Border Entry

Governs border entry and departure passenger responsibilities, including travel document presentation, New Zealand Traveller Declaration, biometric collection, and departure obligations.

Status: needs_review
Updated: 2026-05-02
Sources: B-border-entryY2Y2.1Y2.5Y2.10Y2.15Y2.20Y2.25Y2.30Y2.40Y2.45Y3.5Y3.10Y3.15Y3.20Y3.25Y4Y4.1Y4.5Y4.10Y4.20Y4.25D4.25Y4.30Y4.35Y4.40Y5.1Y5.5Y5.10Y5.25Y8.1Y8.5

At a glance

The border entry instructions govern how a person applies for and may be granted entry permission when arriving at a New Zealand port of entry. [B-border-entry] Additionally, all passengers arriving at an immigration control area must fulfil specific responsibilities, including presenting travel documents, completing a New Zealand Traveller Declaration, and providing biometric information if required. [Y2.1]

Definition

Note: The full content of section B-border-entry was truncated during ingestion and requires manual review to complete this page. The section covers border entry procedures under the Immigration Act 2009, including the process for applying for entry permission, the powers of immigration officers at the border, and the criteria for granting or refusing entry. [B-border-entry]

Immigration control area

An immigration control area is that part of an airport, port, or other place designated by the Chief Executive of the Ministry of Business, Innovation and Employment for processing people arriving in or departing from New Zealand. [Y2.1]

Application in decisions

When a non-New Zealand citizen arrives at an immigration control area, they make an application for entry permission and, if a visa waiver applies, a visa by completing the New Zealand Traveller Declaration and presenting themselves to an immigration officer. [Y2.1] Immigration officers may require additional evidence such as proof of any visa held, travel tickets or onward travel arrangements, and evidence of funds for maintenance or sponsorship. [Y2.1] Failing to comply with passenger responsibilities, or providing false or misleading information in the declaration, is an offence and may result in prosecution. [Y2.1]

An automated electronic system may be used by both New Zealand citizens and non-citizens to present travel documents and answer required questions, thereby fulfilling some obligations unless the system indicates otherwise. [Y2.1]

Application for entry permission

Any person applying for entry permission must comply with passenger responsibilities on arrival as prescribed in Y2.1 [Y3.5]. The applicant is responsible for:

ensuring all information, evidence, and submissions they wish to have considered is provided when the application for entry permission is made; and
informing the immigration officer of any relevant fact, including any material change in circumstances that has occurred between the grant of a visa and the application for entry permission, if that fact or change may affect the decision on the application for entry permission. [Y3.5]

A "material change in circumstances" means a change that may relate to the applicant or another person included in the application, or may relate to any matter relevant to the Immigration Act 2009, immigration regulations or instructions. [Y3.5]

When considering an application for entry permission, immigration officers must take into account the Immigration Act 2009, immigration regulations, and relevant Border Entry instructions, along with any special direction. [Y3.5] The relevant Border Entry instructions are:

for an applicant holding a residence class visa, the instructions in force when the visa application was made;
for an applicant holding a temporary entry class visa granted under restricted temporary entry instructions, the instructions in force when the visa application was made;
for an applicant holding any other temporary entry class visa, the instructions in force when the application for entry permission is made. [Y3.5]

Immigration officers are not obliged to seek any further information, evidence, or submissions; they may determine the application on the basis of information provided by the applicant or held by Immigration New Zealand. [Y3.5]

If the person applying for entry permission fails to meet the instructions, immigration officers may consider all the circumstances to see if an exception to instructions to grant entry permission is justified, except that this provision does not apply to persons described in Y3.10(a) (who must be granted entry permission) [Y3.10] or Y4.1 (excluded persons subject to sections 15 or 16 of the Act). [Y3.5]

Note: Where a resident visa was granted under section 61A and the holder is travelling to New Zealand for the first time as the holder of that visa, the decision to grant entry permission must be made and any discretion exercised in terms of the residence instructions applicable at the time the person was granted the visa. [Y3.5]

Persons who must be granted entry permission (Y3.10)

