H5.1 Objective (19/04/2021)

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 New Zealand citizens and those listed under Y3.30(a).

   Note: Diplomatic and consular personnel are defined as persons eligible to hold a New Zealand diplomatic, consular or official visa, including recognised family members.

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.

H5.1.1 Objective for marine crew arriving by the maritime border

1. The objective of these instructions which relate to marine crew arriving by the maritime border is to facilitate the entry of marine crew who are arriving by the maritime border and are required for the operation of a ship (foreign flagged or New Zealand flagged), where the ship is permitted to come to New Zealand.
2. The COVID-19 Public Health Response (Maritime Border) Order (No2) 2020 (the Maritime Border Order) restricts which ships may arrive in New Zealand.
3. New Zealand ships can only arrive in New Zealand where everyone on board is a New Zealand citizen, exempt from border restrictions, or who has been granted a visa under the COVID-19 Support Restricted Temporary Entry Instructions.
4. Foreign ships can only arrive in New Zealand where the ship is exempt or been granted permission to arrive in New Zealand by the Director-General of Health under the Maritime Border Order and everyone on board is a New Zealand citizen, or exempt from the border restrictions, or who has been granted a visa under the COVID-19 Support Restricted Temporary Entry Instructions.
5. A ship intending to arrive in New Zealand must meet any requirements under the Maritime Border Order.
6. Once the ship has met the Maritime Border Order requirements to arrive in New Zealand then an approval in principle request can be submitted to Immigration New Zealand. Where the criteria for an approval in principle is met an invitation to apply will be issued for marine crew to apply for a visa.

Effective 19/04/2021