Immigration Act 1987

  • repealed
  • Immigration Act 1987: repealed, at 2 am on 29 November 2010, by section 404 of the Immigration Act 2009 (2009 No 51).
14A Meaning and effect of visa
  • (1) For the purposes of this Act, a visa is an endorsement by a visa officer in a passport or certificate of identity, or, in the case of a visa issued electronically, an entry made and retained in the records of the Department of Labour in accordance with section 35AB, and indicates that the visa officer, at the time of issuing the visa, knows of no reason why the holder of the passport or certificate of identity should not—

    • (a) be granted a residence permit, where the visa is a residence visa; or

    • (b) be entitled to the grant of another residence permit, where the visa is a returning resident's visa; or

    • (c) be granted a temporary permit, where the visa is a temporary visa; or

    • (ca) be granted a limited purpose permit, where the visa is a limited purpose visa; or

    • (d) be allowed to come to New Zealand as a transit passenger for a period of up to 24 hours, where the visa is a transit visa.

    (2) A visa is not, nor does it have the effect of, a permit.

    (3) Except in the case of a returning resident's visa issued for the purposes of section 18 of this Act, a visa—

    • (a) does not entitle the holder to a permit as of right; and

    • (b) does not fetter in any way any discretion conferred on the Minister or any immigration officer by any of the provisions of this Act.

    (4) Notwithstanding anything in subsection (1) of this section, where a visa is not granted electronically in accordance with section 35AB and a visa officer is satisfied that it would be unreasonable to insist on the production of the passport or certificate of identity, or that for any other reason it would be appropriate to issue a separate visa, the officer may issue a separate visa; but in such a case, whenever the visa is to be presented, it shall be presented together with the passport or certificate of identity.

    Section 14A: inserted, on 18 November 1991, by section 8 of the Immigration Amendment Act 1991 (1991 No 113).

    Section 14A(1): amended, on 1 October 1999, by section 11(1) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 14A(1)(ca): inserted, on 1 October 1999, by section 11(2) of the Immigration Amendment Act 1999 (1999 No 16).

    Section 14A(4): amended, on 1 October 1999, by section 11(3) of the Immigration Amendment Act 1999 (1999 No 16).