Immigration Amendment Regulations (No 2) 2008
Immigration Amendment Regulations (No 2) 2008
Immigration Amendment Regulations (No 2) 2008: revoked, at 2 am on 29 November 2010, pursuant to section 405(b) of the Immigration Act 2009 (2009 No 51).
Immigration Amendment Regulations (No 2) 2008
Reprint
as at 29 November 2010

Immigration Amendment Regulations (No 2) 2008
(SR 2008/173)
Anand Satyanand, Governor-General
Order in Council
At Wellington this 23rd day of June 2008
Present:
His Excellency the Governor-General in Council
Immigration Amendment Regulations (No 2) 2008: revoked, at 2 am on 29 November 2010, pursuant to section 405(b) of the Immigration Act 2009 (2009 No 51).
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Department of Labour.
Pursuant to section 150 of the Immigration Act 1987, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Contents
3 Principal regulations amended
4 Maximum period of currency of temporary permits
5 Visa and permit fees not payable in certain circumstances
Regulations
1 Title
These regulations are the Immigration Amendment Regulations (No 2) 2008.
2 Commencement
-
(1) Regulation 9, in so far as it relates to items 6 and 10 of Schedule 3 of the principal regulations, comes into force on 1 October 2008.
(2) The rest of these regulations come into force on 28 July 2008.
3 Principal regulations amended
These regulations amend the Immigration Regulations 1999.
4 Maximum period of currency of temporary permits
Regulation 23(b) is amended by omitting
“3”
and substituting“5”
.
5 Visa and permit fees not payable in certain circumstances
-
(1) Regulation 43(2) is amended by inserting—
(a)
“or permits”
after“visas”
; and
(b)
“or permit”
after“visa”
in each place it appears.
(2) Regulation 43 is amended by revoking subclauses (3) and (3A) and substituting the following subclause:
“(3) The fee imposed by item 9 of Part 1 of Schedule 3 for an application for a transit visa is not payable by a citizen of Fiji.”
6 Certain persons entitled to fee reduction
-
(1) Regulation 43A(1) is amended by—
(a) omitting
“item 1(e)”
and substituting“item 1(g)”
; and
(b) omitting
“item 6(d)(i), 6(e)(i), or 6(g)”
and substituting“item 7(d)(i), 7(e)(i), or 7(h)”
.
(2) Regulation 43A(2) is amended by—
(a) omitting
“item 6(g)”
and substituting“item 7(h)”
; and
(b) omitting
“item 6(d)(i) or 6(e)(i)”
and substituting“item 7(d)(i) or 7(e)(i)”
; and
(c) omitting
“item 6(d)(i), 6(e)(i), or 6(g)”
and substituting“item 7(d)(i), 7(e)(i), or 7(h)”
.
7 Migrant levy
-
(1) Regulation 45 is amended by revoking subclause (2) and substituting the following subclause:
-
“(2) The amount of the migrant levy is the appropriate amount for the relevant category set out in—
“(a) the second column of the table in Part 2 of Schedule 3, for persons 5 years of age or older:
“(b) the third column of that table, for persons under 5 years of age.”
(2) Regulation 45(3) is amended by omitting
“the appropriate amount, for the category under which the visa is issued or the permit is granted, set out in the third column of the table in Part 2 of Schedule 3”
and substituting“the sum of the amounts payable by the 4 oldest persons included in the application”
. -
8 Exemption from migrant levy
Regulation 45A(1) is amended by omitting
“or family quota category”
.
9 Schedule 3 substituted
Schedule 3 is revoked and Schedule 3 set out in the Schedule of these regulations is substituted.
Schedule |
Schedule 3
Fees and levies
Part 1
Feesrr 42, 43A
Fee ($)* Location of designated receiving office A B C Application or other matter New Zealand Pacific or Sydney Any other location 1 Application for residence permit or visa— (a) skilled migrant category 1,400 1,200 1,800 (b) general (active) investor category 3,400 3,400 3,400 (c) professional investor category 3,400 3,400 3,400 (d) global investor category 3,400 3,400 3,400 (e) entrepreneur category 2,600 2,600 2,600 (f) family category 700 700 1,200 (g) Samoan quota category 600 600 – (h) Pacific access category 650 650 – (i) refugee family support category 490 490 690 (j) residence from work category 700 – – (k) any other category 700 700 1,200 2 Expression of interest, under the skilled migrant category, in invitation to apply for residence— (a) written paper notification 500 500 500 (b) online notification 400 400 400 3 Expression of interest, under the general (active) investor category, in invitation to apply for residence 460 460 460 4 Request, under the business investor category, for consideration of a business plan (whether a first or subsequent business plan) or of an amended business plan 750 750 750 5 Application for returning resident's visa 140 140 140 6 Application for granting of second or subsequent residence permit by person without current returning resident's visa 80 – – 7 Application for temporary permit or visa— (a) visitor permit or visa 130 100 130 (b) student permit
(i) written paper application
200 – –
(ii) online application
70 – – (c) student visa 200 150 200 (d) work permit—
(i) under talent (accredited employers), talent (arts, culture, and sports), and priority occupations list work policies
240 – –
(ii) work partnership
280 – –
(iii) other
200 – – (e) work visa—
(i) under talent (accredited employers), talent (arts, culture, and sports), and priority occupations list work policies
240 240 240
(ii) work partnership
280 280 280
(iii) other
200 180 200 (f) working holiday scheme 120 – 120 (g) working holidaymaker extension permit 120 – – (h) long-term business visa or permit 2,600 2,200 2,600 (i) group visitor visa, per person—
(i) Beijing, Shanghai, Taipei only
– – 60
(ii) client of approved destination status travel agents (China only)
– – 40
(iii) Bangkok (citizens of Thailand) only
– – 60
(iv) other
