Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Visas - Classes of visa - Transit visas

86: Who must obtain transit visa

You could also call this:

“People who need a visa to pass through New Zealand”

If you want to travel through New Zealand as a transit passenger, you need to get a transit visa before you come. But you don’t need a transit visa if the rules say you can travel without one. These rules can be made by the government or by the Minister for a short time.

The rules about who doesn’t need a transit visa can be based on things like where you’re from, where you’re travelling from or to, or what travel documents you have. The Minister can change these rules for up to three months.

When the Minister changes the rules, they have to tell the countries affected. These changes only last for three months unless they’re cancelled earlier or made into proper rules. The Minister can’t keep extending these changes by making new short-term decisions.

These changes to the rules are a type of law, even if they haven’t been published yet. They start working as soon as the Minister decides, but they still need to be published properly later.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440709.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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85: Limitations and conditions on holders of limited visa, or

“Rules and restrictions for people with limited visas”

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86A: Obligation of transit passenger, or

“Transit passengers must stay in designated areas during their transit period”

Part 3 Visas
Classes of visa: Transit visas

86Who must obtain transit visa

  1. A person intending to travel to and be in New Zealand only as a transit passenger must, before proceeding to New Zealand, apply for and obtain a transit visa.

  2. Subsection (1) applies to the person unless he or she is classified as a person to whom a transit visa waiver applies—

  3. by regulations made under section 400; or
    1. by special direction of the Minister under subsection (4).

      1. Regulations classifying persons as persons to whom a transit visa waiver applies—

      2. may, without limiting the generality of the manner in which persons may be classified, classify persons by reference to all or any of the following:
        1. their nationality:
          1. the country or place from which they are travelling (whether it be their original or intermediate point of departure):
            1. their immediate or ultimate destination after transiting through New Zealand:
              1. whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
              2. are subject to any special direction made under subsection (4) that suspends any relevant transit visa waiver.

                1. The Minister may, by special direction that has effect for a period not exceeding 3 months,—

                2. classify persons as persons to whom a transit visa waiver applies (whether by reference to the matters referred to in subsection (3)(a) or otherwise):
                  1. suspend any transit visa waiver specified in regulations for any class or classes of person.

                    1. Repealed

                    2. Repealed

                    3. Repealed

                    4. A special direction made under subsection (4)—

                    5. must be notified in writing through diplomatic channels to any country concerned; and
                      1. expires at the end of the period of 3 months following the day on which it was made, unless sooner cancelled by the Minister by a further special direction, or by regulations; and
                        1. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), but commences in accordance with section 378(3), even if it is not yet published.

                          1. A special direction made under subsection (4) may not be effectively continued in force by the making of a further special direction to the same or similar effect.

                          2. Repealed
                          Compare
                          Notes
                          • Section 86(4A): repealed, on , by section 86(4C).
                          • Section 86(4B): repealed, on , by section 86(4C).
                          • Section 86(4C): repealed, on , by section 86(4C).
                          • Section 86(5)(a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                          • Section 86(5)(b): amended, on , by section 77(3) of the Legislation Act 2012 (2012 No 119).
                          • Section 86(5)(c): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                          • Section 86(7): repealed, on , by section 22 of the Immigration Amendment Act 2015 (2015 No 48).