D2.1 Requirement to hold permit to be in New Zealand, or to be exempt

Immigration Act 1987 ss 4, 11

1. No one other than a New Zealand citizen may be in New Zealand unless that person is:
   1. the holder of a current permit granted under the Immigration Act 1987; or
   2. exempt under a provision of the Immigration Act 1987 from having to old a permit.
2. Any person who is in New Zealand contrary to (a) above is considered to be in New Zealand unlawfully.

D2.1.1 Who is exempt from the requirement to hold a permit

Immigration Act 1987 ss 4A, 11, 12(1) and (2), 14E(4), 150

Immigration Regulations 1999 Schedule 1, Part 2

People exempt from having to hold a permit include but are not limited to:

1. citizens of the Commonwealth of Australia; and
2. those exempted by special direction under section 12(2); and
3. those entitled to immunity from jurisdiction under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971; and
4. members of the armed forces of any country, or crew members of any craft transporting such people to New Zealand, while in New Zealand:
   1. at the request or with consent of the Government of New Zealand, and
   2. in the ordinary course of the member's duty or employment; and
5. crew or passengers on any seagoing ship , from the time the ship arrives at a port of entry in New Zealand until whichever of the following occurs first:
   1. the ship is given clearance to leave its last port of entry in New Zealand on the same voyage, or
   2. 28 days have expired, beginning with the day the ship arrived at its first port of entry in New Zealand on that voyage; and
6. crew or passengers on any foreign fishing craft licensed or seeking to be licensed under section 15 of the Territorial Sea and Exclusive Economic Zone Act 1977 for a period of 7 days after the date:
   1. on which the licence expires if a licence has been granted, or
   2. of first arrival in New Zealand if a licence is refused; and
7. 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
8. a member of any scientific programme or expedition under the auspices of Operation Deep Freeze while in the Ross Dependency; and
9. crew or passengers on any ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry passengers or cargo for a period of 28 days from the date the ship first arrives in New Zealand; and
10. holders of transit visas who are in New Zealand for less than 24 hours and who during that time remain:
    • on the craft; or
    • in a Customs controlled area; or
    • in the custody of the Police; and
11. children 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).

D2.1.5 Status of people lodging an application for a permit

Immigration Act 1987 s 4(3)

Lodging an application for a permit does not:

1. make the applicant's presence in New Zealand lawful; or
2. give the applicant the right to remain in New Zealand while the application is being considered; or
3. give the applicant the right to apply for or be granted any other permit while the application is considered; or
4. protect the applicant from removal action.

Effective 01/01/2006