Immigration (Enhanced Risk Management) Amendment Bill

Immigration (Enhanced Risk Management) Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT The Immigration (Enhanced Risk Management) Amendment Bill (the Bill ) makes targeted amendments to the Immigration Act 2009 (the principal Act ). The amendments enable the principal Act to better meet its purpose, which is to manage immigration in a way that balances the national interest ... and the rights of individuals , by increasing the effectiveness of the immigration compliance and enforcement system, improving the integrity of the refugee and protection system, and improving the operation of the wider immigration system. The Bill strengthens deportation liability settings for residence class visa holders by extending the period during which a person may be liable for deportation following criminal offending from 10 to 20 years and by making deportation liability a more likely outcome for lower-level criminal offending. These amendments respond to cases where individuals have avoided deportation liability due to the existing time limits and aim to reset behavioural expectations for residence class visa holders. The Bill also makes a number of minor amendments to other deportation liability settings to address gaps that have arisen in recent years, including clarifying— the range of false and misleading submissions that can make a person liable for deportation; and that historic crimes that were committed outside New Zealand can give rise to deportation liability; and how administrative errors can give rise to deportation liability. The Bill removes the current ability for all visitor visa holders, and for temporary visa holders who have committed criminal offences, to appeal their deportation liability to the Immigration and Protection Tribunal on humanitarian grounds. This change reflects the different status of, and expectations on, temporary and residence class visa holders, and underscores New Zealand’s expectation that temporary visa holders comply with both New Zealand law and the conditions of their visa or face possible deportation. Additionally, the Bill ensures that victims of serious offences committed by migrants will have the right to be heard during their offender’s deportation proceedings, whether or not the offence against them is the basis of the offender’s liability for deportation. In recognition of the harms and seriousness of migrant exploitation, the Bill makes 3 amendments to increase the range of tools available to address exploitative behaviours by employers. The Bill— extends the maximum prison sentence for migrant exploitation offending from 7 to 10 years; and creates new employer infringement offences relating to providing incorrect or incomplete information to the Ministry of Business, Innovation, and Employment ( MBIE ) and to failing to provide wage and time records when requested under section 277 of the principal Act; and extends the time frame that MBIE has to issue infringement notices for certain employer infringement offences, in recognition of the fact that in many instances MBIE will not become aware of the offending, or complete its investigations, until after the period currently allowed for in the Summary Proceedings Act 1957. The Bill also strengthens compliance and enforcement settings by enabling immigration officers to request information if there is good cause to suspect that someone may be liable for deportation or may be in breach of their visa conditions and by closing a gap so that inadmissible persons can be efficiently turned around at the border. The Bill strengthens the integrity of the refugee and protection system by— reinforcing that New Zealand does not tolerate abuse of the system, which in turn supports efficient processing; and strengthening non-citizens’ rights to liberty of the person. Relevant changes include— preventing individuals from applying for a further visa while in New Zealand after withdrawing an asylum claim. This change aims to prevent abuse of the system by individuals who lodge unmeritorious claims in order to remain in New Zealand while seeking to access an alternative immigration route; and in response to the 2022 Casey Review on the Restriction of Movement of Asylum Claimants (the Casey Review ), amending residence and reporting requirement agreement decisions by immigration officers from being the exercise of their absolute discretion to being exercises of standard discretion. This addresses the third and final legislative recommendation of the Casey Review. The Bill modernises information sharing provisions, allows for secure and transparent sharing of immigration information with government and non-government agencies, and supports the use of digital credentials. The Bill makes 2 further amendments to improve the operation of the wider immigration system, namely— allowing applicants for residence class visas to benefit from changes to visa settings that occur before approval of their application; and enabling deportation liability notices to be served electronically if a physical address cannot be located. DEPARTMENTAL DISCLOSURE STATEMENT The Ministry of Business, Innovation, and Employment is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill. A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2026&no=267 REGULATORY IMPACT STATEMENT The Ministry of Business, Innovation, and Employment produced regulatory impact statements on 21 May 2025, 26 May 2025, 4 June 2025, 10 June 2025, 12 June 2025, and 5 February 2026 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. Copies of these regulatory impact statements can be found at— https://www.mbie.govt.nz/dmsdocument/31761-regulatory-impact-statements-immigration-enhanced-risk-management-pdf https://www.regulation.govt.nz/our-work/regulatory-impact-statements/ CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 is the commencement clause. It provides that the Bill comes into force on the day after Royal assent. However,— clauses 4(2), 16, 20, and 21 (which relate to the deportation liability of a residence class visa holder due to fraud, forgery, etc) come into force 3 months after Royal assent; and clauses 38 and 39 (which relate to infringement offences) come into force 12 months after Royal assent. Clause 3 provides that the Bill amends the Immigration Act 2009 (the principal Act ). AMENDMENTS TO PRINCIPAL ACT Clause 4 amends section 4, which is an interpretation section. Subclause (1) amends the definition of claimant. Subclause (2) inserts a new definition of immigration matter. Clause 5 amends section 8 to adjust the circumstances in which a visa is considered to have been granted as a result of an administrative error. Clause 6 inserts new section 62A , which provides that certain visas are void from the time at which they are granted. Clause 7 amends section 72 to enable an applicant for a residence class visa to request that their application be decided under new immigration instructions issued after they made their application. If an applicant makes such a request before their application is decided, it must be decided in accordance with the new instructions. Clause 8 inserts new section 79A , which provides that a temporary visa granted to a person who holds a residence class visa is void from the time at which it is granted. However, this rule does not apply to a temporary visa granted under section 68. Clause 9 amends section 93 to provide that, 