Visa sponsorship: third-party cost recovery with protection for existing undertakings

Policy effect

From November 29, 2010, sections 48 and 55 of the Immigration Act 2009 provided for visa sponsorship undertakings and expressly made a sponsor liable for a debt to a third party when that party incurred a cost as a result of the sponsor’s failure to comply, recoverable in a court of competent jurisdiction. Crown cost recovery was already provided for temporary-permit sponsorship under section 28 of the Immigration Act 1987; enforceable sponsorship was therefore not wholly new. Under section 55, having the required sponsor and the sponsor meeting the undertaking were visa conditions, and the sponsor’s non-compliance also deemed the visa holder to have breached those conditions. Section 470 carried over qualifying sponsorship undertakings in force immediately before repeal of the former Act into section 55, with necessary modifications, but expressly excluded the third-party-debt provision for those existing undertakings. These consequences applied to required sponsorship undertakings, not every visa holder.

Conditions and exceptions

Validated condition or limit: Under section 55, having the required sponsor and the sponsor meeting the undertaking were visa conditions, and the sponsor’s non-compliance also deemed the visa holder to have breached those conditions.; Section 470 carried over qualifying sponsorship undertakings in force immediately before repeal of the former Act into section 55, with necessary modifications, but expressly excluded the third-party-debt provision for those existing undertakings.; These consequences applied to required sponsorship undertakings, not every visa holder.

Official source excerpt

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

55 Condition that visa holder have sponsor (1) This section applies to a visa holder who, when applying for the visa concerned, was required to provide a written undertaking from a sponsor in accordance with section 48 . (2) It is a condition of the visa that— (a) the visa holder have a sponsor for the purposes of the specified matter or matters provided for in the written undertaking; and (b) the sponsor meets the obligations in relation to the specified matter or matters provided for in the undertaking. (3) If the sponsor fails to comply with the undertaking— (a) the sponsor owes a debt to the Crown, recoverable by the Crown in a court of competent jurisdiction, if the Crown incurs a cost as a result of the failure; and (b) the sponsor owes a debt to a third party, recoverable by the third party in a court of competent jurisdiction, if a cost has been incurred by the third party as a result of the failure; and (c) the visa holder is deemed to have breached the conditions of his or her visa imposed under subsection (2). … 28 Minister may require applicant for temporary permit to have sponsor (1) Without limiting the Minister's discretion under section 27 of this Act, the Minister may, before granting a temporary permit, require the applicant to supply a written undertaking, in a form approved by the Minister, by any person acceptable to the Minister (in subsection (2) of this section called the sponsor) who is a New Zealand citizen or the holder of a residence permit or is exempt under section 12(1) of this Act from the requirement to hold a permit, relating to the employment, accommodation, maintenance (including the costs of any social services of a kind for which benefits are provided by the State), or repatriation of the applicant and any dependants of the applicant in New Zealand, or to any 2 or more of those matters, or to any other matter or matters specified by the Minister, and otherwise upon such conditions as the Minister may require. (2) In the event of the sponsor failing to comply with the whole or any part of the undertaking, the sponsor shall be liable to pay to the Crown all costs and expenses reasonably incurred by the Crown in respect of that failure. Section 28(1): amended, on 18 November 1991, by section 15 of the Immigration Amendment Act 1991 (1991 No 113). … 470 Sponsorship under former Act (1) This section applies to an undertaking if— (a) a person has supplied a written undertaking relating to the employment, accommodation, maintenance, or repatriation of an applicant for a visa or permit under the former Act (whether under section 28 of that Act or otherwise); and (b) the undertaking is in force immediately before the commencement of section 404 of this Act. (2) The undertaking must be treated as an undertaking to which section 55 of this Act applies, and this Act applies accordingly with any necessary modifications. (3) Despite subsection (2), nothing in section 55(3)(b) applies to an undertaking to which this … … 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 Ac …

Review method

Source-based draft with independent Gemini 3.8 Flash verification

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