A special direction (under section 17 of the Immigration Act 2009) allows exceptions to be given to an “excluded person” who is not eligible for a visa, entry permission, or a visa waiver under section 15 or 16 of the Act. Excluded persons include:

• A person who has been sentenced to a prison sentence for a term of five years or more at any time
• A person who at any time within the preceding 10 years has been sentenced to a prison sentence for 12 months or more
• A person who has been removed or deported from New Zealand at any time
• A person who has been excluded from New Zealand
• A person who at any time has been removed, excluded, or deported from another country
• Anyone who the Minister of Immigration believes is, or is likely to be, a threat or risk to security, public order or the public interest
• Anyone who the Minister believes is likely to commit an offence in New Zealand punishable by imprisonment
• A person who is a member of a terrorist entity designated under the Terrorism Suppression Act 2002.

A special direction allows INZ to approve visas, impose conditions on visas and implement other administrative actions. As well as the examples listed above a special direction may also be needed in the following circumstances:

• Visa application fee waivers
• Waiving specific lodgement requirements
• Varying the conditions of a visa
• Suspending an applicant’s ability to utilise a visa waiver arrangement.

The need for a special direction may occur after an application has been accepted and is being processed.  For example, issues relating to an applicant’s character may not come to light until after the application has been accepted.  In such cases, the determination of the special direction may be necessary, as well as character waiver.

The decision on whether to grant a special direction can be made by the Minister of Immigration, the Associate Minister of Immigration or INZ staff member who has the appropriate delegations.

No person has a right to apply for a special direction but this does not stop people from requesting one.

INZ makes hundreds of special direction decisions each year. The exact numbers cannot be reported as it is not always practical to raise a separate record in INZ’s application management system for every special direction request received or granted.

Special directions