Under Y3.10, entry permission must be granted to the holder of a:

permanent resident visa; or
resident visa granted in New Zealand; or
resident visa arriving in New Zealand for a second or subsequent time as the holder of the visa. [Y3.10]

Additionally, a person who returns to New Zealand through emergency (as defined in Y2.45) must be granted entry permission unless that person is subject to section 15 or 16 of the Immigration Act 2009. [Y3.10] This aligns with the exception noted above: the discretion to grant entry permission by exception does not apply to persons described in Y3.10(a) (who must be granted entry permission) or Y4.1. [Y3.10][Y3.5]

Interpretation & edge cases

Arrivals and departures responsibilities

Both passengers and carriers arriving in and departing from New Zealand have responsibilities under the Immigration Act 2009, the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, and the Immigration (Carriers' Information Obligations) Regulations 2010. [Y2]

Passenger responsibilities on arrival for New Zealand citizens

New Zealand citizens arriving at an immigration control area must present themselves and produce either a New Zealand passport, a foreign passport with an endorsement under section 384(1) of the Act, or a foreign passport with a returning resident's visa. [Y2.1] They must also present a New Zealand Traveller Declaration and comply with any immigration officer's direction. [Y2.1] If a citizen uses an automated electronic system to confirm their citizenship status, they are exempt from presenting themselves and the declaration, unless the system indicates otherwise. [Y2.1]

Where a New Zealand citizen arrives presenting a foreign passport that does not contain an endorsement under section 384 of the Immigration Act 2009 or a returning resident's visa issued under the Immigration Act 1987 on the basis of New Zealand citizenship, they will be referred to an immigration officer on arrival. [Y3.15] If the immigration officer establishes that Ministry records show the person holds an endorsement, entry as a New Zealand citizen must be granted. [Y3.15] A New Zealand citizen who is a national of one or more other countries and wishes to enter New Zealand other than as a New Zealand citizen must apply for entry permission. [Y3.15]

Passenger responsibilities on arrival for non-New Zealand citizens

Non-New Zealand citizens, including permanent residents and residents, must:

present themselves to an immigration officer with a completed New Zealand Traveller Declaration (thereby applying for entry permission and, if a visa waiver applies, a visa); [Y2.1]
produce their passport or certificate of identity; [Y2.1]
allow biometric information to be collected when applying for a visa or entry permission (see A22 — Biometric information); [Y2.1]
produce, if required, evidence of any visa held, travel tickets or onward travel arrangements, and evidence of funds for maintenance or sponsorship; and [Y2.1]
comply with any direction of an immigration officer while in the immigration control area. [Y2.1]

They may meet the document presentation requirements by using the automated electronic system. [Y2.1]

Passenger responsibilities on departure

Passengers departing New Zealand via an immigration control area must:

present themselves to an immigration officer; [Y2.5]
produce their passport or certificate of identity; [Y2.5]
comply with any direction of an immigration officer; [Y2.5]
present evidence of entitlement to travel (e.g. boarding pass or travel ticket) if requested; [Y2.5]
if they are not a New Zealand citizen, allow biometric information to be collected (see A22 — Biometric information). [Y2.5]

Passengers using the automated electronic system are exempt from presenting themselves to an immigration officer unless the system indicates otherwise, and may meet the document requirement by presenting their passport to the system. [Y2.5]

A passenger who, without reasonable excuse, fails to comply with these responsibilities commits an offence and may be prosecuted. [Y2.5]

Note: Y2.5 does not apply to people in New Zealand who are deemed to hold a visa and leave New Zealand other than at an immigration control area. [Y2.5]

Passengers responsible for others and special circumstances

If a passenger is responsible for the care of a person who cannot comply because of age or disability, it is their responsibility to comply on behalf of that person. [Y2.1] For departure, the same obligation applies: a passenger must comply with the departure responsibilities on behalf of a person in their care who cannot do so because of age or disability. [Y2.5]

Arrival outside an immigration control area

A person who arrives in New Zealand other than at an immigration control area must report to an immigration officer at an immigration control area within 72 hours, and then comply with the standard passenger responsibilities. [Y2.1] Failure to do so may result in arrest by a constable and cancellation of any visa held under section 64 of the Immigration Act 2009. [Y2.1]

