Y3.20 Persons to whom sections 15 or 16 apply but who are not refused entry (29/11/2010)

See also Immigration Act 2009 ss 15, 16, 17, 83, 108

1. If, after interviewing a person suspected of being subject to sections 15 or 16 of the Immigration Act 2009, an immigration officer determines that sections 15 or 16 applies but there are compelling reasons to grant a visa, an appropriately delegated immigration officer may give a special direction to grant a visa, 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.
2. An exception may also be made 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.
   3. an exception may also be made 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.

Note: Despite sections 15 and 16 of the Immigration Act 2009, entry permission must be granted under section 108 of the Immigration Act 2009 to:

i. the holder of a permanent resident visa; and
ii. the holder of a resident visa granted in New Zealand; and
iii. the holder of a resident visa arriving in New Zealand for a second or subsequent time as the holder of the visa.

Effective 29/11/2010