Compliance Objective

At a glance

Immigration New Zealand's Compliance instructions aim to maintain the integrity of immigration law by detecting breaches and applying enforcement tools—including prosecution—to encourage compliance. [D1]

Definition

The Compliance instructions' objective is stated in D1: to uphold the integrity of New Zealand's immigration law and related requirements. This involves identifying breaches of immigration laws and immigration instructions and handling them lawfully, using all available enforcement measures. Prosecution is explicitly included as one of the tools. [D1]

Application in decisions

Immigration officers exercising compliance powers—such as issuing infringement notices, seeking court penalties, or initiating deportation—must act consistently with the objective in D1. The objective frames the purpose of all compliance actions, ensuring that enforcement is directed toward maintaining system integrity rather than solely punitive outcomes. [D1]

Interpretation & edge cases

• Enforcement tools: The reference to "appropriate enforcement tools" includes, but is not limited to, warnings, infringement notices, civil penalties, stand-down lists, and criminal prosecution. The choice of tool depends on the severity and nature of the breach. [D1]
• Broader scope: The objective extends beyond employer non-compliance to any person who breaches immigration laws or instructions, including visa applicants, advisers, and transport operators.
• Discretion: While the objective is mandatory, the selection of the enforcement tool remains discretionary, guided by other compliance instructions and fairness principles.
• Offence provisions: The Immigration Act 2009 contains a number of offence provisions, providing a statutory basis for prosecuting breaches of immigration law. [D7]
  • Under section 342, it is an offence to make a statement, or provide information, evidence, or a submission, knowing that it is false or misleading in any material respect, in support of any application or request for a visa or entry permission, an expression of interest, a request for variation, waiver, or cancellation of visa conditions, or an appeal to the Minister of Immigration or the Immigration and Protection Tribunal. [D7.1]
  • It is also an offence to produce or surrender any document or supply any information to an immigration officer or a refugee and protection officer knowing that it is false or misleading in any material respect, or to complete any document required as part of a border requirement in a manner the person knows to be false or misleading, or fail to comply with any responsibilities under section 103 of the Immigration Act 2009. [D7.1]
  • Under section 343, it is an offence to, for a material benefit, aid, abet, incite, counsel, or procure another person to remain unlawfully in New Zealand or breach any visa conditions. It is also an offence, whether in or outside New Zealand and whether or not the other person in fact enters New Zealand, to aid, abet, incite, counsel, or procure another person to: unlawfully enter New Zealand (knowing the entry is unlawful or being reckless as to its lawfulness); breach any visa condition; remain in New Zealand unlawfully; or complete a document for entry to New Zealand in a manner the person knows is false or misleading for the purposes of sections 98 or 103 of the Act, any visa or entry permission application, expression of interest, request for variation/waiver/cancellation of conditions, or an appeal to the Minister or the Immigration and Protection Tribunal. [D7.5]
  • Under section 344, it is an offence to obstruct an immigration officer or a constable when exercising powers under the Immigration Act 2009, or to fail to meet requirements under the Act. This includes, without reasonable excuse, refusing or failing to produce or surrender any document or supply any information when required, failing to remain in an immigration control area or prescribed place or follow an immigration officer's instructions, or refusing or failing to provide biometric information when required, including under a compulsion order. [D7.10]
  • Under section 279, immigration officers also have authority to require information and documents when an offence is suspected, and after warning it is an offence under section 344 to refuse or fail without reasonable excuse to comply with any such requirement. [D7.10]
  • Under section 345, it is an offence to improperly deal with immigration or identity documents. This includes producing, surrendering, or passing off a document as one's own knowing it relates to another person or is forged or fraudulently obtained; and selling, hiring, lending, giving, or otherwise disposing of a document relating to oneself knowing or intending the receiver will misuse it. "Immigration or identity document" covers passports, certificates of identity, passport endorsements, evidence of a visa, invitations to apply for a visa, certificates of citizenship, and anything purporting to be such a document. [D7.15]
  • Under section 346, it is an offence for a person who is not an immigration officer or a refugee and protection officer to impersonate or pretend to be such an officer. [D7.20]
  • Under section 347, it is an offence to publish, disseminate, cause or procure the publication of false or misleading information or representation for the purpose of encouraging, inducing, deterring, or preventing immigration to New Zealand of any person or class of persons, knowing that the information or representation is false or misleading. [D7.25]
  • Under section 348, it is an offence for anyone, not being an immigration officer or refugee and protection officer, after a person has signed a form and declared its contents to be true, to: alter information entered on it; enter further information on it; alter any material attached to it; attach any material or further material to it; and not identify that the information or contents have been altered, and who has made the alteration. [D7.30]
