H5.1 Objective (18/06/2020)

1. The objective of these instructions is to minimise risks to New Zealand posed by the COVID-19 virus. In order to achieve this objective the New Zealand Government has put in place measures to prevent and prohibit the travel to New Zealand of all persons except:
   1. New Zealand citizens (including those of the Realm of New Zealand countries); and
   2. permanent resident visa holders; and
   3. resident visa holders who have entered New Zealand as the holder of a resident visa, or were granted a resident visa in New Zealand; and
   4. the partner, legal guardian or any dependent children of a New Zealand citizen or a New Zealand residence class visa holder listed at Y3.10(a) who:
      • are travelling with that New Zealand citizen or residence class visa holder; or
      • are ordinarily resident in New Zealand; or
      • have a visa based on their relationship to the New Zealand citizen or residence class visa holder.
   5. Australian citizens and permanent residents who are ordinarily resident in New Zealand;
   6. diplomats accredited to New Zealand and currently resident in New Zealand;
   7. new diplomatic and consular personnel filling established positions at a foreign mission or consular post in New Zealand;
   8. other diplomatic and consular personnel authorised by the Minister of Foreign Affairs or their delegate where there is a compelling national interest;
   9. Australian citizens and holders of permanent resident visas issued by the Government of Australia transiting New Zealand and whose final destination is Australia;
   10. the spouse, legal guardian and minor dependents of Australian citizens and holders of permanent resident visas issued by the Government of Australia who are transiting New Zealand and whose final destination is Australia;
   11. people described in Regulation 25 of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010.
2. The five main considerations to achieving this objective are the:
   1. risk to the health of New Zealanders; and
   2. risk to the health of Pacific Island Countries; and
   3. readiness of Government agencies to operationalise any measures required; and
   4. risks to foreign relations; and
   5. risk of significant adverse economic impacts.
3. The New Zealand Government acknowledges that there may be extremely limited circumstances where it is appropriate for a person who is not a New Zealand citizen, permanent resident or person returning to New Zealand as a resident, to travel to New Zealand. The COVID-19 restricted immigration instructions aim to achieve this objective by providing certainty about the limited situations where travel to New Zealand for non-New Zealand citizens and residents is allowed while COVID-19 poses a significant threat to New Zealand by granting a:
   1. Critical Purpose visitor visa or other temporary entry class visa appropriate a person’s circumstances to people who do not currently hold a visa; or
   2. variation of conditions to people who already hold a temporary entry class visa.
4. 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.

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 18/06/2020