108 Decisions on entry permission in relation to residence class visa holders

(1)

The holder of a permanent resident visa must be granted entry permission.

(2)

The holder of a resident visa granted in New Zealand must be granted entry permission.

(3)

The holder of a resident visa granted outside New Zealand must be granted entry permission if it is his or her second or subsequent entry to New Zealand as the holder of the visa.

(4)

If the holder of a resident visa granted outside New Zealand intends travelling to New Zealand for the first time as the holder of the visa and applies for entry permission under section 98(1),—

(a)

the Minister or, subject to any special direction, an immigration officer may, in his or her discretion,—

(i)

grant entry permission to the person; or

(ii)

refuse entry permission to the person; and

(b)

the Minister may, by special direction, impose further conditions on the visa, or vary or cancel any conditions that would otherwise apply to the visa.

(5)

If the holder of a resident visa arrives in New Zealand for the first time as the holder of the visa and the visa was granted outside New Zealand,—

(a)

the Minister or, subject to any special direction, an immigration officer may, in his or her discretion,—

(i)

grant entry permission to the person; or

(ii)

refuse entry permission to the person; and

(b)

the Minister may, by special direction, impose further conditions on the visa, or vary or cancel any conditions that would otherwise apply to the visa.

(6)

The Minister’s or immigration officer’s decision under subsection (4)(a) or (5)(a) must be made, and any discretion exercised, in terms of the residence instructions applicable at the time the person applied for the visa.

(7)

For the purposes of subsections (4) and (5), the following matters are matters for the discretion of the Minister or immigration officer, as the case may be, and, subject to section 187(1)(c), no appeal lies against his or her decision, whether to a court, the Tribunal, the Minister, or otherwise:

(a)

a decision to grant the visa holder entry permission:

(b)

a decision to grant the visa holder entry permission, but to impose, vary, or cancel any conditions of the visa.

(8)

Subsection (7) does not limit or affect the right of the person to bring review proceedings.

(9)

Nothing in this section prevents the Minister, in his or her absolute discretion, from granting entry permission to a person as an exception to residence instructions.