Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010

Reprint
as at 30 June 2014

Coat of Arms of New Zealand

Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010

(SR 2010/241)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 9th day of August 2010

Present:
His Excellency the Governor-General in Council


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry of Business, Innovation, and Employment.


Pursuant to sections 400 to 402 of the Immigration Act 2009, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1 Title

2 Commencement

3 Overview [Revoked]

4 Interpretation

4A Meaning of prescribed fee

Part 1
Residence class visas

5 Application requirements

6 Application requirements for holder or former holder of resident visa

7 Applications at immigration control area for second or subsequent resident visa

8 Applications at immigration control area by Australian citizens and permanent residents for resident visa

9 Notification of expression of interest in applying for residence class visa

Part 2
Temporary entry class visas

10 Application requirements other than at immigration control area

11 Application requirements at immigration control area

12 Applications that must be made online

13 Applications for diplomatic and consular officials

14 Applications for reconsideration of decision to decline further temporary visa

Part 3
Transit visas

15 Application requirements

16 People to whom waiver of requirement for transit visa applies

17 Holder of transit visa may be in New Zealand for up to 24-hour period

Part 4
Other matters relating to visas and visa applications

18 People to whom waiver of requirement for visa permitting travel to New Zealand applies

19 People deemed to be granted temporary entry class visa

20 Applications involving family members

21 Applications made without using approved form

22 Immigration officer may refuse to consider or continue considering application made under regulation 21

23 Applications for visas not otherwise provided for in these regulations

23A Applications that may be made online

Part 5
Entry permission

24 Application requirements

25 Exemptions from requirement to apply for entry permission

Part 6
Miscellaneous matters

26AA Prescribed fees (not imposed elsewhere by these regulations)

26AAB Exemptions from or reductions in prescribed fees

26AAC Cash payments of prescribed fees

26 Migrant levy

27 Migrant levy must be deposited with chief executive before visa granted

28 Exemption from payment of migrant levy

28A Prescribed fees and migrant levy inclusive of GST

28B Obligations of New Zealand citizens arriving in New Zealand at immigration control area

28C Exemption from obligation to present to immigration officer when arriving in New Zealand at immigration control area

29 Obligations of people arriving in New Zealand at place other than immigration control area

30 People leaving New Zealand who are exempt from presenting themselves to immigration officer

31 People leaving New Zealand must complete approved form

32 Application for confirmation of immigration status

33 Application for endorsement of New Zealand citizenship in foreign passport

34 Minister may waive regulation requirements by special direction

Schedule 1
Temporary entry class visas for which application must be made online

[Revoked]

Schedule 2
People to whom waiver to travel to New Zealand applies

Schedule 3
People deemed to hold visa and have been granted entry permission

Schedule 4
Fees

Schedule 5
People not required to pay prescribed fee


Regulations

1 Title
  • These regulations are the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010.

2 Commencement
  • These regulations come into force at 2 am on 29 November 2010.

3 Overview
  • [Revoked]

    Regulation 3: revoked, at 2 am on 29 November 2010, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

4 Interpretation
  • (1) In these regulations, unless the context requires another meaning,—

    Act means the Immigration Act 2009

    approved form means the relevant form approved by the chief executive under section 381(1) of the Act

    Armed Forces has the meaning given in section 2(1) of the Defence Act 1990

    Civil Staff has the meaning given in section 2(1) of the Defence Act 1990

    civilian component has the meaning given in section 4(1) of the Visiting Forces Act 2004

    dependent child

    • (a) means a child who is totally or substantially reliant on the applicant or the applicant's spouse or partner for financial support, regardless of whether the child lives with the applicant or his or her spouse or partner, or both; and

    • (b) includes, for the purposes of regulations 20(2)(a) and (4) and 21(6)(b)(i), a child who is single and financially independent, but—

      • (i) is 17 years of age or younger; or

      • (ii) is of or over the age of 18 years but under 21 years and has no children

    identity document means a document that—

    • (a) confirms a person's identity; and

    • (b) includes the person's full name and date of birth, and a photograph of the person's head and shoulders

    member of a visiting force has the meaning given in section 4(1) of the Visiting Forces Act 2004

    military craft

    • (a) means a craft (within the meaning of section 4 of the Act) that travels for a military purpose or as part of a military operation; and

    • (b) includes a commercial craft (within the meaning of section 4 of the Act) that is chartered for a military purpose or as part of a military operation

    partner means a civil union partner or a de facto partner

    person who previously held a resident visa means a person whose resident visa has expired because he or she has travelled in a way that does not meet the travel conditions of the visa

    prescribed fee has the meaning given in regulation 4A

    visiting force has the meaning given in section 4(1) of the Visiting Forces Act 2004.

    (2) Words and expressions defined in the Act and used, but not defined, in these regulations have the same meaning as in the Act.

    Regulation 4(1) approved form: amended, at 2 am on 29 November 2010, by regulation 5(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 4(1) Armed Forces: inserted, at 2 am on 29 November 2010, by regulation 5(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 4(1) Civil Staff: inserted, at 2 am on 29 November 2010, by regulation 5(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 4(1) dependent child: replaced, on 2 July 2012, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2012 (SR 2012/107).

    Regulation 4(1) dependent child paragraph (b): replaced, on 18 April 2014, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 4(1) military craft: inserted, at 2 am on 29 November 2010, by regulation 5(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 4(1) person who previously held a resident visa: inserted, at 2 am on 29 November 2010, by regulation 5(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 4(1) prescribed fee: inserted, at 2 am on 29 November 2010, by regulation 5(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

4A Meaning of prescribed fee
  • (1) In these regulations, unless the context requires another meaning, prescribed fee means the fee described in the second column of Schedule 4 and—

    • (a) the corresponding amount specified in the third column of that schedule, if the person to whom the fee applies is—

      • (i) in New Zealand at the time the fee is payable; or

      • (ii) is a New Zealand citizen:

    • (b) the corresponding amount specified in the fourth column of that schedule, if the person to whom the fee applies is a citizen of any of the following countries:

      • (i) American Samoa:

      • (ii) Cook Islands:

      • (iii) Fiji:

      • (iv) Kiribati:

      • (v) Marshall Islands:

      • (vi) Micronesia, Federated States of:

      • (vii) Papua New Guinea:

      • (viii) Pitcairn Islands:

      • (ix) Samoa:

      • (x) Solomon Islands:

      • (xi) Tonga:

      • (xii) Tuvalu:

      • (xiii) Vanuatu:

    • (c) the corresponding amount specified in the fifth column of that schedule, if the person to whom the fee applies is a citizen of any other country:

    • (d) the corresponding amount specified in the third, fourth, or fifth column of that schedule that reflects the country of citizenship stated for the matter to which the fee applies, if the person to whom the fee applies holds citizenship of more than 1 country:

    • (e) the corresponding amount specified in the third, fourth, or fifth column of that schedule that reflects the country in which the person resides, if the person to whom the fee applies is the holder of a Palestinian passport.

    (2) Despite subclause (1), the prescribed fee for a citizen of French Polynesia, New Caledonia, Palau, or Guam—

    • (a) for the following matters is the corresponding amount specified in the fourth column of Schedule 4:

      • (i) an application for a residence class visa:

      • (ii) an application to vary the travel conditions on a visa by a person holding a resident visa:

      • (iii) a notification of an expression of interest in applying for a residence class visa:

      • (iv) a request for a special direction; and

    • (b) for any other matter is the corresponding amount specified in the fifth column of that schedule.

    (3) Despite subclause (1), the prescribed fee for a citizen of Australia or Norfolk Island—

    • (a) for a notification of an expression of interest in applying for a residence class visa, a request for a special direction, or an application for a residence class visa is the corresponding amount specified in the third column of Schedule 4, except if the visa application relates to either of the following:

      • (i) an application for a permanent resident visa by a person holding a resident visa; or

      • (ii) an application for a permanent resident visa by a person who previously held a resident visa; and

    • (b) for any other matter (including the exceptions described in paragraph (a)(i) and (ii)) is the corresponding amount specified in the fourth column of that schedule.

    Regulation 4A: inserted, at 2 am on 29 November 2010, by regulation 6 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 4A(1)(b)(x): substituted, on 25 July 2011, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2011 (SR 2011/214).

Part 1
Residence class visas

5 Application requirements
  • (1) This regulation applies to all applications for a residence class visa except the following:

    • (a) certain residence class visa applications where the applicant already holds or has previously held a resident visa, in which case, depending on where the application is made, regulation 6 or 7 applies:

    • (b) an application for a resident visa made at an immigration control area by a citizen of Australia or a person who holds a current permanent residence visa (including a resident return visa) issued by the Government of Australia, in which case regulation 8 applies:

    • (c) an application for a residence class visa that is made online, in which case regulation 23A applies instead.

    (2) An application must be—

    • (a) made on the approved form; and

    • (b) completed in English; and

    • (c) signed by the applicant (unless the applicant is less than 18 years old, in which case it must be signed by a parent or guardian of the applicant); and

    • (d) given to an immigration officer together with the following material:

      • (i) the applicant's passport or certificate of identity or, if that is unavailable, his or her original full birth certificate (or a certified copy) or other identity document (or a certified copy); and

      • (ii) 2 passport-sized photographs of the applicant's head and shoulders; and

      • (iia) the prescribed fee; and

      • (iii) the information and evidence required by the relevant immigration instructions to demonstrate that the applicant fits the category or categories of immigration instructions under which the application is being made; and

      • (iv) any other information, evidence, or submissions that the applicant considers shows that he or she is eligible to be granted a visa in terms of the immigration instructions; and

      • (v) if not supplied under subparagraph (i), the applicant's original full birth certificate (or a certified copy) or, if that is unobtainable, his or her original identity document (or a certified copy).

