(1) A person who is not a New Zealand citizen may be in New Zealand only if that person is—

• (a) the holder of a permit granted under this Act; or

• (b) exempt under this Act from the requirement to hold a permit.

(2) Any person who is in New Zealand in contravention of subsection (1) of this section is deemed for the purposes of this Act to be in New Zealand unlawfully.

(3) The fact that an application for a permit has been made by or for any person does not—

• (a) render the person's presence in New Zealand lawful; or

• (b) give the person a right to remain in New Zealand while the application is considered; or

• (c) give the person a right to apply for or be granted any other permit pending determination of the application; or

• (d) inhibit removal procedures under this Act.

(1) This section applies to a person who—

• (a) is born in New Zealand on or after 1 January 2006; and

• (b) is not a New Zealand citizen.

(2) Such a person is deemed, from the time of birth, to initially have the same immigration status as the most favourable immigration status of either of the person's parents at that time, as determined under subsection (4).

(3) Where a person is deemed to initially have the immigration status of a parent,—

• (a) this Act applies to that person in the same way as if the person's immigration status had arisen under any relevant provision of this Act other than this section; and

• (b) that status continues until either—

  • (i) the person leaves New Zealand; or

  • (ii) the person is accorded a different status under, or by the operation of, this Act.

(4) For the purposes of subsection (2), the person's immigration status is to be determined as follows:

• (a) where both parents are recorded on the person's original birth record, whichever of the following is applicable and attaches first in the following order:

  • (i) where both parents were at the time of the birth exempt from the requirement to hold a permit, the person is deemed to be exempt from the requirement to hold a permit on the same basis as, and for the duration of the unexpired period of, the parent with the exemption having the longest unexpired period:

  • (ii) where 1 parent only was exempt from the requirement to hold a permit, the person is deemed to be exempt from the requirement to hold a permit on the same basis as, and for the duration of the unexpired period of, that parent's exemption:

  • (iii) where both parents held any type of temporary permit, the person is deemed to hold a visitor's permit of the duration of the unexpired period of the permit of the parent whose temporary permit has the longest unexpired period:

  • (iv) where 1 parent only held any type of temporary permit, the person is deemed to hold a visitor's permit of the duration of the unexpired period of that parent's temporary permit:

  • (v) where both parents held limited purpose permits, the person is deemed to hold a limited purpose permit of the duration of the unexpired period of the permit of the parent whose limited purpose permit has the longest unexpired period:

  • (vi) where 1 parent only held a limited purpose permit, the person is deemed to hold a limited purpose permit of the duration of the unexpired period of that parent's limited purpose permit:

  • (vii) where both parents were unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent whose unlawful status is of the shortest duration:

• (b) where 1 parent only is recorded on the person's original birth record, whichever of the following is applicable:

  • (i) where the parent was at the time of the birth exempt from the requirement to hold a permit, the person is deemed to be exempt from the requirement to hold a permit on the same basis as, and for the duration of the unexpired portion of, the parent's exemption:

  • (ii) where the parent held a temporary permit, the person is deemed to hold a visitor's permit of the duration of the unexpired period of the parent's temporary permit:

  • (iii) where the parent held a limited purpose permit, the person is deemed to hold a limited purpose permit of the duration of the unexpired period of the parent's limited purpose permit:

  • (iv) where the parent was unlawfully in New Zealand, the person is deemed to be unlawfully in New Zealand and to have unlawful status on the same basis and for the same duration as the parent's unlawful status.

(1) A person who is not a New Zealand citizen may undertake employment in New Zealand only if that person is—

• (a) the holder of a residence permit; or

• (b) the holder of a work permit; or

• (c) the holder of any other type of temporary permit whose conditions have been varied in accordance with this Act to authorise the holder to undertake employment in New Zealand or within the exclusive economic zone of New Zealand; or

• (ca) the holder of a limited purpose permit granted for purposes of employment; or

• (d) exempt under this Act from the requirement to hold a permit.

(2) For the purposes of this section and of sections 39 and 44(5)(a) of this Act, a person is deemed to be undertaking employment in New Zealand at any time while that person is employed—

• (a) on or in relation to any artificial island, installation, or structure anywhere within the territorial sea of New Zealand; or

• (b) on or in relation to any artificial island, installation, or structure anywhere within the exclusive economic zone of New Zealand or on or above the continental shelf of New Zealand, being an artificial island, installation, or structure—

  • (i) described in section 7 of the Continental Shelf Act 1960; or

  • (ii) to which any regulations made under section 27(c) of the Territorial Sea and Exclusive Economic Zone Act 1977 apply; or

• (c) on board any craft that is registered in New Zealand under any Act and is engaged in activities anywhere within the territorial sea of New Zealand or the exclusive economic zone of New Zealand or on or above the continental shelf of New Zealand.

(1) A person who is not a New Zealand citizen may undertake a course of study or training in New Zealand only if that person is—

• (a) the holder of a residence permit; or

• (b) the holder of a student permit; or

• (c) the holder of any other type of temporary permit whose conditions have been varied in accordance with this Act to authorise the holder to undertake a course of study or training in New Zealand; or

• (ca) the holder of a limited purpose permit granted for purposes of study or training; or

• (d) exempt under this Act from the requirement to hold a permit; or

• (e) [Repealed]

(2) [Repealed]

(1) Subject to subsection (3) of this section, no exemption shall apply, and no permit shall be granted, to any person—

• (a) who, at any time (whether before or after the commencement of this Act), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more; or

• (b) who, at any time within the preceding 10 years (whether before or after the commencement of this Act), has been convicted of any offence for which that person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or

• (c) against whom a removal order is in force; or

• (d) who has been deported—

  • (i) from New Zealand, at any time, under this Act; or

  • (ii) [Repealed]

  • (iii) from New Zealand at any time, pursuant to an order for deportation made under section 22 of the Immigration Act 1964; or

  • (iv) from New Zealand, at any time (whether before or after the commencement of this Act), pursuant to any other enactment, except section 158 of the Shipping and Seamen Act 1952 (as repealed by section 151(1) of this Act); or

  • (v) from any other country, at any time (whether before or after the commencement of this Act);or

• (e) who the Minister has reason to believe—

  • (i) has engaged in, or claimed responsibility for, an act of terrorism in New Zealand; or

  • (ii) is a member of or adheres to any organisation or group of people that has engaged in, or has claimed responsibility for, an act of terrorism in New Zealand; or

• (f) who the Minister has reason to believe—

  • (i) has engaged in, or claimed responsibility for, an act of terrorism outside New Zealand; or

  • (ii) is a member of or adheres to any organisation or group of people that has engaged in, or has claimed responsibility for, an act of terrorism outside New Zealand—

  and whose presence in New Zealand would, for that reason or for any other reason, constitute, in the opinion of the Minister, a threat to public safety; or

• (g) who the Minister has reason to believe is likely—

  • (i) to engage in, or facilitate the commission of, any act of terrorism; or

  • (ii) to commit an offence against the Crimes Act 1961 or the Misuse of Drugs Act 1975; or

• (h) who the Minister has reason to believe, in light of any international circumstances, is likely to constitute a danger to the security or public order of New Zealand; or

• (i) who the Minister has reason to believe is a member of or adheres to any organisation or group of people which has criminal objectives or which has engaged in criminal activities, and whose presence in New Zealand would, for that reason or any other reason, constitute, in the opinion of the Minister, a threat to the public interest or public order.

