50 Conditions on resident visas

(1)

On granting a resident visa as an exception to residence instructions, the Minister may—

(a)

impose conditions in addition to those specified in the applicable residence instructions (if any):

(b)

vary or waive conditions that would otherwise apply to a visa of that type.

(2)

Following the grant of a resident visa, the Minister may, by special direction,—

(a)

impose further conditions whether or not the conditions are specified in the applicable residence instructions (if any):

(b)

vary or cancel conditions that would otherwise apply to the visa or were imposed under subsection (1).

(3)

The Minister may also do 1 or more of the things in subsection (2) by agreement with the visa holder.

(4)

A condition imposed, varied, waived, or cancelled under this section—

(a)

must be notified to the visa holder by the Minister or an immigration officer; and

(b)

takes effect—

(i)

from the date the visa is granted, if the condition is imposed, varied, or waived when the visa is granted; or

(ii)

from the date specified in the notice (being a date not earlier than the date of notification), in any other case.

(4A)

The Minister may, by special direction in relation to a class or classes of persons holding resident visas,—

(a)

vary conditions that would otherwise apply to visas of the relevant types, or that were imposed under this section, that relate to travel to New Zealand:

(b)

vary or cancel conditions that would otherwise apply to visas of the relevant types, or that were imposed under this section, that relate to employment in New Zealand.

(4B)

However, the Minister may not make a special direction under subsection (4A) unless satisfied that—

(a)

doing so is reasonably necessary to manage the effects, or deal with the consequences, of—

(i)

the outbreak of COVID-19; or

(ii)

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

(iii)

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

(b)

the direction does not materially disadvantage the class or classes of persons to which it relates.

(4C)

A special direction under subsection (4A) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom a variation or cancellation of a visa condition applies by reference to all or any of the following:

(a)

their nationality:

(b)

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

(c)

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

(d)

the type of visa concerned:

(e)

any other type of visa that they have applied for.

(4D)

A special direction under subsection (4A)—

(a)

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

(b)

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

(4E)

This subsection and subsections (4A) to (4D) are repealed at the close of 15 May 2023.

(5)

To avoid doubt,—

(a)

subsection (2) applies whether the resident visa was granted as an exception to residence instructions or otherwise:

(b)

nothing in this section allows the Minister to impose conditions on a permanent resident visa, whether at the time of or subsequent to granting the visa.

Section 50(4A): inserted, on 16 May 2020, by section 5 of the Immigration (COVID-19 Response) Amendment Act 2020 (2020 No 15).

Section 50(4B): inserted, on 16 May 2020, by section 5 of the Immigration (COVID-19 Response) Amendment Act 2020 (2020 No 15).

Section 50(4C): inserted, on 16 May 2020, by section 5 of the Immigration (COVID-19 Response) Amendment Act 2020 (2020 No 15).

Section 50(4D): inserted, on 16 May 2020, by section 5 of the Immigration (COVID-19 Response) Amendment Act 2020 (2020 No 15).

Section 50(4E): inserted, on 16 May 2020, by section 5 of the Immigration (COVID-19 Response) Amendment Act 2020 (2020 No 15).

Section 50(4E): amended, on 11 May 2021, by section 4 of the Immigration (COVID-19 Response) Amendment Act 2021 (2021 No 14).