Commencement of refugee/protection biometric collection and general biometric provisions

Policy effect

On December 20, 2010, the Immigration Act 2009 Commencement Order (No 2) 2010 brought sections 30, 31 and 149(1)(e) into force. Section 149(1)(e) authorised biometric collection from people claiming refugee or protected-person status or whose recognition was being investigated; sections 30 and 31 set general provisions for the method of biometric collection and use under the Act. The order did not commence the other biometric collection powers for visa or entry-permission applicants and people arriving in or departing from New Zealand; those provisions still awaited commencement.

Official source excerpt

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

This order brings into force, on 20 December 2010, 3 further provisions of the Immigration Act 2009. Section 149(1)(e) authorises the collection of biometric information from a person claiming refugee or protected person status under the Act or whose recognition as a refugee or protected person is being investigated. Sections 30 and 31 are general provisions relating to the method of collection and use of biometric information under the Act. The only provisions of the Act that now await a commencement date are sections 60, 100, 104, 111, 120, 278, 283 to 291, 312, and 400(l). These provisions relate to the collection of biometric information in relation to other people (for example, people applying for visas or entry permission and those arriving in and departing from New Zealand), certain powers of search and entry, and a detention power.

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 framework replaces permits while retaining separate entry permission
• 2010-11-29Visa sponsorship: third-party cost recovery with protection for existing undertakings