(2) Paragraphs (a) and (b) of subsection (1) of this section apply—

• (a) whether the sentence is of immediate effect or is deferred or is suspended in whole or in part:

• (b) where a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the offender had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences:

• (c) where a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.

(3) Notwithstanding subsection (1) of this section,—

• (a) a permit may be granted to any person—

  • (i) who is entitled to a permit under section 18 of this Act; or

  • (ii) in accordance with a special direction; or

  • (iia) if it is granted for the sole purpose of enabling that person—

    • (A) to be in New Zealand for the purposes of giving or providing evidence or assistance pursuant to a request made pursuant to section 12 of the Mutual Assistance in Criminal Matters Act 1992; or

    • (B) to be transported through New Zealand pursuant to section 42 of that Act; or

  • (iii) if it is granted for the sole purpose of enabling that person to return to New Zealand to face any charge in New Zealand or to serve any sentence imposed on that person in New Zealand; and

• (b) any exemption under section 11(1)(a) of this Act and any exemption granted in accordance with a special direction shall apply notwithstanding that the person is a person to whom subsection (1) of this section applies.

(4) Nothing in subsection (3) of this section gives any person a right to apply for any type of permit or for a special direction, and where any person purports to apply for a permit or a special direction under this section—

• (a) the Minister or appropriate immigration officer is under no obligation to consider the application; and

• (b) whether the application is considered or not,—

  • (i) the Minister or officer is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and

  • (ii) section 36 of this Act and section 23 of the Official Information Act 1982 shall not apply in respect of the application.

(1) Except as provided in sections 18 and 18E and 52 of this Act,—

• (a) no person is entitled to a residence permit as of right; and

• (b) any question whether or not—

  • (i) to grant a residence permit to any person; or

  • (ii) to impose any requirement on the holder of a residence permit in accordance with section 18A of this Act,—

  is a matter for the discretion of the Minister or, subject to any special direction given under this Act and to section 13C of this Act, of the appropriate immigration officer.

(2) Subject to section 18C of this Act, no appeal shall lie against the decision of the Minister or immigration officer on any such question, whether to any Court or to the Tribunal or to the Minister or otherwise.

(3) Nothing in subsection (2) of this section limits or affects the right of any person to bring review proceedings.

(1) Except as provided in section 23(2) or section 52 or section 127(1) of this Act,—

• (a) no person is entitled as of right to a temporary permit; and

• (b) any question whether or not—

  • (i) to grant a temporary permit to any person and (if so) for what period; or

  • (ii) to impose any condition on a temporary permit (other than a condition imposed by section 27(1) of this Act); or

  • (iii) to vary or cancel any condition of a temporary permit; or

  • (iv) to revoke any temporary permit—

  is a matter for the discretion of the Minister or, subject to any special direction given under this Act, the appropriate immigration officer.

(2) No appeal shall lie against the decision of the Minister or immigration officer on any such question, whether to any Court or to the Tribunal or to the Minister or otherwise.

(3) Nothing in subsection (2) of this section limits or affects the right of any person to bring review proceedings.

(1) No person is entitled as of right to a limited purpose permit, and any question whether or not—

• (a) to grant a limited purpose permit to any person and (if so) for what purpose and for what period; or

• (b) to impose any condition on a limited purpose permit (other than a condition imposed by section 27(1)); or

• (c) to vary or cancel any condition of a limited purpose permit; or

• (d) to revoke any limited purpose permit—

is a matter for the discretion of the Minister or the appropriate immigration officer, subject to any special direction given under this Act.

(2) No appeal lies against the decision of the Minister or immigration officer on any such question, whether to any court or to the Tribunal or to the Minister or otherwise.

(3) Nothing in subsection (2) limits or affects the right of any person to bring review proceedings.

(1) Except as provided in section 14C(2) of this Act,—

• (a) no person is entitled to a visa as of right; and

• (b) the question whether or not to issue a visa to any person is a matter for—

  • (i) the discretion of the Minister; or

  • (ii) subject to any special direction given under this Act, and also to sections 13C and 18E(1) of this Act in the case of a residence visa and section 14DA(2) in the case of a limited purpose visa, the discretion of the appropriate visa officer.

(2) Subject to section 18C of this Act, no appeal shall lie against the decision of the Minister or visa officer on any such question, whether to any Court or to the Tribunal or to the Minister or otherwise.

(3) No review proceedings may be brought in any court in respect of—

• (a) any refusal or failure to issue a visa, except a refusal or failure to issue a returning resident's visa on application made under section 14C(1); or

• (b) any decision by the Residence Review Board in relation to a refusal or failure to issue a visa.

(1) No person is entitled as of right to an invitation to apply for residence.

(2) The question whether or not to issue such an invitation, or to revoke such an invitation once issued, is a matter for the discretion of the Minister or, subject to any special direction given under this Act, the appropriate visa officer or immigration officer.

(3) No appeal lies against the decision of the Minister or visa officer or immigration officer on any such question, whether to any court or to the Board or to the Minister or otherwise.

(4) No review proceedings may be brought in respect of any refusal or failure of the Minister or a visa officer or an immigration officer to issue an invitation to apply for residence or to revoke such an invitation once issued.

(5) A decision by the Minister or a visa officer or an immigration officer to refuse to issue an invitation to a person to apply for residence, or to revoke an invitation once issued, is not to be treated as a refusal to grant an application for a residence visa or a residence permit for the purposes of section 18C (which relates to appeals to the Residence Review Board).

(6) To avoid doubt, the discretion referred to in subsection (2) includes—

• (a) use by the Minister or visa officer or immigration officer of an automated electronic system that applies criteria predetermined by Government residence policy; and

• (b) adoption of any result of that process for issuing or in determining whether or not to issue an invitation to apply for residence.

(1) The following persons are exempt from the requirement to hold a permit:

• (a) a person who is for the time being entitled to any immunity from jurisdiction by or under the Diplomatic Privileges and Immunities Act 1968, other than a person referred to in section 10D(2)(d) of that Act, or the Consular Privileges and Immunities Act 1971:

• (b) a member of a visiting force, a member of its civilian component, or a dependant, or a member of the crew of any craft used to transport them to New Zealand, while—

  • (i) members of that force are in New Zealand at the request or with the consent of the Government of New Zealand; and

  • (ii) that member's presence in New Zealand is in the ordinary course of that member's duty or employment, or that person is in New Zealand as a member of the civilian component or as a dependant of that force:.