    (3) The immigration officer processing the application may require the applicant to do 1 or more of the following before determining the application:

    • (a) be interviewed by an immigration officer:

    • (b) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application:

    • (c) undergo a medical examination or another medical examination, as the case may be.

    Regulation 5(1)(c): inserted, on 18 April 2014, by regulation 5 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 5(2)(a): amended, at 2 am on 29 November 2010, by regulation 7(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 5(2)(d)(iia): inserted, at 2 am on 29 November 2010, by regulation 7(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

6 Application requirements for holder or former holder of resident visa
  • (1) This regulation applies to the following applications (except applications that are made online, in which case regulation 23A applies instead):

    • (a) an application for a permanent resident visa by a person holding a resident visa:

    • (b) an application for a permanent resident visa by a person who previously held a resident visa:

    • (c) an application for a resident visa by a person who previously held a resident visa (unless the application is made at an immigration control area, in which case regulation 7 applies instead):

    • (d) an application by a person holding a resident visa to vary the travel conditions of the visa.

    (2) An application must be—

    • (a) made on the approved form; and

    • (b) completed in English; and

    • (c) signed by the applicant (unless the applicant is less than 18 years old, in which case it must be signed by a parent or guardian of the applicant); and

    • (d) given to an immigration officer together with the following material:

      • (i) evidence of the applicant's current or previous resident visa or visas; and

      • (ii) the applicant's passport or certificate of identity or, if that is unavailable, his or her original full birth certificate (or a certified copy) or other identity document (or a certified copy); and

      • (iii) 2 passport-sized photographs of the applicant's head and shoulders; and

      • (iiia) the prescribed fee; and

      • (iv) the information and evidence required by the relevant immigration instructions to demonstrate that the applicant fits the category or categories of immigration instructions under which the application is being made; and

      • (v) any other information, evidence, or submissions that the applicant considers shows that he or she is eligible to be granted a visa in terms of the immigration instructions.

    (3) The immigration officer processing the application may require the applicant to do 1 or both of the following before determining the application:

    • (a) be interviewed by an immigration officer:

    • (b) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application.

    (4) [Revoked]

    Regulation 6(1): amended, on 18 April 2014, by regulation 6 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 6(2)(a): amended, at 2 am on 29 November 2010, by regulation 8(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 6(2)(d)(iiia): inserted, at 2 am on 29 November 2010, by regulation 8(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 6(4): revoked, at 2 am on 29 November 2010, by regulation 8(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

7 Applications at immigration control area for second or subsequent resident visa
  • (1) [Revoked]

    (2) An application for a resident visa by a person who previously held a resident visa may be made at an immigration control area.

    (3) An application must—

    • (a) be made on the approved form; and

    • (b) relate to only 1 person; and

    • (c) be completed in English; and

    • (d) be signed by the applicant; and

    • (e) be given to an immigration officer together with the applicant's passport or certificate of identity.

    (4) Despite subclause (3)(d), if the applicant is less than 18 years old,—

    • (a) the application form must be signed by a parent or guardian of the applicant, if the applicant is accompanied by that person; or

    • (b) the application form is not required to be signed, if the applicant is not accompanied by a parent or guardian.

    (5) The immigration officer processing the application may require the applicant to do 1 or both of the following before determining the application:

    • (a) be interviewed by an immigration officer:

    • (b) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application, including information or evidence demonstrating that the applicant is a person who previously held a resident visa.

    Regulation 7(1): revoked, at 2 am on 29 November 2010, by regulation 9(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 7(3)(a): amended, at 2 am on 29 November 2010, by regulation 9(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 7(4): amended, at 2 am on 29 November 2010, by regulation 9(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 7(5)(b): amended, at 2 am on 29 November 2010, by regulation 9(4) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

8 Applications at immigration control area by Australian citizens and permanent residents for resident visa
  • (1) A citizen of Australia or a person who holds a current permanent residence visa (including a resident return visa) issued by the Government of Australia may apply for a residence class visa at an immigration control area.

    (2) An application must—

    • (a) be made on the approved form; and

    • (b) relate to only 1 person; and

    • (c) be completed in English; and

    • (d) be signed by the applicant; and

    • (e) be given—

      • (i) to an immigration officer together with the applicant's passport or certificate of identity; or

      • (ii) to an automated electronic system together with the applicant's passport.

    (3) Despite subclause (2)(d), if the applicant is less than 18 years old,—

    • (a) the application form must be signed by a parent or guardian of the applicant, if the applicant is accompanied by that person; or

    • (b) the application form is not required to be signed, if the applicant is not accompanied by a parent or guardian.

    (4) The immigration officer processing the application may require the applicant to do 1 or more of the following before determining the application:

    • (a) be interviewed by an immigration officer:

    • (b) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application, including information or evidence demonstrating that the applicant is a person described in subclause (1):

    • (c) undergo a medical examination or another medical examination, as the case may be.

    Regulation 8(2)(a): amended, at 2 am on 29 November 2010, by regulation 10(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 8(2)(e): substituted, at 2 am on 29 November 2010, by regulation 10(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 8(3): amended, at 2 am on 29 November 2010, by regulation 10(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

9 Notification of expression of interest in applying for residence class visa
  • A person must notify his or her interest in obtaining an invitation to apply for a residence class visa by—

    • (a) completing the approved form (in English); and

    • (b) giving the form and the prescribed fee to an immigration officer (either physically or in an electronic form acceptable to the officer).

    Regulation 9(b): amended, at 2 am on 29 November 2010, by regulation 11 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

Part 2
Temporary entry class visas

10 Application requirements other than at immigration control area
  • (1) This regulation applies to all applications for a temporary entry class visa made anywhere other than at an immigration control area, except the following:

    • (a) applications for a temporary entry class visa that must be made online, in which case regulation 12 applies:

    • (ab) applications for a temporary entry class visa made online (other than those that must be made online under regulation 12), in which case regulation 23A applies instead:

    • (b) applications by or on behalf of diplomatic or consular officials, in which case regulation 13 applies.

    (2) An application must—

    • (a) be made on the approved form; and

    • (c) be completed in English; and

    • (d) be signed by the applicant (unless the applicant is less than 18 years old, in which case it must be signed by a parent or guardian of the applicant); and

    • (e) be given to an immigration officer together with the following material:

      • (i) the applicant's passport or certificate of identity or, if that is unavailable, his or her original full birth certificate (or a certified copy) or other identity document (or a certified copy); and

      • (ii) 2 passport-sized photographs of the applicant's head and shoulders; and

      • (iia) the prescribed fee; and

      • (iii) the information and evidence required by the relevant immigration instructions to demonstrate that the applicant fits the category or categories of immigration instructions under which the application is being made; and

      • (iv) any other information, evidence, or submissions that the applicant considers shows that he or she is eligible to be granted a visa in terms of the relevant immigration instructions.

    (3) The immigration officer processing the application may require the applicant to do 1 or more of the following before determining the application:

    • (a) be interviewed by an immigration officer:

    • (b) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application:

    • (c) undergo a medical examination or another medical examination, as the case may be:

    • (d) produce travel tickets to a country that the person has right of entry to or other evidence of onward travel arrangements that the officer thinks necessary for him or her to determine the application:

    • (e) produce evidence of the applicant's funds for maintenance while in New Zealand or evidence of the applicant's sponsorship that the officer thinks necessary for him or her to determine the application.

    Regulation 10(1)(ab): inserted, on 18 April 2014, by regulation 7 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 10(2)(a): amended, at 2 am on 29 November 2010, by regulation 12(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 10(2)(e)(iia): inserted, at 2 am on 29 November 2010, by regulation 12(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

11 Application requirements at immigration control area
  • (1) An application for a temporary entry class visa made at an immigration control area must—

    • (a) be made on the approved form; and

    • (b) relate to only 1 person; and

    • (c) be completed in English; and

    • (d) be signed by the applicant; and

    • (e) be given—

      • (i) to an immigration officer together with the applicant's passport or certificate of identity; or

      • (ii) to an automated electronic system together with the applicant's passport.

    (2) Despite subclause (1)(d), if the applicant is less than 18 years old,—

    • (a) the application form must be signed by a parent or guardian of the applicant, if the applicant is accompanied by that person; or

    • (b) the application form is not required to be signed, if the applicant is not accompanied by a parent or guardian.

    (3) Despite subclause (1)(e), a member of a visiting force (including a member of the civilian component of a visiting force) who arrives on a commercial craft and whose presence in New Zealand is in the ordinary course of his or her duty or employment is only required to give an immigration officer the approved form.

    (4) The immigration officer processing an application may require the applicant to do 1 or more of the following before determining the application:

    • (a) be interviewed by an immigration officer:

    • (b) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application:

    • (c) undergo a medical examination or another medical examination, as the case may be:

    • (d) produce travel tickets to a country that the person has right of entry to or other evidence of onward travel arrangements that the officer thinks necessary for him or her to determine the application:

    • (e) produce evidence of the applicant's funds for maintenance while in New Zealand or evidence of the applicant's sponsorship that the officer thinks necessary for him or her to determine the application.

