N2.10 General rules for transit visas

See also Immigration Act 2009 s 86(1), 89(1)

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 reg, 15, 17

1. Transit visas may be granted to applicants who:
   1. apply in the prescribed manner (see N3.10.1) for a transit visa; and
   2. have stated a genuine intention to be in New Zealand only for the purpose of reaching a further destination; and
   3. will be confined to a transit area during the whole of their stay in New Zealand; and
   4. will not be in New Zealand longer than 24 hours.
2. Holders of transit visas are not entitled to apply for entry permission or any class or type of visa while in New Zealand during the transit period.

N2.10.1 Currency of transit visa

See also Immigration Act 2009 s 88

A transit visa is current for the period or until the date specified in it. The transit visa may be valid for any number of journeys to New Zealand in that period or until that date.

N2.10.5 Cancellation of transit visa

See also Immigration Act 2009 ss 66, 90

1. If there is sufficient reason, the Minister or an immigration officer may cancel a transit visa at any time.
2. If a transit visa is cancelled based on (a) above; and
   1. the person is outside New Zealand, the Minister or an immigration officer must notify the person in writing;
   2. the person has arrived in New Zealand, the person is liable for turnaround.

N2.10.10 Expiry of transit period

See also Immigration Act 2009 s 91

1. Where the holder of a transit visa is still in New Zealand on the expiry of the transit period, an immigration officer may by his or her absolute discretion:
   1. extend the period for which the person may remain in New Zealand as a transit visa holder; or
   2. grant the person a visa and entry permission.

N2.10.15 Restrictions on the grant of transit visas to certain groups as designated by the United Nations Security Council

1. No transit visa will be granted to any person described in RA9(a); this paragraph is subject to (b) and (c) below.
2. Immigration officers must contact the Ministry of Foreign Affairs and Trade when processing any immigration application from a person to whom (a) above applies.
3. A visa may only be granted to a person to whom (a) above applies on the advice of the Secretary of Foreign Affairs and Trade.
4. Paragraphs (a)-(c) above operate in addition to the requirements of the Immigration Act 2009.

N2.10.20 Restrictions on the grant of a transit visa to certain individuals and classes of individuals

1. No transit visa will be granted to any individual or class of individuals described in R5.100.
   R5.100.1 Ban on the grant of visas to leading members of the Government of the Federal Republic of Yugoslavia (FRY) including Serbia and their supporters

   1. New Zealand has taken action in respect of leading citizens of the FRY and Serbia, being persons closely aligned with the regime of Slobodan Milosevic whose activities support President Milosevic or whose actions are presumed to provide support (including members of his immediate family), and who are named on the lists of such persons held by INZ and updated from time to time.
   2. Ordinarily, none of the persons named on the lists held by INZ may be granted a visa to enter New Zealand (including a transit visa).
   3. Where special circumstances exist (supported by cogent and reliable evidence) INZ may nonetheless grant a visa to a person named on the lists.
   4. The decision to grant a visa to a person named on the lists is limited to immigration officers with Schedule 1-2 delegations (see A15.5).

   R5.100.10 Restriction on the grant of visas to Grace Mugabe, the wife of the late Robert Mugabe, former President of Zimbabwe

   1. Ordinarily, Grace Mugabe, the wife of the late Robert Mugabe, the former President of Zimbabwe, may not be granted a visa to New Zealand (including a transit visa).
   2. Notwithstanding (a), where special circumstances exist (supported by cogent and reliable evidence and in consultation with MFAT) INZ may nonetheless grant such a visa.
   3. The decision to grant a visa under (b) is limited to immigration officers with Schedule 1-2 delegations (see A15.5).

   R5.100.20 Ban on the grant of visas to leading members of the Syrian regime

   1. New Zealand has taken action in respect of leading members of the regime in Syria, being persons closely aligned with the regime of President Bashar Hafez al-Assad, and who are named on the list of such persons held by INZ and updated from time to time.
   2. Ordinarily, none of the persons named on the list held by INZ may be granted a visa to enter New Zealand (including a transit visa).
   3. Where special circumstances exist (supported by cogent and reliable evidence and in consultation with MFAT) INZ may nonetheless grant a visa to a person named on the list.
   4. The decision to grant a visa to a person named on the list is limited to immigration officers with Schedule 1-2 delegations (see A15.5).

   R5.100.25 Ban on the grant of visas to individuals associated with the Ukraine crisis

   1. New Zealand has taken action in respect of key individuals identified as being responsible for, or associated with, actions which undermine or threaten the territorial integrity, sovereignty and independence of Ukraine, and who are named on the list of such persons held by INZ and updated from time to time.
   2. Ordinarily, none of the persons named on the list held by INZ may be granted a visa to enter New Zealand (including a transit visa).
   3. Where special circumstances exist (supported by cogent and reliable evidence and in consultation with MFAT) INZ may nonetheless grant a visa to a person named on the list.
   4. The decision to grant a visa to a person named on the list is limited to immigration officers with Schedule 1-2 delegations (see A15.5).