• (c) a member of the crew of, or a passenger on, any seagoing craft carrying passengers or cargo or both in the ordinary course of the business of the craft and plying between any foreign place and New Zealand, from the time when the craft arrives at a Customs place in New Zealand until—

  • (i) the time when it is given clearance to leave its last Customs place in New Zealand on the same voyage; or

  • (ii) the expiry of the period of 28 days commencing with the day on which it arrives at its first Customs place in New Zealand on that voyage,—

  whichever first occurs:

• (d) a member of the crew of, or a passenger on, any foreign fishing craft licensed, or sought to be licensed, under section 15 of the Territorial Sea and Exclusive Economic Zone Act 1977, from the time when the craft first arrives at a Customs place in New Zealand during the currency of, or for the purpose of obtaining, any such licence until,—

  • (i) where the licence is or has been granted, the expiration of 7 days after the date on which the licence expires:

  • (ii) where a licence is refused or is not granted, the expiration of 7 days after the date on which the craft first arrived at the Customs place:

• (e) a member of the crew of any commercial aircraft flying between any foreign place and New Zealand, for the period of 7 days commencing with the day on which the aircraft arrives in New Zealand:

• (f) a member of, or a person associated with, any scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty within the meaning of the Antarctica Act 1960, or a person to whom section 5 of that Act applies, while that member or person is in the Ross Dependency.

• (g) a member of the crew of, or any passenger on, any ship in respect of which the Minister of Transport has, pursuant to section 198(2) of the Maritime Transport Act 1994, authorised the carrying of cargo or passengers, for the period of 28 days commencing with the day on which the ship arrives at its first Customs place in New Zealand.

(2) Subsection (1)(c) of this section does not apply to any person on board any craft that comes to New Zealand for the purposes of fishing or research within the exclusive economic zone of New Zealand, or that plies between New Zealand and any offshore installation within that zone.

(3) Notwithstanding any other provision of this Act, no person who is for the time being exempt by virtue of subsection (1)(a) of this section is liable under this Act to deportation from New Zealand in any circumstances.

(4) Terms used in subsection (1)(b) and defined in section 4 of the Visiting Forces Act 2004 have the same meanings as in that section.

(1) Subject to section 7 of this Act, any regulations made under section 150 of this Act may exempt any class of person from the requirement to hold a permit.

(2) The Minister may from time to time, by special direction, exempt any person (including a person to whom any of the provisions of section 7 of this Act applies) from the requirement to hold a permit.

(3) The Minister may from time to time, by special direction, direct that any regulations made pursuant to subsection (1) of this section shall not apply to a particular person.

(4) Nothing in this section gives any person a right to apply for any exemption or special direction, and where any person purports to apply to the Minister under this section,—

• (a) the Minister is under no obligation to consider the application; and

• (b) whether the Minister considers the application or not,—

  • (i) the Minister is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and

  • (ii) section 36 of this Act and section 23 of the Official Information Act 1982 shall not apply in respect of the application.

(1) Where any person who is exempt under this Act from the requirement to hold a permit ceases while in New Zealand to be so exempt, that person shall thereupon be deemed for the purposes of this Act to be in New Zealand unlawfully, unless a permit is granted to that person on an application made under subsection (2) of this section.

(2) Any person who is exempt under this Act from the requirement to hold a permit may, in anticipation of ceasing while in New Zealand to be so exempt, apply in the prescribed manner for a permit.

(3) If a permit is granted on an application under this section, it shall come into force on the day on which the applicant for the permit ceases to be exempt under this Act from the requirement to hold a permit.

(1) The Minister shall from time to time publish the policy of the Government relating to the rules and criteria under which eligibility for the issue or grant of visas and permits is to be determined.

(2) Publication for the purposes of this section shall include, but is not restricted to, the insertion of that policy in the departmental manual of immigration instructions and the making available of that manual to the public, and the Minister shall ensure that copies of the manual are available or readily obtainable for inspection, free of charge, at—

• (a) offices of the Department of Labour; and

• (b) New Zealand government offices overseas—

that deal with immigration matters.

(3) Nothing in subsection (2) of this section requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982, were a request to be made for the information under that Act.

(1) For the purposes of this Act, the term Government residence policy means policy of the Government in relation to residence visas and residence permits that—

• (a) is of a kind referred to in subsection (3) of this section; and

• (b) has been reduced to writing and certified by the Minister as Government residence policy in that written form,—

and any such policy shall take effect from such date as may be specified in that behalf in the certified policy (which date may not be earlier than the date on which the Minister certifies the policy).

(1A) To avoid doubt, any policy of the Government that relates to the issuing of any type of temporary visa or limited purpose visa or the granting of any type of temporary permit or limited purpose permit is not Government residence policy, regardless of whether the issuing of the visa or the granting of the permit may affect eligibility for or otherwise relate to the issuing of a residence visa or the granting of a residence permit.

(2) Where the Minister has certified any policy as Government residence policy, that policy shall be inserted forthwith in the departmental manual of immigration instructions, whether by way of amendment to the existing manual or by way of separate circular.

(3) The kinds of policy that may constitute Government residence policy for the purposes of this Act are as follows:

• (a) any general or specific objectives of Government residence policy:

• (b) any rules or criteria for determining the eligibility of a person for the issue of a residence visa or the grant of a residence permit, being rules or criteria relating to the circumstances of that person:

• (ba) any indicators, attributes, or other relevant information or matters that may or must be taken into account in assessing a person's eligibility:

• (c) any statement of, or rules or criteria for determining, the number or categories or ranking of persons or classes of persons whose applications for residence visas or residence permits may be granted at any particular time or over any particular period:

• (d) any matters relevant to balancing individual eligibility against the overall objectives or requirements of Government residence policy:

• (e) any requirements relating to documentation or other evidence or information required to assess a person's eligibility:

• (f) any statement of the requirements or types of requirements that may be imposed under section 18A(2) of this Act upon a person to whom a residence permit is granted, and the circumstances in which or classes of persons upon whom such requirements may be imposed.

(3A) Any rules or criteria under subsection (3)(b) may, in respect of any 1 or more specified classes or categories of person who wish to apply for a residence visa or a residence permit,—

• (a) include a requirement that persons of that class or category may so apply only if invited to do so by the Minister or a visa officer or an immigration officer:

• (b) set or indicate rules, criteria, or other relevant matters of the kinds specified in subsection (3)(a) to (e) that will or may apply for the purpose of determining whether or not an invitation to apply for residence should be issued to any such person:

• (c) stipulate any period for which an expression of interest will remain current:

• (d) stipulate any time frame (or any method for determining the time frame) within which the relevant application must be made following the issue of an invitation to apply for residence.

(4) Any requirements referred to in subsection (3)(f) of this section—

• (a) shall be only such requirements as may be appropriate to ensure that the aims of Government residence policy are not prejudiced or nullified by subsequent actions or omissions of residence permit holders; and

• (b) shall specify the maximum period for which they may be imposed, which maximum period shall in no case exceed 5 years.

(5) For the purposes of this Act, no person who is a person to whom section 7(1) of this Act applies shall be treated as entitled to or eligible for the issue or grant of a residence visa or residence permit in terms of Government residence policy.

(1) The order and manner of processing any application for a visa or permit is a matter for the discretion of a visa officer or immigration officer.

(2) The chief executive may, from time to time, give general instructions to visa officers and immigration officers as to the order and manner of processing any application for a visa or permit.

(3) In giving any such general instructions, the chief executive may have regard to such matters as the chief executive thinks fit.

(4) Unless otherwise expressed by the chief executive, any general instructions as to the order and manner of processing applications, as given by the chief executive from time to time under this section, may apply to any or all applications for visas or permits regardless of the fact that—

• (a) the general instructions may be different from those existing at the time that the applications were made; or

• (b) the general instructions may result in applications being processed in a different order or manner than would, otherwise have occurred; or

• (c) any application may have been made before the commencement of the Immigration Amendment Act 2003.

