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Thread: Confusion regarding Section 15

  1. #1
    Join Date
    Jul 2013
    Location
    Australia
    Posts
    4

    Default Confusion regarding Section 15

    Hi All,

    Myself and my Family are planing on traveling to NZ shortly for a 5 Day holiday we are all Australian Citizens, but i have been confused in regards to Section 15.

    My Story, 2004 Convicted and sentenced to 3 months in prison for Drive while Disqualified.

    "Section 15 (1)(b)who, at any time in the preceding 10 years (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or"

    In 1993 Convicted for 12 Months plus 4 months parole for Steal Motor Vehicle and driving offences

    Section 15 (1) (a)who, at any time (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more; or

    Obviously i don't exceed the above guidelines set by the section however i was wondering how this would effect my travel to NZ for 5 Days only.

    I have contacted INZ twice, and given 2 different examples

    1st example was that i would be interviewed on arrival and allowed entry due to not exceeding the above sentences.
    2nd example was that i would have to apply for a "Special Direction" and obtain a Police Certificate ect (total cost of $250 and possibly another $105 for Visa application)

    After looking through the Immigration act 2009 , i feel i would meet the character requirements based on the above information.

    I have obtained a Police certificate however it was a Name Check only and i have since found that a Fingerprint check is required.

    Could someone please offer their thoughts or experiences with similar circumstances and if i am reading the Act correctly, its really got me confused, i really dont want to spend another $300 + on this as i would prefer to spend this money during my 5 Days in Auckland and to help put some money into the your local economy.

    Thanks In advance

  2. #2
    Join Date
    Feb 2013
    Location
    UK
    Posts
    1,547

    Default

    Hi. Assuming that the 1993 offence is now more than 10 years ago, it would seem that you are not affected by Section 15 of the Act. I have no experience of this personally, but that is my understanding of the situation. [I have not r-read Section 15, but assumed that you have quoted the relevant parts above.]

  3. #3
    Join Date
    Feb 2008
    Posts
    37,834

    Default

    This is the wording of the character requirements page from the INZ website. http://glossary.immigration.govt.nz/Goodcharacter.htm

    Good character

    To grant you a New Zealand visa we need to be assured that you and any family included in your application are of good character. We make this requirement to protect the well being and security of New Zealanders.

    Under sections 15 and 16 of the Immigration Act we will not grant you a visa if:

    you have been convicted and sentenced to imprisonment for 5 years or more (this applies even if any of your offences have later been taken off the record)
    in the past 10 years you were convicted and sentenced to imprisonment for 12 months or more
    you are subject to a period of prohibition on entry to New Zealand under section 179 or 180 of the Immigration Act 2009
    you have been deported or removed from New Zealand under any enactment (whether before or after the commencement of the Immigration Act 2009)
    you are excluded from New Zealand under any enactment
    you have, at any time, been removed, excluded, or deported from another country
    you have been involved in terrorist activities, or belonged to or supported any organisation involved in terrorist activities
    it is believed you are likely to commit – or to assist others to commit – criminal or drug offences, or an act of terrorism, in New Zealand
    it is believed you are likely – due to any international circumstances – to be a danger to New Zealand’s security or public order
    it is believed you are associated with an organisation or group that has criminal objectives or is engaged in criminal activities and for that – or any other reason – you’re considered to be a threat to the public interest or public order of New Zealand.

    We carry out character checks on everyone 17 years or over included in residence applications or applying for temporary entry for 24 months or longer. We may also undertake a character check on anyone else that we consider may not meet our character requirements.
    This gives them a wider scope for action than the wording you quoted. I agree that the convictions you mention wouldn't bring you under the ban, but they might cause Immigration at entry to want to question you further - you probably need to be prepared for the delay caused by that. If you didn't want that to happen, applying for a visa beforehand (rather than just arriving, as normally an Australian can do) would get the checking done ahead of time, but that is what would involve paying the fee, etc..

  4. #4
    Join Date
    Oct 2006
    Location
    Waterloo, Lower Hutt
    Posts
    505

    Default

    As JandM said, i would recommend applying for the visa before had. This will give you certainty and allow a fast entry through the NZ border to enjoy your 5 days.

  5. #5
    Join Date
    Jul 2013
    Location
    Australia
    Posts
    4

    Default

    Hi Karen, JandM and eternalkiwi.

    but they might cause Immigration at entry to want to question you further - you probably need to be prepared for the delay caused by that
    I would be more than prepared for this to occur, we arrive late in the afternoon with no plans our hotel is 24hr checkin

    I have read http://glossary.immigration.govt.nz/Goodcharacter.htm that many times i reackon i could recite it word for word, i wanted to put it out there i guess to make sure i was reading it correctly and not to suit myself and get other peoples experience or advice.

  6. #6
    Join Date
    Jul 2013
    Location
    Australia
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    Default

    Hi Karen

    Assuming that the 1993 offence is now more than 10 years ago
    its been just over 20 yrs now

  7. #7
    Join Date
    Feb 2008
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    Good luck! It would be interesting to hear how you get on, if you'd come and report back after your trip.

  8. #8
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    Feb 2013
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    UK
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    ..oh dear - I am getting old - somehow I had deducted 10 from 2013 and got 1993. Oh well. I spoke to INZ this week about a different client with various offences and my gut feeling is that while you may well be questioned, you should be okay. Do let us know how you go. I hope it all goes well and you enjoy Auckland. Kind regards. Karen

  9. #9
    Join Date
    Jul 2013
    Location
    Australia
    Posts
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    Hi All,

    Just wanted to let you know that i had no issues at all with immigration at Auckland Airport, i filled out the entry card truthfully and not a question was asked, I must however say i think Auckland is one of the cleanest places i have visited ever, we had an absolutely fantastic time and would love to come back and travel both islands for sure

    Thank you all for your advice and assistance

    Regards,


    Hendo_75

  10. #10
    Join Date
    Feb 2008
    Posts
    37,834

    Default

    That's great - glad you had a good trip.

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