Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 4) 2024
Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 4) 2024
Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 4) 2024
2024/196

Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 4) 2024
Cindy Kiro, Governor-General
Order in Council
At Wellington this 23rd day of September 2024
Present:
Her Excellency the Governor-General in Council
These regulations are made under section 400 of the Immigration Act 2009—
(a)
on the advice and with the consent of the Executive Council; and
(b)
on the recommendation of the Minister of Immigration made under section 403A(1) of that Act.
Contents
Regulations
1 Title
These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 4) 2024.
2 Commencement
(1)
These regulations come into force on 1 April 2025.
(2)
However,—
(a)
regulation 6 comes into force on 24 October 2024; and
(b)
regulation 7 comes into force on 3 February 2025.
3 Principal regulations
These regulations amend the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010.
4 Regulation 4 amended (Interpretation)
(1)
In regulation 4(1), insert in its appropriate alphabetical order:
positioning cargo ship crew means a person who is travelling to New Zealand as a passenger (other than a transit passenger) on a commercial aircraft for the purpose of—
(a)
leaving New Zealand as crew on one of the following ships:
(i)
a cargo ship in the ordinary course of business of the ship:
(ii)
a foreign ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (within the meaning of section 198(6) of that Act); or
(b)
staying in New Zealand as crew on one of the following ships, and then leaving New Zealand as a passenger on a commercial aircraft:
(i)
a cargo ship in the ordinary course of business of the ship:
(ii)
a foreign ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (within the meaning of section 198(6) of that Act)
(2)
In regulation 4(1), replace the definition of positioning crew with:
positioning crew means positioning aircraft crew, positioning cargo ship crew, or positioning cruise ship crew
5 Regulation 23C amended (Requirement for certain visa waiver crew to hold crew ETA)
After regulation 23C(c), insert:
(d)
cargo ship crew travelling in the ordinary course of business of the ship between any foreign port and New Zealand:
(e)
crew on a foreign ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (within the meaning of section 198(6) of that Act).
6 Regulation 23I amended (Requirements for ETA request)
Replace regulation 23I(1)(b)(xviii) with:
(xviii)
a photograph of their head that complies with the standards specified for that purpose by the Department:
7 Schedule 1AA amended
In Schedule 1AA,—
(a)
insert the Part set out in the Schedule of these regulations as the last Part; and
(b)
make all necessary consequential amendments.
8 Schedule 2 amended
In Schedule 2, after item 7D, insert:
7E
Cargo ship passengers travelling between any foreign port and New Zealand.
7F
Cargo ship crew travelling in the ordinary course of business of the ship between any foreign port and New Zealand.
7G
Crew on a foreign ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (within the meaning of section 198(6) of that Act).
9 Schedule 3 amended
(1)
In Schedule 3, item 3, replace the text in the first column with:
Cargo ship passengers travelling between any foreign port and New Zealand who— (a)have arrived in New Zealand; and (b)hold an ETA or are exempted by regulation 23E(a) from the requirement to hold one |
(2)
In Schedule 3, item 4, replace the text in the first column with:
Cargo ship crew travelling in the ordinary course of business of the ship between any foreign port and New Zealand who— (a)have arrived in New Zealand; and (b)hold an ETA or are exempted by regulation 23E(a) from the requirement to hold one |
(3)
In Schedule 3, item 6, replace the text in the first column with:
Crew on a foreign ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (within the meaning of section 198(6) of that Act) who— (a)have arrived in New Zealand; and (b)hold an ETA or are exempted by regulation 23E(a) from the requirement to hold one |
Schedule New Part 4 inserted into Schedule 1AA
Part 4 Provision relating to Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 4) 2024
6 Persons who will be required to hold ETA on or after 1 April 2025 may request ETA
(1)
This clause applies to a person who is required to hold an ETA on or after 1 April 2025 under the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 4) 2024.
(2)
The person may, from 3 February 2025, request an ETA and, in that case,—
(a)
these regulations apply in relation to the request and the issued ETA; and
(b)
the period of validity of the ETA begins on the date on which it is issued.
Nicola Purvis,
Acting 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 (Visa, Entry Permission, and Related Matters) Regulations 2010 (the principal regulations).
These regulations, apart from regulations 6 and 7, come into force on 1 April 2025. Regulation 6, which amends regulation 23I of the principal regulations in relation to photographs required as part of requests for an electronic travel authority (ETA), comes into force on 24 October 2024. Regulation 7, which inserts new Part 4 into Schedule 1AA of the principal regulations relating to requests for an ETA, comes into force on 3 February 2025.
The effects of the amendments are as follows:
the following people are categorised as people to whom a visa waiver to travel to New Zealand applies, provided they hold a valid ETA or are exempt from the requirement to hold one:
cargo ship passengers travelling between any foreign port and New Zealand (cargo ship passengers):
cargo ship crew travelling in the ordinary course of business of the ship between any foreign port and New Zealand (cargo ship crew):
people who are travelling to New Zealand as a passenger (other than a transit passenger) on a commercial aircraft for the purpose of—
leaving New Zealand as crew on one of the following ships:
a cargo ship in the ordinary course of business of the ship:
a foreign ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (within the meaning of section 198(6) of that Act); or
staying in New Zealand as crew on one of the following ships, and then leaving New Zealand as a passenger on a commercial aircraft:
a cargo ship in the ordinary course of business of the ship:
a foreign ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (within the meaning of section 198(6) of that Act) (positioning cargo ship crew):
crew of foreign ships authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (crew of a ship carrying coastal cargo) (see regulations 4, 5, and 8):
a cargo ship passenger, cargo ship crew member, or crew member of a ship carrying coastal cargo must hold an ETA, or be exempt under regulation 23E(a) of the principal regulations from the requirement to hold one, in order to be—
deemed to have been granted a temporary visa on arrival under regulation 19 of the principal regulations; or
exempted from the requirement to apply for entry permission and deemed to have been granted entry permission on arrival in New Zealand under regulation 25 of the principal regulations (see regulation 9):
a cargo ship passenger, cargo ship crew member, positioning cargo ship crew member, or crew member of a ship carrying coastal cargo may request, and be issued with, an ETA on and from 3 February 2025 in advance of the date on or from which they will be required to hold one (1 April 2025) (see Schedule):
if, as part of a request for an ETA, a photograph of the requestor’s head is required, the photograph must comply with the standards specified for that purpose by the Ministry of Business, Innovation, and Employment (referred to as the Department in new regulation 23I(1)(b)(xviii)) (see regulation 6).
Regulatory impact statement
The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 12 July 2024 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 26 September 2024.
These regulations are administered by the Ministry of Business, Innovation, and Employment.