8Meaning of granting visa or entry permission as result of administrative error

1. In this Act, a visa is granted as a result of an administrative error if—

2. it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b)); or
3. it is granted to an excluded person (unless section 17 applies); or
4. the person granting it intended to grant a visa of a type other than the one that was actually granted; or
5. it is granted for a period exceeding the period specified in regulations or immigration instructions for visas of that type (unless the Minister or an immigration officer deliberately and properly granted it as an exception to the immigration instructions); or
6. it is granted on the basis of the person holding a visa that was granted as a result of an administrative error; or
7. it is granted in contravention of—
   1. a special direction; or
   2. immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or
   3. an instruction of a kind referred to in section 378(7).

8. In this Act, entry permission is granted as a result of an administrative error if—

9. it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b)); or
10. it is granted to an excluded person (unless section 17 applies); or
11. it is granted in contravention of—
    1. a special direction; or
    2. immigration instructions (unless the Minister or an immigration officer deliberately and properly granted it as an exception to immigration instructions); or
12. it is granted on the basis of, or in conjunction with,—
    1. a visa that was itself granted on the basis of an administrative error; or
    2. a visa that was granted for a period exceeding the period specified in immigration instructions for a visa of that type (unless the Minister or an immigration officer deliberately and properly granted the visa as an exception to the immigration instructions); or
    3. a visa of a class or type other than that intended to be granted.

Compare

• 1987 No 74 ss 19(4), 32(4)

Notes

• Section 8(1)(d): amended, on 7 May 2015, by section 6 of the Immigration Amendment Act 2015 (2015 No 48).