(5) The general instructions, as given by the chief executive from time to time, are matters of departmental rules and practice, and do not form part of Government immigration policy under section 13A or Government residence policy under section 13B.

(6) Nothing in this Act, or in any other law or enactment, requires a visa officer or an immigration officer to process an application for a visa or permit in any particular order or manner, whether or not consistent with any general instructions given by the chief executive from time to time.

(7) The question whether or not an application is processed in an order and manner consistent with any general instructions given by the chief executive from time to time is a matter for the discretion of a visa officer or immigration officer, and

• (a) no appeal lies against the decision of the officer concerned, whether to an Authority, the Board, the Tribunal, the Minister, any court, or otherwise; and

• (b) no review proceedings may be brought in any court in respect of—

  • (i) any general instructions as to the order and manner of processing applications as given by the chief executive from time to time; or

  • (ii) the application of any such general instructions; or

  • (iii) any failure by the Minister or a visa officer or immigration officer to process or to continue to process an application for a visa or a permit; or

  • (iv) any decision by the Minister or a visa officer or immigration officer to process (including a decision to continue to process), or any decision not to process (including a decision not to continue to process), an application for a visa or permit.

(1) The Minister must, from time to time, publish in accordance with section 13A(2) the policy of the Government (if any) in relation to rules or criteria for the lapsing of applications in respect of which no decision to issue a visa or grant a permit has been made, or is likely to be made,—

• (a) within any stipulated period or by any stipulated date; or

• (b) by the date on which any relevant quota or limit set under Government immigration policy or Government residence policy for any particular period is reached; or

• (c) by any other date on which some other specified event occurs or, as the case may be, has not occurred.

(2) Rules and criteria published under this section—

• (a) may differ for different classes or categories of applications:

• (b) may specify any stage of processing of an application that must be reached within any stipulated period or by any stipulated date if the application is not to lapse.

(3) The question whether or not an application meets any rules or criteria for lapsing published under this section is a matter for the discretion of an immigration officer or a visa officer, and—

• (a) no appeal lies against the decision of the officer concerned, or the lapsing of the application, whether to the Board, an Authority, the Tribunal, the Minister, any court, or otherwise; and

• (b) no review proceedings may be brought in any court in respect of—

  • (i) the lapsing of an application for a visa under rules or criteria published under this section; or

  • (ii) the lapsing of an expression of interest in obtaining an invitation to apply for residence.

(4) Any decision to lapse an application for a residence visa or a residence permit must be made in accordance with the rules and criteria applicable at the time the application was made.

(5) The effect of lapsing an application is that no further processing or decision in respect of that application is required.

(6) Where any application is lapsed in accordance with rules and criteria published under this section, the chief executive must refund any application fee paid in respect of the application to the person who paid it, or a person authorised by that person to receive it.

(7) Nothing in this Act or in any other law or enactment entitles a person whose application has lapsed to recover from the Minister or the Department or any visa officer or immigration officer any costs associated with the application, other than the application fee refundable under subsection (6).

(8) Subsection (4) overrides section 13C.

(9) In this section (except subsection (6)), application includes an expression of interest under section 13D in obtaining an invitation to apply for residence.

(1) Where a visa officer or an immigration officer or, subject to subsection (2) of this section, the Minister makes any decision in relation to an application for a residence visa or a residence permit under this Act, that decision shall be made in terms of the Government residence policy that was applicable at the time the application was made and any discretion exercised shall be in terms of that policy.

(2) Nothing in subsection (1) of this section prevents the Minister from making any decision to issue a residence visa or grant a residence permit as an exception to Government residence policy in any particular case.

(1) A person who, by virtue of rules or criteria set under section 13B(3A), is of a class or category of person that may apply for a residence visa or residence permit only if invited to do so by the Minister or a visa officer or an immigration officer may notify his or her interest in obtaining such an invitation in the prescribed manner.

(2) It is the responsibility of the person submitting an expression of interest to ensure that all information, evidence, and submissions that the person wishes to have considered in support of the expression of interest are provided when the expression of interest is submitted, and the Minister or visa officer or immigration officer considering the expression of interest—

• (a) is not obliged to seek any further information, evidence, or submissions; and

• (b) may determine whether or not to issue an invitation to apply for residence on the basis of the information, evidence, and submissions provided.

(3) Nothing in subsection (2) prevents the Minister or visa officer or immigration officer from taking into account any information, evidence, or submissions provided by the person at any time before the decision whether to issue the invitation is made.

(1) An invitation to apply for residence is a statement by or on behalf of the Minister or a visa officer or an immigration officer, whether made electronically or in writing, that the person to whom it is made is authorised to make an application for a residence visa or a residence permit (whichever is appropriate).

(2) No person may apply for a residence visa or residence permit without such an invitation if the person is of a class or category of person that, by virtue of rules or criteria set under section 13B(3A), may apply for such a visa or permit only if invited to apply for residence.

(3) If such an invitation is required by Government residence policy for the person to be able to apply for the residence visa or residence permit, the statement of the invitation is sufficient authority for the making of the application (unless the invitation is subsequently revoked).

(4) Despite anything in this section or in any rules or criteria or other matters of a kind referred to in section 13B(3A), the Minister may, by special direction, issue an invitation to apply for residence to a person whether or not the person has expressed his or her interest in the manner required by section 13D.

(5) In ranking expressions of interest, and in issuing or in determining whether or not to issue an invitation to apply for residence, the Minister or a visa officer or immigration officer may—

• (a) use an automated electronic system that applies criteria predetermined in accordance with Government residence policy; and

• (b) apply any result of that process as an adequate basis for decision.

(6) An invitation to apply for residence may at any time be revoked by the Minister or a visa officer or an immigration officer. A revocation takes immediate effect.

(7) Section 13C does not apply in relation to a decision as to whether or not to issue an invitation to apply for residence, and such a decision may be made having regard to Government residence policy applicable at the time of the decision, even if that differs from Government residence policy applicable at the time of notification of the relevant expression of interest.

(8) In a case where Government residence policy relating to residence by invitation changes between the date of issue of an invitation to apply for residence and the date on which a person's application for a residence visa or a residence permit is made in response to that invitation, the decision on that application must be made in terms of the Government residence policy applicable at the time the application was made (and not at the time the invitation was issued), and any discretion exercised must be in terms of that policy.

The following types of visa may be issued under this Act:

• (a) residence visas:

• (b) returning residents' visas:

• (c) temporary visas (including visitors' visas, work visas, and student visas):

• (ca) limited purpose visas:

• (d) transit visas.

(1) For the purposes of this Act, a visa is an endorsement by a visa officer in a passport or certificate of identity, or, in the case of a visa issued electronically, an entry made and retained in the records of the Department of Labour in accordance with section 35AB, and indicates that the visa officer, at the time of issuing the visa, knows of no reason why the holder of the passport or certificate of identity should not—

• (a) be granted a residence permit, where the visa is a residence visa; or

• (b) be entitled to the grant of another residence permit, where the visa is a returning resident's visa; or

• (c) be granted a temporary permit, where the visa is a temporary visa; or

• (ca) be granted a limited purpose permit, where the visa is a limited purpose visa; or

• (d) be allowed to come to New Zealand as a transit passenger for a period of up to 24 hours, where the visa is a transit visa.