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. Clause 10 inserts new section 113A . New section 113A applies if a person’s entry permission is deemed to be granted under regulations made under the principal Act. New section 113A(2) provides that an immigration officer may revoke the entry permission if permitted or required by, and only in accordance with, immigration instructions relating to entry permission. New section 113A(4) and (5) specify the time frame within which the entry permission may be revoked. New section 113A(7) provides that 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 the principal Act. Clause 11 amends section 150, which relates to asylum claimants who have been granted a temporary visa, to prevent them from applying for a further visa if they withdraw their claim. Clause 12 replaces section 154, while clauses 13 to 15 amend sections 155 to 157. Sections 154 to 157 relate to liability for deportation. The changes remove the right of persons unlawfully in New Zealand, and temporary and interim visa holders who are liable for deportation, to appeal to the Immigration and Protection Tribunal (the Tribunal ) on humanitarian grounds against their liability for deportation if— their visa does not, or the last visa they held did not, allow them to work or study in New Zealand; or they have been convicted or found guilty of, or pleaded guilty to, an offence that was committed after their visa, or the last visa they held, was granted. Clause 16 amends section 158 to make a residence class visa holder liable for deportation if it is established through criminal proceedings ( see new section 158(1B)(a) ) or determined by the Minister ( see new section 158(1B)(b) ) that a person provided fraudulent, forged, false, or misleading information, or concealed relevant information, in relation to an immigration matter other than— the person’s application, or purported application, for a residence class visa or entry permission; or 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. Clause 17 amends section 161, under which a residence class visa holder may be liable to deportation if they are convicted of a criminal offence. Subclause (1) inserts new section 161(1)(aaa) , which makes a residence class visa holder liable for deportation if they are convicted of an offence committed outside New Zealand before they were first granted any visa. Subclause (2) extends the period within which conviction of an offence carrying a maximum penalty of at least 3 months’ imprisonment makes a residence class visa holder liable for deportation from 2 years after they first held a residence class visa to 5 years after they first held a residence class visa. Subclause (3) extends the period within which conviction of an offence carrying a maximum penalty of at least 2 years’ imprisonment makes a residence class visa holder liable for deportation from 5 years after they first held a residence class visa to 10 years after they first held a residence class visa. Subclause (4) extends the period within which being sentenced to at least 5 years’ imprisonment (or an indeterminate period capable of running for at least 5 years) makes a residence class visa holder liable for deportation from 10 years after they first held a residence class visa to 15 years after they first held a residence class visa. Subclause (5) inserts new section 161(1)(ca) , which makes a residence class visa holder liable for deportation if they are sentenced to at least 10 years’ imprisonment (or an indeterminate period capable of running for at least 10 years) for an offence committed within 20 years after they first held a residence class visa. Subclauses (6) and (7) make consequential amendments to section 161(3) and (4). Subclause (8) amends section 161(5)(c) to clarify that the period within which a residence class visa holder becomes liable for deportation if they are convicted of a crime always resets when they re-enter New Zealand after a continuous period of absence of at least 5 years. Clause 18 amends section 170, which relates to deportation liability notices, to enable a deportation liability notice to be served on a person by sending it to an electronic address that they have designated as their contact address if they do not have a physical address that is known to the Ministry of Business, Innovation, and Employment ( MBIE ). Clause 19 amends section 173 to require the Minister, in determining whether to cancel or suspend a person’s liability for deportation, to have regard to written submissions made to the Minister by a victim of serious offending by the person, regardless of whether the person’s liability for deportation arose from that offending. Clause 20 amends section 201, which sets out who may, and who may not, appeal to the Tribunal on the facts against their liability for deportation. The effect of the amendments is to provide that— residents or permanent residents whose liability for deportation arises under new section 158(1B)(b) may appeal to the Tribunal on the facts against their liability for deportation; and residents or permanent residents whose liability for deportation arises under new section 158(1B)(a) may not appeal to the Tribunal on the facts against their liability for deportation. Clause 21 amends section 202 to set out when the Tribunal must allow an appeal on the facts against liability for deportation under new section 158(1B)(b) . Clause 22 amends section 206, which sets out who may, and who may not, appeal to the Tribunal on humanitarian grounds against their liability for deportation, as a consequence of the changes made to sections 154 to 157 by clauses 12 to 15 . Clause 23 amends section 207, which requires the Tribunal, 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 an appellant who became liable for deportation under section 161 to remain in New Zealand, to have regard to any submissions of a victim made in accordance with section 208. The effect of the amendment is to require the Tribunal, in determining those matters, to also have regard to— the nature and seriousness of the offence or offences of which the appellant has been convicted 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. Clause 24 amends section 208 to require the Tribunal, in determining a humanitarian appeal by a person who becomes liable for deportation under section 161, to have regard to written submissions made to it by a victim of serious offending by the appellant, regardless of whether the appellant’s liability for deportation arose from that offending. Clause 25 amends section 272, which sets out the purpose of Part 8, as a consequence of the amendments made to that Part by clauses 29 and 30 . Clause 26 replaces section 280, which empowers an immigration officer to request biographical information and identity documents if they have good cause to suspect that a person is liable for deportation or turnaround. New section 280 empowers an immigration officer to request biographical information and identity documents if they have good cause to suspect that a person— is or may be liable for deportation or turnaround; or is or may be breaching, or has or may have breached, the conditions of the person’s visa. Clause 27 amends section 281, which empowers an immigration officer to require a person who is liable for deportation or turnaround to do certain things, as a consequence of the replacement of section 280 by clause 26 . Clause 28 replaces the heading to section 294AAB as a