A3.1 Who is exempt from having to hold a permit

Immigration Act 1987 ss 4A, 11(1), 12(1) and (2), 150
Immigration Regulations 1999 Schedule 1, Part 2

People exempt from having to hold a permit are:

1. those exempted by regulations (citizens of the Commonwealth of Australia are the only people exempted by this means); and
2. those exempted by special direction; and
3. those exempt under section 11 of the Immigration Act; and
4. those deemed to be exempt under section 4A of the Immigration Act.

A3.1.1 Who is exempt under Section 11

People exempt from having to hold a permit under Section 11 include (but are not limited to):

1. those entitled to immunity from jurisdiction under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971 (see A3.5); and
2. military personnel at Black Birch Astrometric Observatory; and
3. cruise ship passengers from the time the ship arrives at a Customs place in New Zealand until whichever of the following occurs first:
   1. the ship is given clearance to leave its last Customs place in New Zealand on the same voyage, or
   2. 28 days have expired, beginning with the day the ship arrived at its first Customs place in New Zealand on that voyage; and
4. aircraft crew on any commercial aircraft flying between any other country and New Zealand, for 7 days beginning with the day on which the aircraft arrived in New Zealand; and
5. a member of any scientific programme or expedition under the auspices of Operation Deep Freeze.

A3.1.5 Who is deemed to be exempt under Section 4A

A child born in New Zealand on or after 1 January 2006 to a parent who is exempt from having to hold a permit (see A17.5).

Effective 01/01/2006