All non-New Zealander citizens applying for a visa to come to New Zealand must be of good character. People with criminal convictions or who have provided false or misleading information in a previous visa application will generally not be granted a visa unless a character waiver is granted.

Civil matters and unsubstantiated allegations are not sufficient to demonstrate that a person is not of good character. People applying for visas are required to declare whether or not they are under investigation by a law enforcement agency in any country or have a criminal record.

In the case of character waivers, each application is considered on its individual merits and taking into account, for example, the seriousness of an offence, number of offences and how long ago the event or events occurred.

A special direction (under section 17 of the Immigration Act 2009 (the Act)) allows exceptions to be given to an “excluded person” who is not eligible for a visa, entry permission, or a visa waiver under section 15 or 16 of the Act. Excluded persons include:

• A person who has been sentenced to a prison sentence for a term of 5 years or more at any time.
• A person who at any time within the preceding 10 years has been sentenced to a prison sentence of 12 months or more.
• A person who has been removed or deported from New Zealand and is subject to a period of prohibition.
• A person who is excluded from New Zealand under any enactment.
• A person who at any time has been removed, excluded, or deported from another country.
• Anyone who the Minister of Immigration has reason to believe is, or is likely to be, a threat or risk to security, public order or the public interest.
• Anyone who the Minister has reason to believe is likely to commit an offence in New Zealand punishable by imprisonment.
• Any person who is a member of a terrorist entity designated under the Terrorism Suppression Act 2002.

The decision on whether to grant a special direction can be made by the Minister of Immigration, the Associate Minister of Immigration or INZ staff member who has the appropriate delegations.

If a special direction is granted, applicants can be issued a visa to enter New Zealand.

Under the Immigration Act 2009, New Zealand citizens have a right to enter and be in New Zealand at any time — for information relating to citizenship contact the Department of Internal Affairs. New Zealand permanent residents may also travel to and enter New Zealand at any time.  

Character and identity