Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Core provisions and matters in relation to decision making - Eligibility to be in or enter New Zealand

14: Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand

You could also call this:

“Non-citizens need a visa to enter and stay in New Zealand”

If you’re not a New Zealand citizen, you need a visa to travel to and stay in New Zealand. You can only travel to New Zealand if you have a visa that matches your travel plans, or if you don’t need a visa because of special rules. To enter and stay in New Zealand, you must have a visa and be given permission to enter.

Just because you’ve applied for a visa while in New Zealand doesn’t mean you can stay there legally. It doesn’t give you the right to stay while your application is being looked at, or to apply for other visas. It also doesn’t stop you from being deported if the rules say you should be.

There are some special cases where different rules apply. These are covered in sections 90 to 96 of the Extradition Act 1999 and sections 150 to 155 of the International Crimes and International Criminal Court Act 2000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440596.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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13: New Zealand citizens may enter and be in New Zealand at any time, or

“New Zealand citizens can always enter and stay in the country”

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15: Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand, or

“People with serious criminal records or past deportations can't enter New Zealand”

Part 2 Core provisions and matters in relation to decision making
Eligibility to be in or enter New Zealand

14Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand

  1. A person who is not a New Zealand citizen may—

  2. travel to New Zealand only if the person—
    1. is the holder of a visa granted under this Act and the travel is consistent with the conditions of the visa; or
      1. is a person to whom a visa waiver applies (whether authorised by regulation or special direction); and
      2. enter and be in New Zealand only if the person is the holder of a visa granted under this Act and he or she has been granted entry permission.

        1. To avoid doubt, the fact that an application for a visa has been made by or for any person who is onshore does not—

        2. render the person’s presence in New Zealand lawful; or
          1. give the person a right to remain in New Zealand while the application is considered; or
            1. give the person a right to apply for or be granted any other visa pending determination of the application; or
              1. inhibit any deportation procedures under this Act that may apply to the person.

                1. This Act applies subject to—

                2. sections 90 to 96 of the Extradition Act 1999; and
                  1. sections 150 to 155 of the International Crimes and International Criminal Court Act 2000.

                    Compare
                    • 1987 No 74 s 4