(2) A visa is not, nor does it have the effect of, a permit.

(3) Except in the case of a returning resident's visa issued for the purposes of section 18 of this Act, a visa—

• (a) does not entitle the holder to a permit as of right; and

• (b) does not fetter in any way any discretion conferred on the Minister or any immigration officer by any of the provisions of this Act.

(4) Notwithstanding anything in subsection (1) of this section, where a visa is not granted electronically in accordance with section 35AB and a visa officer is satisfied that it would be unreasonable to insist on the production of the passport or certificate of identity, or that for any other reason it would be appropriate to issue a separate visa, the officer may issue a separate visa; but in such a case, whenever the visa is to be presented, it shall be presented together with the passport or certificate of identity.

(1) Every person who—

• (a) is outside New Zealand; and

• (b) wishes to come to New Zealand and be granted a residence permit; and

• (c) will not be exempt under this Act from the requirement to hold a permit,—

shall, before proceeding to New Zealand, apply in the prescribed manner for, and obtain, a residence visa, unless the person is exempt from this requirement by virtue of any regulations or any special direction made under this Act.

(1A) Despite subsection (1),—

• (a) no person who is of a class or category of person that, by virtue of rules or criteria set under section 13B(3A), may apply for a residence visa or residence permit only if invited to apply for residence, may apply for a residence visa without such an invitation; and

• (b) no person may apply for a residence visa in response to an invitation to apply for residence if the application is not made within any relevant time frame stipulated by or under rules or criteria set under section 13B(3A)(d).

(2) No application for a residence visa that is received by a visa officer shall be referred to the Minister for decision at first instance unless the Minister gives a special direction to that effect.

(3) It is the responsibility of the applicant to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made, and the Minister or visa officer considering the application—

• (a) is not obliged to seek any further information, evidence, or submissions; and

• (b) may determine the application on the basis of the information, evidence, and submissions provided.

(4) Nothing in subsection (3) of this section prevents the Minister or visa officer from taking into account when determining the application any information, evidence, or submissions provided by the applicant at any time before the decision on the application is made.

(5) Every residence visa issued shall be current for the period or until the date specified in it, and may be expressed to be effective for any number of journeys to New Zealand within that period or before that date.

(6) A residence visa may specify any requirements that are to be imposed under section 18A of this Act on the holder of the visa when a residence permit is granted to the holder.

(7) A person who holds a residence visa and who arrives in New Zealand during the currency of that visa may apply under section 17(1) of this Act for a residence permit.

(1) The holder of a residence permit who intends to leave New Zealand temporarily may, before leaving, apply in the prescribed manner for a returning resident's visa.

(2) A visa officer shall, on being satisfied that an applicant under subsection (1) of this section is the holder of a residence permit, issue to that person a returning resident's visa.

(3) Every returning resident's visa shall be current for the period or until the date specified in it, and may be expressed to be effective for any number of journeys to New Zealand within that period or before that date.

(4) A person who holds a returning resident's visa and who returns to New Zealand during the currency of that visa is entitled, upon application under section 18 of this Act, to the grant of a further residence permit.

(5) If, during the currency of a returning resident's visa, the holder's residence permit is revoked, or the holder is deported from New Zealand, the visa shall be deemed to be cancelled, and an immigration officer or visa officer may endorse it accordingly.

(6) Nothing in this section prevents a visa officer from issuing a returning resident's visa to any person in any other circumstances.

(1) Every person who—

• (a) is outside New Zealand; and

• (b) wishes to come to New Zealand for any purpose for which a temporary permit may be granted; and

• (c) will not be exempt under this Act from the requirement to hold a permit,—

shall, before proceeding to New Zealand, apply in the prescribed manner for, and obtain, a temporary visa, unless that person is exempt from this requirement by virtue of any special direction or any regulations made under this Act.

(2) Every temporary visa issued shall be current for the period or until the date specified in it, and may be expressed to be effective for any number of journeys to New Zealand within that period or before that date.

(3) A person who holds a temporary visa and who arrives in New Zealand during the currency of that visa may apply under section 25 of this Act for a temporary permit.

(4) Nothing in this section—

• (a) requires a person to apply for a temporary visa if that person instead applies for a limited purpose visa:

• (b) prevents a visa officer from issuing a limited purpose visa, to a person who has applied for a temporary visa, if the circumstances specified in section 14DA(2) apply.

(5) It may be a precondition to the issue of a temporary visa that a bond be paid in accordance with section 148B.

(6) In the case of a bond of a kind that is intended to manage the risk of an applicant remaining in New Zealand beyond the expiry of his or her permit, the relevant visa officer or immigration officer may impose such a bond if, and only if,—

• (a) the officer identifies such a risk in the particular case; and

• (b) the officer considers that the imposition of the bond is necessary in the particular case to manage that risk.

(1) If a person who is outside New Zealand applies in the prescribed manner for a limited purpose visa, a visa officer may issue a limited purpose visa if the person—

• (a) wishes to come to New Zealand for an express purpose; and

• (b) will not be exempt from the requirement to hold a permit to be in New Zealand.

(2) If a person who is outside New Zealand applies in the prescribed manner for a temporary visa (rather than a limited purpose visa), a visa officer may issue a limited purpose visa rather than the temporary visa applied for if, and only if,—

• (a) the person is of a kind described by subsection (1)(a) and (b): and

• (b) the visa officer identifies a risk in the particular case that the person will remain in New Zealand beyond the expiry of his or her permit; and

• (c) the visa officer considers that the issue of a limited purpose visa rather than a temporary visa is necessary in the particular case to manage that risk.

(3) A holder of a limited purpose visa who arrives in New Zealand during the currency of that visa may on arrival apply only for a limited purpose permit.

(4) It may be a precondition to the issue of a limited purpose visa that a bond be paid in accordance with section 148B, being a bond imposed for purposes other than the management of the risk that the person concerned may remain in New Zealand beyond the expiry of the permit granted on the basis of the visa.

(1) Subject to any special direction, any person outside New Zealand who—

• (a) is classified by regulations made under this Act, or by a special direction of the Minister made in accordance with this section, as a person of a type who requires a transit visa; and

• (b) is seeking to be in New Zealand only as a transit passenger for a period not exceeding 24 hours,—

shall, before proceeding to New Zealand, apply in the prescribed manner for, and obtain, a transit visa.

(2) Any regulations classifying persons as persons who require transit visas for the purposes of this section—

• (a) may, without limiting the generality of the manner in which persons may be classified, classify persons by reference to—

  • (i) their nationality; or

  • (ii) the country or place from which they are travelling (whether it be their original or an intermediate point of departure); or

  • (iii) their immediate or ultimate destination after transiting through New Zealand; or

  • (iv) whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued; or

  • (v) any combination of the above factors:

• (b) expire at the expiry of 3 calendar years from the date on which they were made, unless sooner revoked.

(2A) Nothing in subsection (2) prevents regulations being made under subsection (1) that replicate in whole or in part regulations that have expired.