consequence of the insertion of new sections 294AAC to 294AAJ by clause 29 . Clause 29 inserts new sections 294AAC to 294AAJ . New section 294AAC contains definitions of terms that are used in that section and new sections 294AAD to 294AAH . New section 294AAD sets out the purpose of new sections 294AAE to 294AAI . New section 294AAE authorises the chief executive of MBIE to share information with chief executives of other government agencies, New Zealand courts and tribunals, and non-government organisations in accordance with agreements entered into under new section 294AAF . New section 294AAF provides that the chief executive of MBIE may, after consulting the Privacy Commissioner, enter into a written information sharing agreement with— the chief executive of another government agency; or a New Zealand court or tribunal; or a non-government organisation. New section 294AAG sets out what an information sharing agreement entered into under new section 294AAF must and may contain. New section 294AAH sets out the purposes for which, under an information sharing agreement entered into under new section 294AAF ,— information may be disclosed to the chief executive of MBIE by the other party; and the chief executive of MBIE may disclose information to— the chief executive of another government agency; or a New Zealand court or tribunal. The authorised purposes for disclosure are as follows: assisting the recipient to establish or verify the identity of a person (whether living or dead) in accordance with the recipient’s functions: assisting the recipient to check matters relating to the character of a person (whether living or dead) 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. New section 294AAI provides that an information sharing agreement entered into under new section 294AAF may be varied by written agreement between the chief executive of MBIE and the other party to the agreement. Before varying an agreement, the chief executive of MBIE must consult the Privacy Commissioner on the proposed variation. New section 294AAJ requires the chief executive of MBIE to publish, on an internet site operated by MBIE, agreements entered into under new section 294AAF and variations of those agreements. Clause 30 amends section 301, which authorises the disclosure of immigration information to a provider of a publicly funded service for the purpose of determining eligibility for access to, or liability to pay for, the publicly funded service. The effect of the amendments is to authorise the disclosure of immigration information to a provider of a benefit for the purpose of determining eligibility to receive the benefit. Clause 31 repeals sections 302 to 303C, which relate to information sharing, as a consequence of the insertion of new sections 294AAC to 294AAJ by clause 29 . Clauses 32 and 33 amend sections 309 and 310, which relate to arrest and detention, as a consequence of the replacement of section 280 by clause 26 . Clause 34 amends section 315 to make decisions to offer or agree residence and reporting requirements under that section, and to end any agreement made under that section, matters for the discretion (rather than absolute discretion) of an immigration officer. Clause 35 amends section 342 to— widen the offence for knowingly providing false or misleading information in support of certain applications or requests to cover all requests made under regulations made under the principal Act or immigration instructions; and clarify that conduct that occurs outside New Zealand may constitute an offence against section 342. Clause 36 replaces section 357, which sets out the penalties for offences by employers. New section 357 extends the maximum term of imprisonment for an employer convicted of migrant exploitation from 7 years to 10 years. Clause 37 amends section 359 to correct a cross-reference. Clause 38 amends section 359A to make it an infringement offence, punishable by an infringement fee of $1,000 or a fine imposed by a court not exceeding $2,000, for an employer to— provide incorrect or incomplete information to an immigration officer— in support of any application or request made under the principal Act; or in response to any request for information made under the principal Act; or fail to comply with a requirement made by an immigration officer— to produce for inspection a wages and time record or other document relating to the remuneration or employment conditions of an employee; or to provide a copy of any part of any record or document that is required to be produced to the officer. Clause 39 amends section 360 to modify the procedure that applies under section 21 of the Summary Proceedings Act 1957 if an infringement notice is issued in respect of any of the following infringement offences committed by an employer: allowing a person who is not entitled under the principal Act to work in the employer’s service to do that work: employing a person in a manner that is inconsistent with a work-related condition of that person’s visa: providing incorrect or incomplete information to an immigration officer— in support of any application or request made under the principal Act; or in response to any request for information made under the principal Act. The modifications extend, from 6 months after the date on which the infringement offence is alleged to have been committed to 6 years after that date, the time frame that MBIE has in which to provide particulars of a reminder notice and the time frame for filing in a court a notice of hearing. Clause 40 inserts new section 383AA , which requires the chief executive of MBIE to— publish and maintain, on an internet site operated by MBIE, an up-to-date statement that describes how MBIE collects information under the principal Act, stores information collected under the principal Act, and uses information collected under the principal Act; and ensure that copies of the current statement are available or readily obtained for inspection, free of charge, at offices of MBIE and New Zealand government offices overseas that deal with immigration matters. Clause 41 replaces the cross-heading above section 386. Clause 42 inserts new section 387C , which provides that, for the purposes of the principal Act, communicating with an electronic system that is used by MBIE to deal with an immigration matter is treated as providing information to an immigration officer. TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENT Clause 43 amends Schedule 1AA, which contains transitional, savings, and related provisions. Subclause (1) repeals a spent provision. Subclause (2) inserts new Part 5 , which contains transitional, savings, and related provisions relating to the Bill. Clause 44 makes a consequential amendment to the Electronic Identity Verification Act 2012. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Immigration (Enhanced Risk Management) Amendment Act 2026 . 2 Commencement This Act comes into force on the day after Royal assent. However,— a sections 4(2), 16, 20, and 21 come into force 3 months after Royal assent; and b sections 38 and 39 come into force 12 months after Royal assent. 3 Principal Act This Act amends the Immigration Act 2009. 