Offences and false declarations

Completing a New Zealand Traveller Declaration in a manner known to be false or misleading, or failing to comply with responsibilities, is an offence and may be prosecuted. [Y2.1] Any person suspected of not reporting may be arrested and brought before an immigration officer. [Y2.1]

Exemption from passport requirement for visiting forces

A member of the armed forces of any country, members of its civilian component or a crew member of any craft used to transport members of the armed forces to New Zealand (as defined in the Visiting Forces Act 2004) is exempt from having to produce a passport or certificate of identity if:

members of that armed force are in New Zealand at the request or with the consent of the New Zealand Government; and
that person's presence in New Zealand is in the ordinary course of their duty or employment. [Y2.10]

See also Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 11(3).

Exemption from presenting a New Zealand Traveller Declaration

Under certain circumstances, a person is exempt from having to present a New Zealand Traveller Declaration (see Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010, reg 25). The following categories are exempt:

crew or passengers on any ship carrying passengers or cargo between a foreign port and New Zealand in the ordinary course of business; [Y2.15]
crew on a foreign ship authorised by the Minister of Transport to carry coastal cargo under section 198(2) of the Maritime Transport Act 1994; [Y2.15]
aircraft crew on any commercial aircraft flying between another country and New Zealand; [Y2.15]
members of visiting armed forces, civilian components, or transport crew arriving at a military base, provided they are in New Zealand at the request or with the consent of the New Zealand Government in the ordinary course of duty or employment under the Visiting Forces Act 2004; [Y2.15]
members of, or persons associated with, a scientific programme or expedition under the Antarctic Treaty (within the meaning of the Antarctica Act 1960), or persons to whom section 5 of that Act applies, who enter the Ross Dependency from a country other than mainland New Zealand; [Y2.15]
members of, or persons associated with, an Antarctic scientific programme or expedition as above who have entered the Ross Dependency from a non-mainland country and subsequently travel from the Ross Dependency to mainland New Zealand; [Y2.15]
guests of government who have been granted a visa waiver to travel by special direction. [Y2.15]

Additionally, a request may be made to waive, by special direction, the requirement for distinguished visitors to provide a passport or certificate of identity for inspection. [Y2.15]

Advance Passenger Processing (APP)

Advance Passenger Processing (APP) is a system that requires airlines to check and pre-process passengers before they board a craft for travel to or through New Zealand. [Y2.20] The system is designed to facilitate efficient and effective border processing. [Y2.20]

Carriers and persons in charge of commercial craft, when notified by the Chief Executive, must obtain prescribed information from every intending passenger before departure. [Y2.20] This information includes the person's full name, date of birth, nationality, gender, passport or certificate of identity number and expiry date, the issuer if different from the country of nationality, the person's traveller status (e.g. crew, passenger destined for New Zealand, or transit passenger), and information identifying the craft and its intended movements. [Y2.20] The carrier must provide this information to the Chief Executive through an approved system before departure. [Y2.20] Failure to comply without reasonable excuse is an offence and can result in an infringement fee, prosecution, or other enforcement action. [Y2.20]

The Chief Executive may decide (including by automated means) whether a person may board a craft for travel to New Zealand, may board subject to conditions, or may not board. [Y2.20] The decision is notified to the carrier. [Y2.20] The Chief Executive can make such a decision regardless of whether the person holds a visa or is visa‑waived, except for:

New Zealand citizens who hold a New Zealand passport, a foreign passport with a citizenship endorsement, or a foreign passport containing a returning resident's visa; [Y2.20]
permanent residents; and [Y2.20]
resident visa holders who have previously travelled to New Zealand on that visa (if the visa was granted outside New Zealand). [Y2.20]

The Chief Executive is not required to give reasons for the boarding decision, and the decision cannot be appealed or judicially reviewed except on the ground that the person is one of the exempted categories listed above. [Y2.20]

Every carrier or person in charge of a commercial craft commits an offence if they allow a person to travel to New Zealand before a boarding decision is made, or if they fail, without reasonable excuse, to comply with the decision. [Y2.20] Such an offence may result in an infringement fee, prosecution, or other enforcement tools to encourage compliance. [Y2.20]