   R5.100.30 Ban on the grant of visas to DPRK nationals

   United Nations Sanctions (Democratic People’s Republic of Korea) Regulations 2017 Reg 46A

   1. A person who is a national of DPRK is not eligible to obtain a visa, or any other authorisation, that would entitle the person to work in New Zealand.
   2. R5.100.30(a) does not apply with regard to a visa or other authorisation approved in advance by the Committee (as defined in the UN Sanctions (DPRK) Regulations 2017).
   3. If the visa or other authorisation as to the eligibility of the person is approved in advance by the Committee, the decision to grant a visa to a person named on the list is limited to immigration officers with Schedule 1-2 delegations (see A15.5).

   R5.100.35 Ban on the grant of visas to Russian individuals expelled from certain countries for activities incompatible with their diplomatic status

   1. New Zealand has taken action in respect of Russian individuals expelled from certain countries for activities incompatible with their diplomatic status.
   2. Ordinarily, a person described in (a) above may not be granted a visa to enter New Zealand (including a transit visa).
   3. Where special circumstances exist (supported by cogent and reliable evidence and in consultation with MFAT) INZ may nonetheless grant a visa to such a person.
   4. The decision to grant a visa to a person named on the list is limited to immigration officers with Schedule 1-2 delegations (see A15.5).

   R5.100.40 Ban on the grant of visas to certain Saudi Arabian individuals

   1. New Zealand has taken action in respect of individuals identified as being involved in, or associated with, the killing of Jamal Khashoggi, and who are named on the list of such persons held by INZ.
   2. Ordinarily, none of the persons named on the list held by INZ may be granted a visa to enter New Zealand (including a transit visa).
   3. Where special circumstances exist (supported by cogent and reliable evidence and in consultation with MFAT) INZ may nonetheless grant a visa to such a person.
   4. The decision to grant a visa to a person named on the list is limited to immigration officers with Schedule 1-2 delegations (see A15.5)

   R5.100.45 Ban on the grant of visas to certain Tatmadaw and other individuals identified as having participated in or facilitated the military’s seizure of power in Myanmar in 2021

   1. New Zealand has taken action in respect of individuals identified as being involved in, or associated with, the military’s seizure of power in Myanmar in 2021 and who are named on the list of such persons held by INZ.
   2. Ordinarily, none of the persons named on the list held by INZ may be granted a visa to enter New Zealand (including a transit visa).
   3. Where special circumstances exist (supported by cogent and reliable evidence and in consultation with MFAT) INZ may nonetheless grant a visa to such a person.
   4. The decision to grant a visa to a person named on the list is limited to immigration officers with Schedule 1-2 delegations (see A15.5).

   Note: For the avoidance of doubt, the individuals named on the list have met wholly or in part the criteria below:
   i. hold or held membership in the State Administrative Council; and/or
   ii. were instrumental in the February 2021 military coup; and/or
   iii. were or have been responsible for the violent suppression of peaceful anti-coup protestors; and/or
   iv. were responsible for other human rights violations, including those against the Rohingya, prior to the coup.

   R5.100.50 Ban on the grant of visas to certain Belarusian individuals linked to the Lukashenko regime

   1. New Zealand has taken action in respect of individuals identified as associated with the Alexander Lukashenko regime and who are named on the list of such persons held by INZ.
   2. Ordinarily, none of the persons named on the list held by INZ may be granted a visa to enter New Zealand (including a transit visa).
   3. Where special circumstances exist (supported by cogent and reliable evidence and in consultation with MFAT) INZ may nonetheless grant a visa to such a person.
   4. The decision to grant a visa to a person named on the list is limited to immigration officers with Schedule 1-2 delegations (see A15.5).

   R5.100.55 Ban on the grant of visas to certain Iranian individuals

   1. New Zealand has taken action in respect of individuals identified as being involved in or linked to the death of Mahsa Amini and/or the violent and malign response to the subsequent protests, or otherwise responsible for human rights violations in Iran, and who are named on the list of such persons held by INZ.
   2. Ordinarily, none of the persons named on the list held by INZ may be granted a visa to enter New Zealand (including a transit visa).
   3. Where special circumstances exist (supported by cogent and reliable evidence and in consultation with MFAT) INZ may nonetheless grant a visa to such a person.
   4. The decision to grant a visa to a person named on the list is limited to immigration officers with Schedule 1-2 delegations (see A15.5).

   R5.100.60 Ban on the grant of visas to certain individuals undermining stability and security in the West Bank

   1. New Zealand has taken action in respect of individuals believed to have been involved in undermining stability and security in the West Bank.
   2. Ordinarily, none of the persons named on the list held by INZ may be granted a visa to enter New Zealand.
   3. Where special circumstances exist (supported by cogent and reliable evidence and in consultation with MFAT) INZ may nonetheless grant a visa to such a person.
   4. The decision to grant a visa to a person named on the list is limited to immigration officers with Schedule 1-2 delegations (see A15.5).

   Effective 11/02/2024

2. Where special circumstances exist (supported by cogent and reliable evidence and in consultation with MFAT) INZ may nonetheless grant a visa to such a person. The decision to grant a visa is limited to immigration officers with Schedule 1-2 delegations (see A15.5).

Effective 21/12/2022