Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order brings into force, on 20 October 2011, sections 60, 111, 120, and 288 to 291 of the Immigration Act 2009 (the Act).

Sections 60, 111, 120, and 288 authorise the collection of biometric information (defined in section 4 of the Act) from—

• visa applicants (section 60):

• applicants for entry permission (section 111):

• persons other than New Zealand citizens leaving New Zealand (section 120):

• a person to whom section 288 applies, being a person an immigration officer has good cause to suspect is a person who—

  • is liable for deportation or turnaround; or

  • is not complying with, or is materially breaching, the conditions of his or her visa; or

  • is undertaking work or a course of study that he or she is not entitled to under the Act; or

  • has obtained a visa under a fraudulent identity.

If a person refuses to allow an immigration officer to collect biometric information, the officer may apply to a District Court Judge for a compulsion order that requires the person to allow the biometric information specified in the order to be collected (sections 289 to 291).

The only provisions of the Act that now await a commencement date are sections 100, 104, 278, 283 to 287, 312, and 400(l).