Reprint as at 30 November 2015

Passports Act 1992

Public Act
 
1992 No 92

Date of assent
 
13 October 1992

Commencement
 
13 October 1992

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
This Act is administered by the Department of Internal Affairs.

Contents

Title

1
Short Title

2
Interpretation

2A
Transitional, savings, and related provisions

Part 1 Issue and cancellation of New Zealand travel documents

Issue of passports

3
Citizen’s right to passport

4
Issue of passport

4A
Refusal to issue passport on grounds of national security

5
Life of passport

6

Renewal of passport [Repealed]

7

Endorsement of passport [Repealed]

Recall of passports

8
Cancellation of passport where holder ceases to be entitled to passport

8A
Cancellation of passport on grounds of national security

9
Cancellation of passport on other grounds

9A
Cancellation of passport pursuant to court order

10
Retention of passport by Minister on other grounds

11
Delivery of recalled passport

Warnings on New Zealand travel document database

11A
Warnings on New Zealand travel document database

Surrender of passports where proceedings for deprivation of citizenship commenced

12
Surrender of passport where proceedings for deprivation of citizenship commenced

13
Issue of temporary passport where passport surrendered

14
Extension of time to hold surrendered passport

15
Return of surrendered passport if person not deprived of citizenship

Issue of certificates of identity

16
Issue of certificate of identity

17
Life of certificate of identity

18

Renewal of certificate of identity [Repealed]

19

Endorsement of certificate of identity [Repealed]

Recall of certificates of identity

20
Cancellation of certificate of identity

20A
Cancellation of certificate of identity on grounds of national security

21
Retention of certificate of identity by Minister on other grounds

22
Delivery of recalled certificate of identity

Issue and cancellation of emergency travel documents

23
Issue of emergency travel document

24
Life of emergency travel document

25
Cancellation of emergency travel document

25A
Cancellation of emergency travel document on grounds of national security

26
Retention of emergency travel document by Minister on other grounds

27
Delivery of recalled emergency travel document

Issue, life, and cancellation of refugee travel documents

27A
Issue of refugee travel document

27B
Refusal to issue refugee travel document on grounds of national security

27C
Life of refugee travel document

27D
Cancellation of refugee travel document

27E
Cancellation of refugee travel document on grounds of national security

27F
Retention of refugee travel document by Minister on other grounds

27G
Delivery of recalled refugee travel document

Cancellation of New Zealand travel document on death of holder

27H
Death of holder of New Zealand travel document

Electronic cancellation of New Zealand travel documents

27I
Electronic cancellation of New Zealand travel documents

Part 2 Miscellaneous provisions

Appeals

28
Appeal to High Court

29
Appeal to Court of Appeal in certain cases

Special provision for proceedings where national security involved

29AA
Proceedings where national security involved

29AB
Proceedings involving classified security information

29AC
Ancillary general practices and procedures to protect classified security information

Offences

29A
Forged and false New Zealand travel documents

30
Offences relating to New Zealand travel document information and material

30A
Improper issue of New Zealand travel document

31
Other offences

31A

Jurisdiction in respect of actions taken outside New Zealand [Repealed]

32
False representations

32AA
Jurisdiction in respect of actions taken outside New Zealand

32A
Court may forbid issue of passport

Miscellaneous provisions

33
Passports, etc, are property of New Zealand Government

34
Minister may delegate powers

35

Disclosure of information to chief executive of New Zealand Customs Service [Repealed]

36
Disclosure of travel document and related information

37
Information that may be disclosed

37A
Access to information for purposes of Identity Information Confirmation Act 2012

38
Penalties

39

Offences triable summarily [Repealed]

Regulations

40
Regulations

Repeals
[Repealed]

41

Repeals [Repealed]

Transitional provisions
[Repealed]

42

Provisions relating to endorsement of name of child on passport of parent or guardian [Repealed]

Saving
[Repealed]

43

Existing passports, etc, to continue in force [Repealed]

Validation
[Repealed]

44

Validation of certain prescribed fees [Repealed]

Application

45
Application of temporary provisions in Schedule 2

46
Transitional provision

Schedule 1 Transitional, savings, and related provisions

Schedule 2 Temporary provisions

Passports Amendment Act 2005

Reprint notes

An Act to give proper recognition to New Zealand passports and to the right of New Zealand citizens to such passports, and to consolidate and amend the law relating to passports, certificates of identity, emergency travel documents, and refugee travel documents
Title: amended, on 21 April 2005, by section 3 of the Passports Amendment Act 2005 (2005 No 44).

 



1 Short Title


This Act may be cited as the Passports Act 1992.

2 Interpretation



In this Act, unless the context otherwise requires,—
applicant, in relation to an application for a New Zealand travel document, means the person who will be the holder of the document if the application is granted
certificate of identity means a document (other than a passport or an emergency travel document or a refugee travel document) issued by the Government of any country to any person for the purposes of facilitating his or her entry into or exit from any country, and purporting to establish the identity but not the nationality of that person
emergency travel document means a document (other than a passport or a certificate of identity or a refugee travel document) issued, pursuant to section 23, by or on behalf of the Government of New Zealand to any person who may be a New Zealand citizen for the purposes of urgently facilitating his or her entry into or exit from any country, and purporting to establish the identity but not the nationality of that person
holder, in relation to a New Zealand travel document, means the person in whose name the document has been issued
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
New Zealand passport means a passport issued by or on behalf of the Government of New Zealand to a New Zealand citizen
New Zealand refugee travel document means a document (other than a passport, certificate of identity, or emergency travel document) issued by or on behalf of the Government of New Zealand to a refugee to facilitate international travel
New Zealand travel document means a document that is a New Zealand passport, a New Zealand certificate of identity, an emergency travel document, or a New Zealand refugee travel document
New Zealand travel document database means a file, register, or device in or on which information is or is to be recorded, whether electronically or otherwise, for the purposes of this Act
officer means an officer of the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act; and includes an overseas representative, an officer of Customs, and a constable; and also includes a person or a member of a class of persons authorised by the Minister to exercise the powers conferred on officers by this Act
passport means a document that is issued by or on behalf of the Government of any country, and that purports to establish the identity and nationality of the holder; but does not include such a document that has expired or that has been cancelled

refugee means a person who—

(a)

has been—

(i)

recognised by a refugee and protection officer or the Immigration and Protection Tribunal as a refugee within the meaning of the Immigration Act 2009; or

(ii)

recognised outside New Zealand as a refugee under the Refugee Convention (as defined in section 4 of the Immigration Act 2009) and brought to New Zealand under a government mandated programme on the basis of that recognition; or

(iii)

determined, before the date fixed under section 2(1) of the Immigration Act 2009 for the coming into force of that Act, to be a refugee in accordance with the Refugee Convention (as defined in section 2(1) of the Immigration Act 1987); or

(iv)

granted a permit by the Minister of Immigration or an immigration officer under the Immigration Act 1987 on the basis that he or she was mandated as a refugee by the United Nations High Commissioner for Refugees; or

(v)

recognised, before 1 January 1991, as a refugee by the Interdepartmental Committee on Refugees; and

(b)

continues to be recognised as a refugee in New Zealand

Secretary means the Secretary for Internal Affairs
surrendered passport means a passport that has been surrendered under section 12
temporary passport means a passport issued under section 13.

Compare: 1980 No 58 s 2

Section 2 applicant: substituted, on 21 April 2005, by section 4(1) of the Passports Amendment Act 2005 (2005 No 44).
Section 2 certificate of identity: amended, on 21 April 2005, by section 4(2)(a) of the Passports Amendment Act 2005 (2005 No 44).
Section 2 conviction on indictment: repealed, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 2 emergency travel document: amended, on 21 April 2005, by section 4(2)(b) of the Passports Amendment Act 2005 (2005 No 44).
Section 2 holder: substituted, on 21 April 2005, by section 4(3) of the Passports Amendment Act 2005 (2005 No 44).
Section 2 Minister: replaced, on 30 November 2015, by section 4(1) of the Passports Amendment Act 2015 (2015 No 89).
Section 2 New Zealand refugee travel document: inserted, on 21 April 2005, by section 4(4) of the Passports Amendment Act 2005 (2005 No 44).
Section 2 New Zealand travel document: inserted, on 18 June 2002, by section 3 of the Passports Amendment Act 2002 (2002 No 24).
Section 2 New Zealand travel document: amended, on 21 April 2005, by section 4(5) of the Passports Amendment Act 2005 (2005 No 44).
Section 2 New Zealand travel document database: inserted, on 30 November 2015, by section 4(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 2 officer: amended, on 30 November 2015, by section 4(3) of the Passports Amendment Act 2015 (2015 No 89).
Section 2 officer: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Section 2 passport: amended, on 30 November 2015, by section 4(4) of the Passports Amendment Act 2015 (2015 No 89).
Section 2 refugee: substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

2A Transitional, savings, and related provisions


The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Section 2A: inserted, on 30 November 2015, by section 5 of the Passports Amendment Act 2015 (2015 No 89).

Part 1 Issue and cancellation of New Zealand travel documents

Part 1 heading: amended, on 30 November 2015, by section 6 of the Passports Amendment Act 2015 (2015 No 89).
Part 1 heading: amended, on 21 April 2005, by section 5 of the Passports Amendment Act 2005 (2005 No 44).

Issue of passports

Heading: amended, on 30 November 2015, by section 7 of the Passports Amendment Act 2015 (2015 No 89).

3 Citizen’s right to passport


Except as provided in this Act, every New Zealand citizen is entitled as of right to a New Zealand passport.

Compare: 1980 No 58 s 3

4 Issue of passport

(1)
Except as provided in this section and section 4A, the Minister shall issue a New Zealand passport to every New Zealand citizen who makes an application, or on whose behalf an application is made, for a New Zealand passport.

(2)
Every such application shall be made to the Minister in the form provided by the Secretary.

(3)

The Minister may refuse to issue a New Zealand passport in any of the following cases:

(a)

where the applicant has not attained the age of 16 years and has not produced the written consent of one of his or her parents or guardians to the issue of a passport to him or her:

(b)

where—

(i)

there is in force a warrant issued in New Zealand for the arrest of the applicant; or

(ii)

the applicant is on bail or is subject to a community-based sentence under subpart 2 of Part 2 of the Sentencing Act 2002, or a sentence of home detention under subpart 2A of Part 2 of the Sentencing Act 2002, or is released under subpart 2 of Part 1 of the Parole Act 2002; or

(iii)

the applicant is required by an order made by a New Zealand court to refrain from obtaining a passport or to surrender a passport; or

(iv)

the applicant is subject to an order made by a New Zealand court that requires the applicant, or the effect of which requires the applicant, to remain in New Zealand; or

(v)

the applicant is subject to a sentence imposed by a New Zealand court, the effect of which requires the applicant to remain in New Zealand:

(c)

where the applicant already holds a New Zealand passport and there is no sufficient reason why another passport should be issued to him or her:

(d)

if the applicant holds a New Zealand travel document, and (whether or not it has been recalled under this Act) refuses to surrender it.

(4)
The Minister must refuse to issue a New Zealand passport if an order made under section 32A in respect of the applicant has not expired.

