E3.5 Permits (26/07/1999)

3.5.1 Definition of 'permit'

Immigration Act 1987 ss 2(1), 4(2)

A permit is an endorsement by an immigration officer in a passport or a certificate of identity, which confirms that the holder:

1. is a person who requires a permit to be in New Zealand, and
2. may lawfully remain in New Zealand while the permit is current.

E3.5.5 Types of temporary permit

Immigration Act 1987 s 24

1. The following types of temporary permit may be granted:
   • visitors' permits (see V2)
   • work permits (see W2)
   • student permits (see U6).
2. A visitor's permit entitles the holder to be in New Zealand while the permit is current, for any lawful purpose apart from:
   1. undertaking employment, or
   2. undertaking a course of study or training except as provided in paragraph (c).

      Examples: Holidaying, sightseeing, family and social visits, amateur sport, business consultations, undergoing medical treatment.

3. All visitor permits are granted on the condition that the holder does not undertake a single course of study or training of more than 3 months' duration.
4. A work permit entitles the holder to be in New Zealand or within the exclusive economic zone of New Zealand while the permit is current in order to undertake employment.
5. A student permit entitles the holder to be in New Zealand while the permit is current in order to undertake a course of study or training.

E3.5.10 Grant of permit a matter of discretion

Immigration Act 1987 s 9

1. No person is entitled to a temporary permit as a matter of right.
2. The following matters are subject to the Minister's discretion or, unless there is a special direction in which the discretion is reserved to the Minister, the discretion of the appropriate immigration officer:
   1. whether to grant a temporary permit to any person and (if so) for what period, and
   2. what conditions to impose on the temporary permit (other than those already imposed by section 27 of the Immigration Act 1987: see E3.5.20 below), and
   3. whether to vary or cancel any conditions of a temporary permit, and
   4. whether to revoke a temporary permit.

E3.5.15 Currency of temporary permits

Immigration Act 1987 ss 26(1) and (2), 30
Immigration Regulations 1999 reg 23

1. Unless there is a special direction to the contrary (see E7.25), an individual temporary permit must not be granted for longer than:
   1. (in the case of a visitor's permit) 12 months, or
   2. (in the case of a work permit) 3 years, or
   3. (in the case of a student permit) 4 years.
2. Since the periods listed in paragraph (a) relate to individual permits and not to the maximum length of stay, further individual permits may be granted, provided that temporary entry policy is met.
3. Every temporary permit must be endorsed with:
   1. the date on which it comes, or is considered to have come, into force, and
   2. the date on which it expires or the period for which it is granted.

E3.5.20 Conditions to which temporary permits are subject

Immigration Act 1987 s 27

1. All temporary permits are subject to conditions:
   1. prescribed by regulations made at any time before a permit is granted; or
   2. imposed by special direction given at any time before, at the time when, or after a permit is granted.
2. Permit holders other than work permit holders must not undertake employment in New Zealand or within the exclusive economic zone of New Zealand.
3. Permit holders other than student permit holders must not undertake a course of study or training in New Zealand, other than a single course of study or training of not more than 3 months' duration.
4. A condition may be imposed by special direction that a permit holder must undertake employment only in a particular area, industry, trade, occupation or profession, or with a particular employer (see W2.35).
5. A condition may be imposed by special direction that a permit holder must undertake a course of study or training only of a particular kind, or in a particular place, or with a particular person (see U2.10 (c)).

E3.5.25 Conditions of temporary permits may be varied

Immigration Act 1987 s 27

1. Any condition of the permit may be varied or cancelled, by special direction, at any time.
2. If any condition is cancelled or varied, or any new condition is imposed, the permit holder must be notified, and any cancellation, variation or new condition takes effect from the date given in the notice.

E3.5.30 Changing a temporary permit

Immigration Act 1987 s 29

A temporary permit holder may apply for a permit of another type at any time before the current permit expires.

E3.5.35 Further temporary permits

Immigration Act 1987 s 30

A temporary permit holder may apply for a further permit of the same type at any time before the current permit expires.

E3.5.40 Permit expires on leaving New Zealand

Immigration Act 1987 ss 34, 41

1. A temporary permit expires when the holder leaves New Zealand.
2. Any person who is in New Zealand after their permit expires is in New Zealand unlawfully, unless they hold another permit or are exempt from having to hold a permit.

E3.5.45 Revoking a temporary permit in the case of administrative error

Immigration Act 1987 s 32(1)

An immigration officer may revoke a temporary permit if an error in granting the permit is detected within the issuing office or in the arrival hall at the customs place, provided that the holder has not taken the permit out of the issuing office or customs place.

E3.5.50 Revoking a temporary permit if the holder breaches permit conditions

Immigration Act 1987 s 33(1)

An immigration officer with Schedule 2 delegations or above may revoke a temporary permit if the holder breaches any of its conditions, particularly those relating to attendance and compliance, or for any other sufficient reason. (See Compliance for revocation procedures.)

Examples: the holder of a student permit who fails to attend their place of study without reasonable excuse, or the holder of a visitor permit who undertakes employment without authority.

Effective 26/07/1999