(2B) Any special direction classifying persons as persons who require transit visas for the purpose of this section—

• (a) must be published in the Gazette, and notified in writing to the appropriate diplomatic or consular representative of any country concerned:

• (b) expires at the end of the period of 3 months following the day on which the special direction was made, unless sooner cancelled by the Minister by a further special direction, or by regulations:

• (c) is to be treated for the purposes of the Regulations (Disallowance) Act 1989 (but not for the purposes of the Acts and Regulations Publication Act 1989) as if it were a regulation within the meaning of that Act.

(2C) Subsection (2)(a) applies to any special direction under this section as if it were a regulation.

(2D) A special direction under this section may not be effectively continued in force by the making of a further special direction to the same or similar effect.

(3) Every transit visa issued shall be current for the period or until the date specified in it, and may be expressed to be effective for any number of journeys to New Zealand within that period or before that date.

(4) Nothing in this Act requires the holder of a transit visa to apply for or hold a permit if the person remains on the craft, or in a Customs controlled area, or in the custody of the Police, throughout the whole period during which the person is in New Zealand, unless that period exceeds 24 hours.

(5) The holder of a transit visa is not entitled to apply under this Act for any type of permit, and where any such person purports to apply for a permit that application may be refused and section 128 of this Act shall apply to the person accordingly.

(1) A residence permit entitles the holder of the permit to be in New Zealand indefinitely.

(2) The holder of a residence permit may, without further authority than that permit,—

• (a) undertake employment in New Zealand or within the exclusive economic zone of New Zealand:

• (b) undertake any course of study or training in New Zealand.

(1) The following persons may apply for a residence permit:

• (a) any person who is the holder of a residence visa and who arrives in New Zealand during the currency of that visa:

• (b) any person in New Zealand who is the holder of a temporary permit, other than—

  • (i) the holder of a pre-cleared temporary permit while that person is still in the arrival hall at the customs airport at which the person arrives in New Zealand; or

  • (ii) the holder of a temporary permit that is subject to the condition specified in section 27A(2) of this Act:

• (c) in the case of a pre-cleared residence permit, any person specified in section 35D(2) of this Act.

(1A) Despite subsection (1),—

• (a) no person who is of a class or category of person that, by virtue of rules or criteria set under section 13B(3A), may apply for a residence visa or residence permit only if invited to apply for residence, may apply for a residence permit without such an invitation; and

• (b) no person may apply for a residence permit in response to an invitation to apply for residence if the application is not made within any relevant time frame stipulated by or under rules or criteria set under section 13B(3A)(d).

(2) No person who is unlawfully in New Zealand may apply for a residence permit and, where any such person purports to apply for a residence permit,—

• (a) the Minister or appropriate immigration officer is under no obligation to consider that application; and

• (b) whether the application is considered or not,—

  • (i) the Minister or immigration officer is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and

  • (ii) section 36 of this Act and section 23 of the Official Information Act 1982 shall not apply in respect of the application.

(1) A person applying for a residence permit under section 17 of this Act shall do so in the prescribed manner.

(2) No application for a residence permit that is received by an immigration officer shall be referred to the Minister for decision at first instance unless the Minister gives a special direction to that effect.

(3) It is the responsibility of the applicant to ensure that all information, evidence, and submissions that the applicant wishes to have considered in support of the application are provided when the application is made, and the Minister or immigration officer considering the application—

• (a) is not obliged to seek any further information, evidence, or submissions; and

• (b) may determine the application on the basis of the information, evidence, and submissions provided.

(4) Nothing in subsection (3) of this section prevents the Minister or immigration officer from taking into account when determining the application any information, evidence, or submissions provided by the applicant at any time before the decision on the application is made.

The following persons are entitled, on application in the prescribed manner, to be granted a further residence permit:

• (a) the holder of a returning resident's visa who returns to New Zealand during the currency of that visa:

• (b) [Repealed]

• (c) in the case of a pre-cleared residence permit, any person specified in section 35D(3) of this Act.

(1) The Minister or an immigration officer may, on granting a residence permit, impose requirements on the holder of the permit in accordance with this section.

(2) Except as provided in subsection (3) of this section, requirements may be imposed under this section on the holder of a residence permit only where—

• (a) those requirements are specified in, or are of a kind authorised under, the Government residence policy applicable at the time the application for the permit was made; and

• (b) the permit holder is a person of a class upon whom those requirements can, in terms of that Government residence policy, be imposed.

(3) Where the Minister grants a residence permit to a person as an exception to the Government residence policy applying at the time the application for the permit was made, the Minister may impose such requirements as the Minister thinks fit to impose in all the circumstances having regard to—

• (a) the reasons why the holder of the permit was not eligible in terms of the applicable Government residence policy; or

• (b) the reasons why the grant of the permit was made as an exception to Government residence policy.

(3A) Requirements imposed under this section may include the posting of a bond that is refundable in whole or in part if other requirements under this section are met, and section 148B applies in relation to any such bond.

(3B) The fact that a bond has been forfeited in whole or in part does not affect other action taken, or that may be taken, in respect of a failure to meet requirements imposed under this section, including revocation of a residence permit or returning resident's visa under section 20 or section 20A.

(4) Where any requirements are imposed under this section, the holder of the permit shall be notified in writing—

• (a) of all requirements imposed; and

• (b) that any failure to comply with the requirements may result in revocation of the permit pursuant to section 20(1)(d) of this Act.

(5) The Minister may at any time, by special direction,—

• (a) cancel any requirement imposed under this section, whether on the application of the holder of the residence permit or of the Minister's own motion; or

• (b) with the agreement of the residence permit holder, vary any requirement imposed under this section or impose any new requirement (whether or not the variation or new requirement is specified in or specifically authorised under Government residence policy).

(6) Where the Minister cancels or varies any requirement or imposes any new requirement under subsection (5) of this section,—

• (a) the Minister shall cause the holder of the permit to be notified accordingly; and

• (b) the cancellation, variation, or new requirement shall take effect from the date specified in the notice.

(7) Where any requirement is imposed on the holder of a residence permit under this section, that requirement shall continue to apply to that person according to its tenor both—

• (a) during the currency of any returning resident's visa that is issued to the person in reliance on the fact that the person is or was the holder of that permit; and

• (b) during the currency of any residence permit then granted to the person by virtue of an entitlement under section 14C(4) of this Act.

(1) For the purposes of this Act there is a board called the Residence Review Board. The Board is the same body as the Residence Appeal Authority that existed immediately before the commencement of the Immigration Amendment Act (No 2) 2003.

(2) The function of the Board is to hear appeals brought under section 18C against the refusal of a visa officer or an immigration officer to grant an application for a residence visa or a residence permit.

(3) The Board consists of such number of members as the Governor-General determines from time to time on the advice of the Minister.

(4) The members are appointed by the Governor-General on the recommendation of the Minister.

(5) No immigration officer, and no person who has at any time within the previous 5 years been an immigration officer, may be appointed as a member of the Board.

(6) For the purposes of any matter within its jurisdiction the Board consists of 1 member.

(7) The provisions set out in Schedule 3A apply in relation to the Board.

(1) Where a visa officer or immigration officer has refused to grant any application for a residence visa or a residence permit, being an application lodged on or after the date of commencement of the Immigration Amendment Act 1991, the applicant may appeal against that refusal to the Residence Review Board on the grounds that—

• (a) the refusal was not correct in terms of the Government residence policy applicable at the time the application for the visa or the permit was made; or

• (b) the special circumstances of the appellant are such that an exception to that Government residence policy should be considered.

