Y5.1 Permits granted in error

Immigration Act 1987 ss 19, 32
Immigration Regulations 1999 reg 12

1. An immigration officer may revoke a temporary permit or residence permit if an administrative error in granting the permit is detected within the arrival hall at the Customs place, provided that the holder has not taken the permit out of the Customs place. Such a revocation will take effect immediately.
2. A temporary permit is granted as a result of administrative error if:
   1. it is granted to:
      • a New Zealand citizen; or
      • a person who is exempt from having to hold a permit; or
   2. it is granted to a person to whom section 7 of the Immigration Act 1987 applies; or
   3. the person granting it intended to grant a permit of some type other than the one that was actually granted; or
   4. it is granted contrary to:
      • any special direction; or
      • any instruction of a kind referred to in section 130(5) of the Immigration Act 1987; or
   5. it is granted contrary to Government policy, in terms of section 13A(1) of the Immigration Act 1987, applicable at the relevant time; or
   6. it is granted for a period longer than that prescribed for permits of that type by the Immigration Regulations 1999; or
   7. it is granted on the basis of an administrative error (of any of the types Y5.1(b)(i) to (vi) above) in determining an earlier application for a visa or permit.
3. A residence permit is granted as a result of administrative error if:
   1. it is granted to:
      • a New Zealand citizen; or
      • a person who is exempt from having to hold a permit; or
   2. it is granted to a person to whom section 7 of the Immigration Act 1987 applies; or
   3. the person granting it intended to grant a temporary permit of some type rather than the residence permit that was actually granted; or
   4. it is granted contrary to:
      • any special direction; or
      • any instruction of a kind referred to in section 130(5) of the Immigration Act 1987; or
      • the Government residence policy applicable at the relevant time; or
   5. it is granted on the basis of an administrative error (of any of the types Y5.1(c)(i) to (iv) above) in determining an earlier application for a visa or permit.
4. If a temporary permit or residence permit granted in error is revoked and the person is still within the arrival hall (see Y5.5.1 below) where the error was made and discovered, the provisions of sections 128 or, if appropriate, 128B will apply, as if the person's application for a permit had been refused, unless:
   1. some other permit is granted; or
   2. the person is a New Zealand citizen; or
   3. the person is exempt from having to hold a permit.
5. Customs staff designated as immigration officers may revoke a permit granted in error and grant a new permit in all cases unless they believe that the person does not meet the requirements for entry to New Zealand. In such cases the stamp must not be revoked but the matter must be referred to the duty immigration officer for investigation.
6. If after making inquiries, the duty immigration officer is satisfied that such a person does meet entry requirements, the officer should revoke the permit granted in error and grant the correct permit .
7. If an immigration officer is not satisfied that the person meets entry requirements, the officer may give the person a special direction under regulation 12 waiving the entry requirements and grant a permit if, after making enquiries and interviewing the person, the officer is satisfied that:
   1. there are compelling reasons why the person does not meet the entry requirements; and
   2. the person has a genuine reason for visiting New Zealand.
8. If appropriate, the officer should also consider enabling the person to meet entry requirements through purchasing tickets or arranging sponsorship.
9. If a person is to be refused entry the permit must be revoked on the basis that it was issued in contravention of immigration policy.

Y5.1.1 Definition of 'arrival hall'

Immigration Act 1987 s 2

'Arrival hall' means a place licensed under the Customs and Excise Act 1996 for the processing of persons arriving in New Zealand.

Effective 01/10/1999