Immigration Act 1987

17 Persons who may apply for residence permits

• (1) The following persons may apply for a residence permit:

  • (a) any person who is the holder of a residence visa and who arrives in New Zealand during the currency of that visa:

  • (b) any person in New Zealand who is the holder of a temporary permit, other than—

    • (i) the holder of a pre-cleared temporary permit while that person is still in the arrival hall at the customs airport at which the person arrives in New Zealand; or

    • (ii) the holder of a temporary permit that is subject to the condition specified in section 27A(2) of this Act:

  • (c) in the case of a pre-cleared residence permit, any person specified in section 35D(2) of this Act.

  (1A) Despite subsection (1),—

  • (a) no person who is of a class or category of person that, by virtue of rules or criteria set under section 13B(3A), may apply for a residence visa or residence permit only if invited to apply for residence, may apply for a residence permit without such an invitation; and

  • (b) no person may apply for a residence permit in response to an invitation to apply for residence if the application is not made within any relevant time frame stipulated by or under rules or criteria set under section 13B(3A)(d).

  (2) No person who is unlawfully in New Zealand may apply for a residence permit and, where any such person purports to apply for a residence permit,—

  • (a) the Minister or appropriate immigration officer is under no obligation to consider that application; and

  • (b) whether the application is considered or not,—

    • (i) the Minister or immigration officer is not obliged to give reasons for any decision relating to the application, other than the reason that this subsection applies; and

    • (ii) section 36 of this Act and section 23 of the Official Information Act 1982 shall not apply in respect of the application.

  Section 17: substituted, on 18 November 1991, by section 9 of the Immigration Amendment Act 1991 (1991 No 113).

  Section 17(1)(b): substituted, on 15 September 1993, by section 4(1) of the Immigration Amendment Act 1993 (1993 No 100).

  Section 17(1)(c): inserted, on 15 September 1993, by section 4(1) of the Immigration Amendment Act 1993 (1993 No 100).

  Section 17(1)(b)(i): amended, on 1 October 1996, by section 289(1) of the Customs and Excise Act 1996 (1996 No 27).

  Section 17(1A): inserted, on 9 September 2003, by section 11 of the Immigration Amendment Act (No 2) 2003 (2003 No 47).