D7.5 Aiding and abetting

See also Immigration Act s 343

1. Section 343 of the Immigration Act 2009 provides for it to be an offence to for a material benefit, aid, abet, incite, counsel, or procure another person to remain unlawfully in New Zealand or to breach any conditions of a visa the other person holds.
2. Whether in or outside New Zealand, and whether or not the other person in fact enters New Zealand, it is also an offence under section 343 of the Immigration Act 2009 to aid, abet, incite, counsel, or procure another person to:
   1. unlawfully enter New Zealand:
      • knowing that the other person’s entry into New Zealand is or would be unlawful; or
      • being reckless as to whether the other person’s entry into New Zealand is or would be unlawful; or
   2. breach any condition of a visa the other person holds under the Immigration Act 2009; or
   3. remain in New Zealand unlawfully; or
   4. complete a document for entry to New Zealand in a manner that the person aiding or assisting knows is false or misleading for the purposes of:
      • section 98 or 103 of the Immigration Act 2009; or
      • any application or request for a visa or entry permission or expression of interest in a visa; or
      • making any request for variation, waiver, or cancellation of the conditions of a visa; or
      • making an appeal or application in the nature of an appeal to the Minister of Immigration or the Immigration and Protection Tribunal.

Effective 29/11/2010