom a visa waiver applies (whether authorised by regulation or special direction); and (b) enter and be in New Zealand only if the person is the holder of a visa granted under this Act and he or she has been granted entry permission. (2) To avoid doubt, the fact that an application for a visa has been made by or for any person who is onshore does not— (a) render the person’s presence in New Zealand lawful; or (b) give the person a right to remain in New Zealand while the application is considered; or (c) give the person a right to apply for or be granted any other visa pending determination of the application; or (d) inhibit any deportation procedures under this Act that may apply to the person. (3) This Act applies subject to— (a) sections 90 to 96 of the Extradition Act 1999; and (b) sections 150 to 155 of the International Crimes and International Criminal Court Act 2000. Compare: 1987 No 74 s 4 …

Review method

Source-based draft with independent Gemini 3.8 Flash verification

Other New Zealand changes operative in 2010

• 2010-03-29Introduction of the Temporary Retirement Category
• 2010-03-29Silver Fern Job Search and Practical Experience policy instructions
• 2010-08-02Employer work-entitlement verification: statutory information disclosure
• 2010-10-01China Working Holiday Scheme: qualification verification and English evidence tightened
• 2010-11-29Detention beyond six months: conditional renewal and release test
• 2010-11-29Employer work-entitlement checks: tax-declaration excuse replaced by due diligence
• 2010-11-29Ordinary detention warrants: up to 28 days with identity-related release restrictions
• 2010-11-29Security detention warrants: 28-day periods and conditional release
• 2010-11-29Visa sponsorship: third-party cost recovery with protection for existing undertakings
• 2010-12-20Commencement of refugee/protection biometric collection and general biometric provisions