Biometric Information

At a glance

Biometric information, as defined in the Operational Manual, covers a person's photograph, fingerprints, and iris scans, along with any record of these. Most visa or entry permission applicants must allow a photograph to be taken; failure to provide required biometric information may result in refusal or revocation of entry permission. [A22.1][A22.10]

Definition

According to A22.1, biometric information means:

• a photograph of all or part of the person's head and shoulders;
• the person's fingerprints;
• an iris scan;

and includes a physical or electronic record of any of those items. [A22.1]

Application in decisions

This definition underpins various instructions that require applicants to provide biometric information as part of the visa application process or for identity verification.

Biometric information required from a person may be used to:

• establish a record of a person's identity;
• establish or verify a person's identity; or
• assist in making a decision under the Immigration Act 2009. [A22.5]

Biometric information may be collected using an automated system or otherwise by:

• an immigration officer or a refugee and protection officer; or
• an agent or person acting on behalf of an immigration officer or a refugee and protection officer. [A22.5]

Categories of persons who must allow collection [A22.10]

An immigration officer may require the following persons to provide biometric information:

• a person applying for a visa;
• a person applying for entry permission;
• a non-New Zealand citizen leaving New Zealand;
• a refugee or protection status claimant, or a person whose recognition as a refugee or protected person is being investigated (note that this may only be required by a refugee and protection officer or their agent);
• a person subject to section 288 of the Immigration Act 2009 (see A22.15);
• a person liable for deportation or turnaround, where biometrics are needed to satisfy the transit or entry requirements of another country through which the person must travel. [A22.10]

When biometric information may be required

For entry permission applicants, the requirement may be imposed at any time before the person leaves the immigration control area, designated place, or prescribed place where the application is made; if the application is made overseas, it may be imposed at any time before the person leaves the New Zealand arrival area. [A22.10]

An immigration officer may request biometric information in any case authorised by the Immigration Act 2009 or regulations, even if it falls outside the normal practice described below. [A22.10]

Normal practice

• A photograph of the head and shoulders will normally be required from all visa applicants, applicants for entry permission, non-New Zealand citizens leaving New Zealand, and persons covered by the fingerprinting criteria below. [A22.10]
• Fingerprints (biometric information other than a photograph) will normally be required only from:
  • persons subject to section 288 of the Act;
  • residence class visa applicants under the UNHCR Refugee Quota;
  • refugee or protection status claimants and those whose recognition is being investigated;
  • persons applying for entry permission at the border who are being formally interviewed by an immigration officer;
  • persons liable for deportation or turnaround where one or more fingerprints are needed for transit or entry requirements of another country (for example, to 'sign' a travel document). [A22.10]

Consequences of failing to provide biometric information

If a person required to provide biometric information for a visa or entry permission application fails to do so, the Minister or an immigration officer may:

• refuse to grant the visa or entry permission; or
• revoke any entry permission already granted, provided the person has not yet left the immigration control area, designated place, or prescribed place. [A22.10]

All biometric information must be dealt with in accordance with the Privacy Act 2020. [A22.5]

Compliance determination under section 288 of the Immigration Act 2009

Under A22.15, an immigration officer authorised to exercise powers under section 288 of the Act may require a person to allow biometric information to be collected if the officer has good cause to suspect that the person:

• is liable for deportation or turnaround;
• is not complying with, or is materially breaching, the conditions of their visa;
• is undertaking work or a course of study where the person is not entitled to do so; or
• has obtained a visa under a fraudulent identity. [A22.15]

The collection is for the purpose of determining whether any of these matters apply. [A22.15] The officer must have specific circumstances giving rise to the good cause; the power cannot be exercised arbitrarily. [A22.15]

Compulsion order for collection of biometric information

If a person refuses to allow biometric information to be collected in response to a requirement under s 288 of the Immigration Act 2009, an immigration officer may apply to a District Court Judge for a compulsion order. [A22.20]

The application must set out:

• the facts relied on to show there is good cause to suspect that any of the matters in [A22.15(a)–(d)] apply; and
• the reasons a compulsion order is necessary, including reasonable grounds to believe that the biometric information would tend to confirm or disprove the application of those matters. [A22.20]

The immigration officer must serve notice of the application on the person. Both the officer and the respondent may appear and provide evidence at the hearing. [A22.20]

A District Court Judge may make a compulsion order requiring the person to allow specified biometric information to be collected. A person served with such an order must allow the biometric information specified in the order to be collected. [A22.20]

The fact that a compulsion order has previously been sought or made in respect of a matter does not prevent another application or order being made. [A22.20]

Offences for failing to provide biometric information

In addition to the administrative consequences outlined above, the Immigration Act 2009 creates criminal offences for refusing or failing to provide biometric information in the following circumstances:

• as an applicant for entry permission under section 111 of the Act;
• as a non-New Zealand citizen leaving New Zealand under section 120 of the Act; or
• in accordance with a compulsion order. [A22.25]

Interpretation & edge cases

• The definition explicitly includes any record, whether physical or electronic, of the biometric data. This means a digital template derived from a fingerprint, a scanned iris image, or a stored photograph all constitute biometric information.
• The list of biometric identifiers is exhaustive; other physical characteristics (e.g., facial geometry not captured in a head-and-shoulders photograph) are not covered unless added by later amendment. [A22.1]
• Collection by agents or automated systems remains subject to the same privacy obligations; any failure to comply with the Privacy Act 2020 may affect the lawfulness of the collected information. [A22.5]
• Fingerprints will not normally be required from persons under 14 years of age. [A22.10]
• The power to require biometric information extends beyond the standard visa application context to persons leaving New Zealand, refugee claimants, and deportees, reflecting the broad identity-verification purposes authorised by the Immigration Act 2009. [A22.10]
• A demand under A22.15 is only lawful when the officer has good cause to suspect one of the specified grounds; a random check or fishing expedition is not permitted. [A22.15]
• A compulsion order under A22.20 is a judicial remedy available only after a person has refused a lawful requirement under s 288; the officer must make a formal application to a District Court Judge, and the order is enforceable against the person. Multiple orders may be sought for the same matter. [A22.20]

Citations

• A22.1 — Definition of 'biometric information'
• A22.5 — Use, collection and storage of biometric information
• A22.10 — Collection of biometric information
• A22.15 — When biometric information can be used to determine compliance
• A22.20 — Compulsion order for the collection of biometric information
• A22.25 — Offences in relation to providing biometric information