Waiver of requirement for visa permitting travel to New Zealand in certain cases

69 Waiver of requirement for visa permitting travel to New Zealand in certain cases

(1)

Regulations made under section 400 may waive the requirement to hold a visa permitting travel to New Zealand in relation to any class of persons, and provide for any conditions of such a waiver.

(2)

The Minister may, by special direction,—

(a)

waive for a period not exceeding 3 months the requirement to hold a visa permitting travel to New Zealand in relation to any class of persons, subject to any conditions specified by the Minister:

(b)

suspend for a period not exceeding 3 months a waiver made by regulations referred to in subsection (1):

(c)

waive, in any individual case, the requirement to hold a visa permitting travel to New Zealand:

(d)

suspend, in any individual case, a waiver made by regulations referred to in subsection (1).

(3)

Any waiver or suspension of a waiver made in accordance with subsection (1) or (2)(a) or (b) may, without limiting the generality of the manner in which persons may be classified, classify persons to whom the waiver or suspension of waiver applies by reference to any or all 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)

their immediate or ultimate destination after being in or transiting through New Zealand:

(d)

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

(4)

Any special direction made under subsection (2)(a) or (b)—

(a)

must be published in the Gazette, and notified in writing through diplomatic channels to any country concerned:

(b)

expires at the end of the period of 3 months (or such shorter period as is specified in the direction) following the day on which the direction was made, unless sooner cancelled by the Minister by a further special direction, or by regulations:

(c)

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.

(5)

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

(6)

A waiver under this section does not of itself entitle a person subject to the waiver to be granted entry permission.

Compare: 1987 No 74 ss 11, 12

Section 69(4)(c): replaced, on 5 August 2013, by section 77(3) of the Legislation Act 2012 (2012 No 119).