    Regulation 11(1)(a): amended, at 2 am on 29 November 2010, by regulation 13(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 11(1)(e): substituted, at 2 am on 29 November 2010, by regulation 13(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 11(2): amended, at 2 am on 29 November 2010, by regulation 13(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 11(3): substituted, at 2 am on 29 November 2010, by regulation 13(4) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

12 Applications that must be made online
  • (1) This regulation applies to applications for the following categories of temporary entry class visa:

    • (a) Silver Fern Job Search immigration instructions:

    • (b) all working holiday schemes.

    (1A) However, this regulation does not apply to an application by a holder of a working holiday scheme category of temporary entry class visa for a further visa of the same kind.

    (2) An application must be made—

    • (a) online on an Internet site maintained by or on behalf of the Department; and

    • (b) using the electronic form provided on the site for the purpose.

    (3) Without limiting subclause (2)(b), the electronic form must require the applicant to—

    • (aa) complete the form in English; and

    • (a) state his or her full name; and

    • (b) state his or her date of birth; and

    • (c) state the details of his or her passport or other certificate of identity and, if applicable, confirm that he or she has the appropriate status for the visa category under which the application is being made; and

    • (d) produce the information and evidence required by the relevant working holiday scheme, or immigration instructions, to demonstrate that the applicant fits the category or categories under which the application is being made; and

    • (e) acknowledge that the details supplied in support of the application are true and correct to the best of the applicant's knowledge; and

    • (f) agree that, if the applicant's circumstances change before any visa is granted, the applicant will notify an immigration officer of the change in circumstances; and

    • (g) pay the prescribed fee or arrange for its payment in a manner acceptable to the immigration officer processing the application.

    (4) The immigration officer processing the application may require the applicant to do 1 or more of the following before determining the application:

    • (a) be interviewed by an immigration officer:

    • (b) produce his or her passport or other certificate of identity:

    • (c) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application:

    • (d) produce travel tickets to a country that the person has right of entry to or other evidence of onward travel arrangements that the officer thinks necessary for him or her to determine the application:

    • (e) produce evidence of the applicant's funds for maintenance while in New Zealand or evidence of the applicant's sponsorship that the officer thinks necessary for him or her to determine the application.

    Regulation 12(1): replaced, on 18 April 2014, by regulation 8(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 12(1A): inserted, on 18 April 2014, by regulation 8(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 12(2)(a): replaced, on 18 April 2014, by regulation 8(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 12(3)(aa): inserted, on 18 April 2014, by regulation 8(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 12(3)(c): amended, on 18 April 2014, by regulation 8(4) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 12(3)(f): amended, at 2 am on 29 November 2010, by regulation 14 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 12(3)(g): added, at 2 am on 29 November 2010, by regulation 14 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

13 Applications for diplomatic and consular officials
  • (1) This regulation applies to applications for temporary entry class visas for people who are, for the time being, accorded privileges and immunities under—

    (2) An application must be made by the sending State on the person's behalf—

    • (a) to an immigration officer at an office of the Department; or

    • (b) to the Protocol Division of the Ministry of Foreign Affairs and Trade.

    (3) The application must include the following information about the person (supplied in any appropriate way):

    • (a) his or her full name; and

    • (b) his or her gender; and

    • (c) his or her date and place of birth; and

    • (d) his or her country or countries of citizenship; and

    • (e) his or her passport type, its number, and its expiry date; and

    • (f) his or her diplomatic designation; and

    • (g) the approximate duration of his or her assignment in New Zealand; and

    • (h) if applicable, the proposed date of his or her arrival in New Zealand; and

    • (i) if applicable, the details of his or her officially recognised accompanying family who will form part of his or her household in New Zealand.

    (4) The application must also include the following information (supplied in any appropriate way):

    • (a) the physical address of the diplomatic mission or consular post; and

    • (b) if applicable, the name of the person being replaced.

    Regulation 13(2): replaced, on 18 April 2014, by regulation 9 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

14 Applications for reconsideration of decision to decline further temporary visa
  • (1) An application for reconsideration of a decision to decline a further temporary visa must be—

    • (a) completed in English; and

    • (b) signed by the applicant (unless the applicant is less than 18 years old, in which case it must be signed by a parent or guardian of the applicant); and

    • (c) given to an immigration officer at an office of the Department together with the following material:

      • (i) the applicant's passport or certificate of identity; and

      • (ii) a full explanation of the matters that the applicant wishes to be taken into consideration by the immigration officer (or the Minister, as the case may be) responsible for reconsidering the declined application to which this application relates; and

      • (iii) the prescribed fee for the application.

    (2) The immigration officer (or the Minister) responsible for reconsidering the declined application to which this application relates may, before determining the application, require the applicant to produce further information or evidence (including photographs) that the officer (or the Minister) thinks necessary for him or her to determine the application.

    Regulation 14(1)(c)(ii): amended, at 2 am on 29 November 2010, by regulation 15 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 14(1)(c)(iii): added, at 2 am on 29 November 2010, by regulation 15 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

Part 3
Transit visas

15 Application requirements
  • (1AA) This regulation applies to an application for a transit visa unless the application is made online, in which case regulation 23A applies instead.

    (1) An application must be—

    • (a) made on the approved form; and

    • (b) completed in English; and

    • (c) signed by the applicant (unless the applicant is less than 18 years old, in which case it must be signed by a parent or guardian of the applicant); and

    • (d) given to an immigration officer together with the following material:

      • (i) the applicant's passport or certificate of identity; and

      • (ii) 2 passport-sized photographs of the applicant's head and shoulders; and

      • (iia) the prescribed fee; and

      • (iii) the travel tickets to a country that the person has right of entry to or other evidence of onward travel arrangements that the officer thinks necessary for him or her to determine the application; and

      • (iv) a confirmed travel itinerary that includes arrival and departure times from New Zealand; and

      • (v) a statement of the purpose of the journey to the country of destination; and

      • (vi) any other information or evidence (including photographs) that the applicant considers demonstrates that he or she is a bona fide transit passenger.

    (2) The immigration officer processing the application may require the applicant to do either or both of the following before determining the application:

    • (a) be interviewed by an immigration officer:

    • (b) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application.

    Regulation 15(1AA): inserted, on 18 April 2014, by regulation 10(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 15(1): amended, on 18 April 2014, by regulation 10(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 15(1)(a): amended, at 2 am on 29 November 2010, by regulation 16(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 15(1)(d)(iia): inserted, at 2 am on 29 November 2010, by regulation 16(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

16 People to whom waiver of requirement for transit visa applies
  • The following people are not required to apply for or obtain a transit visa before travelling to and being in New Zealand as a transit passenger (as defined in section 86(7) of the Act):

    • (a) a person who holds a current visa of another class granted under the Act:

    • (b) a person whose immediate or ultimate destination after transiting through New Zealand is Australia and he or she holds a current visa issued by the Government of Australia to enter Australia:

    • (c) a person who is a citizen of any of the following countries:

      • (i) Bahamas:

      • (ii) Bermuda:

      • (iii) Bolivia:

      • (iv) Colombia:

      • (v) Costa Rica:

      • (vi) Ecuador:

      • (vii) Federated States of Micronesia:

      • (viii) Indonesia:

      • (ix) Kiribati:

      • (x) Nauru:

      • (xi) Palau:

      • (xii) Panama:

      • (xiii) Papua New Guinea:

      • (xiv) Paraguay:

      • (xv) Peru:

      • (xvi) Philippines:

      • (xvii) Republic of the Marshall Islands:

      • (xviii) Samoa:

      • (xix) Solomon Islands:

      • (xx) Thailand:

      • (xxi) Tonga:

      • (xxii) Tuvalu:

      • (xxiii) Vanuatu:

      • (xxiv) Venezuela:

    • (d) any of the following people:

      • (i) citizens of Australia and people who hold a current permanent residence visa (including a resident return visa) issued by the Government of Australia:

      • (ii) British citizens and British passport holders who produce evidence of the right to reside permanently in the United Kingdom:

      • (iii) members of, or any person associated with, a scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty (within the meaning of the Antarctica Act 1960) or any person to whom section 5 of that Act applies:

      • (iv) members of a visiting force (including members of the civilian component of the visiting force) and crew members of any craft transporting a visiting force:

      • (v) residents of Hong Kong travelling on Hong Kong Special Administrative Region or British National (Overseas) passports:

      • (va) residents of Macau travelling on Macau Special Administrative Region passports:

      • (vi) permanent residents of Taiwan travelling on Taiwanese passports:

      • (vii) people who are travelling on a United Nations laissez passer that was issued by the Secretariat of the United Nations pursuant to either the United Nations Convention on the Privileges and Immunities of the United Nations, done at New York on 13 February 1946 or the United Nations Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations, done at New York on 21 November 1947:

      • (viii) citizens of the countries specified in paragraph 8(1) to (54) of Schedule 2.

    Regulation 16(d): substituted, at 2 am on 29 November 2010, by regulation 17 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 16(d)(va): inserted, on 30 June 2014, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2014 (LI 2014/176).

17 Holder of transit visa may be in New Zealand for up to 24-hour period
  • A person who holds a transit visa may be in New Zealand for a period not exceeding 24 hours.

