79Who may apply for temporary visa

1. The following persons may apply for a temporary visa:

2. a person, including a person to whom a visa waiver applies, who is outside New Zealand and who wishes to come to New Zealand for any purpose for which a temporary visa may be granted:
3. a person arriving in New Zealand and to whom a visa waiver applies:
4. a person who is onshore, is the holder of a temporary visa, and is—
   1. a person to whom section 75A(2) applies; or
   2. a person to whom section 150(1) and (2) do not apply; or
   3. a claimant to whom section 150(3) applies:
5. a person who is a member of a mass arrival group and has the responsibility of applying for a visa under section 103(1)(daa).

6. No person who is of a class or category that, by virtue of immigration instructions, may only apply for a temporary visa by invitation may apply for such a visa without an invitation.

7. A person may apply for a temporary visa (or a temporary visa of a particular type) in response to an invitation to apply only if the application is made in the time frame specified in the temporary entry instructions.

8. To avoid doubt,—

9. no limited visa holder, interim visa holder, or transit visa holder may apply for a temporary visa; and
10. a person liable for deportation may only apply—
    1. for a visa of the same class and type that he or she held before becoming liable for deportation; and
    2. if he or she is not unlawfully in New Zealand.

11. However, the Minister, in his or her absolute discretion, may grant a temporary visa to a person prohibited from applying for a temporary visa under subsection (4).