Immigration Act 2009

Core provisions and matters in relation to decision making - Excluded persons

17: Exceptions to non-eligibility for visa or entry permission

You could also call this:

"Some people can still get a visa to enter New Zealand even if they don't normally qualify"

Illustration for Immigration Act 2009

You can get a visa or entry permission even if you are not eligible. This can happen if you get a special direction or follow what is said in section 83. You must get entry permission if you have a permanent resident visa. You must also get entry permission if you have a resident visa granted in New Zealand. This also applies if you have a resident visa and are arriving in New Zealand for a second or subsequent time. You can get a visa and entry permission if you are entitled to immunity from jurisdiction under the Diplomatic Privileges and Immunities Act 1968 or the Consular Privileges and Immunities Act 1971. The decision to grant a visa and entry permission is up to the decision maker. Nothing stops the Minister from granting a temporary entry class visa under section 75A. This means the Minister has the power to grant a visa even if you are not eligible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440600.

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16: Certain other persons not eligible for visa or entry permission, or

"Who can't enter New Zealand due to security or crime risks"


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18: Obligation of persons unlawfully in New Zealand to leave New Zealand, or

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Part 2Core provisions and matters in relation to decision making
Excluded persons

17Exceptions to non-eligibility for visa or entry permission

  1. Despite sections 15 and 16, a visa and entry permission may be granted to any person—

  2. in accordance with a special direction; or
    1. in accordance with section 83.
      1. Despite sections 15 and 16,—

      2. entry permission must be granted to—
        1. the holder of a permanent resident visa; and
          1. the holder of a resident visa granted in New Zealand; and
            1. the holder of a resident visa arriving in New Zealand for a second or subsequent time as the holder of the visa:
            2. a visa and entry permission must be granted to 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.
              1. A decision to grant a visa and entry permission under subsection (1) is in the absolute discretion of the decision maker.

              2. Nothing in section 15 or 16 limits the power of the Minister to grant a temporary entry class visa under section 75A.

              Compare
              Notes
              • Section 17(4): inserted, on , by section 6 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).