Common topic
Section 61
Published
13 January 2023
Unlawful people in New Zealand may be able to make Section 61 requests to request a new visa under the Immigration Act 2009.
Visa holders are not allowed to stay in New Zealand after their visa expires. They are under an obligation to leave New Zealand and are liable for deportation under the Immigration Act 2009 (the Act). A person who is unlawfully in New Zealand cannot make an application for a further visa.
Section 61 of the Act provides the Minister of Immigration with the power, in their absolute discretion, to grant a visa of any type to a person unlawfully in New Zealand and otherwise liable for deportation (unless they are subject to a deportation order). This can be delegated to the Associate Minister of Immigration and to senior immigration officers.
If a person who is in New Zealand unlawfully requests a visa under section 61, there is no obligation to consider the request or make any further inquiries.
INZ has a dedicated team of senior immigration officers to deal with section 61 requests.
When a request is considered, the Act specifically states that the decision maker is not required to give reasons for the decision. The person who made the request is also not able to access any recorded reasons under the Official Information Act or Privacy Act. However, brief reasons for decisions on individual cases are recorded by the deciding officer and are made available to the Ombudsman in the event of a complaint.