Y4.1 People who must be refused entry permission unless special direction given: excluded persons subject to section 15 or 16 of the Immigration Act 2009

See also Immigration Act 2009 ss 15, 16, 17, 83, and 380

1. Under section 15 and 16, entry permission must be refused to any person, except a person listed in Y3.10(a), who:
   1. at any time, has been convicted and sentenced to imprisonment for a term of five years or more, or sentenced to an indeterminate period capable of running for five years or more; or
   2. at any time in the preceding 10 years, has been convicted and sentenced to imprisonment for a term of 12 months or more, or sentenced to an indeterminate period capable of running for 12 months or more; or
   3. is subject to a current removal order imposed under the Immigration Act 1987; or
   4. is subject to a prohibition on entry imposed under section 179 of the Immigration Act 2009 or if section 180 of that Act applies; or
   5. at any time has been removed or deported from New Zealand under any enactment (subject to certain exclusions under section 15(3) of the Immigration Act 2009); or
   6. is excluded from New Zealand under any enactment; or
   7. has been removed, excluded or deported from any country other than New Zealand; or
   8. the Minister, or an appropriately delegated immigration officer, has reason to believe:
      • is likely to commit an offence in New Zealand that is punishable by imprisonment; or
      • is, or is likely to be, a threat or risk to security; or
      • is, or is likely to be, a threat or risk to public order; or
      • is, or is likely to be, a threat or risk to the public interest; or
      • is a member of a terrorist entity designated under the Terrorism Suppression Act 2002.
2. Any person, described in section 15 or 16 of the Immigration Act 2009, except those listed in Y3.10(a), may be granted entry permission if an appropriately delegated immigration officer gives a special direction to grant a visa and entry permission, under section 17(1)(a) of the Immigration Act 2009. If a special direction is given, the visa granted should be of a type and duration appropriate to the reasons for the special direction.
3. Entry permission may also be granted and a limited visa granted to a person if:
   1. a certificate has been issued in respect of the person under specific sections of the Mutual Assistance in Criminal Matters Act 1992; and
   2. the limited visa is for the sole purpose of enabling the person to be in New Zealand for the purpose of giving or providing evidence or assistance pursuant to a request under that Act or to be transported through New Zealand under that Act.
4. Entry permission may also be granted and a limited visa granted to a person for the sole purpose of enabling the person to return to New Zealand to face a charge in New Zealand or to serve a sentence imposed on the person in New Zealand.

Effective 02/02/2015