Immigration Act 2009

Miscellaneous provisions - Special directions

378: Special directions

You could also call this:

"The Minister's Special Instructions for Immigration"

Illustration for Immigration Act 2009

The Minister can give special directions to immigration officers. You might get a special direction if you are a person, or a group of people, with something in common. The Minister can make these directions in writing or by talking to someone. The Minister can give special directions about visas and travel to New Zealand. This can include changing the conditions of a visa, or letting people into New Zealand without a visa. The Minister can also decide to extend a visa or let people travel through New Zealand without a visa. A special direction starts on the day it is made, or on a later date. If the Minister gives a special direction by talking to someone, that person must write it down as soon as possible. The Minister can change or cancel a special direction at any time. The Minister decides who gets a special direction, and this decision is final. The Minister can give instructions to immigration officers at any time. This does not limit the Minister's power to make special directions. You can find more information about special directions in the Immigration Act 2009, and in sections like section 50(4A), section 52(4A), and section 53(4A).

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Part 11Miscellaneous 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—

      2. varying or cancelling conditions of resident visas in relation to any class of persons, in accordance with section 50(4A):
        1. imposing, varying, or cancelling conditions of temporary entry class visas in relation to any class of persons, in accordance with section 52(4A) or 53(4A):
          1. waiving 1 or more prescribed requirements for applying for a visa in relation to any class of persons, in accordance with section 57(3):
            1. granting, at any time and of the Minister’s own volition, visas of any type to any class of persons, in accordance with section 61B(1):
              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. extending temporary entry class visas and transit visas in relation to any class of persons, in accordance with section 91A(1).
                          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): inserted, on , by section 60(1) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                          • Section 378(2)(aab): inserted, on , by section 60(1) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                          • Section 378(2)(aac): inserted, on , by section 60(1) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                          • Section 378(2)(aad): inserted, on , by section 60(1) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                          • Section 378(2)(ba): repealed, on , by section 378(2A).
                          • Section 378(2)(e): inserted, on , by section 60(2) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
                          • 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).