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.




05/12/19 - Update BMB

Details on BUSINESS applications as from today:

  • Allocation to a CO within a week
  • Decion time frame between 2 to 3 months
  • EWV applications 20% approval rate
  • Entrepreneur residence 50% approval rate

21/11/19 - Policy update, the NEW way

For more information, please click here

IPT Decisions

The quality of decisions from INZ appear to decrease! Please refer to the Annual Report from the IPT for 2017 where on average 33% of Appeals with the IPT is allowed! A news paper article in 1 NEWS NOW dated 21/02/2019 confirms that four out of every ten appeals against INZ are upheld! That is an increase from 33% to now 40% of appeals being allowed or upheld against INZ!

Licensed Adviser

Johannes Petrus (Peter) Hubertus Cornelis Hendrikx

Licensed Immigration Adviser
License number: 200800214

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