61BGrant of visas to class of persons by special direction

1. The Minister may, at any time of the Minister’s own volition, by special direction, grant visas of any type to a class or classes of persons who—

2. are outside New Zealand; or
3. are in New Zealand and hold temporary entry class visas.

4. A visa may be granted under subsection (1) even if the grant is contrary to immigration instructions.

5. However, the Minister may not make a special direction under subsection (1) unless satisfied that the special direction is reasonably necessary to respond to 1 or more of the following circumstances:

6. any unusual circumstance:
7. any circumstance that is unable to be dealt with under any other provision of the Act:
8. any circumstance that is outside the Department’s control:
9. any circumstance that poses a challenge to the immigration system.

10. A special direction under subsection (1) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom a visa is granted by reference to all or any of the following:

11. their nationality:
12. the country or place from which they are travelling or have travelled (whether it is their original or an intermediate point of departure):
13. whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:
14. any type of visa that they hold or have applied for.

15. The Minister must certify a special direction made under subsection (1) as follows:

16. the Minister considers that the exercise of the power to make the special direction in the particular situation is reasonably necessary to respond to 1 or more of the following circumstances:
    1. any unusual circumstance:
    2. any circumstance that is unable to be dealt with under any other provision of the Act:
    3. any circumstance that is outside the Department’s control:
    4. any circumstance that poses a challenge to the immigration system; and
17. the Minister considers that the exercise of the power to make the special direction in the particular situation will—
    1. benefit the class or classes of persons to whom it applies; or
    2. not disadvantage the class or classes of persons to whom it applies; and
18. the Minister has undertaken any consultation that they consider to be appropriate in the particular situation.

19. A special direction under subsection (1)—

20. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
21. commences in accordance with section 378(3), even if it is not yet published; and
22. must be published together with an explanation of the effect of the special direction; and
23. must specify—
    1. its duration, which can be no longer than 6 months; and
    2. any statutory power exercised; and
    3. the class of persons to whom it applies.