Compare: 1980 No 58 s 4(1), (2)

Section 4(1): amended, on 21 April 2005, by section 6(1) of the Passports Amendment Act 2005 (2005 No 44).
Section 4(3)(b)(ii): substituted, on 30 June 2002, by section 186 of the Sentencing Act 2002 (2002 No 9).
Section 4(3)(b)(ii): amended, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).
Section 4(3)(b)(ii): amended, on 22 October 2003, by section 3(1) of the Passports Amendment Act 2003 (2003 No 92).
Section 4(3)(b)(iii): substituted, on 22 October 2003, by section 3(2) of the Passports Amendment Act 2003 (2003 No 92).
Section 4(3)(b)(iv): added, on 22 October 2003, by section 3(2) of the Passports Amendment Act 2003 (2003 No 92).
Section 4(3)(b)(v): added, on 22 October 2003, by section 3(2) of the Passports Amendment Act 2003 (2003 No 92).
Section 4(3)(d): added, on 18 June 2002, by section 4(2) of the Passports Amendment Act 2002 (2002 No 24).
Section 4(3)(d): amended, on 21 April 2005, by section 6(2)(a) of the Passports Amendment Act 2005 (2005 No 44).
Section 4(3)(d): amended, on 21 April 2005, by section 6(2)(b) of the Passports Amendment Act 2005 (2005 No 44).
Section 4(4): added, on 18 June 2002, by section 4(3) of the Passports Amendment Act 2002 (2002 No 24).
Section 4(4): amended, on 21 April 2005, by section 6(3) of the Passports Amendment Act 2005 (2005 No 44).

4A Refusal to issue passport on grounds of national security

(1)

The Minister may refuse to issue a New Zealand passport to a person if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the refusal to issue a passport will prevent or effectively impede the ability of the person to carry out the intended action.

(2)

If the Minister refuses to issue a passport under this section,—

(a)

the Minister must notify the person in writing of the refusal, and the reasons for it; and

(b)

the person is not entitled to obtain a New Zealand passport during the 12-month period starting with the date of the notice, unless the Minister’s decision under this section is revoked by the Minister or by a court.

(3)
The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain a New Zealand passport.

(4)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1) still apply in relation to the person concerned.

Section 4A: inserted, on 21 April 2005, by section 7 of the Passports Amendment Act 2005 (2005 No 44).

5 Life of passport

(1)

Unless cancelled sooner under this Act,—

(a)

every New Zealand passport issued to a person who is at least 16 years old is valid for 10 years from the date of issue:

(b)

every New Zealand passport issued to a person who is less than 16 years old is valid for 5 years from the date of issue.

(1A)

Despite subsection (1),—

(a)

a New Zealand passport issued before the date of commencement of section 8 of the Passports Amendment Act 2015 continues to be valid for the period for which it was issued, unless sooner cancelled under this Act:

(b)

a New Zealand passport applied for before that commencement date must be issued in accordance with section 5(1) and (2) of the principal Act as in force before that date, and continues to be valid for the period for which it was issued unless sooner cancelled under this Act.

(2)
Despite subsection (1), the Minister may, in any particular case, if satisfied that good reasons exist and that it would be in the interests of the proper administration of this Act to do so, determine that any New Zealand passport shall be issued for a period shorter than that stated in that subsection.

Compare: 1980 No 58 s 4(3)

Section 5(1): replaced, on 30 November 2015, by section 8(1) of the Passports Amendment Act 2015 (2015 No 89).
Section 5(1A): inserted, on 21 April 2005, by section 8 of the Passports Amendment Act 2005 (2005 No 44).
Section 5(1A)(a): amended, on 30 November 2015, by section 8(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 5(2): amended, on 30 November 2015, by section 8(3) of the Passports Amendment Act 2015 (2015 No 89).

6 Renewal of passport

[Repealed]
Section 6: repealed, on 30 November 2015, by section 9 of the Passports Amendment Act 2015 (2015 No 89).

7 Endorsement of passport

[Repealed]
Section 7: repealed, on 21 April 2005, by section 10 of the Passports Amendment Act 2005 (2005 No 44).

Recall of passports

8 Cancellation of passport where holder ceases to be entitled to passport

(1)

The Minister may, by notice in writing, recall any New Zealand passport, and cancel it or retain possession of it, in any of the following cases:

(a)

where the holder has not attained the age of 16 years and the parent or guardian who gave his or her consent to the issue of the passport has written to the Minister withdrawing that consent; or

(b)

where the passport was issued to the holder in the mistaken belief that the holder was, at the time of issue, a New Zealand citizen; or

(c)

[Repealed]

(d)

where the holder has renounced New Zealand citizenship under section 15 of the Citizenship Act 1977; or

(e)

where the holder has been deprived of New Zealand citizenship under section 16 or section 17 of the Citizenship Act 1977; or

(f)

where 2 or more valid New Zealand passports are in existence in respect of the holder and there is no longer any sufficient reason why that should continue to be the case.

(2)
This section is subject to section 27I.

Section 8(1)(c): repealed, on 22 October 2003, by section 4(1) of the Passports Amendment Act 2003 (2003 No 92).
Section 8(2): inserted, on 30 November 2015, by section 10 of the Passports Amendment Act 2015 (2015 No 89).

8A Cancellation of passport on grounds of national security

(1)

The Minister may, by notice in writing, recall any New Zealand passport, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the cancellation of the passport, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(1A)
This section is subject to section 27I.

(2)

If the Minister cancels or retains possession of a passport under this section,—

(a)

the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

(b)

the person is not entitled to obtain that passport or another New Zealand passport during the 12-month period starting with the date of the notice, unless the Minister’s decision under this section is revoked by the Minister or by a court.

(3)
The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the passport or another New Zealand passport.

(4)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1) still apply in relation to the person concerned.

Section 8A: inserted, on 21 April 2005, by section 11 of the Passports Amendment Act 2005 (2005 No 44).
Section 8A(1A): inserted, on 30 November 2015, by section 11 of the Passports Amendment Act 2015 (2015 No 89).

9 Cancellation of passport on other grounds

(1)

The Minister may, by notice in writing, recall any New Zealand passport, and cancel it or retain possession of it, where—

(a)

it is produced in support of an application for the issue of another passport in substitution for the first one; or

(b)

it has expired; or

(c)

it has been so damaged or defaced as to render it, in the opinion of the Minister, unsuitable for use; or

(d)

there is reasonable cause to believe that particulars recorded in it are incorrect; or

(e)

there is reasonable cause to believe that the passport has been obtained by means of any false representation or any statement that is false in a material particular.

(1A)
The Minister may cancel a New Zealand passport if the holder of the passport states, in a declaration that is made in a manner approved by the Secretary, that the passport has been lost or stolen.

(2)
Subject to sections 3 and 4, where the Minister retains or cancels a passport under this section, the Minister shall, on the application of the holder of that passport, issue, as soon as practicable, another New Zealand passport to replace that passport.

(3)
This section is subject to section 27I.

Section 9(1)(b): amended, on 30 November 2015, by section 12(1) of the Passports Amendment Act 2015 (2015 No 89).
Section 9(1)(d): amended, on 21 April 2005, by section 12 of the Passports Amendment Act 2005 (2005 No 44).
Section 9(1)(e): amended, on 30 November 2015, by section 12(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 9(1A): inserted, on 30 November 2015, by section 12(3) of the Passports Amendment Act 2015 (2015 No 89).
Section 9(3): inserted, on 30 November 2015, by section 12(4) of the Passports Amendment Act 2015 (2015 No 89).

9A Cancellation of passport pursuant to court order

(1)
The Minister must recall a New Zealand passport by notice in writing, and cancel it, if an order that it must be cancelled is made under section 32A.

(2)
This section is subject to section 27I.

Section 9A: inserted, on 18 June 2002, by section 5 of the Passports Amendment Act 2002 (2002 No 24).
Section 9A(1): amended, on 21 April 2005, by section 13 of the Passports Amendment Act 2005 (2005 No 44).
Section 9A(2): inserted, on 30 November 2015, by section 13 of the Passports Amendment Act 2015 (2015 No 89).

10 Retention of passport by Minister on other grounds

(1)

The Minister may, by notice in writing, recall any New Zealand passport and retain possession of it—

(a)

where there is in force a warrant issued in New Zealand for the arrest of the holder:

(b)

where there is reasonable cause to believe—

(i)

that the passport is in the wrongful possession of any person other than the holder; or

(ii)

that the passport is in the possession of a person who is not the holder, as a security, pledge, or deposit or other encumbrance entered into in contravention of section 33(3).

(2)
Where the Minister has recalled a passport under subsection (1)(a), the Minister shall return that passport to the holder as soon as practicable after the warrant is executed or withdrawn.

(3)
Where the Minister has recalled a passport under subsection (1)(b), the Minister shall, unless the holder has been issued with a new passport, forthwith return that passport to the holder.

11 Delivery of recalled passport

(1)
Where the Minister recalls any passport under any of sections 8 to 10, the holder or other person who has the passport in his or her possession or under his or her control shall, on demand by an officer, deliver the passport to the officer.

(2)
Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (1).

Section 11(1): amended, on 18 June 2002, by section 6 of the Passports Amendment Act 2002 (2002 No 24).

Warnings on New Zealand travel document database

Heading: inserted, on 30 November 2015, by section 14 of the Passports Amendment Act 2015 (2015 No 89).

11A Warnings on New Zealand travel document database



The Minister may mark the electronic record of a New Zealand travel document on a New Zealand travel document database with a warning to indicate that—

(a)

the New Zealand travel document has been, or is to be, recalled under any of sections 10, 21, 26, and 27F:

(b)

the holder of the New Zealand travel document is, by a court order or the conditions of his or her bail, required to surrender the document or to remain in New Zealand.

Section 11A: inserted, on 30 November 2015, by section 14 of the Passports Amendment Act 2015 (2015 No 89).

Surrender of passports where proceedings for deprivation of citizenship commenced

12 Surrender of passport where proceedings for deprivation of citizenship commenced

(1)
Where the Minister gives a notice pursuant to section 19(1) of the Citizenship Act 1977 to the holder of a New Zealand passport of his or her intention to make an order under section 16 or section 17 of that Act depriving that person of New Zealand citizenship, the Minister may give a notice to that person requiring the surrender of any New Zealand passport which that person holds.

(2)

The Minister shall be entitled to retain possession of any such surrendered passport until whichever is the sooner of—

(a)

the expiry of 12 months from the date on which the passport is surrendered, or the expiry of any extension of that time in accordance with section 14; or

(b)

the conclusion of the proceedings for deprivation of New Zealand citizenship.

(3)

Every such notice shall inform the person on whom it is served—

(a)

of the effect of subsection (2); and

(b)

that the person is entitled, on application to the Minister in the form provided by the Secretary, to a temporary New Zealand passport in accordance with section 13.

(4)
Where the Minister requires the surrender of a passport under this section, the holder or other person who has the passport in his or her possession or under his or her control shall, on demand by an officer, surrender the passport to the officer.

(5)
Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (4).

13 Issue of temporary passport where passport surrendered

(1)
Every person who has surrendered a passport under section 12 shall be entitled, on application to the Minister in the form provided by the Secretary, to a temporary New Zealand passport unless the surrendered passport has sooner expired or been cancelled or returned.

(2)
Despite section 5, every temporary New Zealand passport is, unless sooner cancelled under this Act, valid for the period for which it is issued, which may not exceed 2 years.

(3)
Subject to section 4(3), at the expiry of a temporary New Zealand passport, the Minister shall issue another temporary New Zealand passport to the holder unless the surrendered passport has been sooner returned or a new passport has been issued.

(4)
No fee shall be payable in respect of any application for, or upon the issue of, any temporary New Zealand passport under this section.

Section 13(2): replaced, on 30 November 2015, by section 15 of the Passports Amendment Act 2015 (2015 No 89).

14 Extension of time to hold surrendered passport

(1)
Where the Minister has required the surrender of a New Zealand passport under section 12, the Minister may, at any time before the expiry of 12 months from the date on which the passport was surrendered, apply to the High Court for an order extending the time during which the Minister may retain the surrendered passport.

(2)
Any such extension granted by the High Court shall be for a period of 6 months.

(3)
The Minister may reapply for another extension at any time before the current extension expires.

(4)
The High Court shall decline any application for a second or subsequent extension unless satisfied that there is good reason why the passport has not been returned by the time of the application.

