91AExtension of temporary entry class visas and transit visas by special direction

1. The Minister may, by special direction in relation to a class or classes of persons holding the following visas, extend the visas by a period of up to 9 months from the date on which they would otherwise expire:

2. temporary entry class visas (excluding those visas that are subject to restricted temporary entry instructions):
3. temporary entry class visas subject to restricted temporary entry instructions:
4. transit visas.

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 visa extended under subsection (1)(a) or (b) must, for all purposes, be treated as if it continues to be a current visa allowing a person to travel to New Zealand, apply for entry permission, and stay in New Zealand until the earlier of the following events:

11. the cancellation of the visa:
12. the expiry of the period of the extension.

13. A transit visa extended under subsection (1)(c) must, for all purposes, be treated as if it continues to be a current visa giving the holder of the visa permission to travel to New Zealand, and to remain, for no longer than the transit period,—

14. on the craft concerned; or
15. in an immigration control area; or
16. in the custody of the Police.

17. Subsection (1) does not require—

18. the endorsement or modification of the visa; or
19. the issue of a document extending the visa; or
20. the grant of a new visa.

21. A visa extension under subsection (1) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom the extension applies by reference to all or any of the following:

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

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

27. 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
28. 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
29. the Minister has undertaken any consultation that they consider to be appropriate in the particular situation.

30. A special direction under subsection (1)—

31. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
32. commences in accordance with section 378(3), even if it is not yet published; and
33. must be published together with an explanation of the effect of the special direction; and
34. 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.