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Immigration Act 2009

Miscellaneous provisions - Special directions

378: Special directions

You could also call this:

“Minister can make special rules for immigration in unusual situations”

The Minister can give special directions to the chief executive or other immigration officers. These directions can be about any person, visa, or document. They can also be about groups of people, visas, or documents that are linked by a specific event or unusual situation.

The Minister can write special directions to:

  • Let certain groups of people travel to New Zealand without a visa
  • Stop allowing certain groups to travel without a visa
  • Decide who doesn’t need a transit visa
  • Stop allowing certain groups to travel without a transit visa

Special directions start working on the day they’re made, or on a later date if the Minister says so. If the Minister gives a direction by talking instead of writing, someone needs to write it down as soon as possible.

The Minister can add conditions to special directions if they want to. They can also change or cancel old special directions.

The Minister can still give other instructions to the chief executive about immigration and this law. It’s completely up to the Minister whether to give a special direction or not.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441195.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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Part 11 Miscellaneous provisions
Special directions

378Special directions

  1. The Minister may give to the chief executive or any other immigration officer, either in writing or orally, a special direction, in relation to any matter for which such a direction is contemplated by any provision of this Act or of regulations made under this Act, in respect of—

  2. any person, visa, or document; or
    1. any 2 or more persons, visas, or documents where by reason of any specific event, occurrence, or unusual circumstances there is a common link between those persons, visas, or documents.

      1. The Minister may give in writing a special direction—

              1. waiving the requirement to hold a visa permitting travel to New Zealand in relation to any class of persons, in accordance with section 69(2)(a):
                1. suspending, under section 69(2)(b), a visa waiver made in accordance with section 69(1):
                    1. classifying persons to whom a transit visa waiver applies, in accordance with section 86(4)(a):
                      1. suspending, under section 86(4)(b), a transit visa waiver made in accordance with section 86(2)(a).

                        1. Repealed

                        2. A special direction comes into force on the day on which it is made, or any later date specified in the direction.

                        3. Where a special direction is given orally, the chief executive or immigration officer must as soon as possible make a written record of the content and date of the direction.

                        4. A special direction may be subject to such conditions as the Minister thinks fit.

                        5. A special direction may revoke or amend any previous special direction.

                        6. Nothing in this section limits or affects the powers of the Minister to give all such instructions to the chief executive as the Minister thinks fit in the ordinary course of the administration of the immigration portfolio and of this Act.

                        7. The decision whether to grant a special direction is in the absolute discretion of the Minister.

                        8. Repealed
                        Compare
                        Notes
                        • Section 378(2)(aaa): repealed, on , by section 378(2A).
                        • Section 378(2)(aab): repealed, on , by section 378(2A).
                        • Section 378(2)(aac): repealed, on , by section 378(2A).
                        • Section 378(2)(aad): repealed, on , by section 378(2A).
                        • Section 378(2)(ba): repealed, on , by section 378(2A).
                        • Section 378(2A): repealed, on , by section 378(2A).
                        • Section 378(9): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).