Visa holders are not allowed to stay in New Zealand after their visa expires. They are under an obligation to leave New Zealand and are liable for deportation under the Immigration Act 2009. A person who is unlawfully in New Zealand has no lawful ability to make an application for a further visa.

Section 61 of the Act provides the Minister of Immigration (delegated to the Associate Minister of Immigration and to senior immigration officers) with the power, in his or her absolute discretion, to grant a visa of any type to a person unlawfully in New Zealand and otherwise liable for deportation (unless they are subject to a deportation order).

If an unlawful person requests a visa under section 61, there is no obligation to consider the request or make any further inquiries.

INZ has established a dedicated team of senior immigration officers to deal with section 61 requests.

When a request is considered, the Act specifically states that the decision maker is not required to give reasons for the decision.  The person who made the request is also not able to access any recorded reasons under the Official Information Act or Privacy Act. However, brief reasons for decisions on individual cases are recorded by the deciding officer and are made available to the Ombudsman in the event of a complaint.

If you do not leave New Zealand before your visa expires