(5)
Where an application for an extension has been made by the Minister, but has not been determined by the date on which the Minister is required to return the passport due to lapse of time, an extension shall be deemed to have been granted until such time as the court determines the application.

15 Return of surrendered passport if person not deprived of citizenship

(1)

The Minister shall return a surrendered passport to the holder as soon as—

(a)

a declaration is made under section 19(2) of the Citizenship Act 1977 that there are insufficient grounds to justify the making of an order under section 16 or section 17 of that Act to deprive the person by whom the passport was surrendered of New Zealand citizenship; or

(b)

the Minister is no longer entitled to retain possession of the passport under section 12(2),—

whichever first occurs.

(2)
Where the Minister returns a surrendered passport under this section, the holder or other person who has any temporary passport in his or her possession or under his or her control shall, on demand by an officer, deliver the temporary passport to the officer.

(3)
Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (2).

(4)
Nothing in this section shall apply if the surrendered passport has sooner expired.

Issue of certificates of identity

Heading: amended, on 30 November 2015, by section 16 of the Passports Amendment Act 2015 (2015 No 89).

16 Issue of certificate of identity


The Minister may issue a certificate of identity to any person, not being a New Zealand citizen, if the Minister is satisfied that the person is unable for any reason to obtain a travel document from the Government or other appropriate authority in the country of his or her nationality.

Compare: 1980 No 58 s 8(1)

17 Life of certificate of identity


A certificate of identity shall be valid for 2 years or such shorter time as the Minister may determine in a particular case.

Section 17: amended, on 30 November 2015, by section 17 of the Passports Amendment Act 2015 (2015 No 89).

18 Renewal of certificate of identity

[Repealed]
Section 18: repealed, on 30 November 2015, by section 18 of the Passports Amendment Act 2015 (2015 No 89).

19 Endorsement of certificate of identity

[Repealed]
Section 19: repealed, on 21 April 2005, by section 14 of the Passports Amendment Act 2005 (2005 No 44).

Recall of certificates of identity

20 Cancellation of certificate of identity

(1)

The Minister may, by notice in writing, recall any certificate of identity issued to any person by or on behalf of the Government of New Zealand, and cancel it or retain possession of it, where—

(a)

the Minister issues to the holder another certificate of identity in substitution for the first one; or

(b)

the certificate has expired; or

(c)

the certificate has been so damaged or defaced as to render it, in the opinion of the Minister, unsuitable for use; or

(d)

there is reasonable cause to believe that any particulars recorded in it are incorrect; or

(e)

there is reasonable cause to believe that the certificate of identity has been obtained by means of any false representation or any statement that is false in a material particular; or

(f)

2 or more valid certificates of identity are in existence in respect of the holder and there is no longer any sufficient reason why that should continue to be the case.

(g)

a New Zealand passport has been issued to the person.

(1A)
The Minister may cancel a certificate of identity if the holder of the certificate states, in a declaration that is made in a manner approved by the Secretary, that the certificate has been lost or stolen.

(2)
Subject to section 16, where the Minister retains or cancels a certificate of identity under any of paragraphs (b) to (e) of subsection (1) or cancels the certificate under subsection (1A), the Minister may, on the application of the holder of the certificate, issue another certificate of identity to replace that certificate.

(3)
This section is subject to section 27I.

Section 20(1)(b): amended, on 30 November 2015, by section 19(1) of the Passports Amendment Act 2015 (2015 No 89).
Section 20(1)(g): added, on 18 June 2002, by section 7 of the Passports Amendment Act 2002 (2002 No 24).
Section 20(1A): inserted, on 30 November 2015, by section 19(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 20(2): amended, on 30 November 2015, by section 19(3) of the Passports Amendment Act 2015 (2015 No 89).
Section 20(3): inserted, on 30 November 2015, by section 19(4) of the Passports Amendment Act 2015 (2015 No 89).

20A Cancellation of certificate of identity on grounds of national security

(1)

The Minister may, by notice in writing, recall any certificate of identity issued to any person by or on behalf of the New Zealand Government, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the cancellation of the certificate of identity, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(1A)
Subsection (1) is subject to section 27I.

(2)

If the Minister cancels or retains possession of a certificate of identity under this section,—

(a)

the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

(b)

the person is not entitled to obtain that certificate of identity or another New Zealand travel document during the 12-month period starting with the date of the notice, unless the Minister’s decision under this section is revoked by the Minister or by a court.

(3)
The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the certificate of identity or another New Zealand travel document.

(4)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1) still apply in relation to the person concerned.

Section 20A: inserted, on 21 April 2005, by section 15 of the Passports Amendment Act 2005 (2005 No 44).
Section 20A(1A): inserted, on 30 November 2015, by section 20 of the Passports Amendment Act 2015 (2015 No 89).

21 Retention of certificate of identity by Minister on other grounds

(1)

The Minister may, by notice in writing, recall any certificate of identity issued to any person by or on behalf of the Government of New Zealand, and retain possession of it—

(a)

where there is in force a warrant issued in New Zealand for the arrest of the holder:

(b)

where there is reasonable cause to believe—

(i)

that the certificate of identity is in the wrongful possession of any person other than the holder; or

(ii)

that the certificate of identity is in the possession of a person who is not the holder, as a security, pledge, or deposit or other encumbrance entered into in contravention of section 33(3).

(2)
Where the Minister has recalled a certificate of identity under subsection (1)(a), the Minister shall return that certificate to the holder as soon as practicable after the warrant is executed or withdrawn.

(3)
Where the Minister has recalled a certificate of identity under subsection (1)(b), the Minister shall, unless the holder has been issued with a new certificate, forthwith return that certificate to the holder.

22 Delivery of recalled certificate of identity

(1)
Where the Minister recalls any certificate of identity under section 20 or section 20A or section 21, the holder or other person who has the certificate in his or her possession or under his or her control shall, on demand by an officer, deliver the certificate to the officer.

(2)
Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (1).

Section 22(1): amended, on 21 April 2005, by section 16 of the Passports Amendment Act 2005 (2005 No 44).

Issue and cancellation of emergency travel documents

23 Issue of emergency travel document

(1)

The Minister may, on application to the Minister in the form provided by the Secretary, issue an emergency travel document to any person where—

(a)

there is reasonable cause to believe that the person is or may be a New Zealand citizen; and

(b)

there is reasonable cause to believe that—

(i)

the person’s passport has been lost or stolen or destroyed or is temporarily unavailable; or

(ia)

the person does not hold a valid travel document; or

(ii)

the person has applied for the issue of a passport and cannot supply sufficient evidence of New Zealand citizenship; or

(iii)

an emergency has affected the availability of the information necessary to ascertain whether or not that person is already the holder of a New Zealand passport; and

(c)

the person wishes to travel immediately, but, for reasons of passport security and integrity, the Minister considers that it is not desirable to issue that person with a passport.

(2)

The Minister may, on application to the Minister in the form provided by the Secretary, issue an emergency travel document to a person—

(a)

who wishes to travel immediately; but

(b)

in respect of whom an order under section 32A is in force.

(3)

The Minister must issue a journey-specific emergency travel document to a person outside New Zealand if—

(a)

the person has been refused a passport under section 4A, or has had his or her passport or emergency travel document cancelled under section 8A or section 25A; and

(b)

the journey-specific emergency travel document is necessary to enable the person to return or come to New Zealand; and

(c)

the person applies in that behalf to the Minister in the form provided by the Secretary.

Section 23(1)(b)(ia): inserted, on 21 April 2005, by section 17(1) of the Passports Amendment Act 2005 (2005 No 44).
Section 23(2): added, on 18 June 2002, by section 8 of the Passports Amendment Act 2002 (2002 No 24).
Section 23(3): added, on 21 April 2005, by section 17(2) of the Passports Amendment Act 2005 (2005 No 44).

24 Life of emergency travel document



An emergency travel document is valid for—

(a)

such time as, in the opinion of the Minister, will be sufficient to enable the person to leave and return to New Zealand, or to return to New Zealand, or to complete a specified journey, as the case may require; or

(b)

such other period as the Minister from time to time determines.

Section 24: substituted, on 21 April 2005, by section 18 of the Passports Amendment Act 2005 (2005 No 44).

25 Cancellation of emergency travel document

(1)

The Minister may, by notice in writing, recall any emergency travel document, and cancel it or retain possession of it, where—

(a)

the Minister issues to the holder a passport; or

(b)

the Minister issues to the holder another emergency travel document in substitution for the first one; or

(c)

it has expired; or

(d)

it has been so damaged or defaced as to render it, in the opinion of the Minister, unsuitable for use; or

(e)

there is reasonable cause to believe that any particulars recorded in it are incorrect; or

(f)

there is reasonable cause to believe that it has been obtained by means of any false statement or any statement that is false in a material particular; or

(g)

2 or more valid New Zealand emergency travel documents are in existence in respect of the holder and there is no longer any sufficient reason why that should continue to be the case.

(1A)
The Minister may cancel an emergency travel document if the holder of the document states, in a declaration that is made in a manner approved by the Secretary, that the document has been lost or stolen.

(2)
Subject to section 23, where the Minister retains or cancels an emergency travel document under any of paragraphs (c) to (f) of subsection (1) or cancels the document under subsection (1A), the Minister may, on the application of the holder of the document, issue another document to replace that document.

(3)
This section is subject to section 27I.

Section 25(1A): inserted, on 30 November 2015, by section 21(1) of the Passports Amendment Act 2015 (2015 No 89).
Section 25(2): amended, on 30 November 2015, by section 21(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 25(3): inserted, on 30 November 2015, by section 21(3) of the Passports Amendment Act 2015 (2015 No 89).

25A Cancellation of emergency travel document on grounds of national security

(1)

The Minister may, by notice in writing, recall any emergency travel document (other than a journey-specific emergency travel document issued under section 23(3)), and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the cancellation of the emergency travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(1A)
Subsection (1) is subject to section 27I.

(2)

If the Minister cancels or retains possession of an emergency travel document under this section,—

(a)

the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

(b)

the person is not entitled to obtain that emergency travel document or another New Zealand travel document (other than a journey-specific emergency travel document issued under section 23(3)) during the 12-month period starting with the date of the notice, unless the Minister’s decision under this section is revoked by the Minister or by a court.

(3)
The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the emergency travel document or another New Zealand travel document.

(4)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1) still apply in relation to the person concerned.

Section 25A: inserted, on 21 April 2005, by section 19 of the Passports Amendment Act 2005 (2005 No 44).
Section 25A(1A): inserted, on 30 November 2015, by section 22 of the Passports Amendment Act 2015 (2015 No 89).

26 Retention of emergency travel document by Minister on other grounds

(1)

The Minister may, by notice in writing, recall any emergency travel document, and retain possession of it—

(a)

where there is in force a warrant issued in New Zealand for the arrest of the holder:

(b)

where there is reasonable cause to believe—

(i)

that it is in the wrongful possession of any person other than the holder; or

(ii)

that it is in the possession of a person not the holder, and is used as a security, pledge, or deposit or other encumbrance in contravention of section 33(3).

(2)
Where the Minister has recalled an emergency travel document under subsection (1)(a), the Minister shall return that document to the holder as soon as practicable after the warrant is executed or withdrawn.

(3)
Where the Minister has recalled an emergency travel document under subsection (1)(b), the Minister shall, unless the holder has been issued with a new document, forthwith return that document to the holder.

27 Delivery of recalled emergency travel document

(1)
Where the Minister recalls any emergency travel document under section 25 or section 25A or section 26, the holder or other person who has the document in his or her possession or under his or her control shall, on demand by an officer, deliver the document to the officer.

(2)
Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (1).

Section 27(1): amended, on 21 April 2005, by section 20 of the Passports Amendment Act 2005 (2005 No 44).

Issue, life, and cancellation of refugee travel documents

Heading: inserted, on 21 April 2005, by section 21 of the Passports Amendment Act 2005 (2005 No 44).

