Y3.5 Applying for entry permission

1. Any person who is applying for entry permission must comply with passenger responsibilities on arrival as prescribed in Y2.1.
2. It is the responsibility of the person applying for entry permission to:
   1. ensure that all information, evidence, and submissions that they wish to have considered is provided when the application for entry permission is made; and
   2. inform the immigration officer of any relevant fact, including any material change in circumstances that has occurred between the grant of a visa and the application for entry permission on the basis of that visa, if that fact or change in circumstances may affect the decision on the application for entry permission.
3. For the purposes of Y3.5 "material change in circumstances" means a change that may relate to the person applying for entry permission or another person included in the application for entry permission, or may relate to any matter relevant to the Immigration Act 2009, immigration regulations or instructions.

Y3.5.1 Considering an application for entry permission

1. Immigration officers must consider the application for entry permission in accordance with:
   1. the requirements of the Immigration Act 2009 and immigration regulations; and
   2. the relevant Border Entry instructions; and
   3. any relevant special direction.
2. When considering the application for entry permission, the relevant Border Entry instructions are:
   1. If the applicant holds a residence class visa, the border entry instructions in force at the time the application for a visa was made.
   2. If the applicant holds a temporary entry class visas granted in accordance with restricted temporary entry instructions, the border entry instructions in force at the time the application for a visa was made.
   3. If the applicant holds a temporary entry class visa, the border entry instructions in force at the time the application for entry permission is made.
3. When considering an application for entry permission, an immigration officer is not obliged to seek any further information, evidence, or submissions. The officer may determine the application on the basis of information, evidence, and submissions:
   1. provided by the applicant; or
   2. held by Immigration New Zealand.
4. If the person applying for entry permission fails to meet the instructions, immigration officers may then consider all the circumstances to see if an exception to instructions to grant entry permission is justified.
5. Y3.5.1(d) does not apply to Y3.10(a) or Y4.1.

Note: If the holder of a resident visa granted under section 61A is travelling to New Zealand for the first time as the holder of that visa, the decision to grant entry permission must be made, and any discretion exercised, in terms of the residence instructions applicable at the time the person was granted the visa.

Effective 21/03/2022