E8.1 Granting a permit under section 35A

Immigration Act 1987 s 35A

1. The Minister may at any time grant any type of permit to a person who is:
   1. in New Zealand, and
   2. required to hold a permit to be in New Zealand, and
   3. not the holder of a permit to be in New Zealand, and
   4. not subject to a deportation order, and
   5. not subject to a removal order.
2. The Minister's power to grant a temporary permit in a special case is delegated to officers with Schedule 1 delegations.
3. Officers must make decisions on the merits of the individual case balanced against the public interest, and current government policy is relevant but not a deciding factor.
4. No person has the right to request a permit under section 35A, and if a person attempts to do so:
   1. the Minister or appropriate immigration officer is not obliged to consider the request, and
   2. whether a request is considered or not, the Minister or immigration officer is not obliged to give reasons for any decision on it, other than that section 35A(2) applies, and
   3. section 36 of the Immigration Act 1987 (concerning the reasons for refusing to grant a permit to be given in writing if requested) and section 23 of the Official Information Act 1982 (concerning the right of access to reasons for decisions) do not apply to the request.

Effective 26/07/1999