Part 4
Other matters relating to visas and visa applications

18 People to whom waiver of requirement for visa permitting travel to New Zealand applies
  • (1) The requirement to hold a visa permitting travel to New Zealand is waived for the people described in Schedule 2.

    (2) To avoid doubt, in order to enter and stay in New Zealand a person to whom this regulation applies must, on arrival, still apply for—

    (3) Subclause (2) applies unless the person is also a person who—

    • (a) is deemed to hold a temporary entry class visa under regulation 19; and

    • (b) is exempt from the requirement to apply, and is deemed to have been granted, entry permission under regulation 25.

19 People deemed to be granted temporary entry class visa
  • (1) The people described in the first column of Schedule 3 are deemed—

    • (a) to have been granted a visa of the type specified in the second column of Schedule 3; and

    • (b) to hold the visa for the period of time specified in the third column of Schedule 3.

    (2) [Revoked]

    Regulation 19(1): amended, at 2 am on 29 November 2010, by regulation 18(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 19(2): revoked, at 2 am on 29 November 2010, by regulation 18(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

20 Applications involving family members
  • (1) An application for a visa may relate to the applicant and—

    • (a) any dependent children of the applicant:

    • (b) the applicant's spouse or partner.

    (2) Subclause (1)(a) applies only if—

    • (a) each dependent child included in the application is less than 25 years old and the applicant is applying other than at an immigration control area for—

      • (i) a residence class visa; or

      • (ii) a variation of travel conditions on a resident visa; or

    • (b) each dependent child included in the application is less than 20 years old and the applicant is applying for—

      • (i) a temporary entry class visa, other than at an immigration control area, that is a temporary visa or a limited visa; or

      • (ii) a transit visa.

    (3) Subclause (1)(b) applies only if the applicant is applying for—

    • (a) a residence class visa or variation of travel conditions on a resident visa other than at an immigration control area; or

    • (b) a temporary entry class visa, other than at an immigration control area, that is a temporary visa or a limited visa; or

    • (c) a transit visa.

    (4) A notification of an expression of interest in applying for a residence class visa may relate to the applicant and—

    • (a) any dependent children of the applicant, but only if each dependent child included in the application is less than 25 years old:

    • (b) the applicant's spouse or partner.

    (5) For the purposes of the application or notification and any relevant immigration instructions,—

    • (a) each person included in the application is an applicant; and

    • (b) the applicant who is declared to be the principal applicant on the application form is deemed to be the principal applicant; and

    • (c) the requirements in relation to the application (including any that an immigration officer may require an applicant to meet before determining an application) must be met in relation to the principal applicant and each applicant, except that—

      • (i) any applicant less than 18 years old is not required to sign the application; and

      • (ii) only 1 fee is required for the application; and

    • (d) evidence of the relationship of each applicant to the principal applicant must be given with the application.

    (6) To avoid doubt, except as provided in this regulation, a child (regardless of age or dependency), spouse, or partner of an applicant for a visa must make a separate application for the appropriate visa and pay the prescribed fee.

    Regulation 20(5)(c): substituted, at 2 am on 29 November 2010, by regulation 19(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 20(6): amended, at 2 am on 29 November 2010, by regulation 19(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

21 Applications made without using approved form
  • (1) This regulation applies to an application for a visa if—

    • (a) a person requests an immigration officer to consider his or her application for a visa without using the approved form to do so, and the immigration officer agrees to the request; or

    • (b) a person on behalf of any other person (agent) requests an immigration officer to consider the person's application for a visa without using the approved form to do so, and the immigration officer agrees to the request (in which case the references in this regulation to the applicant must be read, where appropriate, as references to the applicant's agent).

    (2) The application may be made by the applicant supplying the following information in English and in any way appropriate to the circumstances:

    • (a) his or her full name; and

    • (b) his or her date and place of birth; and

    • (c) details of his or her passport or certificate of identity, including country of citizenship; and

    • (d) the type of visa he or she is applying for; and

    • (e) details of any current or previous visa (or permit, as the case may be) held by him or her; and

    • (f) any other information that he or she considers shows that the visa application should be granted; and

    • (g) the information and evidence that the immigration officer thinks necessary for him or her to determine the application.

    (3) The application must be completed by the applicant—

    • (a) acknowledging that the details supplied in support of the application are true and correct to the best of his or her knowledge; and

    • (b) agreeing that, if his or her circumstances change before any visa is granted, he or she will notify an immigration officer of the change in circumstances; and

    • (ba) paying the prescribed fee or arranging for its payment in a manner acceptable to the immigration officer processing the application (unless the application is made at an immigration control area, in which case no fee is payable); and

    • (c) signing the application (except if the application is made in an electronic format).

    (4) If the applicant is less than 18 years old, subclause (3)(c) does not apply. Instead, the application must be signed by his or her parent or guardian, except if the application is made in an electronic format or at an immigration control area (in which case the form must be signed by the parent or guardian only if the applicant is accompanied by that person).

    (5) The immigration officer processing the application may require the applicant to do 1 or more of the following before determining the application:

    • (a) be interviewed by an immigration officer:

    • (b) undergo a medical examination or another medical examination, as the case may be:

    • (c) produce his or her passport or other certificate of identity:

    • (d) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application:

    • (e) if applicable, produce travel tickets to a country that the person has right of entry to or other evidence of onward travel arrangements that the officer thinks necessary for him or her to determine the application:

    • (f) if applicable, produce evidence of the applicant's funds for maintenance while in New Zealand or evidence of the applicant's sponsorship that the officer thinks necessary for him or her to determine the application.

    (6) An application may relate to—

    • (a) only 1 person; or

    • (b) 1 person and his or her dependent children, spouse or partner, or both, but only if the application is made other than at an immigration control area and either—

      • (i) the application is for a residence class visa or a variation of travel conditions on a resident visa and any dependent children included in the application are less than 25 years old; or

      • (ii) the application is for a temporary entry class visa that is a temporary visa or a limited visa or for a transit visa, and any dependent children included in the application are less than 20 years old.

    (7) For the purposes of an application to which subclause (6) and any relevant immigration instructions apply,—

    • (a) each person included in the application is an applicant; and

    • (b) the applicant who is declared to be the principal applicant on the application form is deemed to be the principal applicant; and

    • (c) the requirements in relation to the application (including any that an immigration officer may require an applicant to meet before determining an application) must be met in relation to the principal applicant and each applicant, except that—

      • (i) any applicant less than 18 years old is not required to sign the application; and

      • (ii) only 1 fee is required for the application; and

    • (d) evidence of the relationship of each applicant to the principal applicant must be given with the application.

    (8) Without limiting the way in which an applicant or an immigration officer may communicate or supply information for the purposes of this regulation, an applicant or officer may communicate or supply information in person, in writing, by telephone, or by fax or other electronic means.

    (9) This regulation is subject to regulation 22.

    Regulation 21(1)(a): amended, at 2 am on 29 November 2010, by regulation 20(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 21(1)(b): amended, at 2 am on 29 November 2010, by regulation 20(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 21(3)(ba): inserted, at 2 am on 29 November 2010, by regulation 20(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 21(7)(c): substituted, at 2 am on 29 November 2010, by regulation 20(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

22 Immigration officer may refuse to consider or continue considering application made under regulation 21
  • (1) Despite regulation 21(1) being satisfied in relation to an application for a visa, an immigration officer may, at any time before a visa is granted as a result of the application, refuse to consider the application, or continue to consider the application, and inform the applicant that if he or she wishes to pursue the application, he or she must do so using the approved form.

    (2) If subclause (1) applies,—

    • (a) the application made under regulation 21 must be treated as not having been made; and

    • (b) the applicant must apply for the visa in the normal way in accordance with the other provisions of these regulations and using the approved form; and

    • (c) any prescribed fee paid in relation to the application under regulation 21 must be refunded or applied towards any application made in accordance with paragraph (b).

    Regulation 22(1): amended, at 2 am on 29 November 2010, by regulation 21(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 22(2)(b): amended, at 2 am on 29 November 2010, by regulation 21(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 22(2)(b): amended, at 2 am on 29 November 2010, by regulation 21(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 22(2)(c): added, at 2 am on 29 November 2010, by regulation 21(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

23 Applications for visas not otherwise provided for in these regulations
  • (1) This regulation applies if—

    • (a) a person wishes to apply for a visa; and

    • (b) the requirements to apply for the particular visa or circumstances in which the application for the particular visa is to be made are not provided for elsewhere in these regulations.

    (2) The Minister may, by special direction, require that the application be made in accordance with whichever of these regulations as appears to the Minister to be most appropriate, and those regulations apply accordingly, with any necessary modifications.

23A Applications that may be made online
  • (1) The following applications may be made online if electronic forms have been provided for the purpose on an Internet site maintained by or on behalf of the Department:

    • (a) an application for a residence class visa to which regulation 5 would otherwise apply:

    • (b) an application by a holder, or former holder, of a resident visa to which regulation 6 would otherwise apply:

    • (c) an application for a temporary entry class visa to which regulation 10 would otherwise apply:

    • (d) an application for a transit visa to which regulation 15 would otherwise apply:

    • (e) an application for confirmation of a person's immigration status to which regulation 32 would otherwise apply:

    • (f) an application for endorsement of New Zealand citizenship in a foreign passport to which regulation 33 would otherwise apply.

    (2) Subclauses (3) to (5) apply to an application made online in accordance with subclause (1).

    (3) The application must be made using the electronic form provided.

