A22.10 Collection of biometric information

See also Immigration Act 2009 ss 60, 111, 120, 149(1)(e), 287, 288

1. An immigration officer may require a person who applies for entry permission (irrespective of whether the application is still being considered, or whether entry permission has been granted or refused) to provide biometric information:
   1. at any time before the person leaves the immigration control area, designated place, or prescribed place at which the application is made; and
   2. if the application is not made in New Zealand, at any time before the person leaves the immigration control area or prescribed place at which he or she arrives in New Zealand.
2. The following persons must allow biometric information to be collected from him or her:
   1. A person applying for a visa.
   2. A person applying for entry permission.
   3. A person leaving New Zealand who is not a New Zealand citizen.
   4. A refugee or protection status claimant or a person whose recognition as a refugee or protected person is being investigated (note that this may only be required by a refugee and protection officer or by an agent or person on behalf of a refugee and protection officer).
   5. A person subject to section 288 of the Act (see A22.15).
   6. A person liable for deportation or turnaround, where biometrics are required to meet the transit or entry requirements of any country to which or through which the person is to travel.
3. If a person applying for a visa or entry permission fails to allow the biometric information to be collected, the Minister or an immigration officer may:
   1. refuse to grant the visa or entry permission applied for; or
   2. revoke any entry permission already granted.

      Note: Entry permission may be revoked at any time before the person leaves the immigration control area, designated place, or prescribed place.

4. Biometric information in the form of a photograph of all or part of a person’s head and shoulders will normally be required from all visa applicants, applicants for entry permission, non-New Zealand citizens who are leaving New Zealand, and persons covered by (e) below.
5. Biometric information will normally only be required from the following persons:
   1. A person subject to section 288 of the Act (see A22.15).
   2. A person applying for a residence class visa for resettlement in New Zealand under the UNHCR Refugee Quota.
   3. A refugee or protection status claimant or person whose recognition as a refugee or protected person is being investigated.
   4. A person applying for entry permission at the border, who is being formally interviewed by an immigration officer.
   5. A person liable for deportation or turnaround, where one or more fingerprints are required to meet the transit or entry requirements of any country to which or through which the person is to travel (for example to ‘sign’ a travel document).
6. Notwithstanding (d) and (e) above, an immigration officer may request biometric information in any case where authorised by the Act or regulations.

Note:
~ Fingerprints will not normally be required from persons under 14 years of age.
~ The powers under section 288 of the Act are not currently authorised to immigration officers and are not to be exercised by any officer until further notice.

Effective 28/08/2017