27A Issue of refugee travel document

(1)
Subject to this section and section 27B, the Minister must issue a New Zealand refugee travel document to a refugee living in New Zealand who applies in that behalf in the form provided by the Secretary.

(2)

The Minister may refuse to issue a New Zealand refugee travel document to an applicant if—

(a)

the applicant is a New Zealand citizen; or

(b)

the applicant already has a valid New Zealand refugee travel document; or

(c)

there is in force a warrant issued in New Zealand for the applicant’s arrest; or

(d)

the applicant is—

(i)

on bail; or

(ii)

subject to a community-based sentence under the Sentencing Act 2002; or

(iii)

released under subpart 2 of Part 1 of the Parole Act 2002; or

(iv)

subject to a sentence of home detention under the Sentencing Act 2002:

(e)

the applicant is subject to—

(i)

an order made by a New Zealand court that requires the applicant to remain in New Zealand, or the effect of which requires the applicant to remain in New Zealand; or

(ii)

a sentence imposed by a New Zealand court, the effect of which requires the applicant to remain in New Zealand.

Section 27A: inserted, on 21 April 2005, by section 21 of the Passports Amendment Act 2005 (2005 No 44).
Section 27A(2)(d)(iv): added, on 1 October 2007, by section 58 of the Sentencing Amendment Act 2007 (2007 No 27).

27B Refusal to issue refugee travel document on grounds of national security

(1)

The Minister may refuse to issue a New Zealand refugee travel document to a person if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the refusal to issue a refugee travel document will prevent or effectively impede the ability of the person to carry out the intended action.

(2)

If the Minister refuses to issue a refugee travel document under this section,—

(a)

the Minister must notify the person in writing of the refusal, and the reasons for it; and

(b)

the person is not entitled to obtain a New Zealand refugee travel document during the 12-month period starting with the date of the notice, unless the Minister’s decision under this section is revoked by the Minister or by a court.

(3)
The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain a New Zealand refugee travel document.

(4)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that paragraphs (a), (b) and (c) of subsection (1) still apply in relation to the person concerned.

Section 27B: inserted, on 21 April 2005, by section 21 of the Passports Amendment Act 2005 (2005 No 44).

27C Life of refugee travel document

(1)
A New Zealand refugee travel document is valid for 5 years, unless sooner cancelled under this Act.

(2)
[Repealed]

Section 27C: inserted, on 21 April 2005, by section 21 of the Passports Amendment Act 2005 (2005 No 44).
Section 27C(1): amended, on 30 November 2015, by section 23(1) of the Passports Amendment Act 2015 (2015 No 89).
Section 27C(2): repealed, on 30 November 2015, by section 23(2) of the Passports Amendment Act 2015 (2015 No 89).

27D Cancellation of refugee travel document

(1)

The Minister may, by notice in writing, recall any New Zealand refugee travel document, and cancel it or retain possession of it, where—

(a)

the Minister issues to the holder another refugee travel document in substitution for the first one; or

(b)

the document has expired; or

(c)

the document has been so damaged or defaced as to render it, in the opinion of the Minister, unsuitable for use; or

(d)

there is reasonable cause to believe that any particulars recorded in it are incorrect; or

(e)

there is reasonable cause to believe that the document has been obtained by means of a false representation or a statement that is false in a material particular; or

(f)

2 or more valid New Zealand refugee travel documents are in existence in respect of the holder and there is no longer any sufficient reason why that should continue to be the case; or

(g)

a New Zealand passport has been issued to the person; or

(h)

the holder is no longer recognised as being a refugee; or

(i)

the document was issued to the holder in the mistaken belief that the holder was, at the time of issue, a refugee.

(1A)
The Minister may cancel a refugee travel document if the holder of the document states, in a declaration that is made in a manner approved by the Secretary, that the document has been lost or stolen.

(2)
Subject to section 27A, where the Minister retains or cancels a refugee travel document under any of paragraphs (b) to (e) of subsection (1) or cancels the document under subsection (1A), the Minister may, on the application of the document’s holder, issue another refugee travel document to replace that document.

(3)
This section is subject to section 27I.

Section 27D: inserted, on 21 April 2005, by section 21 of the Passports Amendment Act 2005 (2005 No 44).
Section 27D(1)(b): amended, on 30 November 2015, by section 24(1) of the Passports Amendment Act 2015 (2015 No 89).
Section 27D(1A): inserted, on 30 November 2015, by section 24(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 27D(2): amended, on 30 November 2015, by section 24(3) of the Passports Amendment Act 2015 (2015 No 89).
Section 27D(3): inserted, on 30 November 2015, by section 24(4) of the Passports Amendment Act 2015 (2015 No 89).

27E Cancellation of refugee travel document on grounds of national security

(1)

The Minister may, by notice in writing, recall any New Zealand refugee travel document, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the cancellation of the refugee travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(1A)
Subsection (1) is subject to section 27I.

(2)

If the Minister cancels or retains possession of a refugee travel document under this section,—

(a)

the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

(b)

the person is not entitled to obtain that refugee travel document or another New Zealand refugee travel document during the 12-month period starting with the date of the notice, unless the Minister’s decision under this section is revoked by the Minister or by a court.

(3)
The Minister may, at any time before the expiry of the 12-month period referred to in subsection (2)(b), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the refugee travel document or another New Zealand refugee travel document.

(4)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that paragraphs (a), (b), and (c) of subsection (1) still apply in relation to the person concerned.

(5)
Nothing in this section authorises the Minister to cancel a New Zealand refugee travel document at a time when its holder is outside New Zealand.

Section 27E: inserted, on 21 April 2005, by section 21 of the Passports Amendment Act 2005 (2005 No 44).
Section 27E(1A): inserted, on 30 November 2015, by section 25 of the Passports Amendment Act 2015 (2015 No 89).

27F Retention of refugee travel document by Minister on other grounds

(1)

The Minister may, by notice in writing, recall any New Zealand refugee travel document, and retain possession of it,—

(a)

if there is in force a warrant issued in New Zealand for the arrest of the holder:

(b)

if there is reasonable cause to believe—

(i)

that the refugee travel document is in the wrongful possession of any person other than the holder; or

(ii)

that the refugee travel document is in the possession of a person who is not the holder, as security, pledge, or deposit or other encumbrance entered into in contravention of section 33(3).

(2)
Where the Minister has recalled a refugee travel document under subsection (1)(a), the Minister must return that document to the holder as soon as practicable after the warrant is executed or withdrawn.

(3)
Where the Minister has recalled a refugee travel document under subsection (1)(b), the Minister must, unless the holder has been issued with a new document, forthwith return that document to the holder.

Section 27F: inserted, on 21 April 2005, by section 21 of the Passports Amendment Act 2005 (2005 No 44).

27G Delivery of recalled refugee travel document

(1)
Where the Minister recalls any refugee travel document under section 27D or section 27E or section 27F, the holder or other person who has the document in his or her possession or under his or her control must, on demand by an officer, deliver the document to the officer.

(2)
Every person commits an offence against this Act who knowingly fails without reasonable excuse to comply with subsection (1).

Section 27G: inserted, on 21 April 2005, by section 21 of the Passports Amendment Act 2005 (2005 No 44).

Cancellation of New Zealand travel document on death of holder

Heading: inserted, on 5 December 2013, by section 4 of the Passports Amendment Act 2013 (2013 No 127).

27H Death of holder of New Zealand travel document

(1)
If the Minister has reasonable grounds to believe that the holder of a New Zealand travel document has died, the Minister may cancel that holder’s New Zealand travel document.

(2)
This section is subject to section 27I.

(3)
[Repealed]

Section 27H: inserted, on 5 December 2013, by section 4 of the Passports Amendment Act 2013 (2013 No 127).
Section 27H(2): replaced, on 30 November 2015, by section 26 of the Passports Amendment Act 2015 (2015 No 89).
Section 27H(3): repealed, on 30 November 2015, by section 26 of the Passports Amendment Act 2015 (2015 No 89).

Electronic cancellation of New Zealand travel documents

Heading: inserted, on 30 November 2015, by section 27 of the Passports Amendment Act 2015 (2015 No 89).

27I Electronic cancellation of New Zealand travel documents

(1)
The Minister may cancel a New Zealand travel document under any of sections 8, 8A, 9, 9A, 20, 20A, 25, 25A, 27D, 27E, and 27H by electronically recording the cancellation of that travel document on a New Zealand travel document database.

(2)
Despite any provision in any of sections 8, 8A, 9, 9A, 20, 20A, 25, 25A, 27D, and 27E, the Minister need not recall a New Zealand travel document, under the relevant section, nor have possession of the document, before cancelling it in accordance with subsection (1).

(3)
Where the Minister has cancelled a New Zealand travel document in accordance with subsection (1) but has not recalled it, the Minister must promptly take reasonable steps to notify the person concerned in writing of the cancellation.

(4)
Despite subsection (3), the Minister is not required to notify a person whose New Zealand travel document has been cancelled under section 9(1)(b), 9(1A), 20(1)(b), 20(1A), 25(1)(c), 25(1A), 27D(1)(b), 27D(1A), or 27H(1).

Section 27I: inserted, on 30 November 2015, by section 27 of the Passports Amendment Act 2015 (2015 No 89).

Part 2 Miscellaneous provisions

Appeals

28 Appeal to High Court

(1)

Every person who, being—

(a)

the applicant for the issue of a New Zealand travel document; or

(b)

the holder of a New Zealand travel document,—

is dissatisfied with any decision of the Minister made in relation to the application or document under Part 1 may appeal to the High Court against that decision.

(2)
Every appeal under this section shall be filed within 28 days after the date on which notice of the decision that is the subject of the appeal has been received by the person seeking to bring the appeal, or within such extended time as the court may allow.

(3)
On any appeal under this section, the court may confirm, modify, or quash the decision that is the subject of the appeal, and may give all such directions (if any) to the Minister or any other person concerned as may be necessary to give effect to the court’s decision.

(4)
Where the appeal relates to a matter within the discretion of the Minister, the court may substitute its own discretion for that of the Minister.

(5)
Subject to this section, the procedure in respect of any appeal under this section shall be in accordance with rules of court.

(5A)
This section is subject to sections 29AA to 29AC in the case of an appeal against a decision of the Minister to refuse to issue a New Zealand travel document, or to cancel or retain a New Zealand travel document, on grounds of national security.

(6)
Except as provided in section 29, every decision of the court on an appeal under this section shall be final.

Compare: 1980 No 58 s 9

Section 28(1): substituted, on 21 April 2005, by section 22(1) of the Passports Amendment Act 2005 (2005 No 44).
Section 28(1)(a): amended, on 30 November 2015, by section 28 of the Passports Amendment Act 2015 (2015 No 89).
Section 28(5): amended, on 21 April 2005, by section 22(2) of the Passports Amendment Act 2005 (2005 No 44).
Section 28(5A): inserted, on 21 April 2005, by section 22(3) of the Passports Amendment Act 2005 (2005 No 44).

29 Appeal to Court of Appeal in certain cases

(1)
Any party to an appeal before the High Court under section 28 who is dissatisfied with any decision of the court may, with the leave of the court, or if that court refuses leave, with the leave of the Court of Appeal, appeal to the Court of Appeal.

(1A)
Any party who is dissatisfied with any decision of the High Court to issue an order extending the period for which a person is not entitled to obtain a New Zealand travel document under any of sections 4A(4), 8A(4), 20A(4), 25A(4), 27B(4), and 27E(4) may, with the leave of the court, or, if the court refuses leave, with the leave of the Court of Appeal, appeal to the Court of Appeal.

(2)
On any appeal under this section, the Court of Appeal shall have the same powers as are conferred on the High Court by subsections (3) and (4) of section 28 in respect of appeals under that section.