4 Section 4 amended (Interpretation) In section 4, definition of claimant , replace paragraph (b) with: b does not include a person whose claim has been— i withdrawn; or ii finally determined (within the meaning of section 128) In section 4, insert in its appropriate alphabetical order: immigration matter — a means any matter arising under or concerning the application of this Act (including any regulations or immigration instructions made under it); and b includes— i an application or purported application for a residence class visa, temporary entry class visa, or transit visa: ii an expression of interest under section 92: iii a request for a special direction: iv a claim for recognition as a refugee or a protected person, and any related appeal or matter: v a matter relating to immigration sponsorship: vi a matter relating to an immigration obligation: vii a matter relating to a person’s liability for deportation: viii an appeal in relation to any matter described in paragraph (a) 5 Section 8 amended (Meaning of granting visa or entry permission as result of administrative error) Repeal section 8(1)(a). After section 8(1)(b), insert: ba it is granted to a person— i by an immigration officer; and ii 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 bb it is granted to a person— i 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 ii 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 After section 8(1), insert: 1A In this Act, a visa is also granted as a result of an administrative error if,— a in the case of a residence class visa, it is granted to a person who— i holds a limited visa or a transit visa; or ii 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 iii is liable for deportation (unless the Minister or an immigration officer granted it to the person under section 169(2)); or b in the case of a temporary visa, it is granted to a person who holds— i a limited visa or a transit visa; or ii 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. 6 New section 62A inserted (Visas that are void from time of grant) After section 62, insert: 62A Visas that are void from time of grant 1 The following visas are void from the time at which they are granted: a a visa granted to a New Zealand citizen (other than a New Zealand citizen described in section 13(4)(b)): 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). 7 Section 72 amended (Decisions on applications for residence class visa) After section 72(1), insert: 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 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 must, on or after the date on which the new instructions come into effect, decide the application in accordance with the new instructions. 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. 8 New section 79A inserted (Temporary visa granted to residence class visa holder void from time of grant) After section 79, insert: 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. 9 Section 93 amended (Obligation to inform of all relevant facts, including changed circumstances) After section 93(6), insert: 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,— a 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 b 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. 10 New section 113A inserted (Revocation of deemed entry permission) After section 113, insert: 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. 11 Section 150 amended (Special provision relating to claimants granted temporary visas) Replace section 150(1)(b) with: b having been a person to whom paragraph (a) applies, ceases to be a claimant by virtue of— i their claim being withdrawn; or ii their claim being finally determined (within the meaning of section 128) if, upon their claim being finally determined, the person is not recognised as a refugee or a protected person. 12 Section 154 replaced (Deportation liability if person unlawfully in New Zealand) Replace section 154 with: 154 Deportation liability 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 appeal on humanitarian grounds against their liability for deportation not later than 42 days after they became unlawfully in New Zealand. 3 However, if a person is unlawfully in New Zealand following an unsuccessful reconsideration under section 185 of a decision to decline their visa application, the person may appeal on humanitarian grounds against their liability for deportation not later than 42 days after the later of the following days: a the day on which the person became unlawfully in New Zealand: b the day on which the person received confirmation of the decision to decline their visa application. 4 Despite subsections (2) and (3) , a person who is unlawfully in New Zealand is not entitled to appeal 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 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— a 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: i work in New Zealand: ii work in the exclusive economic zone of New Zealand: iii study in New Zealand; or b 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— i a temporary visa; or ii an interim visa that was granted to them when they held a temporary visa. 13 Section 155 amended (Deportation liability if person’s visa granted in error) Replace section 155(5) with: 5 However, subsection (4) does not apply if— a the person is liable for deportation under this section because they re-entered New Zealand while they were subject to a period of prohibition on entry; or b the person is the holder of a temporary visa, or an interim visa, that is subject to conditions that do not allow them to do each of the following things: i work in New Zealand: ii work in the exclusive economic zone of New Zealand: iii study in New Zealand; or c the person— i is the holder of a temporary visa or an interim visa; and ii has been convicted or found guilty of, or pleaded guilty to, an offence (whether in New Zealand or elsewhere) that was committed after that visa was granted. 14 Section 156 amended (Deportation liability if visa held under false identity) Replace section 156(2) with: 2 If a person is liable for deportation under subsection (1)(b) and the visa is a temporary visa or an interim visa, the person— a may appeal to the Tribunal on humanitarian grounds not later than 42 days after first becoming unlawfully in New Zealand; and b has 14 days from the date of service of a deportation liability notice to give good reason why the deportation should not proceed. 2A However, subsection (2)(a) does not apply if— a the temporary visa or the interim visa is subject to conditions that do not allow the holder to do each of the following things: i work in New Zealand: ii work in the exclusive economic zone of New Zealand: iii study in New Zealand; or b 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 the temporary visa or the interim visa was granted. 15 Section 157 amended (Deportation liability of temporary entry class visa holder for cause) After section 157(4), insert: 4A Subsection (4) does not apply if— a 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: i work in New Zealand: ii work in the exclusive economic zone of New Zealand: iii study in New Zealand; or b 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. 16 Section 158 amended (Deportation liability of residence class visa holder due to fraud, forgery, etc) After section 158(1A), insert: 1B A residence class visa holder is also liable for deportation if— a 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),— i provided fraudulent, forged, false, or misleading information; or ii concealed relevant information; or b 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),— i provided fraudulent, forged, false, or misleading information; or ii 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— a provided the information that is established or determined to be fraudulent, forged, false, or misleading; or b concealed the relevant information that is established or determined to have been concealed. In section 158(3)(a), replace subsection (1)(a) or (2) with subsection (1)(a), (1B)(a) , or (2) . In section 158(3)(b), replace subsection (1)(b) with subsection (1)(b) or (1B)(b) . 