H5.1 Objective

1. The original objective of these instructions was to minimise risks to New Zealand posed by the COVID-19 virus. In order to achieve this objective, the New Zealand Government put in place measures to prevent and prohibit the travel to New Zealand of all persons except New Zealand citizens and other exempted persons (which have now been rescinded). As the international and domestic context has changed since the COVID-19 Support Restricted Temporary Entry Instructions were first introduced in 2020 and the border has reopened, the objective of these instructions has evolved. In the context of New Zealand’s border reopening, the objective of these instructions is to facilitate the entry of people considered to have a critical purpose to travel to New Zealand while their ability to submit an expression of interest for a border exception, and for those who are invited to apply, to make a subsequent visa application, remains open and provides for a valid pathway to New Zealand.

   Note: All border exceptions are considered to have a critical purpose to travel to New Zealand until 11:59pm on 31 July 2022, except for primary sector class exceptions listed under H5.15.1(d), deep-sea fishing crew and seafood processing worker class exceptions, who are considered to have a critical purpose to travel to New Zealand until 11:59pm on 1 September 2022, 11:59pm on 30 October 2022 and 11:59pm on 30 November 2022 respectively.

2. The COVID-19 restricted immigration instructions aim to achieve this objective by providing certainty about the situations where a person may be invited to apply for and granted a:
   1. Critical Purpose visitor visa or other temporary entry class visa appropriate to a person’s circumstances may be granted to people who do not currently hold a visa; or
   2. variation of conditions to people who already hold a temporary entry class visa.
3. People who do not have a critical purpose for travel to New Zealand will not be invited to apply for a visa or a variation of conditions under these instructions.
4. An Invitation to Apply will only be issued to those listed in H5.25.15 if the Expression of Interest was submitted on or before 31 July 2022, except for:
   1. approved classes of workers listed under H5.15.1(d), who will only be issued an Invitation to Apply if the Expression of Interest was submitted on or before 1 September 2022; and
   2. deep-sea fishing crew class exceptions listed under H5.30.20, who will only be issued an Invitation to Apply if the Expression of Interest was submitted on or before 30 October 2022; and iii. seafood processing workers listed under H5.30.20, who will only be issued an Invitation to Apply if the Expression of Interest was submitted on or before 30 November 2022.

Note: The instructions in this chapter are restricted temporary entry instructions. In accordance with section 76(2) of the Immigration Act 2009, immigration officers may not grant a temporary visa as an exception to restricted temporary entry instructions. Restricted temporary entry instructions are defined in section 4 of the Immigration Act 2009:
Restricted temporary entry instructions are temporary entry instructions that require, in relation to the type of visa to which the instructions relate, that any decision made on an application for that type of visa, or on an application for entry permission in relation to that type of visa, must be made in terms of the temporary entry instructions applicable at the time the application for the visa was made, and any discretion exercised must be in terms of those instructions.

Effective 11:59pm 30/11/2022