(3)
Subject to this section, the procedure in respect of any appeal under this section shall be in accordance with rules of court.

(3A)

This section is subject to sections 29AA to 29AC in the case of an appeal relating to—

(a)

a decision of the Minister to refuse to issue a New Zealand travel document, or to cancel or retain a New Zealand travel document, on grounds of national security; or

(b)

a decision of the High Court to issue an order extending the period for which a person is not entitled to obtain a New Zealand travel document under any of sections 4A(4), 8A(4), 20A(4), 25A(4), 27B(4), and 27E(4).

(4)
Every decision of the Court of Appeal on an appeal under this section shall be final.

Compare: 1980 No 58 s 10

Section 29(1A): inserted, on 21 April 2005, by section 23(1) of the Passports Amendment Act 2005 (2005 No 44).
Section 29(3): amended, on 21 April 2005, by section 23(2) of the Passports Amendment Act 2005 (2005 No 44).
Section 29(3A): inserted, on 21 April 2005, by section 23(3) of the Passports Amendment Act 2005 (2005 No 44).

Special provision for proceedings where national security involved

Heading: inserted, on 21 April 2005, by section 24 of the Passports Amendment Act 2005 (2005 No 44).

29AA Proceedings where national security involved

(1)

This section applies to the following proceedings:

(a)

any application to the High Court by the Minister under section 4A(3), section 8A(3), section 20A(3), section 25A(3), section 27B(3), or section 27E(3) for an order extending the period during which a person is not entitled to obtain a New Zealand travel document, and any appeal under section 29(1A) against such an order:

(b)

any appeal under section 28 or section 29 relating to a decision of the Minister under any of sections 4A, 8A, 20A, 25A, 27B, and 27E to refuse to issue a New Zealand passport or refugee travel document, or to cancel or retain a New Zealand travel document:

(c)

any appeal under section 28 or section 29 relating to a decision of the Minister to refuse to issue a certificate of identity under section 16 or an emergency travel document under section 23, where the Minister certifies that the refusal was based on a belief on reasonable grounds that—

(i)

the person was a danger to the security of New Zealand because the person intended to engage in or facilitate an action or matter of a kind described in section 4A(1)(a); and

(ii)

the danger to the security of New Zealand could not be effectively averted by other means; and

(iii)

the refusal to issue the certificate of identity or emergency travel document would prevent or effectively impede the ability of the person to carry out the intended action.

(2)

In hearing an appeal to which this section applies, the court must determine whether—

(a)

the information that led to the decision is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that—

(i)

the person concerned is a danger to the security of New Zealand because the person intends to engage in, or facilitate, an action or matter of a kind referred to in sections 4A(1)(a), 8A(1)(a), 20A(1)(a), 25A(1)(a), 27B(1)(a), and 27E(1)(a); and

(ii)

the refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document, will prevent or effectively impede the ability of the person to carry out or facilitate the action or matter concerned; and

(iii)

the danger to the security of New Zealand cannot be effectively averted by other means.

(3)
Where the appeal relates to a matter within the discretion of the Minister, the court may substitute its own discretion for that of the Minister.

(4)
If information presented or proposed to be presented in proceedings to which this section applies includes classified security information, then section 29AB applies.

(5)

In this section and sections 29AB and 29AC, classified security information means information—

(a)

relevant to whether there are or may be grounds for believing that—

(i)

the person concerned is a danger to the security of New Zealand because the person intends to engage in or facilitate, an action or matter of a kind referred to in sections 4A(1)(a), 8A(1)(a), 20A(1)(a), 25A(1)(a), 27B(1)(a), and 27E(1)(a); or

(ii)

a refusal to issue the New Zealand travel document concerned, or to cancel or retain the New Zealand travel document concerned, will prevent or effectively impede the ability of the person to carry out or facilitate the action or matter concerned; or

(iii)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(b)

held by an intelligence and security agency (as defined in section 4(1) of the Terrorism Suppression Act 2002) or by the New Zealand Police; and

(c)

that the head of the specified agency, or the New Zealand Police, certifies in writing cannot be disclosed except to the extent provided in section 29AB because, in the opinion of the head of the specified agency,—

(i)

the information is information of a kind specified in subsection (6); and

(ii)

disclosure of the information would be disclosure of a kind specified in subsection (7).

(6)

Information falls within subsection (5)(c)(i) if it—

(a)

might lead to the identification of, or provide details of, the source of the information, the nature, content, or scope of the information, or the nature or type of the assistance or operational methods available to the agency or the Police; or

(b)

is about particular operations that have been undertaken, or are being or are proposed to be undertaken, in pursuance of any of the functions of the agency or the Police; or

(c)

has been provided to the agency or the Police by the Government of another country or by an agency of a Government of another country or by an international organisation, and is information that cannot be disclosed by the agency or the Police because the Government or agency or organisation by which the information has been provided will not consent to the disclosure.

(7)

Disclosure of information falls within subsection (5)(c)(ii) if the disclosure would be likely—

(a)

to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or

(b)

to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by the Government of another country or any agency of such a Government, or by any international organisation; or

(c)

to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences, and the right to a fair trial; or

(d)

to endanger the safety of any person.

Compare: 2002 No 34 s 32
Section 29AA: inserted, on 21 April 2005, by section 24 of the Passports Amendment Act 2005 (2005 No 44).

29AB Proceedings involving classified security information

(1)

If information presented or proposed to be presented by the Crown in any proceedings to which section 29AA applies includes classified security information, the court must, on a request for the purpose by the Attorney-General and if satisfied that it is desirable to do so for the protection of (either all or part of) the classified security information, receive or hear (the part or all of) the classified security information in the absence of—

(a)

the person in respect of whom the decision concerned was made; and

(b)

all barristers or solicitors (if any) representing that person; and

(c)

members of the public.

(2)

Without limiting subsection (1),—

(a)

the court must approve a summary of the information of the kind referred to in section 29AA(5) that is presented by the Attorney-General except to the extent that a summary of any particular part of the information would itself involve disclosure that would be likely to prejudice the interests referred to in section 29AA(6) or (7); and

(b)

on being approved by the court (with or without amendments directed by the court in accordance with paragraph (a)), a copy of the statement must be given to the person concerned.

(3)

The court—

(a)

may give any directions and make any orders that the court thinks appropriate in the circumstances of the case:

(b)

must determine the application or appeal on the basis of information available to the court, whether or not that information has been disclosed to or responded to by all parties to the proceedings.

(4)
Nothing in this section limits section 27 of the Crown Proceedings Act 1950 or any rule of law that authorises or requires the withholding of a document or the refusal to answer a question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

(5)
This section applies despite any enactment or rule of law to the contrary.

Section 29AB: inserted, on 21 April 2005, by section 24 of the Passports Amendment Act 2005 (2005 No 44).

29AC Ancillary general practices and procedures to protect classified security information

(1)
Any general practices and procedures that may be necessary to implement the procedures specified in section 29AB and to ensure that classified security information is protected in all proceedings to which that section relates must be agreed between the Chief Justice and the Attorney-General as soon as practicable after the commencement of this section, and revised from time to time.

(2)

Without limiting the generality of subsection (1), general practices and procedures may be agreed under that subsection on the following matters:

(a)

measures relating to the physical protection of the information during all proceedings to which section 29AB relates:

(b)

the manner in which the information may be provided to the court:

(c)

measures to preserve the integrity of the information until any appeals are withdrawn or finally determined.

Section 29AC: inserted, on 21 April 2005, by section 24 of the Passports Amendment Act 2005 (2005 No 44).

Offences

29A Forged and false New Zealand travel documents

(1)

Every person commits an offence who—

(a)

forges a New Zealand travel document; or

(b)

knowing a document to be a forged or false New Zealand travel document, without reasonable excuse,—

(i)

uses, deals with, or acts upon it as if it were genuine; or

(ii)

causes another person to use, deal with, or act upon it as if it were genuine; or

(c)

without reasonable excuse,—

(i)

has in his or her possession or under his or her control a document that he or she knows or has reason to suspect is a forged or false New Zealand travel document; or

(ii)

sells, hires, lends, gives, or otherwise disposes of a document that he or she knows or has reason to suspect is a forged or false New Zealand travel document to another person; or

(d)

without lawful authority or reasonable excuse, makes or uses or has in his or her possession or disposes of any paper or other material that he or she knows is specially provided by the proper authorities for any purpose relating to New Zealand travel documents.

(2)

In subsection (1),—

false New Zealand travel document means a New Zealand travel document containing information purporting to relate to the person to whom it was issued (being information supplied by or on behalf of the person as part of or in connection with the person’s application for the document) that—

(a)

is false; or

(b)

relates in fact to some other person

forges and forged have meanings corresponding to the meaning given to forgery by section 256 of the Crimes Act 1961.

(3)
Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 10 years, a fine not exceeding $250,000, or both.

Section 29A: inserted, on 18 June 2002, by section 9 of the Passports Amendment Act 2002 (2002 No 24).
Section 29A(2) forges and forged: amended, on 21 April 2005, by section 25 of the Passports Amendment Act 2005 (2005 No 44).
Section 29A(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

30 Offences relating to New Zealand travel document information and material

(1)

Every person commits an offence who knowingly, and without lawful authority or reasonable excuse,—

(a)

deletes, alters, or copies any information recorded in or on a New Zealand travel document database; or

(b)

allows any information recorded in or on a New Zealand travel document database to be deleted, altered, or copied; or

(c)

records any information (whether correct or incorrect) in or on a New Zealand travel document database; or

(d)

allows any information (whether correct or incorrect) to be recorded in or on a New Zealand travel document database; or

(e)

takes from where it is officially kept—

(i)

a New Zealand travel document or a blank or incomplete New Zealand travel document; or

(ii)

a seal, stamp, or other authenticating device or thing, that he or she knows is specially used by the proper authorities for a purpose relating to New Zealand travel documents; or

(iii)

any paper or other material that he or she knows is specially provided by the proper authorities for a purpose relating to New Zealand travel documents; or

(f)

takes from where it is officially kept a file or register in or on which information is or is to be recorded by officers for the purposes of this Act.

(2)

Paragraphs (a) to (d) of subsection (1)—

(a)

apply to the deletion or alteration of information recorded in an electronic New Zealand travel document database, or the recording of information in an electronic New Zealand travel document database, whether it is achieved—

(i)

directly; or

(ii)

by altering or damaging the database, its programming, another device, the programming of another device, or any electronic storage; and

(b)

apply to the copying of information recorded in an electronic New Zealand travel document database whether it is achieved directly from the database, by means of another device, by the interception or copying of an electronic message, or from any form of electronic storage.

(3)
[Repealed]

(4)
Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 10 years, a fine not exceeding $250,000, or both.

Section 30: substituted, on 18 June 2002, by section 9 of the Passports Amendment Act 2002 (2002 No 24).
Section 30 heading: amended, on 30 November 2015, by section 29(1) of the Passports Amendment Act 2015 (2015 No 89).
Section 30(1)(a): amended, on 30 November 2015, by section 29(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 30(1)(b): amended, on 30 November 2015, by section 29(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 30(1)(c): amended, on 30 November 2015, by section 29(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 30(1)(d): amended, on 30 November 2015, by section 29(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 30(2)(a): amended, on 30 November 2015, by section 29(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 30(2)(b): amended, on 30 November 2015, by section 29(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 30(3): repealed, on 30 November 2015, by section 29(3) of the Passports Amendment Act 2015 (2015 No 89).
Section 30(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

30A Improper issue of New Zealand travel document

(1)
Every person commits an offence who, without lawful authority or reasonable excuse, issues a New Zealand travel document (whether or not to the person to whom it relates) knowing that the person to whom it relates is not entitled to be issued it.

(2)
Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 10 years, a fine not exceeding $250,000, or both.