17 Section 161 amended (Deportation liability of residence class visa holder convicted of criminal offence) Before section 161(1)(a), insert: aaa of an offence committed outside New Zealand before the person was first granted any visa; or In section 161(1)(a)(iii), replace 2 years with 5 years . In section 161(1)(b), replace 5 years with 10 years . In section 161(1)(c), replace 10 years with 15 years . After section 161(1)(c), insert: ca 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 In section 161(3), replace and (d), the periods of 2 years, 5 years, and 10 years with (ca) , and (d), the periods of 5 years, 10 years, 15 years, and 20 years . In section 161(4), after Subsection (1)(c) , insert and (ca) . In section 161(5)(c), delete as the holder of a residence class visa . 18 Section 170 amended (Deportation liability notice) After section 170(3), insert: 4 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. 19 Section 173 amended (Right of victims to make submissions on suspension or cancellation of liability for deportation) Replace section 173(1) with: 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 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. 20 Section 201 amended (Persons who may appeal to Tribunal on facts) In section 201(1)(a) and (b), replace 158(1)(b) with 158(1)(b) or (1B)(b) . In section 201(2)(a), replace 158(1)(a) with 158(1)(a) or (1B)(a) . 21 Section 202 amended (Grounds for determining appeal on facts) After section 202(ca), insert: cb 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: 22 Section 206 amended (Who may appeal to Tribunal on humanitarian grounds) Replace section 206(2) and (3) with: 2 Despite subsection (1), the following persons may not appeal to the Tribunal on humanitarian grounds against their liability for deportation: a a person to whom section 115, 154(4) or (5) , 210(2), or 216(2) applies: b a limited visa holder who is liable for deportation under section 155, 156, or 157: c a person— i who is liable for deportation under section 155; and ii to whom section 155(5) applies: d a temporary visa holder or interim visa holder whose liability for deportation arises under section 156(1)(a): e a person whose liability for deportation arises under section 156(1)(b) and— i who holds a temporary visa or interim visa to which section 156(2A)(a) applies; or ii to whom section 156(2A)(b) applies: f a temporary visa holder or interim visa holder— i who is liable for deportation under section 157; and ii to whom section 157(4A) applies: g a person whose liability for deportation arises by way of a deportation order under section 163: h a person whose liability for deportation arises from the expiry or cancellation of a limited visa: i 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, if they are required to do so under this Act: j a person who has had a humanitarian appeal heard by the Tribunal in relation to a claim or a subsequent claim. 23 Section 207 amended (Grounds for determining humanitarian appeal) Replace section 207(2) with: 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— a any submissions of a victim made in accordance with section 208; and b the nature and seriousness of the offence or offences— i that the appellant— A has been convicted of; or B has been found guilty of; or C has pleaded guilty to; and ii from which the liability for deportation arose; and c 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. 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. 24 Section 208 amended (Right of victims to make submission on appeal) Replace section 208(1)(a) with: a any written submissions made to it by a victim of an offence or offences 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 25 Section 272 amended (Purpose of Part) Replace section 272(c)(i) and (ii) with: i the persons and agencies to— A effectively administer and comply with certain legislation: B effectively manage risks to New Zealand’s national interests: C effectively prevent information-related harm: D check a person’s eligibility for benefits or publicly funded services: E effectively carry out certain other functions; and ii the Department to effectively administer this Act and carry out certain other functions: 26 Section 280 replaced (Power of immigration officer to request information and documents where liability for deportation or turnaround suspected) Replace section 280 with: 280 Power of immigration officer to request information and documents where liability for deportation or turnaround, or breach of visa conditions, suspected 1 Subsections (2) and (3) apply if an immigration officer has good cause to suspect that a person— a is or may be liable for deportation or turnaround; or b is or may be breaching, or has or may have breached, the conditions of the person’s visa. 2 The immigration officer may require the person to do 1 or more of the things listed in subsection (3) for the purpose of establishing whether the person— a is or may be liable for deportation or turnaround; or b is breaching, or has breached, the conditions of the person’s visa. 3 The things are as follows: a 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 if the person does not currently have in 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. 4 Before acting under subsection (2) , the immigration officer must— a inform the person— i that they suspect that the person is or may be liable for deportation or turnaround; or ii 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 the person that, if the person fails without reasonable excuse to comply with their request, the person is liable to arrest and detention under this Act. 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. 27 Section 281 amended (Power to require information from person liable for deportation or turnaround) In section 281(a), replace section 280(1) with section 280(3) and (5) . 28 Section 294AAB amended (Information sharing) Replace the heading to section 294AAB with Information sharing with regulatory agencies to assist in performance or exercise of certain functions, duties, or powers . 