A1.5 Fairness

See also Immigration Act 2009 s 27

Note: This section provides generalised statements on the principles of fairness and natural justice. None of the content of this section constitutes immigration instructions certified under Section 22 of the Immigration Act 2009.

1. Whether a decision is fair or not depends on such factors as:
   1. whether an application is given proper consideration;
   2. whether the applicant is informed of information that might harm their case (often referred to as potentially prejudicial information);
   3. whether the applicant is given a reasonable opportunity to respond to harmful information;
   4. whether the application is decided in a way that is consistent with other decisions;
   5. whether appropriate reasons are given for declining an application (consistent with Section 27 of the Immigration Act 2009);
   6. whether only relevant information is considered.
2. How much fairness an immigration officer must bring to bear in deciding an application depends on the circumstances of the application, and the consequences of the decision for the applicant. This may depend on factors such as:
   1. whether the application was made offshore or onshore;
   2. the class and type of visa applied for;
   3. the applicant’s reason(s) for their travel to or stay in New Zealand;
   4. the links that the applicant may have with New Zealand (e.g. employment, family).

Example: A person who applies for a temporary visa for the first time has less to lose from having the application declined than, for example, a person who has been legally resident in New Zealand for a number of years and is applying for a permanent resident visa.

Effective 29/05/2025