    (4) Without limiting subclause (3), the electronic form must require the applicant to—

    • (a) complete the form in English; and

    • (b) state his or her full name; and

    • (c) state his or her date and place of birth; and

    • (d) state the details of his or her passport or certificate of identity; and

    • (e) upload a photograph of the applicant's head and shoulders that complies with the standards specified for the purpose by the Department (unless the form relates to an application referred to in subclause (1)(e) or (f)); and

    • (f) produce the information and evidence required by immigration instructions to demonstrate he or she fits the category under which he or she is applying; and

    • (g) acknowledge that the details supplied in support of the application are true and correct to the best of the applicant's knowledge; and

    • (h) agree that, if his or her circumstances change before any visa is granted, or before the application is determined, the applicant will notify an immigration officer of the change; and

    • (i) pay the prescribed fee or arrange for its payment in a manner acceptable to the immigration officer processing the application.

    (5) The immigration officer processing the application may require the applicant to do 1 or more of the following before the immigration officer determines the application:

    • (a) be interviewed by an immigration officer:

    • (b) produce his or her passport or other certificate of identity:

    • (c) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application:

    • (d) produce travel tickets to a country that the applicant has right of entry to, or other evidence of the applicant's onward travel arrangements, that the officer thinks necessary for the officer to determine the application:

    • (e) produce evidence of the applicant's funds for maintenance while in New Zealand, or evidence of sponsorship of the applicant, that the officer thinks necessary for the officer to determine the application.

    Regulation 23A: inserted, on 18 April 2014, by regulation 11 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

Part 5
Entry permission

24 Application requirements
  • (1) An application for entry permission must be made at an immigration control area.

    (2) An application must—

    • (a) be made on the approved form; and

    • (b) relate to only 1 person; and

    • (c) be completed in English; and

    • (d) be signed by the applicant; and

    • (e) be given—

      • (i) to an immigration officer together with the applicant's passport or certificate of identity and evidence of any visa that the applicant holds; or

      • (ii) to an automated electronic system together with the applicant's passport and evidence of any visa that the applicant holds.

    (3) Despite subclause (2)(d), if the applicant is less than 18 years old,—

    • (a) the application form must be signed by a parent or guardian of the applicant, if the applicant is accompanied by that person; or

    • (b) the application form is not required to be signed, if the applicant is not accompanied by a parent or guardian.

    (4) Despite subclause (2)(e), the following people are only required to give an immigration officer the approved form:

    • (a) a member of the Armed Forces (including Civil Staff) who holds a residence class visa and who arrives in New Zealand on a commercial craft in the ordinary course of his or her duty or employment:

    • (b) a member of a visiting force (including a member of the civilian component of a visiting force), who arrives in New Zealand on a commercial craft and whose presence in New Zealand is in the ordinary course of his or her duty or employment.

    (5) The immigration officer processing an application may require the applicant to do 1 or more of the following before determining the application:

    • (a) be interviewed by an immigration officer:

    • (b) produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application:

    • (c) undergo a medical examination or another medical examination, as the case may be.

    Regulation 24(2)(a): amended, at 2 am on 29 November 2010, by regulation 22(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 24(2)(e): substituted, at 2 am on 29 November 2010, by regulation 22(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 24(3): amended, at 2 am on 29 November 2010, by regulation 22(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 24(4): substituted, at 2 am on 29 November 2010, by regulation 22(4) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

25 Exemptions from requirement to apply for entry permission
  • The following people are exempt from the requirement to apply for entry permission and deemed to have been granted entry permission on their arrival in New Zealand:

    • (a) the people described in the first column of Schedule 3; and

    • (b) a member of the Armed Forces (including Civil Staff) who holds a residence class visa and who, in the ordinary course of his or her duty or employment, is travelling to New Zealand on a military craft; and

    • (c) a crew member of a military craft who holds a residence class visa and who, in the ordinary course of his or her duty or employment, is transporting members of the Armed Forces to New Zealand.

    Regulation 25: substituted, at 2 am on 29 November 2010, by regulation 23 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

Part 6
Miscellaneous matters

26AA Prescribed fees (not imposed elsewhere by these regulations)
  • A prescribed fee is imposed for the following matters:

    • (a) a request for a special direction:

    • (b) the grant of a residence class or temporary entry class visa under section 61 of the Act:

    • (c) an application for variation of conditions imposed on any type of temporary entry class visa:

    • (d) a request under immigration instructions by an employer for approval in principle to recruit overseas workers under Essential Skills Category immigration instructions:

    • (da) a request under immigration instructions by an employer for approval in principle to recruit overseas workers under foreign crew of fishing vessels instructions:

    • (e) a request under immigration instructions for supplementary seasonal employment approval in principle:

    • (f) a call-out fee where an office of the Department is opened outside normal working hours in order to process an immigration matter:

    • (g) registration under the Refugee Family Support Category immigration instructions:

    • (h) an employer accreditation in respect of talent work immigration instructions:

    • (i) a reconsideration of an application from an employer for accreditation under Talent (Employer Accreditation) immigration instructions:

    • (ia) an entertainment industry accreditation in respect of specific purpose or events immigration instructions:

    • (j) a request for recognised seasonal employer status under Recognised Seasonal Employer work immigration instructions:

    • (k) an agreement to recruit under Recognised Seasonal Employer work immigration instructions:

    • (l) consideration of the first or any subsequent, or a change of, business plan in relation to a person within an investor category of immigration instructions.

    Regulation 26AA: inserted, at 2 am on 29 November 2010, by regulation 24 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 26AA(c): replaced, on 19 February 2013, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2013 (SR 2013/6).

    Regulation 26AA(da): inserted, on 5 July 2012, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2012 (SR 2012/117).

    Regulation 26AA(da): amended, on 18 April 2014, by regulation 12 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 26AA(ia): inserted, on 30 April 2012, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2012 (SR 2012/36).

26AAB Exemptions from or reductions in prescribed fees
  • (1) Despite anything to the contrary in these regulations, a prescribed fee is not payable by—

    • (a) a citizen of any country with which New Zealand maintains a reciprocal fee-waiver agreement in respect of the prescribed fee; or

    • (c) a person applying under the Special Category for Victims of People Trafficking immigration instructions for a residence class visa or a temporary entry class visa.

    (2) Despite anything to the contrary in these regulations, a prescribed fee is not payable by a Fijian citizen who applies for a transit visa.

    (3) Despite anything to the contrary in these regulations, a prescribed fee is not payable for—

    • (a) an application for a visa under Skilled Migrant Category Job Search immigration instructions; or

    • (b) an application for a visa that is associated with an application to which paragraph (a) applies.

    (4) The prescribed fee for the following applications for a residence class visa specified in Schedule 4 is reduced by NZ$92:

    • (a) an application by a citizen of Samoa except if the application relates to the Samoan Quota scheme immigration instructions or a visa granted under section 61 of the Act:

    • (b) an application associated with the Victims of Domestic Violence immigration instructions:

    • (c) an application by a person who, on a previous application, made on or after 1 July 2003, has already paid the fee specified in—

      • (i) Schedule 4 in respect of a temporary visa (Long-term Business); or

      • (ii) Schedule 4 in respect of a temporary visa (work visa under Work Partnership/Work to Residence: Talent (Arts, Culture, and Sports), Talent (Employer Accreditation), or Talent (Long-term Skills Shortage List) immigration instructions); or

      • (iii) item 7(d)(i), (e)(i), or (h) of Part 1 of Schedule 3 of the Immigration Regulations 1999.

    (5) The prescribed fee specified in Schedule 4 for an application for a temporary visa (Entrepreneur Work Visa) or a temporary work visa under Work Partnership/Work to Residence (Talent (Arts, Culture, and Sports), Talent (Employer Accreditation), or Talent (Long-term Skills Shortage List)), is reduced by NZ$92 in the following cases:

    • (a) where the application is made by a person who, on a previous application, made on or after 1 July 2003, paid that fee or the fee specified in item 7(d)(i), (e)(i), or (h) of Part 1 of Schedule 3 of the Immigration Regulations 1999:

    • (b) where the application is made by a citizen of Samoa.

    (6) A person to whom subclause (4) or (5) applies and who satisfies more than 1 of the criteria for a reduction in the prescribed fee is only entitled to a single fee reduction of NZ$92.

    Regulation 26AAB: inserted, at 2 am on 29 November 2010, by regulation 24 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 26AAB(3)(a): amended, on 25 July 2011, by regulation 5 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2011 (SR 2011/214).

    Regulation 26AAB(5): amended, on 24 March 2014, by regulation 13 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

26AAC Cash payments of prescribed fees
  • A prescribed fee may be paid in cash only at the offices of the Department situated in Beijing, Dubai, Jakarta, Moscow, and Shanghai. However, the Minister may, by special direction, accept payment of a prescribed fee in cash at any other office.

    Regulation 26AAC: inserted, at 2 am on 29 November 2010, by regulation 24 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

26 Migrant levy
  • (1) A migrant levy of NZ$310 is payable by every person who is granted a residence class visa—

    • (a) at any time and place other than on arrival in New Zealand at an immigration control area; and

    • (b) in accordance with any category of immigration instructions; and

    • (c) whether the person was an applicant for the visa in his or her own right or included in another person's application.