29 New sections 294AAC to 294AAJ inserted After section 294AAB, insert: 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— a is known to, or is possessed or controlled by, a person; and b is securely linked to the person during an interaction with a service; and c 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— a combines an authenticator and securely linked personal or organisational information; and b 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): a search the database: b 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 a New Zealand private sector agency; or b 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— a the disclosure of information by the Department to— i another government agency; or ii a New Zealand court or New Zealand tribunal; or iii a non-government organisation; and b the disclosure of information to the Department by— i another government agency; or ii 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— a the chief executive of another government agency; or b a New Zealand court or New Zealand tribunal; or c 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: a the chief executive of a government agency (other than the Department): b 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— a the chief executive of another government agency; or b a New Zealand court or New Zealand tribunal; or c 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)— a must, for each party to the agreement,— i state the classes or types of information that may be disclosed under the agreement by the party to the other party; and ii state the use that the party may make of information disclosed to it under the agreement; and iii 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 iv state the persons or classes of persons who may access information disclosed to the party under the agreement; and v either— A state that the party must not disclose information disclosed to it under the agreement to any other agencies, bodies, or persons; or B 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 C 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): b 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,— i 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 ii 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: c 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,— i 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 ii 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: d 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: i assisting the non-government organisation to manage risks to New Zealand’s national interests: ii assisting the non-government organisation to prevent information-related harm: e may state the form in which information may be disclosed under the agreement by a party to the agreement to the other party: f 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: g must, if it permits direct access by a party to the agreement to a database of the other party,— i require that a record be kept of— A every occasion on which persons directly access the database under the agreement; and B the identity of each person who directly accessed the database under the agreement; and C the information obtained by direct access to the database under the agreement; and ii state the consequences or possible consequences of non-compliance with the agreement: h must provide for the agreement to be reviewed and specify details relating to the review of the agreement: i 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: a assisting the recipient to establish or verify the identity of a person in accordance with the recipient’s functions: b assisting the recipient to check matters relating to the character of a person in accordance with the recipient’s functions: c assisting the recipient to issue digital credentials: d assisting the recipient to carry out its functions related to, or involving, the processing of international passengers: e assisting the recipient to carry out its functions related to, or involving, the protection of border security: f assisting the recipient to carry out its functions related to, or involving, the protection of national security: g assisting the recipient to carry out its functions related to, or involving, the protection of public revenue: h assisting the recipient to carry out its functions related to, or involving, the protection of public health and safety: i assisting the recipient to carry out its functions related to, or involving, the prevention, detection, investigation, prosecution, or punishment of offences: j assisting the recipient to carry out its functions related to, or involving, the prevention, detection, or investigation of any potential, suspected, or actual— i terrorist act; or ii facilitation of a terrorist act. 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— a 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: b 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. 30 Section 301 amended (Disclosure of immigration information to verify eligibility for publicly funded services) In the heading to section 301, after for , insert benefit or . Replace section 301(1) with: 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 provider to determine,— a in the case of a benefit, a person’s eligibility to receive the benefit: b in the case of a publicly funded service,— i a person’s eligibility for access to the publicly funded service; or ii if a person is being or has been provided with the publicly funded service, the person’s liability to pay for the service provided. Replace section 301(2)(a) to (c) with: a a person who seeks— i access to a publicly funded service; or ii to receive a benefit; or b a person for whom— i access to a publicly funded service is sought; or ii receipt of a benefit is sought; or c a person who is receiving or has received a benefit or publicly funded service. In section 301(3)(g), (4), (5)(c), (7), (8), (9), and (10), delete service in each place. In section 301(11), definition of authorised officer , delete service in each place. In section 301(11), insert in their appropriate alphabetical order: benefit means a payment where eligibility to receive the payment is— a determined by or under legislation; and b related to, or affected by, a person’s immigration status provider ,— a in relation to a benefit, means a person, including a government agency, responsible for determining eligibility to receive the benefit: b in relation to a publicly funded service, means a person, including a government agency, providing, or arranging the provision of, the publicly funded service In section 301(11), repeal the definition of service provider . 31 Sections 302 to 303C repealed Repeal sections 302 to 303C. 32 Section 309 amended (Persons liable to arrest and detention) Replace section 309(1)(c) with: c persons who— i an immigration officer or a constable suspects— A are or may be liable for deportation or turnaround; or B are or may be breaching, or have or may have breached, the conditions of their visa; and ii fail to supply satisfactory evidence of their identity when requested under section 280 : 33 Section 310 amended (Purpose for which arrest and detention powers may be exercised) Replace section 310(c) with: c in the case of a person who an immigration officer or a constable suspects is or may be liable for deportation or turnaround, and who fails to supply satisfactory evidence of their identity when requested under section 280 , to detain the person pending satisfactory establishment of the person’s identity: ca in the case of a person who an immigration officer or a constable suspects is or may be breaching, or has or may have breached, the conditions of their visa, and who fails to supply satisfactory evidence of their identity when requested under section 280 , to detain the person pending satisfactory establishment of the person’s identity: 34 Section 315 amended (Person may instead agree to residence and reporting requirements) Repeal section 315(2). In section 315(5), delete , in the officer’s absolute discretion, decide to . 35 Section 342 amended (Provision of false or misleading information) In section 342(1), after who , insert , whether in or outside New Zealand, . After section 342(1)(a)(iii), insert: iv any other application or request made under regulations made under this Act or immigration instructions; or 36 Section 357 replaced (Penalties: employers) Replace section 357 with: 357 Penalties: employers 1 An employer convicted of an offence against section 350 is liable to a fine not exceeding $50,000. 