The Chief Executive may delegate these APP powers to specified border operations officers, including the power to make boarding decisions, determine how decisions are notified, and request or access passenger information. [Y2.20] An approved system is a system (including an electronic system) approved by the Chief Executive for providing the required passenger information and notifying carriers of boarding decisions. [Y2.20]

Carrier responsibilities prior to departure

Under the Immigration Act 2009, a carrier or person in charge of any craft en route to, berthing, landing, or arriving in New Zealand must ensure that all persons boarding the craft have appropriate immigration documentation. [Y2.25] This documentation includes a valid passport or certificate of identity (unless exempt) and a visa if required, or an endorsement indicating New Zealand citizenship. [Y2.25] The check for a visa or endorsement is not required if the carrier obtains Advance Passenger Processing (APP) information under Y2.20 from every intending passenger and provides it to the Chief Executive before departure. [Y2.25]

A carrier who, without reasonable excuse, fails to ensure boarding passengers have the required documentation commits an offence and may incur an infringement fee, be prosecuted, or face other enforcement action. [Y2.25]

Additionally, carriers are responsible on arrival for: [Y2.25]

preventing any person from landing outside an immigration control area (except as required under Y2.1(a) and (b) for passenger responsibilities); [Y2.25]
providing details of persons on board since the last port of call if requested by an immigration officer; [Y2.25]
making arrangements for all persons on board to report to an immigration control area within 72 hours if the craft cannot land at such an area; [Y2.25]
reporting any stowaway on board as soon as practicable. [Y2.25]

Failure to meet these arrival responsibilities without reasonable excuse is an offence and may lead to prosecution or other enforcement action. [Y2.25]

A 'craft' means any form of aircraft, ship, or other vehicle or vessel capable of or intended to be used to transport a person to or from New Zealand from or to any country outside New Zealand. [Y2.25] A 'carrier' means the owner or charterer of the craft; if the owner or charterer is not in New Zealand, the agent in New Zealand of the owner or charterer; and if there is no agent in New Zealand, the person in charge of the craft. [Y2.25]

Carrier responsibilities on departure

Under the Immigration Act 2009, carriers have specific duties when a craft departs from New Zealand. [Y2.30] These duties include:

reporting to an immigration officer, immediately before the craft leaves, details of any crew member or person described in regulation 7(2) of the Immigration (Carriers' Information Obligations) Regulations 2010 who was on board when the craft arrived in New Zealand but is not on board the departing craft; [Y2.30]
allowing on board any person being deported or liable for turnaround, provided an offer to pay the fare has been received for the deportee and the safety of the craft or other persons is not endangered; [Y2.30]
if a constable or immigration officer delivers such a person to the craft, taking all reasonable steps (including the use of reasonable force) to detain that person on board until the craft has left New Zealand; [Y2.30]
providing, at the carrier's cost, carriage from New Zealand of any person who:
- was on board the craft (or any other craft operated by the carrier) when it arrived in New Zealand, did not hold a visa permitting travel to New Zealand, and was refused a visa and entry permission on arrival; or [Y2.30]
- arrived as crew of the craft (or any other craft operated by the carrier) and remained unlawfully in New Zealand after the craft's departure; [Y2.30]
meeting the costs incurred by the Crown in detaining and maintaining any such person until they have left New Zealand on the first available craft. [Y2.30]

A carrier who fails to meet these responsibilities commits an offence and may be subject to enforcement action, including prosecution. [Y2.30]

Additionally, the carrier and the person in charge of a craft leaving New Zealand must allow a person who has been refused a visa or entry permission (or had entry permission revoked) to board the craft for passage from New Zealand, subject to the safety of the craft and other persons. [Y2.30] The carrier must also provide passage at its own cost, or bear the cost of passage by another carrier, for a person who:

was on board the craft (or any other craft operated by the carrier) when it arrived in New Zealand, did not hold a visa permitting travel, and was refused a visa and entry permission; or [Y2.30]
arrived as a crew member of the craft (or any other craft operated by the carrier) and remained unlawfully after the craft's departure. [Y2.30]