  • Exploitation of unlawful employees and temporary workers: Under section 350 of the Immigration Act 2009, an employer commits an offence if, while allowing an unlawful employee or temporary worker to work, the employer is responsible for a serious failure to pay holiday pay under the Holidays Act 2003, serious default under the Minimum Wage Act 1983, or a serious contravention of the Wages Protection Act 1983. It is also an offence to take an action with the intention of preventing or hindering the employee from leaving the employer's service, leaving New Zealand, ascertaining or seeking legal entitlements, or disclosing work circumstances. [D7.45] Factors for determining seriousness include the amount of money involved, single or repeated instances, intent, compliance with record-keeping obligations, and any other relevant matter. [D7.45] Examples of prohibited actions include taking or retaining possession of a person's passport or travel documents; restricting access to telephones or private telephone use; preventing or hindering the person from leaving premises, or leaving unaccompanied; and obstructing a labour inspector from entering or accessing premises. [D7.45] For these provisions, a temporary worker is a person whom the employer knows holds a temporary entry class visa, or in respect of whom the employer is reckless as to whether they hold such a visa; an unlawful employee is a person undertaking work the employer knows the person is not entitled to undertake or is reckless about that entitlement. [D7.45]
  • Education provider offences: Under section 352 of the Immigration Act 2009, it is an offence for an education provider to allow a person to undertake a programme of study knowing that the person is not entitled to do so under the Act, or to allow a person to undertake a programme of study when the person is not entitled (regardless of knowledge). [D7.50] The offence does not apply to compulsory education; a child may attend school regardless of entitlement until 1 January following their 19th birthday. [D7.50] For the strict-liability limb, it is a defence if the provider did not know of the lack of entitlement and took reasonable precautions and exercised due diligence to ascertain entitlement. [D7.50] A provider is treated as knowing a person is not entitled if, in the preceding 12 months, an immigration officer has informed the provider in writing of that fact. [D7.50] An immigration officer may require the provider to stop teaching or training the person, and must confirm that requirement in writing with a warning that failure to comply may result in prosecution. Consideration should also be given to whether the student is liable for deportation under section 157 of the Immigration Act 2009. [D7.50]
  • Under section 353 of the Immigration Act 2009, it is an offence for a person who, after being summonsed to attend to give evidence before the Tribunal or to produce documents, records, or things, fails to attend, refuses to be sworn or give evidence, or fails to produce such items without sufficient cause. It is also an offence to intentionally obstruct or hinder the Tribunal, or to fail to comply with any requirement or order of the Tribunal without sufficient cause. [D7.55]
  • Under section 354 of the Immigration Act 2009, it is an offence to, without reasonable excuse, contravene the confidentiality requirements for refugee and protection claimants set out in section 151(1) of the Act, or to publish any information released in contravention of those requirements. [D7.60]
  • Prosecution under other legislation: While the Immigration Act 2009 carries its own penalty provisions, prosecution may also be warranted under other legislation depending on the nature of the offence. For example, document fraud may be dealt with under the Crimes Act 1961 (with prosecutions taken by the INZ fraud branch), and passport forgery may be pursued under the Passports Act 1992. [D7.65]
  • Transitional provisions relating to offences: Under D7.70, the offences in section 343(1)(d) (breach of visa conditions for material benefit) and section 344(a) (obstruction or failure to meet requirements) of the Immigration Act 2009 apply whether the condition or the document/information requirement was imposed under the Immigration Act 2009 or, where lawfully required, under the Immigration Act 1987. This ensures that conduct relating to pre-2009 instruments remains prosecutable. [D7.70]
  • Transitional defence for employers: Under D7.75, an employer is not liable for an offence under section 350(1)(b) of the Immigration Act 2009 for any period after the repeal of the Immigration Act 1987 if: the employer allowed a person to work for them before the commencement of the Immigration Act 2009; when the person started work the employer had a reasonable excuse under section 39(1B) of the Immigration Act 1987 for allowing them to undertake employment; and the person is not entitled under the Immigration Act 2009 to undertake that employment. This defence is lost if the employer was informed in writing by an immigration officer (under either the Immigration Act 1987 or 2009) that the worker is not entitled to undertake that employment. [D7.75]

Citations

• D1 — Compliance - Objective
• D7 — Prosecutions
• D7.1 — Provision of false or misleading information
• D7.5 — Aiding and abetting
• D7.10 — Obstruction or failing to meet requirements
• D7.15 — Improper dealings with immigration or identity documents
• D7.20 — Impersonation
• D7.25 — Publishing false or misleading information
• D7.30 — Alteration of forms
• D7.45 — Exploitation of unlawful employees and temporary workers
• D7.50 — Offences by education providers
• D7.55 — Offences in relation to Tribunal
• D7.60 — Failure to maintain confidentiality in relation to refugee or protection matters
• D7.65 — Offences under other legislation
• D7.70 — Transitional provisions relating to offences
• D7.75 — Offences by employers – transitional provisions