2 An employer convicted of an offence against section 351 is liable to imprisonment for a term not exceeding 10 years or to a fine not exceeding $100,000 (or both). 37 Section 359 amended (Interpretation) In section 359, definition of infringement fee , paragraph (a), replace section 359A(2) with section 359A . 38 Section 359A amended (Employment infringement offence) After section 359A(1)(b), insert: ba provide incorrect or incomplete information to an immigration officer— i in support of any application or request made under this Act; or ii in response to any request for information made under this Act: After section 359A(1)(c), insert: d fail to comply with a requirement made under section 277. In section 359A(3), replace subsection (1)(c) with subsection (1) (ba) , (c), or (d) . 39 Section 360 amended (Infringement offences) After section 360(3), insert: 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. 40 New section 383AA inserted (Publication of statement on collection, storage, and use of information) After section 383, insert: 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— a collects information under this Act; and b stores information collected under this Act; and c 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— a offices of the Department; and b 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. 41 Cross-heading above section 386 replaced Replace the cross-heading above section 386 with: Communications: notice requirements, addresses, etc 42 New section 387C inserted (Treatment of communication with electronic system used by Department to deal with immigration matter) After section 387B, insert: 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. 43 Schedule 1AA amended In Schedule 1AA, repeal clause 2. In Schedule 1AA,— a insert the Part set out in Schedule 1 of this Act as the last Part; and b make all necessary consequential amendments. 44 Consequential amendment Amend the legislation specified in Schedule 2 as set out in that schedule. 1 New Part 5 inserted into Schedule 1AA 5 Provisions relating to Immigration (Enhanced Risk Management) Amendment Act 2026 7 Interpretation In this Part,— amendment Act means the Immigration (Enhanced Risk Management) Amendment Act 2026 commencement date means the date on which this Part comes into force old , in relation to a provision of this Act, means the provision as in force before its repeal by the amendment Act. 8 Application of amendment relating to decisions on applications for residence class visa 1 The amendment made to section 72 of this Act by section 7 of the amendment Act applies to an application for a residence class visa made before the commencement date if no decision has been made in respect of the application before the commencement date. 2 However, an applicant for a residence class visa may only make a request under section 72(1A) in respect of new immigration instructions that are certified on or after the commencement date. 9 Application of amendments affecting deportation liability of residence class visa holder due to fraud, forgery, etc The amendments made to section 158 of this Act by section 16 of the amendment Act apply to a residence class visa holder regardless of whether their residence class visa was granted before, on, or after the date on which section 16 of the amendment Act comes into force. 10 Application of amendments affecting deportation liability of residence class visa holder convicted of criminal offence 1 The amendment made to section 161 of this Act by section 17(1) of the amendment Act applies to a residence class visa holder— a regardless of whether their residence class visa was granted before, on, or after the commencement date; and b in relation to an offence of which the residence class visa holder is convicted on or after the commencement date regardless of whether the offence was committed before, on, or after the commencement date. 2 The amendments made to section 161 of this Act by section 17(2) to (8) of the amendment Act apply to a residence class visa holder regardless of whether their residence class visa was granted before, on, or after the commencement date. 3 However,— a the amendments made to section 161 of this Act by section 17(2) to (7) of the amendment Act apply only in relation to offences committed on or after the commencement date; and b the amendment made to section 161 by section 17(8) of the amendment Act applies to a residence class visa holder in relation to their first re-entry to New Zealand after a continuous period of absence from New Zealand of at least 5 years only if the re-entry occurs on or after the commencement date. 11 Application of amendment relating to ending of agreement as to residence and reporting requirements The amendment made to section 315(5) of this Act by section 34(2) of the amendment Act applies to an agreement made under section 315(1) of this Act regardless of whether the agreement was made before, on, or after the commencement date. Disclosure of information under existing agreements entered into under old section 302, 303, 303A, or 303B 12 Existing agreements continued in force 1 Subclause (2) applies to an agreement— a entered into under old section 302, 303, 303A, or 303B; and b that is in force immediately before the commencement date. 2 The agreement continues in force on and after the commencement date. 3 Old section 302(6) continues to apply on and after the commencement date in relation to an agreement— a entered into under old section 302; and b that is continued in force by subclause (2) . 4 Old section 303B(3) continues to apply on and after the commencement date in relation to an agreement— a entered into under old section 303B; and b that is continued in force by subclause (2) . 5 Old section 303C(2) continues to apply on and after the commencement date in relation to an agreement— a entered into under old section 303, 303A, or 303B; and b that is continued in force by subclause (2) . 13 Disclosure of information under existing agreements to enable Department to check identity, character, and status 1 The purpose of this clause 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 clause, 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 who 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 they receive 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 subclause (5) to an authorised officer under an agreement entered into under old section 302 and that is continued in force by clause 12(2) . 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 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 entered into under old section 302 and that are continued in force under clause 12(2) , 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. 7 In this clause,— 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 clause 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. 14 Disclosure of information under existing agreements to enable specified agencies to check identity and character 1 The purpose of this clause is to facilitate the disclosure of information by the Department to a specified agency to enable the specified agency to— a establish or verify a person’s identity: b check matters relating to a person’s character. 