The obligations to allow boarding and provide passage are subject to the safety of the craft and other persons on board. [Y2.30]

Memorandum of Understanding with airline carriers

A Memorandum of Understanding (MOU) exists between Immigration New Zealand (INZ) and certain airlines. The MOU records an agreed approach to border responsibilities between the parties, clearly assigns responsibilities in developing and implementing best practices to minimise the number of breaches of airlines' legislative responsibilities, and focuses on the level of airline infringements and their associated causes. [Y2.40]

If it is necessary to formally review the passenger check-in and processing procedures at a particular airport, the consent of the airline concerned must be obtained. [Y2.40]

Despite the existence of the MOU, INZ reserves the right to take appropriate action against carriers utilising any appropriate enforcement tools in order to encourage compliance, including prosecution. [Y2.40]

Persons returning to New Zealand through emergency

Under Y2.45, a holder of a temporary entry class visa who leaves New Zealand for another country and whose craft is forced to return to New Zealand because of an emergency or circumstances beyond their control must, upon application, be granted entry permission and a further temporary visa current for at least 14 days on their return if their visa has expired or is due to expire at any time between leaving New Zealand and 14 days after their return. [Y2.45] This provision does not apply if the person is subject to sections 15 or 16 of the Immigration Act 2009. [Y2.45]

People with expired resident visa arriving at the border

A person who has previously held a resident visa will be referred to an immigration officer on arrival in New Zealand if their resident visa has expired, whether or not they appear to meet the requirements for entry as a resident. [Y3.20]

Note: An RRV of limited duration issued under the Immigration Act 1987 is deemed to be a resident visa allowing travel to New Zealand for an unlimited number of journeys valid until its expiry date. The date a resident visa expires is the earlier of the day the holder left New Zealand (if the visa has no travel conditions allowing further travel) or the day after the last day specified by the travel conditions. [Y3.20]

Officer discretion for persons with expired resident visas:

If the person's foreign passport shows they held a resident visa, an appropriately delegated officer may give a special direction to waive any requirements for a visa and entry permission, and grant a resident visa and entry permission if the officer determines that the principal applicant would have met the criteria for a variation of travel conditions on the date their resident visa expired and those travel conditions would still be valid at the time of the current application, or would have met the criteria for a permanent resident visa on the date their resident visa expired and that date was less than 24 months before the current application. [Y3.20]
If the person is not eligible for a resident visa, the officer may grant a one-month temporary visa and entry permission. [Y3.20]
If the person's passport does not show a resident visa but the person claims to have been a resident, the immigration officer must establish whether the person was a resident and held a resident visa. If clearly established, the officer may permit entry under the resident visa grant pathway. [Y3.20] If the officer cannot clearly establish residency but is satisfied it is more likely than not, they may give a special direction and grant a one-month temporary visa and entry permission. [Y3.20] If the officer is not satisfied, they must grant a one-month temporary visa and entry permission if the person meets temporary visa requirements; otherwise, entry permission must be refused under section 107 of the Immigration Act 2009. [Y3.20]

A person granted a visa and entry permission under the resident visa pathway must be advised to apply for further travel conditions or a permanent resident visa to facilitate future travel. [Y3.20]

People refused entry permission (Y4)

If an immigration officer refuses entry permission to a person arriving in New Zealand (other than as a member of a mass arrival group), the person is liable for turnaround and: [Y4]

the person's visa(s) are cancelled; [Y4]
if detained in custody pending departure, the person is dealt with under Part 9 of the Immigration Act 2009; [Y4]
the person is placed on the first available craft leaving New Zealand. [Y4]

These measures are subject to New Zealand's obligations under the Refugee Convention and the Convention Against Torture. [Y4]

Excluded persons subject to sections 15 or 16 of the Immigration Act 2009 (Y4.1)