(2) No appeal shall lie under this section in respect of any refusal by the Minister to issue a residence visa or grant a residence permit.

(2A) No appeal lies under this section in respect of—

• (a) any refusal or failure of the Minister or a visa officer or an immigration officer to issue an invitation to apply for residence; or

• (b) any refusal or failure of the Minister or a visa officer or an immigration officer to issue a residence visa or grant a residence permit to a person who has been invited to apply for residence if a ground for the refusal or failure is that the Minister or officer is satisfied that the person,—

  • (i) whether personally or through an agent, in expressing his or her interest in obtaining an invitation to apply for residence submitted false or misleading information, or withheld relevant information that was potentially prejudicial to the person; or

  • (ii) did not ensure that a visa officer or immigration officer was informed of any material change in circumstances between the time of expressing interest and the time of the person's application for the relevant visa or permit; or

• (c) any lapse of an application for residence or of an expression of interest in obtaining an invitation to apply for residence; or

• (d) any revocation of an invitation to apply for residence.

(3) The Board shall not consider an appeal under this section unless the appeal—

• (a) is made in the prescribed manner; and

• (b) is accompanied by the prescribed fee (if any); and

• (c) is brought within 42 days after the date the appellant was notified of the refusal to issue the residence visa or, as the case may be, grant the residence permit.

(4) For the purposes of subsection (3)(c) of this section, any written notice of a refusal to issue a residence visa or grant a residence permit that is sent by post to an address supplied by the applicant for the visa or permit in that behalf shall be deemed to have been notified to the applicant—

• (a) 7 days after the date on which the notice was posted, where the address is in New Zealand; or

• (b) 14 days after the date on which the notice was posted, where the address is outside New Zealand,—

unless the applicant proves that, otherwise than through fault on the applicant's part, the applicant was not so notified.

(5) The appellant shall supply to the Board an address at which any communication relating to the appeal may be notified to the appellant.

(6) The provisions of section 18F of this Act shall apply in relation to any appeal under this section.

(7) An appeal under this section may at any time be withdrawn by notice in writing to the Board.

(1) In determining an appeal under section 18C of this Act the Board shall do 1 of the following things:

• (a) confirm the decision to refuse the visa or permit as having been correct in terms of the Government residence policy that was applicable at the time the application for the visa or permit was made by the appellant; or

• (b) reverse the decision as having been incorrect in terms of the Government residence policy that was applicable at the time the application for the visa or permit was made by the appellant; or

• (c) note the correctness of the original decision in terms of the Government residence policy that was applicable at the time the application was made on the basis of the information provided to the immigration officer or visa officer before the time of the decision, but reverse that decision on the basis of any information properly made available to the Board in accordance with section 18F of this Act that reveals that the issue of the visa or the grant of the permit would have been correct in terms of the applicable Government residence policy; or

• (d) note the correctness of the original decision in terms of the Government residence policy that was applicable at the time the application was made on the basis of the information provided to the immigration officer or visa officer before the time of the decision, but determine the appeal by cancelling the decision and referring the application back to the Secretary of Labour for consideration under that policy as if a new application had been made which included any additional information properly provided to the Board; or

• (e) where the Board—

  • (i) considers that the decision to refuse the visa or permit was made on the basis of an incorrect assessment in terms of the Government residence policy that was applicable at the time the application was made; but

  • (ii) is not satisfied that the appellant would, but for that incorrect assessment, have been entitled in terms of that policy to the immediate grant of a visa or permit,—

  determine the appeal by cancelling the decision and referring the application back to the Secretary of Labour for correct assessment in terms of that applicable Government residence policy; or

• (f) confirm the decision as having been correct in terms of the Government residence policy that was applicable at the time the application was made, but recommend that the special circumstances of the applicant are such as to warrant consideration by the Minister as an exception to that Government residence policy.

(2) Where the Board determines to reverse a decision to refuse a visa or permit under paragraph (b) or paragraph (c) of subsection (1) of this section, the Board shall—

• (a) consider whether or not it is appropriate that requirements should be imposed on the appellant in accordance with section 18A(2) of this Act, when a residence permit is granted to the appellant; and

• (b) if it considers that the imposition of requirements is appropriate, in its decision specify any such requirements with such degree of generality or particularity as the Board thinks fit.

(3) Where the Board refers an application back to the Secretary of Labour under subsection (1)(e) of this section, the Board may give the Secretary such directions as it thinks fit as to how a correct assessment of the application should be carried out.

(4) The Board shall, as soon as practicable, notify the appellant in writing of its decision on the appeal and the reasons for that decision.

(5) Subject to section 115 of this Act, the decision of the Board on an appeal under section 18C of this Act shall be final, and, except where a Court otherwise directs, the Board shall have no jurisdiction to reconsider the appeal after the appellant has been notified of the decision.

(1) Subject to subsection (2) of this section, where the Board reverses a decision under paragraph (b) or paragraph (c) of section 18D(1) of this Act, the Minister or the visa officer or an immigration officer shall, as the case may require, issue a residence visa or grant a residence permit to the appellant.

(2) Nothing in subsection (1) of this section requires a residence visa or a residence permit to be issued or granted to any person—

• (a) until the normal requirements for furnishing any certificates or other material that is required before a visa or permit can be issued or granted have been complied with, where those certificates or other material—

  • (i) were not supplied to the appropriate officer before the date on which the decision to decline the application for the residence visa or residence permit was made; or

  • (ii) by reason of effluxion of time, are no longer current for the purposes of issuing a visa or granting a permit under this Act; or

• (b) where, since the date on which the application for the residence visa or residence permit was declined, any matter has arisen or any information has become available in respect of the person that would disqualify that person from being issued with a residence visa or granted a residence permit, as the case may be, in terms of both—

  • (i) the Government residence policy that was applicable at the time of the application for the visa or permit; and

  • (ii) the Government residence policy currently applicable.

(3) Where, in reliance on subsection (2)(a) of this section, a residence permit is not immediately granted to a person who is already in New Zealand, the Minister or an immigration officer shall grant a temporary permit to the person, being a permit that is current for a period of not less than 6 months.

(4) Where any residence permit is granted to a person under subsection (1) of this section, or a residence permit is subsequently granted to a person by reason of a residence visa having been issued under that subsection, no requirements may be imposed on the person under section 18A(2) of this Act unless those requirements are specified in, or of a kind authorised by, the decision of the Board under section 18D(2)(b) of this Act.

(5) Where the Board makes a recommendation under section 18D(1)(f) of this Act, the Minister—

• (a) shall consider whether or not a residence visa should be issued or a residence permit granted as an exception to Government policy; and

• (b) may, if the Minister grants a residence permit to the appellant, impose requirements on the appellant in accordance with section 18A(2) of this Act.

(6) The Minister is not obliged to give reasons in relation to any decision made as a result of any consideration under subsection (5) of this section, and neither section 36 of this Act nor section 23 of the Official Information Act 1982 shall apply in respect of any such decision.

(1) The Board shall determine any appeal under section 18C of this Act on the papers, and with all reasonable speed.

