L2.5 Who may not apply for a limited visa

See also Immigration Act 2009 ss 11, 20, 27, 61, 89, 150, 380

1. A person may not apply for a limited visa if they are in New Zealand unlawfully.
2. If such a person unlawfully in New Zealand purports to apply for a limited visa, the grant of that visa is a matter of the absolute discretion of the Minister or a delegated immigration officer:
   1. the Minister or immigration officer is not obliged to consider their application; and
   2. the Minister or immigration officer is not obliged to enquire into the circumstances of the person or any other person; and
   3. the Minister or immigration officer is not obliged to make any further enquiries in respect of any information provided by, or in respect of, the person or any other person; and
   4. whether the application is considered or not, the Minister or immigration officer is not obliged to give reasons for any decision on it, other than that section 11 of the Immigration Act 2009 applies; and
   5. section 27 of the Immigration Act 2009 (concerning the reasons for a refusal to grant a visa 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 application.
3. A person to whom section 150 of the Immigration Act 2009 applies may not apply for a limited visa, unless s150(3) (see E8.10) applies.
4. A holder of a transit visa may not apply for any type of visa (including a limited visa) or entry permission while in New Zealand during the transit period, however, the Minister or an immigration officer, in his or her absolute discretion, may grant to the person a visa of the type and class they think fit.

Effective 29/11/2010