60 60 60 8 Application for limited purpose permit or visa— (a) visa for study purposes 200 150 200 (b) further permit for study purposes 200 – – (c) visa for the purpose of working for a recognised seasonal employer 200 180 200 (d) further permit for the purpose of working for a recognised seasonal employer 200 - - (e) other 130 100 130 9 Application for transit visa 120 120 120 10 Application for group transit visa, per person (citizens of China only) 60 – 60 11 Special direction fee 140 140 140 12 For residence permit granted under section 35A of Act 700 – – 13 For temporary permit granted under section 35A of Act 260 – – 14 Application for reconsideration under section 31 of Act of decision to decline another temporary permit 140 – – 15 Application for variation of conditions of permit 120 – – 16 Request by employer for approval in principle for granting of permit for purpose of recruitment of staff 180 – – 17 Confirmation of residence status under regulation 11 80 – – 18 Appeal to Residence Appeal Authority— (a) in relation to application for residence visa or permit declined under humanitarian category 700 – – (b) other 700 – – 19 Appeal to Removal Review Authority 700 – – 20 Additional call-out fee, where office is opened outside ordinary opening hours in order to process application or other matter as requested 210 210 210 21 Transfer fee, where permit or visa stamp or label transferred from one passport or certificate of identity to another 80 80 80 22 Registration under Pacific access category— (a) first year's registration 50 50 – (b) second and subsequent years' registration 20 20 – 23 Registration under refugee family support category— (a) tier 1 queue registration or tier 2 ballot first year's registration 70 – – (b) tier 2 ballot second and subsequent years' registration 50 – – 24 Employer accreditation under talent (accredited employer) work policy— (a) first year's accreditation 1,400 – – (b) second and subsequent years' re-accreditation 400 – – 25 Reconsideration of application from employer for accreditation 140 – – 26 Application for recognised seasonal employer status 700 – – 27 Application for agreement to recruit under recognised seasonal employer policy 180 – – *Reduced by $90 if regulation 43A applies
Part 2
Migrant levyr 45
Category within Government residence policy or other policy under which visa or permit issued or granted Migrant levy per person
($)Migrant levy per person if under 5 years of age
($)General (active) investor category 300 150 Professional investor category 300 150 Global investor category 300 150 Entrepreneur category 300 150 Employees of relocating business category 300 150 Skilled migrant category or general skills category 300 150 Residence from work category 300 150 Family category (excluding Samoan citizens and refugee-associated persons specified in regulation 45A) 300 150 Pacific access category 150 150 Special residence policy for Zimbabwean citizens 300 150
Rebecca Kitteridge,
Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
These regulations amend the Immigration Regulations 1999. The amendments made by the regulations come into force on 28 July 2008, but the amendments made by regulation 9 that relate to items 6 and 10 of Part 1 of Schedule 3 come into force on 1 October 2008. The amendments—
extend the maximum period of temporary work permits to 5 years:
provide that permit fees are waived for the citizens of any country with which New Zealand has a reciprocal permit waiver agreement that applies to those permits:
exempt the citizens of Fiji from the requirement to pay fees for an application for a transit visa and make amendments consequential on the revocation of the Immigration (Transit Visas) Regulations 2005:
decrease fees relating to applications for some group visitor visas and transfer of a visa or permit stamp or label from one passport or certificate of identity to another:
increase the fee for the granting of section 35A permits:
introduce new fees relating to applications for group transit visas (citizens of China) and residence permits for former residents who return to New Zealand without returning residents' visas:
remove references to the family quota category:
reduce the migrant levy for children under 5 years to $150:
provide that the maximum total migrant levy payable in respect of persons included in a single or associated application is the sum of the amounts payable by the 4 oldest persons included in the application:
revoke and substitute Schedule 3 to give effect to the amended fees and the changes to the migrant levy for children under 5 years:
make minor consequential changes.
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 26 June 2008.
Contents
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
Notes
1 General
-
This is a reprint of the Immigration Amendment Regulations (No 2) 2008. The reprint incorporates all the amendments to the regulations as at 29 November 2010, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/
.
2 Status of reprints
-
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
3 How reprints are prepared
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/
or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
-
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as
“of this section”
and“of this Act”
)•typeface and type size (Times Roman, generally in 11.5 point)
-
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as
“the 1st day of January 1999”
is now expressed as“1 January 1999”
)•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
-
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).
5 List of amendments incorporated in this reprint (most recent first)
Immigration Act 2009 (2009 No 51): section 405(b)