E2.15 Who may not apply for a temporary permit

Immigration Act 1987 s 25(3)

Under section 25(3) of the Immigration Act 1987, no person who is in New Zealand unlawfully may apply for a temporary permit, and if they do so:

1. the Minister of Immigration or appropriate immigration officer is not obliged to consider an application from such a person; and
2. whether the application is considered or not, the Minister or immigration officer is not obliged to give reasons for any decision on it, other than that section 25(3) applies; and
3. section 23 of the Official Information Act 1982 (concerning the right of access to reasons for decisions) does not apply to this application.

E2.15.1 People who are in New Zealand unlawfully

Immigration Act 1987 s 25(3)

No person who is in New Zealand unlawfully may apply for a temporary permit, and if they attempt to do so:

1. the Minister of Immigration or appropriate immigration officer is not obliged to consider their application; and
2. whether the application is considered or not, the Minister or immigration officer is not obliged to give reasons for any decision on it, other than that section 25(3) applies; and
3. section 36 of the Immigration Act 1987 (concerning the reasons for refusing to grant a permit to be given in writing if requested) and section 23 of the Official Information Act 1982 (concerning the right of access to reasons for decisions) do not apply to this application.

E2.15.5 Holders of limited purpose permits

Immigration Act 1987 s 34D(2)(a)

Holders of limited purpose permits may not apply for a permit of a different type while in New Zealand, whether before or after their permit expires.

E2.15.10 Holders of temporary permits who have ceased to be refugee status claimants

Immigration Act 1987 s 129U(2)(a)

Holders of temporary permits who have ceased to be refugee status claimants because their claim to be recognised as a refugee has been declined may not apply for a further temporary permit, whether before or after their temporary permit expires.

E2.15.15 Holders of transit visas

Immigration Act 1987 s 14E(5)

A holder of a transit visa is not entitled to apply for any type of permit, and if such a person attempts to apply for a permit, their application may be refused.

E2.15.20 Holders of temporary permits granted for the purposes of the Mutual Assistance in Criminal Matters Act 1992

Immigration Act 1987 s 27A(2)

Temporary permits granted for the purposes of the Mutual Assistance in Criminal Matters Act 1992 may be subject to a condition that the holder of the permit has no right to apply for another temporary permit of any type.

E2.15.25 Holders of Recognised Seasonal Employer (RSE) work permits

Current holders of RSE work permits will not be granted any other type of temporary permit.

Effective 10/04/2007