2 For the purposes of this clause, the chief executive of the specified agency may supply identifying information about the following persons to the chief executive of the Department: a a person in New Zealand who the chief executive of the specified agency believes is not a New Zealand citizen: b a person outside New Zealand who the chief executive of the specified agency believes— i is not a New Zealand citizen; and ii is intending to board a craft for the purpose of travelling to New Zealand: c a person outside New Zealand who the chief executive of the specified agency believes— i is not a New Zealand citizen; and ii has previously travelled to New Zealand. 3 The chief executive of the Department may compare the information they receive with information that the Department holds about the person. 4 If the Department holds immigration information about the person, the chief executive of the Department may supply the information described in subclause (5) to an authorised officer under an agreement entered into under old section 303 and that is continued in force by clause 12(2) . 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 Department (which may include information about associates and networks): i the person’s past travel movements: j details of a visa held by the person. 6 The chief executive of the specified agency must ensure that each annual report of the specified agency includes information about agreements between the chief executive of the specified agency and the chief executive of the Department entered into under old section 303 and that are continued in force under clause 12(2) , 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 Department was challenged. 7 In this clause,— authorised officer means an officer, employee, or agent of the specified agency who is authorised by the chief executive of the specified agency to receive information from the chief executive of the Department in accordance with this clause 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 specified agency: e unique identifying number used by the Department: 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. 15 Disclosure of information under existing agreements to specified agencies for purposes of law enforcement, counter-terrorism, and security 1 The purpose of this clause is to enable the disclosure of information by the Department to a specified agency to allow that agency a longer period of time to— a identify any person of interest who is intending to board a craft for the purpose of travelling from New Zealand; and b perform any of its functions, or exercise any of its powers, in relation to an identified person of interest before that person departs from New Zealand. 2 For the purpose of this clause, the chief executive of a specified agency may supply to the chief executive of the Department personal information about a person of interest. 3 The chief executive of the Department may compare the information received under subclause (2) about a person of interest with APP information that they hold. 4 If the chief executive of the Department holds APP information about the person of interest, they may, under an agreement entered into under old section 303A and that is continued in force by clause 12(2) ,— a notify the chief executive of the specified agency that the person of interest intends to board a craft for the purpose of travelling from New Zealand; and b disclose to that chief executive— i the APP information held by the chief executive of the Department about the person of interest; and ii any other information held by the chief executive of the Department about the person’s intended travel (for example, when and where the person checked in). 5 In this clause,— APP information means advance passenger processing information that the chief executive of the Department has received under section 96(2) about persons intending to board a craft for the purpose of travelling from New Zealand chief executive of a specified agency means the head of that specified agency person of interest means a person of interest to the chief executive of a specified agency because the chief executive believes on reasonable grounds that the person may attempt to leave New Zealand and that the person— a poses a threat or risk to the security of New Zealand or another country because the person intends to— i carry out, or facilitate, a terrorist act (within the meanings of those terms or expressions in sections 5 and 5A of the Terrorism Suppression Act 2002); or ii engage in, or facilitate, the proliferation of weapons of mass destruction; or iii engage in, or facilitate, any other unlawful activity designed or likely to cause serious economic damage to New Zealand, carried out for the purpose of commercial or economic gain; or b is— i a person under control or supervision (as defined in section 3(1) of the Corrections Act 2004); or ii on bail with an electronic monitoring condition granted under section 30B of the Bail Act 2000; or iii liable to be arrested (with or without a warrant) by an employee or agent of a specified agency; or iv suspected of escaping from lawful custody; or v suspected of being a perpetrator or victim of an offence under section 98D of the Crimes Act 1961 (trafficking in persons); or vi suspected of being involved in the unlawful movement of illegal goods; or vii a person who poses a risk, for any reason, to the safety of other passengers, the crew, or craft personal information , in relation to a person of interest, includes the following information: a the person’s— i full name; and ii date of birth; and iii place of birth; and iv nationality; and v gender; and b the details specified in the person’s passport or certificate of identity, if known, including— i the passport or certificate of identity number; and ii the expiry date; and iii the issuer of the person’s certificate of identity (if any), if it is not the person’s country of nationality specified agency means— a the New Zealand Police: b the department of State responsible for the administration of the Corrections Act 2004: c the department of State responsible for the administration of the Customs and Excise Act 1996: d the Civil Aviation Authority of New Zealand continued by section 20 of the Civil Aviation Act 2023. 16 Direct access to information under existing agreements for purposes of law enforcement, counter-terrorism, and security 1 For the purpose of clause 15 , the chief executive of the Department may allow the chief executive of a specified agency to access the APP information database or databases to search for information relating to a person of interest under an agreement entered into under old section 303B and that is continued in force by clause 12(2) . 2 In this clause,— access , in relation to a database, includes remote access to the database APP information , chief executive of a specified agency , person of interest , and specified agency have the meanings given to them by clause 15(5) APP information database means the database of APP information database means any information recording system or facility used by the Department to store or process information. 17 First statement on collection, storage, and use of information The first statement that is required to be published under section 383AA must be published on the commencement date. 2 Consequential amendment to Electronic Identity Verification Act 2012 In section 7, definition of identity-related information , paragraph (a)(iii), replace section 303(8) with clause 14(7) of Schedule 1AA .