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

1. The Minister or, subject to any special direction, an immigration officer may, in his or her discretion,—

2. grant the holder of a temporary entry class visa entry permission on the basis of his or her visa; or
3. in accordance with section 82, cancel the visa of the holder of a temporary entry class visa, grant a limited visa in its place, and grant the person entry permission on the basis of the limited visa; or
4. refuse the holder of a temporary entry class visa entry permission.

5. The Minister or an immigration officer may, in his or her discretion, grant the holder of a temporary entry class visa entry permission on the basis of his or her visa but impose further conditions, or vary or cancel any conditions that would otherwise apply to the visa.

6. The Minister may also, by special direction, impose further conditions on a temporary entry class visa subject to restricted temporary entry instructions, or vary or cancel any conditions that would otherwise apply to the visa, and grant the holder entry permission.

7. A decision under subsection (1) that relates to a temporary entry class visa of a type subject to restricted temporary entry instructions must be made in terms of the temporary entry instructions applicable at the time the person applied for the visa.

8. For the purposes of subsections (1) to (3), the following matters are matters for the discretion of the Minister or immigration officer, as the case may be, and no appeal lies against his or her decision, whether to a court, the Tribunal, the Minister, or otherwise:

9. a decision to grant the visa holder entry permission on the basis of the existing temporary entry class visa:
10. a decision to grant the visa holder entry permission on the basis of the existing temporary entry class visa, but to impose, vary, or cancel conditions relating to stay in New Zealand:
11. a decision to refuse the visa holder entry permission.

12. Subsection (5) does not limit or affect the right of the person to bring review proceedings.

13. Nothing in this section prevents—

14. the Minister or an immigration officer, in his or her discretion, from granting entry permission to the holder of a temporary entry class visa (other than a holder of a temporary entry class visa of a type subject to restricted temporary entry instructions) as an exception to temporary entry instructions:
15. the Minister, in his or her absolute discretion, from granting entry permission to the holder of a temporary entry class visa of a type subject to restricted temporary entry instructions, as an exception to the restricted temporary entry instructions.

Notes

• Section 109(6): amended, on 7 May 2015, by section 30 of the Immigration Amendment Act 2015 (2015 No 48).