Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
107: Effect of entry permission or refusal of entry permission
or “What happens when you're allowed or not allowed to enter New Zealand”
You could also call this:

“How people with residence visas can enter New Zealand”

If you have a permanent resident visa, you will be allowed to enter New Zealand.

If you have a resident visa that was given to you in New Zealand, you will be allowed to enter the country.

If you have a resident visa that was given to you outside of New Zealand and you’ve already entered New Zealand at least once with this visa, you will be allowed to enter the country again.

If you have a resident visa that was given to you outside of New Zealand and it’s your first time trying to enter the country with this visa, things are a bit different. You can ask for permission to enter before you arrive or when you arrive. The Minister or an immigration officer can decide to let you in or not. They can also change the rules of your visa or add new ones.

When the Minister or immigration officer makes this decision, they have to follow the rules that were in place when you first applied for your visa.

You can’t appeal the decision about letting you in or changing your visa rules, except in some special cases. However, you can still ask a court to look at the decision if you think it wasn’t fair.

The Minister can also decide to let someone in even if they don’t meet all the usual requirements for residents.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 109: Decisions on entry permission in relation to temporary entry class visa holders

or “Deciding if and how temporary visa holders can enter New Zealand”
Next

Part 4 Arrivals and departures
Entry permission

108Decisions on entry permission in relation to residence class visa holders

  1. The holder of a permanent resident visa must be granted entry permission.

  2. The holder of a resident visa granted in New Zealand must be granted entry permission.

  3. The holder of a resident visa granted outside New Zealand must be granted entry permission if it is his or her second or subsequent entry to New Zealand as the holder of the visa.

  4. If the holder of a resident visa granted outside New Zealand intends travelling to New Zealand for the first time as the holder of the visa and applies for entry permission under section 98(1),—

  5. the Minister or, subject to any special direction, an immigration officer may, in his or her discretion,—
    1. grant entry permission to the person; or
      1. refuse entry permission to the person; and
      2. the Minister may, by special direction, impose further conditions on the visa, or vary or cancel any conditions that would otherwise apply to the visa.

        1. If the holder of a resident visa arrives in New Zealand for the first time as the holder of the visa and the visa was granted outside New Zealand,—

        2. the Minister or, subject to any special direction, an immigration officer may, in his or her discretion,—
          1. grant entry permission to the person; or
            1. refuse entry permission to the person; and
            2. the Minister may, by special direction, impose further conditions on the visa, or vary or cancel any conditions that would otherwise apply to the visa.

              1. The Minister's or immigration officer's decision under subsection (4)(a) or (5)(a) must be made, and any discretion exercised, in terms of the residence instructions applicable at the time the person applied for the visa.

              2. For the purposes of subsections (4) and (5), the following matters are matters for the discretion of the Minister or immigration officer, as the case may be, and, subject to section 187(1)(c), no appeal lies against his or her decision, whether to a court, the Tribunal, the Minister, or otherwise:

              3. a decision to grant the visa holder entry permission:
                1. a decision to grant the visa holder entry permission, but to impose, vary, or cancel any conditions of the visa.

                  1. Subsection (7) does not limit or affect the right of the person to bring review proceedings.

                  2. Nothing in this section prevents the Minister, in his or her absolute discretion, from granting entry permission to a person as an exception to residence instructions.