Section 30A: inserted, on 18 June 2002, by section 9 of the Passports Amendment Act 2002 (2002 No 24).
Section 30A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

31 Other offences

(1)

Every person commits an offence who—

(a)

for purposes of travel and without reasonable excuse, uses a New Zealand travel document that he or she knows or has reasonable cause to suspect has expired or has been cancelled; or

(b)

for purposes of travel or identification and without reasonable excuse, uses a New Zealand travel document that he or she knows or has reasonable cause to suspect was issued to or in respect of another person; or

(c)

being a person to whom a New Zealand travel document has been issued, without reasonable excuse permits another person to have possession of that document in circumstances where he or she knows or has reasonable cause to suspect that the person intends to use it for purposes of travel or identification; or

(d)

without lawful authority or reasonable excuse, takes or retains in his or her possession or under his or her control a New Zealand travel document against the will of the holder; or

(e)

[Repealed]

(f)

without reasonable excuse, has in his or her possession or under his or her control within New Zealand—

(i)

a passport issued by or on behalf of the Government of any country other than New Zealand, being a passport that he or she knows or has reason to suspect has been falsified or has been obtained by false representation; or

(ii)

a document purporting to be a passport issued by or on behalf of the Government of any country other than New Zealand that he or she knows or has reason to suspect is not such a passport.

(2)
Every person commits an offence who intentionally defaces or destroys a New Zealand travel document.

(3)
Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 10 years, a fine not exceeding $250,000, or both.

(4)
Every person who commits an offence against subsection (2) is liable on conviction to imprisonment for a term not exceeding 2 years.

Compare: 1980 No 58 s 12

Section 31(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 31(1)(a): amended, on 21 April 2005, by section 26 of the Passports Amendment Act 2005 (2005 No 44).
Section 31(1)(b): amended, on 21 April 2005, by section 26 of the Passports Amendment Act 2005 (2005 No 44).
Section 31(1)(c): amended, on 21 April 2005, by section 26 of the Passports Amendment Act 2005 (2005 No 44).
Section 31(1)(d): amended, on 21 April 2005, by section 26 of the Passports Amendment Act 2005 (2005 No 44).
Section 31(1)(e): repealed, on 18 June 2002, by section 10(1) of the Passports Amendment Act 2002 (2002 No 24).
Section 31(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 31(2): amended, on 21 April 2005, by section 26 of the Passports Amendment Act 2005 (2005 No 44).
Section 31(3): substituted, on 18 June 2002, by section 10(2) of the Passports Amendment Act 2002 (2002 No 24).
Section 31(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
Section 31(4): added, on 18 June 2002, by section 10(2) of the Passports Amendment Act 2002 (2002 No 24).
Section 31(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

31A Jurisdiction in respect of actions taken outside New Zealand

[Repealed]
Section 31A: repealed, on 30 November 2015, by section 30 of the Passports Amendment Act 2015 (2015 No 89).

32 False representations

(1)

Every person commits an offence who, for the purpose of procuring a New Zealand travel document, or a renewal or endorsement of a New Zealand travel document, whether for his or her benefit or for the benefit of any other person,—

(a)

makes any statement that he or she knows to be false or misleading in a material particular; or

(b)

recklessly makes any statement that is false or misleading in a material particular.

(2)
Every person who commits an offence against subsection (1) is liable on conviction to imprisonment for a term not exceeding 5 years, a fine not exceeding $15,000, or both.

Section 32: substituted, on 18 June 2002, by section 11 of the Passports Amendment Act 2002 (2002 No 24).
Section 32(1)(a): amended, on 30 November 2015, by section 31(1) of the Passports Amendment Act 2015 (2015 No 89).
Section 32(1)(b): amended, on 30 November 2015, by section 31(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 32(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

32AA Jurisdiction in respect of actions taken outside New Zealand


Proceedings may be brought for an offence against section 29A(1), 30(1), or 30A(1), any of paragraphs (a) to (d) of section 31(1), or section 32(1) even if the act or omission alleged to constitute the offence did not occur in New Zealand.

Section 32AA: inserted, on 30 November 2015, by section 32 of the Passports Amendment Act 2015 (2015 No 89).

32A Court may forbid issue of passport

(1)

When sentencing a person in respect of an offence against this Act, a court may, in addition to any other sentence or order imposed or made, if satisfied that it is desirable for reasons of passport security and integrity, make an order that—

(a)

a New Zealand passport must not be issued to the person for a specified period not exceeding 10 years; and

(b)

any New Zealand passport issued to the person must be cancelled.

(2)

When sentencing a person in respect of a terrorism-related offence, a court may, in addition to any other sentence or order imposed or made, make an order that—

(a)

a New Zealand passport must not be issued to the person for a specified period not exceeding 15 years; and

(b)

any New Zealand passport issued to the person must be cancelled.

(3)

In this section, terrorism-related offence means—

(a)

an offence under any of the following enactments:

(i)

the Aviation Crimes Act 1972:

(ii)

the Crimes (Internationally Protected Persons, United Nations and Associated Personnel, and Hostages) Act 1980:

(iii)

the Maritime Crimes Act 1999:

(iv)

the Terrorism Suppression Act 2002:

(b)

an offence where terrorism (whether described in similar terms as, or by reference to, the definition of terrorist act in section 5 of the Terrorism Suppression Act 2002) is an aggravating factor.

(4)
An order under subsection (1) or subsection (2) expires at the end of the relevant specified period after the date of the person’s conviction of the offence.

Section 32A: inserted, on 18 June 2002, by section 11 of the Passports Amendment Act 2002 (2002 No 24).
Section 32A(2): substituted, on 21 April 2005, by section 27 of the Passports Amendment Act 2005 (2005 No 44).
Section 32A(3): added, on 21 April 2005, by section 27 of the Passports Amendment Act 2005 (2005 No 44).
Section 32A(4): added, on 21 April 2005, by section 27 of the Passports Amendment Act 2005 (2005 No 44).

Miscellaneous provisions

33 Passports, etc, are property of New Zealand Government

(1)
All New Zealand travel documents issued by or on behalf of the Government of New Zealand, whether before or after the commencement of this Act, shall be the property of the Government of New Zealand.

(2)
The right in a New Zealand travel document conferred on the Government of New Zealand by subsection (1) shall not be defeated or affected by any security, pledge, deposit, or encumbrance given, made or accepted in respect of the New Zealand travel document by the holder or by any other person.

(3)
No holder or any other person shall give, make, or accept as a security, pledge, or deposit, or otherwise encumber, a New Zealand travel document issued by or on behalf of the Government of New Zealand, and any term of an agreement which would otherwise have that effect shall be void.

Compare: 1980 No 58 s 14

Section 33(1): amended, on 21 April 2005, by section 28(a) of the Passports Amendment Act 2005 (2005 No 44).
Section 33(2): amended, on 21 April 2005, by section 28(b) of the Passports Amendment Act 2005 (2005 No 44).
Section 33(3): amended, on 21 April 2005, by section 28(c) of the Passports Amendment Act 2005 (2005 No 44).

34 Minister may delegate powers

(1)
The Minister may delegate to a specified person or to persons of a specified class, or to the holder or holders for the time being of a specified office or specified class of offices, any of the powers conferred on the Minister by Part 1 or section 42.

(2)
The delegation of a power under this section may be made generally, or in respect of a particular case or class of cases.

(3)
A power delegated under this section may be exercised by the person or persons, or the holder or holders for the time being of a specified office or specified class of offices, to whom it is delegated in the same manner and to the same extent as if it were conferred by this Act and not by delegation.

(4)
The delegation of a power under this section shall not prevent the exercise of that power by the Minister.

Compare: 1980 No 58 s 15
Section 34(1): amended, on 15 December 1994, by section 2 of the Passports Amendment Act 1994 (1994 No 156).

35 Disclosure of information to chief executive of New Zealand Customs Service

[Repealed]
Section 35: repealed, on 21 April 2005, by section 29(1) of the Passports Amendment Act 2005 (2005 No 44).

36 Disclosure of travel document and related information

(1)
The Secretary may, for the purpose of aiding border security, facilitating the processing of passengers, verifying the identity of a holder of a travel document, or determining whether a person is a New Zealand citizen, disclose New Zealand travel document information of a kind referred to in section 37 to any appropriate agency, body, or person (the other party).

(2)

The disclosure of the information must be in accordance with an agreement in writing between the Secretary and the other party that states—

(a)

the purpose of the agreement; and

(b)

the information that can be disclosed; and

(c)

the method and form of the disclosure; and

(d)

the use the other party will make of the information; and

(e)

the conditions under which the other party may disclose the information.

(3)
An agreement entered into under subsection (2) may be varied by the Secretary and the other party.

(4)
Before entering into an agreement under subsection (2) or varying an agreement under subsection (3), the Secretary and the other party must consult with the Privacy Commissioner on the terms of the agreement or variation.

(5)
The Privacy Commissioner may require the Secretary and the other party to review an agreement under this section, and report on the result of the review to the Privacy Commissioner, at intervals not shorter than 12 months.

Section 36: substituted, on 21 April 2005, by section 29(1) of the Passports Amendment Act 2005 (2005 No 44).

37 Information that may be disclosed

(1)

The information that may be disclosed under section 36 in relation to a New Zealand travel document is as follows:

(a)

the holder’s full name:

(b)

the holder’s date of birth:

(c)

the holder’s sex:

(d)

the holder’s eye colour:

(e)

the holder’s height:

(f)

the holder’s endorsements (if any):

(g)

the photograph of the holder:

(h)

the place of birth of the holder:

(i)

the document type:

(j)

the New Zealand travel document database key number:

(k)

the passport or document number:

(l)

the date of issue of the passport or document:

(m)

the date of expiry of the passport or document:

(n)

the place of issue of the passport or document:

(o)

the status of the passport or document:

(p)

any other information relating to a New Zealand travel document that may be used—

(i)

to verify the identity of the document’s holder; or

(ii)

to determine whether a person is a New Zealand citizen by birth; or

(iii)

for the purpose of border security; or

(iv)

to assist in the processing of passengers.

(2)
Every application form for a New Zealand travel document that is printed after the date of commencement of the Passports Amendment Act 2005 must include a statement that the information may be so disclosed.

(3)
Nothing in section 36 shall prevent or limit any other disclosure of the information which may be otherwise required or authorised by or under law.

Section 37(1): amended, on 21 April 2005, by section 30(1) of the Passports Amendment Act 2005 (2005 No 44).
Section 37(1)(j): amended, on 30 November 2015, by section 33 of the Passports Amendment Act 2015 (2015 No 89).
Section 37(1)(p): added, on 21 April 2005, by section 30(2) of the Passports Amendment Act 2005 (2005 No 44).
Section 37(2): substituted, on 21 April 2005, by section 30(3) of the Passports Amendment Act 2005 (2005 No 44).
Section 37(3): amended, on 21 April 2005, by section 30(4) of the Passports Amendment Act 2005 (2005 No 44).

37A Access to information for purposes of Identity Information Confirmation Act 2012


Nothing in this Act limits access to information that is recorded under this Act if the access is for the purposes of, and in accordance with, the Identity Information Confirmation Act 2012.

Section 37A: inserted, on 19 December 2012, by section 22 of the Identity Information Confirmation Act 2012 (2012 No 124).

38 Penalties

(1)
Every person who commits an offence under this Act in respect of which no penalty is provided elsewhere than in this section is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000.

(2)
Despite anything to the contrary in section 25 of the Criminal Procedure Act 2011, the limitation period in respect of an offence against this Act ends on the date that is 2 years after the date on which the offence was committed.

(3)
Subsection (2) does not limit the time for filing a charging document for an offence against any of sections 29A(1), 30(1), 30A(1), 31(1) or (2), or 32(1).