    (2) However, for the following people, the migrant levy is NZ$155:

    • (a) a person described in subclause (1) who is—

      • (i) granted a resident visa; and

      • (ii) less than 5 years old:

    • (b) a person described in subclause (1) who is granted a resident visa under the Pacific Access Category immigration instructions.

    (3) Despite subclauses (1) and (2), the maximum total migrant levy payable for a group of people who have been granted visas as a result of a single visa application is the sum of the amounts payable by the 4 oldest people included in the application.

    (4) To avoid doubt, the migrant levy payable in accordance with this regulation is in addition to any other amount payable for the application for the relevant visa (or visas), or the granting of the relevant visa (or visas), or both.

    (5) This regulation applies to a person unless—

    • (a) the Minister provides otherwise by way of special direction; or

    • (b) the person is exempt from the requirement to pay the levy under regulation 28.

    (6) [Revoked]

    Regulation 26(1): amended, at 2 am on 29 November 2010, by regulation 25(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 26(2): amended, at 2 am on 29 November 2010, by regulation 25(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 26(2)(b): amended, at 2 am on 29 November 2010, by regulation 25(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 26(5): substituted, at 2 am on 29 November 2010, by regulation 25(4) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 26(6): revoked, at 2 am on 29 November 2010, by regulation 25(4) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

27 Migrant levy must be deposited with chief executive before visa granted
  • The migrant levy payable under regulation 26 must be deposited with the chief executive before the relevant visa is granted to the person concerned.

28 Exemption from payment of migrant levy
  • The following people are exempt from paying the migrant levy imposed under regulation 26:

    • (a) a person who has previously paid a migrant levy:

    • (b) a citizen of Samoa granted a residence class visa under any of the following categories of immigration instructions:

      • (i) the Samoan Quota scheme:

      • (ii) the Special Quota Places Category:

      • (iii) a family category:

    • (c) a refugee or a protected person granted a residence class visa:

    • (d) a person granted a residence class visa on the basis of his or her relationship with a person described in paragraph (c):

    • (e) a person granted a residence class visa under the Special Category for Victims of Domestic Violence:

    • (f) a person granted a residence class visa under the Special Category for Victims of People Trafficking immigration instructions.

    Regulation 28(b): amended, at 2 am on 29 November 2010, by regulation 26(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 28(b)(iii): amended, at 2 am on 29 November 2010, by regulation 26(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 28(f): added, at 2 am on 29 November 2010, by regulation 26(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

28A Prescribed fees and migrant levy inclusive of GST
  • The prescribed fees and the migrant levy imposed by these regulations are inclusive of goods and services tax.

    Regulation 28A: inserted, at 2 am on 29 November 2010, by regulation 27 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

28B Obligations of New Zealand citizens arriving in New Zealand at immigration control area
  • (1) A New Zealand citizen who enters New Zealand as a New Zealand citizen at an immigration control area must have his or her New Zealand citizen status confirmed—

    • (a) by giving an immigration officer—

      • (i) a New Zealand passport; or

      • (ii) a foreign passport containing an endorsement of a type described in section 384(1) of the Act; or

      • (iii) a foreign passport containing a returning resident's visa (within the meaning of section 2(1) of the Immigration Act 1987); or

    • (b) by giving an automated electronic system a New Zealand passport.

    (2) Despite subclause (1), a New Zealand citizen arriving on a commercial craft who enters New Zealand at an immigration control area as a New Zealand citizen acting in the ordinary course of his or her duty or employment with the Armed Forces (including Civil Staff) must have his or her New Zealand citizen status confirmed—

    • (a) by giving an immigration officer a passport described in subclause (1)(a) or his or her military orders or military identity card; or

    • (b) by giving an automated electronic system a New Zealand passport.

    Regulation 28B: inserted, at 2 am on 29 November 2010, by regulation 27 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

28C Exemption from obligation to present to immigration officer when arriving in New Zealand at immigration control area
  • The following people who arrive in New Zealand at an immigration control area are exempt from the requirement to present themselves to an immigration officer:

    • (a) the people described in the first column of Schedule 3:

    • (b) members of the Armed Forces (including Civil Staff) acting in the ordinary course of their duty or employment who arrive on a military craft:

    • (c) crew members of a military craft carrying members of the Armed Forces (including Civil Staff):

    • (e) a New Zealand citizen who complies with regulation 28B(1)(b) or (2)(b), unless the automated electronic system indicates that the person must present himself or herself to an immigration officer.

    Regulation 28C: inserted, at 2 am on 29 November 2010, by regulation 27 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

29 Obligations of people arriving in New Zealand at place other than immigration control area
  • (1) Subclause (2) applies to a person who—

    • (a) arrives in New Zealand at a place other than an immigration control area; and

    • (b) has not been granted a visa or entry permission.

    (2) The person must report to an immigration officer at an immigration control area no later than 72 hours after arriving in New Zealand and apply for a visa or entry permission, as the case may be, in accordance with the relevant provisions of these regulations.

    (3) The following people are exempt from the requirements of this regulation:

    • (a) the people described in the first column of Schedule 3:

    • (b) members of the Armed Forces (including Civil Staff) acting in the ordinary course of their duty or employment who arrive on a military craft:

    • (c) crew members of a military craft carrying members of the Armed Forces (including Civil Staff):

    • (d) a person exempted by special direction.

    Regulation 29(3): substituted, at 2 am on 29 November 2010, by regulation 28 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

30 People leaving New Zealand who are exempt from presenting themselves to immigration officer
  • The following people are exempt from the requirement to present themselves to an immigration officer before leaving New Zealand:

    • (a) the people described in the first column of Schedule 3:

    • (b) a member of the Armed Forces (including Civil Staff), if—

      • (i) the person's departure from New Zealand is in the ordinary course of his or her duty or employment; and

      • (ii) the person departs on a military craft:

    • (c) crew members of military craft carrying members of the Armed Forces (including Civil Staff):

    • (d) people leaving New Zealand by means of an automated electronic system, unless the automated electronic system indicates that a person must present himself or herself to an immigration officer.

    Regulation 30: substituted, at 2 am on 29 November 2010, by regulation 29 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 30(d): inserted, on 18 April 2014, by regulation 14 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

31 People leaving New Zealand must complete approved form
  • (1) Each person leaving New Zealand must complete the approved form.

    (2) The approved form must be—

    • (a) given to an immigration officer together with—

      • (i) the person's passport or certificate of identity; or

      • (ii) if the person is a member of the Armed Forces (including Civil Staff) acting in the ordinary course of his or her duty or employment who is departing on a commercial craft, the person's passport, certificate of identity, military orders, or military identity card; or

    • (b) presented to an automated electronic system together with the person's passport.

    (3) Despite subclause (2)(a)(ii), a member of a visiting force (including a member of the civilian component of the visiting force) departing on a commercial craft is only required to give an immigration officer the approved form.

    (4) The following people are exempt from the requirements of this regulation:

    • (a) the people described in the first column of Schedule 3:

    • (b) members of the Armed Forces (including Civil Staff) acting in the ordinary course of their duty or employment who depart on a military craft:

    • (c) crew members of military craft carrying members of the Armed Forces (including Civil Staff):

    • (d) a person exempted by special direction.

    Regulation 31: substituted, at 2 am on 29 November 2010, by regulation 29 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 31(2): replaced, on 18 April 2014, by regulation 15(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 31(3): amended, on 18 April 2014, by regulation 15(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

32 Application for confirmation of immigration status
  • (1) A person may obtain an endorsement (to confirm his or her immigration status) in either of the following circumstances:

    • (a) the person wants his or her passport or certificate of identity to be endorsed; or

    • (b) the person wants an endorsement to be transferred to a new passport or certificate of identity.

    (2) A person must make an application on an approved form.

    (3) An application must be given to an immigration officer at an office of the Department together with the following material:

    • (a) the applicant's passport or certificate of identity; and

    • (b) if applicable, any previous or expired passport or certificate of identity; and

    • (c) evidence of the applicant's current visa; and

    • (d) the prescribed fee.

    (3A) However, subclause (3) does not apply to an application that is made online, in which case regulation 23A applies instead.

    (4) The immigration officer processing the application may before determining the application require the applicant to produce further information or evidence (including photographs) that the officer thinks necessary for him or her to determine the application.

    Regulation 32(3)(c): amended, at 2 am on 29 November 2010, by regulation 30 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 32(3)(d): added, at 2 am on 29 November 2010, by regulation 30 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 32(3A): inserted, on 18 April 2014, by regulation 16 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

33 Application for endorsement of New Zealand citizenship in foreign passport
  • (1AA) This regulation applies to an application for endorsement of New Zealand citizenship in a foreign passport (unless the application is made online, in which case regulation 23A applies instead).

    (1) A first-time application for endorsement of New Zealand citizenship in a foreign passport must—

    • (a) be made on an approved form; and

    • (b) relate to only 1 person; and

    • (c) be completed in English; and

    • (d) be signed by the applicant (unless the applicant is less than 18 years old, in which case the application form must be signed by a parent or guardian of the applicant); and

    • (e) be given to an immigration officer together with the following material:

      • (i) the applicant's passport that he or she wishes to be endorsed; and

      • (ia) the prescribed fee; and

      • (ii) one of the following as evidence that he or she is a New Zealand citizen:

        • (A) an original or a certified copy of a New Zealand passport; or

        • (B) an original or a certified copy of a New Zealand birth certificate issued before 1 January 2006; or

        • (C) an original or a certified copy of a New Zealand birth certificate issued on or after 1 January 2006 that positively indicates the holder of the certificate has New Zealand citizenship; or

        • (D) an original or a certified copy of a certificate of New Zealand citizenship issued under the Citizenship Act 1977; or

        • (E) an original or a certified copy of a certificate of confirmation of New Zealand citizenship by descent issued under the Citizenship Act 1977; or

        • (F) an original or a certified copy of an evidentiary certificate issued under the Citizenship Act 1977 confirming New Zealand citizenship.

