Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
14E Transit visas
  • (1) Subject to any special direction, any person outside New Zealand who—

    • (a) is classified by regulations made under this Act, or by a special direction of the Minister made in accordance with this section, as a person of a type who requires a transit visa; and

    • (b) is seeking to be in New Zealand only as a transit passenger for a period not exceeding 24 hours,—

    shall, before proceeding to New Zealand, apply in the prescribed manner for, and obtain, a transit visa.

    (2) Any regulations classifying persons as persons who require transit visas for the purposes of this section—

    • (a) may, without limiting the generality of the manner in which persons may be classified, classify persons by reference to—

      • (i) their nationality; or

      • (ii) the country or place from which they are travelling (whether it be their original or an intermediate point of departure); or

      • (iii) their immediate or ultimate destination after transiting through New Zealand; or

      • (iv) whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued; or

      • (v) any combination of the above factors:

    • (b) expire at the expiry of 3 calendar years from the date on which they were made, unless sooner revoked.

    (2A) Nothing in subsection (2) prevents regulations being made under subsection (1) that replicate in whole or in part regulations that have expired.

    (2B) Any special direction classifying persons as persons who require transit visas for the purpose of this section—

    • (a) must be published in the Gazette, and notified in writing to the appropriate diplomatic or consular representative of any country concerned:

    • (b) expires at the end of the period of 3 months following the day on which the special direction was made, unless sooner cancelled by the Minister by a further special direction, or by regulations:

    (2C) Subsection (2)(a) applies to any special direction under this section as if it were a regulation.

    (2D) A special direction under this section may not be effectively continued in force by the making of a further special direction to the same or similar effect.

    (3) Every transit visa issued shall be current for the period or until the date specified in it, and may be expressed to be effective for any number of journeys to New Zealand within that period or before that date.

    (4) Nothing in this Act requires the holder of a transit visa to apply for or hold a permit if the person remains on the craft, or in a Customs controlled area, or in the custody of the Police, throughout the whole period during which the person is in New Zealand, unless that period exceeds 24 hours.

    (5) The holder of a transit visa is not entitled to apply under this Act for any type of permit, and where any such person purports to apply for a permit that application may be refused and section 128 of this Act shall apply to the person accordingly.

    Section 14E: inserted, on 18 November 1991, by section 8 of the Immigration Amendment Act 1991 (1991 No 113).

    Section 14E(1)(a): substituted, on 1 October 1999, by section 14(1) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 14E(2)(b): substituted, on 1 October 1999, by section 14(2) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 14E(2A): inserted, on 1 October 1999, by section 14(3) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 14E(2B): inserted, on 1 October 1999, by section 14(3) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 14E(2C): inserted, on 1 October 1999, by section 14(3) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 14E(2D): inserted, on 1 October 1999, by section 14(3) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 14E(4): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).