Section 38: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

39 Offences triable summarily

[Repealed]
Section 39: repealed, on 18 June 2002, by section 12(2) of the Passports Amendment Act 2002 (2002 No 24).

Regulations

40 Regulations

(1)

The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

(a)

requiring the payment of fees, and prescribing the amount of such fees, in respect of applications for and the issue of passports, certificates of identity, emergency travel documents, and refugee travel documents:

(b)

requiring the payment of fees, and prescribing the amount of such fees, in respect of the provision of any administrative service specified in the regulations, such as the certification of a New Zealand travel document:

(c)

providing for any other matters contemplated by this Act, necessary for its administration, or necessary for giving it full effect.

(2)

Any fees set under subsection (1) may differ depending on—

(a)

the time at which the application is lodged:

(b)

the type of travel document:

(c)

whether the application is lodged in New Zealand or overseas:

(d)

whether the application is for—

(i)

a new travel document; or

(ii)

a replacement for a lost or stolen travel document:

(e)

in the case of an application lodged overseas, the overseas place where the application is lodged:

(f)

the manner in which the application is lodged, for example, whether the application is lodged in paper form or electronically via an Internet site maintained by or on behalf of the Secretary:

(g)

whether the applicant is, or is not, under the age of 16 years.

Section 40: replaced, on 30 November 2015, by section 34 of the Passports Amendment Act 2015 (2015 No 89).

Repeals[Repealed]

Heading: repealed, on 30 November 2015, by section 35 of the Passports Amendment Act 2015 (2015 No 89).

41 Repeals

[Repealed]
Section 41: repealed, on 30 November 2015, by section 35 of the Passports Amendment Act 2015 (2015 No 89).

Transitional provisions[Repealed]

Heading: repealed, on 30 November 2015, by section 35 of the Passports Amendment Act 2015 (2015 No 89).

42 Provisions relating to endorsement of name of child on passport of parent or guardian

[Repealed]
Section 42: repealed, on 30 November 2015, by section 35 of the Passports Amendment Act 2015 (2015 No 89).

Saving[Repealed]

Heading: repealed, on 30 November 2015, by section 35 of the Passports Amendment Act 2015 (2015 No 89).

43 Existing passports, etc, to continue in force

[Repealed]
Section 43: repealed, on 30 November 2015, by section 35 of the Passports Amendment Act 2015 (2015 No 89).

Validation[Repealed]

Heading: repealed, on 30 November 2015, by section 35 of the Passports Amendment Act 2015 (2015 No 89).

44 Validation of certain prescribed fees

[Repealed]
Section 44: repealed, on 30 November 2015, by section 35 of the Passports Amendment Act 2015 (2015 No 89).

Application

Heading: inserted, on 12 December 2014, by section 4 of the Passports Amendment Act 2014 (2014 No 71).

45 Application of temporary provisions in Schedule 2

(1)

The temporary provisions set out in Schedule 2 apply during the period—

(a)

beginning on 12 December 2014; and

(b)

ending with the close of 31 March 2017.

(2)

The temporary provisions have the following effect while they apply:

(a)

clause 1 of Schedule 2 replaces section 4A:

(b)

clause 2 of Schedule 2 replaces section 8A:

(c)

clause 3 of Schedule 2 replaces section 20A:

(d)

clause 4 of Schedule 2 replaces section 25A:

(e)

clause 5 of Schedule 2 replaces section 27B:

(f)

clause 6 of Schedule 2 replaces section 27E:

(g)

clauses 7 to 9 of Schedule 2 supplement the provisions set out in the body of this Act.

(3)
If a temporary provision replaces a provision in the body of this Act, the application of the replaced provision is suspended.

(4)
If a temporary provision duplicates, modifies, supplements, or is inconsistent with a provision in the body of this Act, the temporary provision prevails.

(5)

To avoid doubt,—

(a)

any replaced provision continues to apply with respect to any relevant matter arising before the commencement of this section:

(b)

any cross-reference in this Act or any other enactment or document to a replaced provision is to be treated as a cross-reference to the corresponding replacement provision with respect to any relevant matter arising on or after the commencement of this section:

(c)

sections 28 and 29 apply to clauses 1 to 6 of Schedule 2 as if those clauses were in Part 1.

(6)
This section and Schedule 2 are repealed on 1 April 2017.

Section 45: inserted, on 12 December 2014, by section 4 of the Passports Amendment Act 2014 (2014 No 71).
Section 45 heading: amended, on 30 November 2015, by section 36(1) of the Passports Amendment Act 2015 (2015 No 89).
Section 45(1): amended, on 30 November 2015, by section 36(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 45(2)(a): amended, on 30 November 2015, by section 36(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 45(2)(b): amended, on 30 November 2015, by section 36(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 45(2)(c): amended, on 30 November 2015, by section 36(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 45(2)(d): amended, on 30 November 2015, by section 36(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 45(2)(e): amended, on 30 November 2015, by section 36(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 45(2)(f): amended, on 30 November 2015, by section 36(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 45(2)(g): amended, on 30 November 2015, by section 36(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 45(5)(c): amended, on 30 November 2015, by section 36(2) of the Passports Amendment Act 2015 (2015 No 89).
Section 45(6): amended, on 30 November 2015, by section 36(2) of the Passports Amendment Act 2015 (2015 No 89).

46 Transitional provision

(1)

On or after 1 April 2017, any person whose New Zealand travel document was recalled under clause 2, 3, 4, or 6 of Schedule 2 (as inserted by the Passports Amendment Act 2014) may, 12 months after the date on which that person’s New Zealand travel document was recalled, apply for—

(a)

the return of that New Zealand travel document; or

(b)

a new New Zealand travel document.

(2)
This section is repealed on 1 April 2018.

Section 46: inserted, on 12 December 2014, by section 4 of the Passports Amendment Act 2014 (2014 No 71).
Section 46(1): amended, on 30 November 2015, by section 37 of the Passports Amendment Act 2015 (2015 No 89).

Schedule 1 Transitional, savings, and related provisions

s 2A
Schedule 1: inserted, on 30 November 2015, by section 38 of the Passports Amendment Act 2015 (2015 No 89).

1 Savings


Nothing in this Act affects the validity or period of validity of any New Zealand travel document issued or renewed before the commencement of the Passports Amendment Act 2015.

Schedule 2 Temporary provisions

s 45

Schedule 2: inserted as the Schedule, on 12 December 2014, by section 5 of the Passports Amendment Act 2014 (2014 No 71).
Schedule 2 schedule number: inserted, on 30 November 2015, by section 39(2) of the Passports Amendment Act 2015 (2015 No 89).

1 Refusal to issue passport on grounds of national security

(1)

The Minister may refuse to issue a New Zealand passport to a person if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the refusal to issue a passport will prevent or effectively impede the ability of the person to carry out the intended action.

(2)

The Minister may also refuse to issue a New Zealand passport to a person if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of a country other than New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; and

(b)

the danger to the security of that country cannot be effectively averted by other means; and

(c)

the refusal to issue a passport will prevent or effectively impede the ability of the person to carry out the intended action.

(3)
To avoid doubt, the Minister may refuse to issue a New Zealand passport to a person who is outside New Zealand.

(4)

If the Minister refuses to issue a passport under this clause,—

(a)

the Minister must notify the person in writing of the refusal, and the reasons for it; and

(b)

the person is not entitled to obtain a New Zealand passport during the 12-month period starting with the date of the decision, unless the Minister’s decision under this clause is revoked by the Minister or by a court.

(5)

Despite subclause (4)(a),—

(a)

the Minister may defer notifying the person for a period not exceeding 30 days if the Minister is satisfied that giving notice sooner would prejudice an ongoing investigation or put the security or safety of any person at risk:

(b)

notice is to be treated as given if the Minister has taken all practicable steps to provide it.

(6)
Despite subclause (4)(b), the Minister may specify a longer period in the notice, not exceeding 36 months, if the Minister is satisfied that the person would continue to pose a danger to New Zealand or any other country.

(7)

If the period exceeds 12 months,—

(a)

the person may, within 30 days after the date on which the notice was issued, make a written submission to the Minister about the length of the period and, if a submission is made, the Minister must review the length of the period, having regard to the person’s submission; and

(b)

the Minister must, every 12 months after the date on which the notice was issued (if yet to expire), review the decision by—

(i)

inviting the person to make a written submission to the Minister about the decision; and

(ii)

determining whether the decision should be revoked, having regard to the person’s submission (if any).

(8)
The Minister may, at any time before the expiry of the period referred to in subclause (4)(b) or (6), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain a New Zealand passport.

(9)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that subclause (1) or (2) still applies in relation to the person concerned.

2 Cancellation of passport on grounds of national security

(1)

The Minister may, by notice in writing, recall any New Zealand passport, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the cancellation of the passport, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(2)

The Minister may also, by notice in writing, recall any New Zealand passport, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of a country other than New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; and

(b)

the danger to the security of that country cannot be effectively averted by other means; and

(c)

the cancellation of the passport, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(3)
To avoid doubt, the Minister may recall, cancel, or retain possession of a New Zealand passport for a person who is outside New Zealand.

(4)

If the Minister cancels or retains possession of a passport under this clause,—

(a)

the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

(b)

the person is not entitled to obtain that passport or another New Zealand passport during the 12-month period starting with the date of the decision, unless the Minister’s decision under this clause is revoked by the Minister or by a court.

(5)

Despite subclause (4)(a),—

(a)

the Minister may defer notifying the person for a period not exceeding 30 days if the Minister is satisfied that giving notice sooner would prejudice an ongoing investigation or put the security or safety of any person at risk:

(b)

notice is to be treated as given if the Minister has taken all practicable steps to provide it.

(6)
Despite subclause (4)(b), the Minister may specify a longer period in the notice, not exceeding 36 months, if the Minister is satisfied that the person would continue to pose a danger to New Zealand or any other country.

(7)

If the period exceeds 12 months,—

(a)

the person may, within 30 days after the date on which the notice was issued, make a written submission to the Minister about the length of the period and, if a submission is made, the Minister must review the length of the period, having regard to the person’s submission; and

(b)

the Minister must, every 12 months after the date on which the notice was issued (if yet to expire), review the decision by—

(i)

inviting the person to make a written submission to the Minister about the decision; and

(ii)

determining whether the decision should be revoked, having regard to the person’s submission (if any).

(8)
The Minister may, at any time before the expiry of the period referred to in subclause (4)(b) or (6), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the passport or another New Zealand passport.

(9)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that subclause (1) or (2) still applies in relation to the person concerned.

3 Cancellation of certificate of identity on grounds of national security

(1)

The Minister may, by notice in writing, recall any certificate of identity issued to any person by or on behalf of the New Zealand Government, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the cancellation of the certificate of identity, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(2)

The Minister may also, by notice in writing, recall any certificate of identity issued to any person by or on behalf of the New Zealand Government, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of a country other than New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; and

(b)

the danger to the security of that country cannot be effectively averted by other means; and

(c)

the cancellation of the certificate of identity, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(3)
To avoid doubt, the Minister may recall, cancel, or retain possession of a certificate of identity for a person who is outside New Zealand.

(4)

If the Minister cancels or retains possession of a certificate of identity under this clause,—

(a)

the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

(b)

the person is not entitled to obtain that certificate of identity or another New Zealand travel document during the 12-month period starting with the date of the decision, unless the Minister’s decision under this clause is revoked by the Minister or by a court.

(5)

Despite subclause (4)(a),—

(a)

the Minister may defer notifying the person for a period not exceeding 30 days if the Minister is satisfied that giving notice sooner would prejudice an ongoing investigation or put the security or safety of any person at risk:

(b)

notice is to be treated as given if the Minister has taken all practicable steps to provide it.

(6)
Despite subclause (4)(b), the Minister may specify a longer period in the notice, not exceeding 36 months, if the Minister is satisfied that the person would continue to pose a danger to New Zealand or any other country.