    (2) A second or subsequent application for an endorsement of New Zealand citizenship in a foreign passport must—

    • (a) be made on an approved form; and

    • (b) relate to only 1 person; and

    • (c) be completed in English; and

    • (d) be signed by the applicant (unless the applicant is less than 18 years old, in which case the application form must be signed by a parent or guardian of the applicant); and

    • (e) be given to an immigration officer together with the following material:

      • (i) the applicant's passport that he or she wishes to be endorsed; and

      • (ia) the prescribed fee; and

      • (ii) a declaration that he or she has previously held a foreign passport with an endorsement confirming New Zealand citizenship.

    Regulation 33(1AA): inserted, on 18 April 2014, by regulation 17 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

    Regulation 33(1)(e)(ia): inserted, at 2 am on 29 November 2010, by regulation 31(1) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Regulation 33(2)(e)(ia): inserted, at 2 am on 29 November 2010, by regulation 31(2) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

34 Minister may waive regulation requirements by special direction
  • (1) The Minister may waive the following matters provided for by these regulations by special direction:

    • (a) 1 or more of the requirements for applying for a visa (whether at an immigration control area or otherwise):

    • (b) 1 or more of the requirements for applying for a second or subsequent resident visa:

    • (c) 1 or more of the requirements for varying conditions of travel for a resident visa:

    • (d) 1 or more of the requirements for notifying an expression of interest in applying for a residence class visa:

    • (e) 1 or more of the requirements for applying for entry permission:

    • (f) any matter relating to an endorsement of New Zealand citizenship in a New Zealand citizen's foreign passport.

    (2) A special direction may apply in respect of either—

    • (a) a particular person; or

    • (b) 2 or more particular people where by reason of any specific event, occurrence, or unusual circumstances, there is a common link between those people.

    (3) To avoid doubt, subclause (1) is in addition to any express power in the Act or these regulations that authorises the Minister to give a special direction.

    Regulation 34(3): amended, at 2 am on 29 November 2010, by regulation 32 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).


Schedule 1
Temporary entry class visas for which application must be made online

r 12(1), (3)(c)

[Revoked]

  • Schedule 1: revoked, on 18 April 2014, by regulation 18 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

Schedule 2
People to whom waiver to travel to New Zealand applies

rr 16(d)(viii), 18(1)

  • Schedule 2 heading: amended, at 2 am on 29 November 2010, by regulation 33 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

  • 1 Citizens of Australia and people who hold a current permanent residence visa (including a resident return visa) issued by the Government of Australia.

  • 2 British citizens and British passport holders who produce evidence of the right to reside permanently in the United Kingdom, but only if—

    • (a) the person concerned is seeking a temporary visa that is current for no more than 6 months; and

    • (b) the purpose of the visit does not include medical consultation or treatment.

  • 3 Members of, or any person associated with, a scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty (within the meaning of the Antarctica Act 1960) or any person to whom section 5 of that Act applies, but only if—

    • (a) the person concerned is seeking a temporary entry class visa; and

    • (b) the application is made at an immigration control area.

  • 4 Each member of a visiting force (including a member of the civilian component of the visiting force), but only if—

    • (a) each person is travelling to New Zealand in the ordinary course of the person's duty or employment; and

    • (b) each person is seeking a temporary entry class visa at an immigration control area; and

    • (c) the craft transporting the visiting force is a commercial craft.

  • 5 Residents of Hong Kong travelling on Hong Kong Special Administrative Region or British National (Overseas) Passports, but only if—

    • (a) the person concerned is seeking a temporary visa that is current for no more than 3 months; and

    • (b) the purpose of the visit does not include medical consultation or treatment.

  • 5A Residents of Macau travelling on Macau Special Administrative Region passports, but only if—

    • (a) the person concerned is seeking a temporary visa that is current for no more than 3 months; and

    • (b) the purpose of the visit does not include medical consultation or treatment.

    Schedule 2 clause 5A: inserted, on 30 June 2014, by regulation 5 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2014 (LI 2014/176).

  • 6 Permanent residents of Taiwan travelling on Taiwanese passports, but only if—

    • (a) the person concerned is seeking a temporary visa that is current for no more than 3 months; and

    • (b) the purpose of the visit does not include medical consultation or treatment.

  • 7 People—

    • (a) who are seeking a temporary visa current for no more than 3 months; and

    • (b) who are travelling on a United Nations laissez passer that was issued by the Secretariat of the United Nations pursuant to either the—

      • (i) United Nations Convention on the Privileges and Immunities of the United Nations, done at New York on 13 February 1946; or

      • (ii) United Nations Convention on the Privileges and Immunities of the Specialised Agencies of the United Nations, done at New York on 21 November 1947.

  • 8 Citizens of the following countries, but only if the person concerned is seeking entry permission and a temporary visa that is current for no more than 3 months and the purpose of the visit does not include medical consultation or treatment:

    • (1) Andorra, Principality of:

    • (2) Argentina:

    • (3) Austria:

    • (4) Bahrain:

    • (5) Belgium:

    • (6) Brazil:

    • (7) Brunei:

    • (8) Bulgaria:

    • (9) Canada:

    • (10) Chile:

    • (10A) Croatia:

    • (11) Cyprus:

    • (12) Czech Republic:

    • (13) Denmark:

    • (14) Estonia:

    • (15) Finland:

    • (16) France:

    • (17) Germany:

    • (18) Greece:

    • (19) Hungary:

    • (20) Iceland:

    • (21) Ireland:

    • (22) Israel:

    • (23) Italy:

    • (24) Japan:

    • (25) Korea, Republic of:

    • (26) Kuwait:

    • (27) Latvia:

    • (28) Liechtenstein:

    • (29) Lithuania:

    • (30) Luxembourg:

    • (31) Malaysia:

    • (32) Malta:

    • (33) Mexico:

    • (34) Monaco:

    • (35) Netherlands:

    • (36) Norway:

    • (37) Oman:

    • (38) Poland:

    • (39) Portugal (having the right of permanent residence in Portugal):

    • (40) Qatar:

    • (41) Romania:

    • (42) San Marino, Republic of:

    • (43) Saudi Arabia:

    • (44) Singapore:

    • (45) Slovak Republic:

    • (46) Slovenia:

    • (47) South Africa, Republic of:

    • (48) Spain:

    • (49) Sweden:

    • (50) Switzerland:

    • (51) United Arab Emirates:

    • (52) United States of America (including Nationals of USA):

    • (53) Uruguay:

    • (54) Vatican City, State of the.

    Schedule 2 paragraph 4: substituted, at 2 am on 29 November 2010, by regulation 33(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

    Schedule 2 paragraph 8(10A): inserted, on 1 July 2013, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2013 (SR 2013/229).

Schedule 3
People deemed to hold visa and have been granted entry permission

rr 19(1), 25, 29(3)(a), 30(a), 31

  • Schedule 3 heading: amended, on 18 April 2014, by regulation 19 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

Class of person Type of temporary entry class visa person deemed to hold Period of stay in New Zealand permitted while holding deemed visa

Crew on a ship carrying passengers, cargo, or both (in the ordinary course of business of the ship) between any foreign port and New Zealand

 Temporary visa 

Until the earlier of—

  • (a) the day and time the ship is given clearance to leave its last port of entry in New Zealand for that voyage; or

  • (b) the expiry of 28 days (calculated on and from the day the ship arrives at its first port of entry in New Zealand on that voyage)

Passengers on a ship carrying passengers, cargo, or both (in the ordinary course of business of the ship) between any foreign port and New Zealand

 Temporary visa 

Until the earlier of—

  • (a) the day and time the ship is given clearance to leave its last port of entry in New Zealand for that voyage; or

  • (b) the expiry of 28 days (calculated on and from the day the ship arrives at its first port of entry in New Zealand on that voyage)

Crew on a foreign ship authorised by the Minister of Transport under section 198(2) of the Maritime Transport Act 1994 to carry coastal cargo (within the meaning of subsection (6) of that section)

 Temporary visa 28 days (the first day being the day on which the ship first arrives in New Zealand)

Aircraft crew on a commercial aircraft flying between any other country and New Zealand

 Temporary visa 7 days (the first day being the day on which the aircraft first arrives in New Zealand)

Members of a visiting force (including members of the civilian component of the visiting force) travelling to and arriving in New Zealand—

  • (a) in the ordinary course of their duty or employment; and

  • (b) on a military craft

 Temporary visa 

Until the earlier of—

  • (a) the day that the holder ceases to be a member of the visiting force; or

  • (b) the day that the holder’s duty or employment in New Zealand finishes

Each crew member of a military craft who, in the ordinary course of his or her duty or employment, is transporting members of a visiting force (including members of the civilian component of the visiting force) to New Zealand

 Temporary visa 

Until the earlier of—

  • (a) the day that the holder ceases to be a crew member of a military craft transporting a visiting force; or

  • (b) the day that the holder’s duty or employment in New Zealand finishes

Members of, or any person associated with, any scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty within the meaning of the Antarctica Act 1960, or any person to whom section 5 of that Act applies, who have entered the Ross Dependency from a foreign country

 Temporary visa 

Duration of visit in Ross Dependency

Members of, or any person associated with, any scientific programme or expedition under the auspices of a Contracting Party to the Antarctic Treaty within the meaning of the Antarctica Act 1960, or any person to whom section 5 of that Act applies, who—

  • (a) have entered the Ross Dependency from a foreign country; and

  • (b) subsequently travel to another area of New Zealand

 Temporary visa 

3 months from the day of arrival in New Zealand territory other than the Ross Dependency

Guests of the Government granted a visa waiver to travel to New Zealand by special direction

 Temporary visa 3 months (the first day being the day of the person's arrival in New Zealand)
  • Schedule 3: amended, at 2 am on 29 November 2010, by regulation 34 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

Schedule 4
Fees

r 4A

  • Schedule 4: replaced, on 2 July 2012, by regulation 5 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 2) 2012 (SR 2012/107).