Under sections 15 and 16 of the Immigration Act 2009, entry permission must be refused to any person who is not listed in Y3.10(a) and who falls into one or more of the following categories: [Y4.1]

has been convicted and sentenced to imprisonment for a term of 5 years or more, or to an indeterminate period capable of running for 5 years or more; [Y4.1]
in the preceding 10 years, has been convicted and sentenced to imprisonment for a term of 12 months or more, or to an indeterminate period capable of running for 12 months or more; [Y4.1]
is subject to a current removal order under the Immigration Act 1987; [Y4.1]
is subject to a prohibition on entry under section 179 of the Immigration Act 2009 (or section 180); [Y4.1]
has been removed or deported from New Zealand under any enactment, subject to exclusions under section 15(3) of the Immigration Act 2009; [Y4.1]
is excluded from New Zealand under any enactment; [Y4.1]
has been removed, excluded, or deported from any country other than New Zealand; [Y4.1]
the Minister or an appropriately delegated immigration officer has reason to believe the person is likely to commit an imprisonable offence in New Zealand, is or is likely to be a threat or risk to security, public order, or the public interest, or is a member of a designated terrorist entity. [Y4.1]

An excluded person may be granted entry permission if an appropriately delegated immigration officer gives a special direction under section 17(1)(a) of the Immigration Act 2009 (see Special directions). [Y4.1] The visa granted should be of a type and duration appropriate to the reasons for the special direction. [Y4.1]

Additionally, entry permission and a limited visa may be granted to a person if: [Y4.1]

a certificate has been issued under specific sections of the Mutual Assistance in Criminal Matters Act 1992, and the limited visa is solely for the purpose of giving evidence or providing assistance under that Act or for transit; or [Y4.1]
the sole purpose is to enable the person to return to New Zealand to face a charge or serve a sentence. [Y4.1]

People who must be refused entry permission: general character concerns (Y4.5)

Entry permission must be refused to any person who is not listed in [Y3.10(a)] and who is not otherwise dealt with under [Y4.1], if the person: [Y4.5]

is arrested on arrival in New Zealand; or
possesses a forged, fraudulent, or improperly‑altered identity document or other official document; or
possesses a controlled drug (as defined in s 2 of the Misuse of Drugs Act 1975) without proper authority; or
possesses a prohibited import (as defined in s 5 of the Customs and Excise Act 2018) without proper authority.

Note: A person who possesses a controlled drug in an amount, level, or quantity at or over which the controlled drug is presumed to be for supply (under s 2(1A) of the Misuse of Drugs Act 1975) should instead be dealt with under [Y4.1] (excluded persons subject to section 15 or 16 of the Immigration Act 2009). [Y4.5]

UNSC-designated persons and entry permission (Y4.10)

Under Y4.10, entry permission must be refused to any person, except a person listed in [Y3.10(a)], who is described in RA9(a) (UNSC-designated persons and specified entities); and is not otherwise dealt with under [Y4.1]. [Y4.10] An immigration officer must contact the Ministry of Foreign Affairs and Trade when processing an application for entry permission from such a person. [Y4.10] Entry permission may only be granted to such a person on the advice of the Secretary of Foreign Affairs and Trade. [Y4.10]

These instructions operate in addition to the requirements of the Immigration Act 2009. [Y4.10]

For the definition of UNSC-designated persons and specified entities, see Restrictions on residence class visas.

People who must be refused entry permission: stowaways (Y4.20)

Entry permission must be refused to any person who is a stowaway, unless they are otherwise dealt with as an excluded person under [Y4.1] [Y4.20].

A stowaway is defined as a person who:

is carried in or on a craft without the consent of the carrier or the person in charge of the craft; and
is unlawfully in New Zealand; and
does not have any rights of appeal on humanitarian grounds so long as section 115 of the Immigration Act 2009 applies to them; and
is liable to be arrested and detained under Part 9 of the Immigration Act 2009; and
is liable for turnaround. [Y4.20]

The carrier and the person in charge of a craft must report the presence of a stowaway on board the craft as soon as practicable [Y2.20]. In most cases the ship's agent will have informed New Zealand Customs Service (Customs) or Immigration New Zealand well in advance of the craft's arrival. [Y4.20]

If there are reasonable grounds for believing that there are stowaways or other people intent on avoiding arrival procedures on board a craft, members of the New Zealand Police and Customs officers undertaking immigration duties have powers under the Immigration Act 2009 to enter and search that craft [Y3.25].