(2) On any such appeal—

• (a) it is the responsibility of the appellant to ensure that all information, evidence, and submissions that the appellant wishes to have considered in support of the appeal are received by the Board within the period of 42 days prescribed by section 18C(3) of this Act; and

• (b) the Board is not obliged to consider any material supplied by the appellant after that period, other than—

  • (i) information requested by the Board and supplied by the appellant within such time as the Board may specify; or

  • (ii) information provided by way of rebuttal or comment pursuant to subsection (7) of this section.

(3) Where an appeal is lodged under section 18C of this Act,—

• (a) the Board shall give to the Secretary of Labour a copy of the notice of appeal and any information, evidence, or submissions lodged by the appellant; and

• (b) the Secretary of Labour shall, within the time allowed by the Board for the purpose, lodge with the Board any file relating to the appellant that is held by the Secretary, and may also lodge such other information, evidence, or submissions in relation to the matter under appeal as the Secretary thinks fit.

(4) Subject to subsections (4A) to (7), the Board, in determining the appeal,—

• (a) may seek and receive such information as it thinks fit, and consider information from any source; but

• (b) may not consider any information or evidence adduced by the appellant that was not provided to the visa officer or immigration officer before the time at which that officer made the decision on the application for the residence visa or residence permit that is the subject of the appeal.

(4A) The Board may consider information or evidence not provided by the appellant to the relevant officer before the time of the relevant decision if—

• (a) the Board is satisfied that—

  • (i) the information or evidence existed at the time the decision to refuse the visa or permit was made, and would have been relevant to the making of that decision; and

  • (ii) the appellant could not, by the exercise of reasonable diligence, have placed that information or evidence before the visa officer or immigration officer at the time at which the officer made the decision on the application; and

  • (iii) in all the circumstances it is fair to consider the information or evidence; or

• (b) the Board considers that it is necessary for it to have the information or evidence for the purpose of considering whether or not to make a determination under section 18D(1)(f).

(5) Where—

• (a) the Board considers that the decision under appeal depended, in whole or in part, upon the recorded results of an interview conducted with the appellant or with some other person connected with the application; and

• (b) those results involved the recording of an exercise of judgment on the part of the interviewing officer as opposed to the recording of facts; and

• (c) the Board considers that further written evidence or submissions will not assist to confirm or test those results,—

the Board may require the Secretary of Labour to arrange for an interview to be conducted with any specified person for any specified purpose and in any specified manner and for the report of that interview to be provided to the Board, but in any such case the interview shall not be conducted by any visa officer or immigration officer who has previously interviewed that person.

(6) Where—

• (a) it comes to the attention of the Board that any particular event has occurred after the time at which the visa officer or immigration officer made the decision on the appellant's application for the residence visa or residence permit; and

• (b) the Board is satisfied that the event materially affects the applicant's eligibility under Government residence policy,—

the Board may, if it considers it fair in all the circumstances to do so, determine the appeal in the manner set out in section 18D(1)(d) of this Act.

(7) Subject to subsection (8) of this section, where—

• (a) the Secretary lodges any material with the Board under subsection (3) of this section, or the Board obtains information from any other source; and

• (b) that material or information is or may be prejudicial to the appellant; and

• (c) the appellant has not previously been afforded an opportunity to comment on the material or information; and

• (d) the Board proposes to take that material or information into account in determining the appeal,—

the Board shall disclose that material or information to the appellant by notifying it to the appellant as soon as practicable after it is lodged with or received by the Board, and shall give the appellant an opportunity to rebut or comment on the material or information within such reasonable time as is specified by the Board.

(8) Nothing in subsection (7) of this section requires the Board to disclose to the appellant or to any other person any information the disclosure of which would be likely to endanger the safety of any person.

(9) Where the Board does not disclose certain information in reliance on subsection (8) of this section, the Board shall notify the appellant of the fact of non-disclosure.

(1) Where an immigration officer (acting under delegated authority from the Minister) grants a residence permit to any person as a result of administrative error, or is satisfied on reasonable grounds that any other immigration officer has granted such a permit to any person as a result of such an error, the officer may revoke the permit at any time before the person takes the permit from the arrival hall or office of the Department of Labour in which the error is made and discovered, and every such revocation shall take effect immediately.

(2) Where a permit is revoked under subsection (1) of this section, and the person is still within the arrival hall in which the error was made and discovered, then, unless some other permit is granted to that person or that person is a New Zealand citizen or is exempt under this Act from the requirement to hold a permit, the provisions of section 128 of this Act shall apply as if that person's application for a permit had been refused.

(3) A revocation under this section shall be made by endorsement in a form approved by the Minister.

(4) For the purposes of this section, a residence permit is granted as a result of administrative error if—

• (a) it is granted to a New Zealand citizen or a person who is exempt under this Act from the requirement to hold a permit; or

• (b) it is granted to a person to whom section 7 of this act applies; or

• (c) the person granting it intended to grant a temporary permit of some type rather than the residence permit that was actually granted; or

• (d) it is granted in contravention of—

  • (i) any special direction; or

  • (ii) any instruction of a kind referred to in section 130(5) of this Act; or

  • (iii) the Government residence policy applicable at the relevant time; or

• (e) it is granted on the basis of an administrative error (of any of the types referred to in this subsection) in determining an earlier application for a visa or permit.

(1) The Minister may at any time revoke a residence permit on any of the following grounds, but no other:

• (a) that the permit was granted as a result of administrative error:

• (b) that the permit (including any permit deemed by section 44(2) of this Act to be a residence permit) was procured by fraud, forgery, false or misleading representation, or concealment of relevant information:

• (c) that the permit (including any permit deemed by section 44(2) of this Act to be a residence permit) was granted to a person who had been a holder of a visa or another permit procured by fraud, forgery, false or misleading representation, or concealment of relevant information:

• (ca) that the permit (including any permit deemed by section 44(2) to be a residence permit) was granted to a person who was, but is no longer, recognised as a refugee in New Zealand, that earlier recognition having been procured by fraud, forgery, false or misleading representation, or concealment of relevant information:

• (d) that any requirement imposed on the permit holder under section 18A of this Act has not been met.

(2) Written notice of the revocation of a residence permit under this section shall be served on the holder by personal service only, and the revocation shall, except where the holder appeals against the revocation to the High Court or the Tribunal under section 21 or section 22 of this Act (in which case the provisions of section 23 of this Act shall apply), become effective on the date 21 days after the date of such service.

(3) Every notice under subsection (2) of this section shall specify the grounds on which the revocation is made.

(4) Except where the revocation of the permit is made on the ground that the holder is a New Zealand citizen or is exempt under this Act from the requirement to hold a permit, every notice under subsection (2) of this section shall also inform the holder of the permit of—

• (a) the right to appeal to the High Court under section 21 of this Act against the revocation of the residence permit, and the date by which or period within which that appeal must be brought; and

• (b) the right to appeal to the Deportation Review Tribunal under section 22 of this Act against the revocation of the residence permit, and the date by which or period within which that appeal must be brought; and

• (c) the right to apply under section 25(1)(d) of this Act for a temporary permit.

(5) For the purposes of this section, a residence permit is granted as a result of an administrative error if it is granted in any of the circumstances specified in section 19(4) of this Act.