Regulation under which fee prescribed Matter for which fee prescribed Fee (NZ$)
  New Zealand Pacific  Rest of World
5(1) and (2)(d)(iia) 

Residence class visa application—Skilled Migrant Category

 1,810 1,550 2,400
  

Residence class visa application—Investor Plus (Investor 1 Category)

 4,100 3,990 3,990
  

Residence class visa application—Investor (Investor 2 Category)

 4,100 3,990 3,990
  

Residence class visa application—Entrepreneur Residence Category

 3,200 3,200 3,200
  

Residence class visa application—Family Category

 930 930 1,600
  

Residence class visa application—Samoan Quota scheme

 710 690  
  

Residence class visa application—Pacific Access Category

 770 750  
  

Residence class visa application—Refugee Family Support Category

 580 570 800
  

Residence class visa application—Residence from Work Category

 930    
 
  

Residence class visa application—Parent Retirement Category

 3,200 3,200 3,200
  

Residence class visa application—any other residence category

 930 930 1,600
6(1)(a) and (2)(d)(iiia) 

Permanent resident visa application by person holding resident visa

 180 180 180
6(1)(b) and (2)(d)(iiia) 

Permanent resident visa application by person who previously held resident visa

 180 180 180
6(1)(c) and (2)(d)(iiia) 

Resident visa application by person who previously held resident visa

 180 180 180
6(1)(d) and (2)(d)(iiia) 

Variation of travel conditions of visa by person holding resident visa

 180 180 180
9(b) 

Notification of expression of interest in applying for residence class visa—Skilled Migrant Category (physical)

 650 650 650
  

Notification of expression of interest in applying for residence class visa—Skilled Migrant Category (electronic)

 510 510 510
  

Notification of expression of interest in applying for residence class visa—Investor 2 Category

 595 595 595
  

Notification of expression of interest in applying for residence class visa—Parent Category (physical)

 420 420 420
  

Notification of expression of interest in applying for residence class visa—Parent Category (electronic)

 330 330 330
  

Notification of expression of interest in applying for residence class visa—Pacific Access Category (first year of notification)

 70 70 70
  

Notification of expression of interest in applying for residence class visa—Pacific Access Category (subsequent year of notification)

 30 30 30
10(1) and (2)(e)(iia) 

Temporary visa application—visitor visa

 165 130 165
  

Temporary visa application—student visa

 250 195 270
  

Temporary entry class visa application—limited visa: limited student visa

 250 195 270
  

Temporary entry class visa application—limited visa: limited visa for recognised seasonal employer

 270 230 270
  

Temporary entry class visa application—limited visa: any other category

 165 130 165
  

Temporary visa application—student visa made online by education provider

 95    
  

Temporary visa application—work visa under Work Partnership/Work to Residence (Talent (Arts, Culture, and Sports), Talent (Employer Accreditation), or Talent (Long-term Skills Shortage List)

 360 360 360
  

Temporary visa application—work visa under working holidaymaker extension

 165   165
  

Temporary visa application—work visa under any other category of immigration instruction (physical)

 270 230 270
  

Temporary visa application—work visa under any other category of immigration instruction (electronic)

 230 230 230
  

Temporary visa application—Entrepreneur Work Visa

 3,200 2,700 3,200
  

Temporary visa application— group visitor visa per person (made offshore only): Beijing, Shanghai, Taipei

     80
  

Temporary visa application— group visitor visa per person (made offshore only): Bangkok (Thai citizens only)

     80
  

Temporary visa application— group visitor visa per person (made offshore only): approved destination status (China)

     50
  

Temporary visa application— group visitor visa per person (made offshore only): other

 80 80 80
  

Temporary visa application— Retirement Category visitor visa

 3,200 3,200 3,200
10(1)(a), 12(1) and (3)(g) 

Temporary visa application—work visa under working holiday scheme

 165   165
14(1)(c)(iii) 

Application for reconsideration of decision to decline further temporary visa

 185    
15(1)(d)(iia) 

Transit visa application

 140 140 140
  

Transit visa application—group Chinese nationals per person

 80   80
26AA(a) 

Request for special direction

 185 185 185
26AA(b) 

Residence class visa granted under section 61 of Act

 835    
26AA(b) 

Temporary entry class visa granted under section 61 of Act

 350    
26AA(c) 

Application for variation of conditions imposed on any type of temporary entry class visa

 165    
26AA(d) 

Request under immigration instructions by employer for approval in principle to recruit overseas workers

 250    
26AA(da) Request under immigration instructions by an employer for approval in principle to recruit overseas workers under foreign crew of fishing vessels instructions 4,900    
26AA(e) 

Request under immigration instructions for supplementary seasonal employment approval in principle

 250    
26AA(f) 

Call-out fee where office is opened outside normal working hours in order to process immigration matter

 280 280 280
26AA(g) 

Registration under Refugee Family Support Category

 85    
26AA(h) 

Employer accreditation (under talent work immigration instructions)—first year of accreditation

 1,700    
 
  

Employer accreditation (under talent work immigration instructions)—subsequent year accreditation

 480    
26AA(i) 

Reconsideration of application from employer for talent employer accreditation

 185    
26AA(ia) 

Entertainment industry accreditation (under specific purpose or events immigration instructions)—first year of accreditation

 1,700    
  

Entertainment industry accreditation (under specific purpose or events immigration instructions)—subsequent year accreditation

 480    
26AA(j) 

Recognised Seasonal Employer status

 835    
26AA(k) 

Agreement to recruit under Recognised Seasonal Employer work immigration instructions

 220    
26AA(l) 

First or subsequent, or change of, business plan-investor category

 900 875 875
32(1)(a) 

Confirmation of immigration status

 105    
32(1)(b) 

Transfer fee where visa stamp or label transferred from one passport or certificate of identity to another

 105 105 105
33(1) 

First endorsement of New Zealand citizenship in foreign passport

 130 130 130
33(2) 

Second or subsequent endorsement of New Zealand citizenship in foreign passport

 80 80 80
  • Schedule 4: amended, on 18 April 2014, by regulation 20(2)(a) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

  • Schedule 4: amended, on 18 April 2014, by regulation 20(3) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

  • Schedule 4: amended, on 18 April 2014, by regulation 20(4) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

  • Schedule 4: amended, on 24 March 2014, by regulation 20(1)(a) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

  • Schedule 4: amended, on 24 March 2014, by regulation 20(1)(b) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

  • Schedule 4: amended, on 24 March 2014, by regulation 20(2)(b) of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2014 (LI 2014/79).

  • Schedule 4: amended, on 9 September 2013, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2013 (SR 2013/312).

  • Schedule 4: amended, on 19 February 2013, by regulation 5 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2013 (SR 2013/6).

  • Schedule 4: amended, on 24 August 2012, by regulation 4 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 4) 2012 (SR 2012/224).

  • Schedule 4: amended, on 5 July 2012, by regulation 5 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations (No 3) 2012 (SR 2012/117).

Schedule 5
People not required to pay prescribed fee

r 26AAB(1)(b)

  • Schedule 5: added, at 2 am on 29 November 2010, by regulation 36 of the Immigration (Visa, Entry Permission, and Related Matters) Amendment Regulations 2010 (SR 2010/382).

  • 2 Officially recognised accompanying family of a person described in paragraph 1.

  • 3 Officials of government entities travelling to New Zealand to conduct business with New Zealand Ministers of the Crown.

  • 4 Officials of government entities travelling to New Zealand to conduct business with a Ministry or department of the New Zealand Government.

  • 5 Holders of diplomatic or other official passports entering or transiting through New Zealand en route to, or when returning from, a diplomatic posting in a country other than New Zealand.

  • 6 Officials of government entities entering or transiting through New Zealand en route to, or when returning from, a third country—

    • (a) where the purpose of the visit to the third country was or is to conduct official government-to-government business; and

    • (b) who are able to provide evidence to an immigration officer to support that purpose.

  • 7 A holder of a diplomatic or other official passport entering or transiting through New Zealand for the purpose of assisting with the operations of the embassy or consulate (in New Zealand or elsewhere) for which the person holds the passport and on which he or she is travelling.

Rebecca Kitteridge,
Clerk of the Executive Council.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 12 August 2010.


Reprints notes
1 General
  • This is a reprint of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes