Immigration (COVID-19 Response) Amendment Bill

  • enacted
11 New section 78A inserted (Extension of temporary entry class visa by special direction)

After section 78, insert:

78A Extension of temporary entry class visa by special direction

(1)

The Minister may, by special direction in relation to a class or classes of persons holding temporary entry class visas, extend the visas by a period of up to 6 months from the date on which they would otherwise expire.

(2)

However, the Minister may not make a special direction under subsection (1) unless satisfied that doing so is necessary or desirable to manage the effects, or deal with the consequences, of—

(a)

measures taken under this Act or any other enactment to contain or mitigate the outbreak of COVID-19 or its effects; or

(b)

any other measures (whether in New Zealand or elsewhere) to contain or mitigate the outbreak of COVID-19 or its effects.

(3)

A visa extended under subsection (1) 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:

(a)

the visa’s cancellation:

(b)

the expiration of the period of the extension.

(4)

Subsection (1) does not require—

(a)

the endorsement or modification of the visa; or

(b)

the issue of a document extending the visa; or

(c)

the grant of a new visa.

(5)

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:

(a)

their nationality:

(b)

the country or place from which they are travelling or have travelled (whether it be their original or an intermediate point of departure):

(c)

whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued:

(d)

the type of visa concerned.

(6)

A special direction under subsection (1)

(a)

must, along with an explanation of the effect of the special direction, be notified in the Gazette and published on an Internet site maintained by or on behalf of the Department; and

(b)

is a disallowable instrument, but not a legislative instrument, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

(7)

This section is repealed immediately after the expiry of the 12-month period that starts on the date on which the Immigration (COVID-19 Response) Amendment Act 2020 comes into force.