(7)

If the period exceeds 12 months,—

(a)

the person may, within 30 days after the date on which the notice was issued, make a written submission to the Minister about the length of the period and, if a submission is made, the Minister must review the length of the period, having regard to the person’s submission; and

(b)

the Minister must, every 12 months after the date on which the notice was issued (if yet to expire), review the decision by—

(i)

inviting the person to make a written submission to the Minister about the decision; and

(ii)

determining whether the decision should be revoked, having regard to the person’s submission (if any).

(8)
The Minister may, at any time before the expiry of the period referred to in subclause (4)(b) or (6), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the certificate of identity or another New Zealand travel document.

(9)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that subclause (1) or (2) still applies in relation to the person concerned.

4 Cancellation of emergency travel document on grounds of national security

(1)

The Minister may, by notice in writing, recall any emergency travel document issued to any person (other than a journey-specific emergency travel document issued under section 23(3)), and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the cancellation of the emergency travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(2)

The Minister may also, by notice in writing, recall any emergency travel document issued to any person (other than a journey-specific emergency travel document issued under section 23(3)), and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of a country other than New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; and

(b)

the danger to the security of that country cannot be effectively averted by other means; and

(c)

the cancellation of the emergency travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(3)
To avoid doubt, the Minister may recall, cancel, or retain possession of an emergency travel document for a person who is outside New Zealand.

(4)

If the Minister cancels or retains possession of an emergency travel document under this clause,—

(a)

the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

(b)

the person is not entitled to obtain that emergency travel document or another New Zealand travel document (other than a journey-specific emergency travel document issued under section 23(3)) during the 12-month period starting with the date of the decision, unless the Minister’s decision under this clause is revoked by the Minister or by a court.

(5)

Despite subclause (4)(a),—

(a)

the Minister may defer notifying the person for a period not exceeding 30 days if the Minister is satisfied that giving notice sooner would prejudice an ongoing investigation or put the security or safety of any person at risk:

(b)

notice is to be treated as given if the Minister has taken all practicable steps to provide it.

(6)
Despite subclause (4)(b), the Minister may specify a longer period in the notice, not exceeding 36 months, if the Minister is satisfied that the person would continue to pose a danger to New Zealand or any other country.

(7)

If the period exceeds 12 months,—

(a)

the person may, within 30 days after the date on which the notice was issued, make a written submission to the Minister about the length of the period and, if a submission is made, the Minister must review the length of the period, having regard to the person’s submission; and

(b)

the Minister must, every 12 months after the date on which the notice was issued (if yet to expire), review the decision by—

(i)

inviting the person to make a written submission to the Minister about the decision; and

(ii)

determining whether the decision should be revoked, having regard to the person’s submission (if any).

(8)
The Minister may, at any time before the expiry of the period referred to in subclause (4)(b) or (6), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the emergency travel document or another New Zealand travel document.

(9)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that subclause (1) or (2) still applies in relation to the person concerned.

5 Refusal to issue refugee travel document on grounds of national security

(1)

The Minister may refuse to issue a New Zealand refugee travel document to a person if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the refusal to issue a refugee travel document will prevent or effectively impede the ability of the person to carry out the intended action.

(2)

The Minister may also refuse to issue a New Zealand refugee travel document to a person if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of a country other than New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; and

(b)

the danger to the security of that country cannot be effectively averted by other means; and

(c)

the refusal to issue a refugee travel document will prevent or effectively impede the ability of the person to carry out the intended action.

(3)
To avoid doubt, the Minister may refuse to issue a New Zealand refugee travel document to a person who is outside New Zealand.

(4)

If the Minister refuses to issue a New Zealand refugee travel document under this clause,—

(a)

the Minister must notify the person in writing of the refusal, and the reasons for it; and

(b)

the person is not entitled to obtain a New Zealand refugee travel document during the 12-month period starting with the date of the decision, unless the Minister’s decision under this clause is revoked by the Minister or by a court.

(5)

Despite subclause (4)(a),—

(a)

the Minister may defer notifying the person for a period not exceeding 30 days if the Minister is satisfied that giving notice sooner would prejudice an ongoing investigation or put the security or safety of any person at risk:

(b)

notice is to be treated as given if the Minister has taken all practicable steps to provide it.

(6)
Despite subclause (4)(b), the Minister may specify a longer period in the notice, not exceeding 36 months, if the Minister is satisfied that the person would continue to pose a danger to New Zealand or any other country.

(7)

If the period exceeds 12 months,—

(a)

the person may, within 30 days after the date on which the notice was issued, make a written submission to the Minister about the length of the period and, if a submission is made, the Minister must review the length of the period, having regard to the person’s submission; and

(b)

the Minister must, every 12 months after the date on which the notice was issued (if yet to expire), review the decision by—

(i)

inviting the person to make a written submission to the Minister about the decision; and

(ii)

determining whether the decision should be revoked, having regard to the person’s submission (if any).

(8)
The Minister may, at any time before the expiry of the period referred to in subclause (4)(b) or (6), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain a New Zealand refugee travel document.

(9)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that subclause (1) or (2) still applies in relation to the person concerned.

6 Cancellation of refugee travel document on grounds of national security

(1)

The Minister may, by notice in writing, recall any New Zealand refugee travel document, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; or

(iii)

any unlawful activity designed or likely to cause devastating or serious economic damage to New Zealand, carried out for purposes of commercial or economic gain; and

(b)

the danger to the security of New Zealand cannot be effectively averted by other means; and

(c)

the cancellation of the New Zealand refugee travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(2)

The Minister may also, by notice in writing, recall any New Zealand refugee travel document, and cancel it or retain possession of it, if the Minister believes on reasonable grounds that—

(a)

the person is a danger to the security of a country other than New Zealand because the person intends to engage in, or facilitate,—

(i)

a terrorist act within the meaning of section 5 of the Terrorism Suppression Act 2002; or

(ii)

the proliferation of weapons of mass destruction; and

(b)

the danger to the security of that country cannot be effectively averted by other means; and

(c)

the cancellation of the New Zealand refugee travel document, or its retention by the Minister, will prevent or effectively impede the ability of the person to carry out the intended action.

(3)

If the Minister cancels or retains possession of a New Zealand refugee travel document under this section,—

(a)

the Minister must notify the person in writing of the cancellation or retention, and the reasons for it; and

(b)

the person is not entitled to obtain that New Zealand refugee travel document or another New Zealand refugee travel document during the 12-month period starting with the date of the decision, unless the Minister’s decision under this section is revoked by the Minister or by a court.

(4)

Despite subclause (3)(a),—

(a)

the Minister may defer notifying the person for a period not exceeding 30 days if the Minister is satisfied that giving notice sooner would prejudice an ongoing investigation or put the security or safety of any person at risk:

(b)

notice is to be treated as given if the Minister has taken all practicable steps to provide it.

(5)
Despite subclause (3)(b), the Minister may specify a longer period in the notice, not exceeding 36 months, if the Minister is satisfied that the person would continue to pose a danger to New Zealand or any other country.

(6)

If the period exceeds 12 months,—

(a)

the person may, within 30 days after the date on which the notice was issued, make a written submission to the Minister about the length of the period and, if a submission is made, the Minister must review the length of the period, having regard to the person’s submission; and

(b)

the Minister must, every 12 months after the date on which the notice was issued (if yet to expire), review the decision by—

(i)

inviting the person to make a written submission to the Minister about the decision; and

(ii)

determining whether the decision should be revoked, having regard to the person’s submission (if any).

(7)
The Minister may, at any time before the expiry of the period referred to in subclause (3)(b) or (5), apply to a Judge of the High Court for an order to extend for a further period not exceeding 12 months the period during which the person is not entitled to obtain the New Zealand refugee travel document or another New Zealand refugee travel document.

(8)

The Judge must make the order applied for if satisfied that—

(a)

the information presented in support of the application is credible, having regard to its source or sources; and

(b)

the information reasonably supports a finding that subclause (1) or (2) still applies in relation to the person concerned.

(9)
Nothing in this section authorises the Minister to cancel a New Zealand refugee travel document at a time when its holder is outside New Zealand.

7 Temporary suspension of New Zealand travel documents

(1)

The Minister may suspend a person’s New Zealand travel document for a period not exceeding 10 working days if the Minister is satisfied that—

(a)

a report is, in respect of clause 2, 3, 4, or 6, being prepared regarding the danger that the person presents to the security of New Zealand or another country; and

(b)

the person is likely to travel before the report is prepared.

(2)

If, during the preparation of the report, it becomes apparent that the grounds for cancellation (as specified in clause 2, 3, 4, or 6) cannot be established,—

(a)

the Minister must be notified immediately; and

(b)

the suspension lapses when the Minister is notified.

(3)
The Minister may mark the electronic record of a New Zealand travel document on a New Zealand travel document database with a warning to indicate that the New Zealand travel document has been suspended.

Schedule 2 clause 7(3): inserted, on 30 November 2015, by section 39(1) of the Passports Amendment Act 2015 (2015 No 89).

8 Proceedings where national security involved

(1)

Sections 29AA to 29AC also apply to—

(a)

any application for judicial review of a decision made under clause 1, 2, 3, 4, 5, 6, or 7; and

(b)

any other proceedings that challenge a decision made under this Act that involves matters of security.

(2)

With respect to section 29AA, if a decision, which may be made at any time, is made to withdraw any classified security information,—

(a)

the classified security information—

(i)

must be kept confidential and must not be disclosed by the court; and

(ii)

must be returned to the relevant agency; and

(b)

the court must continue to make the decision or determine the proceedings—

(i)

without regard to that classified security information; and

(ii)

in the case of an appeal or a review of proceedings, as if that information had not been available in making the decision subject to the appeal or review.

Compare: 2009 No 51 s 37(4), (5)

9 Limitation of Crown liability

(1)
This clause applies to any decision made under clause 1, 2, 3, 4, 5, 6, or 7.

(2)
The Crown is not liable to any person for any loss or damage as a result of, or in connection with, a decision referred to in subclause (1) unless the person or persons taking those actions, or any employee of the Crown performing any function directly or indirectly connected with those actions, has not acted in good faith or has been grossly negligent.

Compare: 1996 No 27 s 280E(1), (2)

Passports Amendment Act 2005

Public Act
 
2005 No 44

Date of assent
 
20 April 2005

Commencement
 
see section 2

1 Title

(1)
This Act is the Passports Amendment Act 2005.

(2)
In this Act, the Passports Act 1992 is called “the principal Act”.

2 Commencement


This Act comes into force on the day after the date on which it receives the Royal assent.

29 New section substituted

(1)
Amendment(s) incorporated in the Act(s).

(2)

An agreement entered into under section 35 or section 36 of the principal Act that was in existence immediately before the commencement of this Act—

(a)

is deemed to be an agreement with an appropriate agency entered into, after consultation with the Privacy Commissioner, under section 36 of the principal Act as substituted by this section; and

(b)

is deemed to apply to information of the kind described in section 37(1)(p).

Reprints notes

1 General

This is a reprint of the Passports Act 1992 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Passports Amendment Act 2015 (2015 No 89)
Passports Amendment Act 2014 (2014 No 71)
Passports Amendment Act 2013 (2013 No 127)
Identity Information Confirmation Act 2012 (2012 No 124): section 22
Criminal Procedure Act 2011 (2011 No 81): section 413
Immigration Act 2009 (2009 No 51): section 406(1)
Policing Act 2008 (2008 No 72): section 116(a)(ii)
Sentencing Amendment Act 2007 (2007 No 27): section 58
Passports Amendment Act 2005 (2005 No 44)
Passports Amendment Act 2003 (2003 No 92)
Passports Amendment Act 2002 (2002 No 24)
Sentencing Act 2002 (2002 No 9): section 186
Passports Amendment Act 1994 (1994 No 156)