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Yes, a month to remember or perhaps a month to forget as soon as possible. Why you may ask? The main reason is the directive from Immigration New Zealand reference the section 61 of the Immigration Act 2009. This section deals with people who are not on a valid visa anymore;

61. Grant of visa in special case

1. The Minister may at any time, of the Minister's own volition, grant a visa of any type to a person who

a. is nlawfully in New Zealand; and

b. is not a person in respect of whom a deportation order is in force

2. A decision to grant a visa under subsection 1 is in the Minster's absolute discretion

Well, that is OK, I have no issues with that at all! However, Immigration New Zealand has now directed to its staff NOT to record any reasons why the request for a section 61 is refused or why it has not been granted!

This directive is in my view totally incorrect as it breaches a variety of regulations that are applicable in this case;

  • The Public Records Act that states that "every public office and local authority must create and maintain full and acurate records of its affairs, in accordance with normal prudent business practice."
  • It allows Immigration New Zealand to avoid judicial reviews as no information is recorded or noted.
  • Fair and Natural Justice is the all encompassing reason as it totally disregards accountability, transparency and it does not allow the applicant to state its case or give reasons why it happened.

While the directive has been issued, please note that this is not over yet! Many organisations (Lawyers, Immigration Advisers, Civil Liberties, etc) are ready to do battle with INZ on this particular issue, so please watch our News sections where we will keep you up to date with the developments.

In the mean time, please ensure that you remain on a valid visa at all times when in New Zealand or when travelling to New Zealand, with the appropriate travel conditions.

 

 

Covid 19 Notice

As the impact of the coronavirus continues to evolve, we face this unprecedented situation together. The pandemic is affecting all of us. At Terra Nova Consultancy Ltd we wish to reach out and update you on how we are addressing it. Our top priority is to protect the health and safety of our employees, clients, and our communities. Our focus on customer service remains at the center of everything we do, and we are fully committed to continue to serve you with our services, and striving to provide our services without interruption.Please listen and act upon the advise given by the Government, only in that way will we together be able to combat this challenge. And as always, stay healthy and keep safe.

Contact Details

Terra Nova Consultancy Ltd
14 Glanworth Place, Botany 2106
Manukau, Auckland 2106,
New Zealand

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Please arrange visit by appointment.

Mobile: +64 275 706 540

Postal Address:
PO Box 58385, Botany
Manukau, Auckland 2163,
New Zealand

Licensed Immigration Adviser

Johannes Petrus (Peter) Hubertus Cornelis Hendrikx

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License number: 200800214

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