Y3.25 People unable to meet the requirements for a visa or entry permission (29/11/2010)

See also Immigration Act 2009 s 103

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 24

1. All passengers on craft arriving in New Zealand are required to complete an arrival card and present it, together with a current passport or certificate of identity and, if appropriate, the passenger's visa, at an immigration control area. Presenting the completed arrival card constitutes making an application for entry permission and a visa (where a visa waiver applies) in the prescribed manner.
2. A passenger does not need to apply for a visa or entry permission if they are:
   1. a New Zealand citizen who holds and produces a New Zealand passport; or
   2. a transit passenger within the meaning of section 86(7) of the Immigration Act 2009.
3. A New Zealand citizen who is a national of 1 or more other countries and who wishes to enter New Zealand other than as a New Zealander must apply for entry permission.
4. Before determining whether a visa or entry permission should be granted, an immigration officer may require travel tickets or evidence of onward travel arrangements and evidence of maintenance funds or of sponsorship to be produced.
5. People who do not meet the requirements for a visa or entry permission will be referred to an immigration officer who may refuse entry. Such people include, but are not limited to:
   1. people with expired travel documents or no travel documents; and
   2. people with no visa, an inappropriate visa or an expired visa; and
   3. people with insufficient funds and no sponsorship; and
   4. people with no outward ticket; and
   5. people previously refused entry to New Zealand; and
   6. people who do not meet the bona fide applicant requirements; and
   7. people who fail to apply for a visa or entry permission.

Y3.25.1 People arriving without current passports or other acceptable travel documents

See also Immigration Act s 103

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 34

A person who arrives without a current passport or other acceptable travel document may have their requirement to produce a passport on arrival waived if an appropriately delegated immigration officer gives a special direction to that effect under regulation 34 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 to give the person a waiver.

A special direction may only be given if, after interviewing the person, an immigration officer is satisfied that:

1. there are compelling reasons why the person is travelling without a current passport or other acceptable travel document; and
2. they have a genuine reason for visiting New Zealand; and
3. there is no other impediment to the grant of a visa and entry permission.

   Note: passport waivers are most frequently granted to New Zealand citizens who have no passport or whose passports are no longer current and who need to return home in emergencies.

Y3.25.5 People arriving without the required visa

See also Immigration Act 2009 s 103

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 34

A person who arrives without a required visa may have their requirement for the visa waived and be granted a visa and entry permission if an appropriately delegated immigration officer gives a special direction to that effect under regulation 34 of the (Visa, Entry Permission, and Related Matters) Regulations 2010.

A special direction may only be given if, after interviewing the person, an immigration officer is satisfied that:

1. there are compelling reasons why the person is travelling without first having obtained a visa; and
2. they have a genuine reason for travelling to New Zealand; and
3. there is no other impediment to the grant of a visa and entry permission.

Y3.25.10 People who do not meet entry requirements

See also See also Immigration Act 2009 s 103

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 34

1. A person who arrives without the necessary documents to meet entry requirements, such as an outward ticket or sufficient funds for maintenance while in New Zealand, may have these requirements waived and be granted a visa and entry permission if an appropriately delegated officer gives a special direction to that effect under regulation 34 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010.
2. A special direction may only be given if after interviewing the person an immigration officer is satisfied that:
   1. there are compelling reasons why the person does not meet the entry requirements; and
   2. they have a genuine reason for visiting New Zealand; and
   3. there is no other impediment to the grant of entry permission or a visa.
3. The officer should also consider enabling the person to meet entry requirements through purchasing tickets or arranging sponsorship.

Y3.25.15 People who do not meet the bona fide applicant requirements

1. If an immigration officer is not satisfied that a person who applies for a visa (where a visa waiver applies) and entry permission by tendering an arrival card is a bona fide applicant, then they may refuse a visa and entry permission and have the person placed on the first available craft (see Y3.70).
2. If an officer refuses a visa or entry permission, although not required to provide reasons unless asked by the applicant under section 27 of the Immigration Act 2009, best practice requires that the officer records full reasons for the refusal against the person's Immigration New Zealand record and gives written advice of the refusal to a representative of the carrier on which the person arrived in New Zealand and, if requested, to the person refused entry permission or a visa.

Effective 29/11/2010