Action to deal with stowaways may begin as soon as the craft on which they are travelling crosses into New Zealand's territorial limits (12 nautical miles from the shore or baseline, as defined by the Territorial Sea and Exclusive Economic Zone Act 1977). [Y4.20]

Stowaways must be arrested and detained within 72 hours of the person first reporting or presenting to an immigration officer [D4.25]. After 72 hours have passed, stowaways can only be dealt with by way of deportation. [Y4.20]

People who must be refused entry permission unless granted as an exception to instructions: unable to meet relevant immigration instructions (Y4.25)

Entry permission must be refused to any person, except a person listed in [Y3.10(a)], who is not otherwise dealt with under [Y4.1] and: [Y4.25]

is unable to meet the requirements for entry permission or a visa under relevant instructions including (but not limited to):
1. having expired travel documents or no travel documents; or
2. having no visa, an inappropriate visa or an expired visa; or
3. having insufficient funds and no sponsorship; or
4. having no outward ticket; or
5. being previously refused entry permission to New Zealand; or
6. failing to meet the bona fide applicant requirement; or
7. failing to meet character requirements (see A5). [Y4.25]
no longer meets the requirements or purpose of the visa held (e.g. job no longer available). [Y4.25]

This catch‑all refusal ground applies when none of the specific mandatory refusal categories (such as Y4.1, Y4.5, Y4.10, or Y4.20) are triggered but the person simply cannot satisfy the core immigration instructions. [Y4.25] Immigration officers have limited discretion to grant entry permission by exception in such cases, except for persons who must be granted entry permission under Y3.10(a) or who are excluded persons under Y4.1. [Y4.25]

People who must be refused entry permission: holders of transit visas (Y4.30)

Entry permission must be refused to a person who holds a transit visa, except where an immigration officer exercises absolute discretion under Y4.30 to grant a visa and entry permission. [Y4.30] Holders of transit visas are not entitled to apply for entry permission or any other class or type of visa while in New Zealand during the transit period. [Y4.30]

An immigration officer may, in their absolute discretion, grant the person a visa and entry permission where the person holds a transit visa and the transit period has expired or the transit visa has been cancelled. [Y4.30] An immigration officer may cancel a transit visa at any time; if the transit visa is cancelled after the holder has arrived in New Zealand, the person is liable for turnaround. [Y4.30] An immigration officer may also, in their absolute discretion, extend the period for which the person may remain in New Zealand under the transit visa, or grant the person a visa and entry permission where the person's transit visa expires while the person is in New Zealand. If the immigration officer does not extend the visa or grant a visa and entry permission, the person is liable for turnaround. [Y4.30]

A person whose transit visa is cancelled after arrival, or who holds a transit visa and the transit period has expired, is subject to section 115 of the Immigration Act 2009. [Y4.30]

Note: Where a transit passenger mistakenly attempts to apply for a visa or entry permission, an immigration officer should not normally accept their application and should assist them to return to the transit area. [Y4.30]

People who may be refused entry permission: concealment of relevant information, including changed circumstances (Y4.35)

Under Y4.35, an immigration officer may refuse to grant entry permission to a person if satisfied that the person:

in applying for entry permission, whether personally or through an agent, submitted false or misleading information or withheld relevant information that was potentially prejudicial to the grant of the permission; or [Y4.35]
did not ensure that the Minister or an immigration officer was informed of any material change in circumstances between the time of being granted a visa and the time of applying for entry permission. [Y4.35]

For the purposes of Y4.35:

"applying for entry permission" only relates to the provision of information or documentation related to Immigration Act processes, not the activities of other agencies at the border (such as Customs); [Y4.35]
"material change in circumstances" means a change that may relate to the person applying for entry permission or another person included in the application, or may relate to any matter relevant to the Immigration Act 2009, immigration regulations or instructions. [Y4.35]

See also Immigration Act 2009 s 112. Y4.35 is distinct from section 58 assessments for visa applications (see False, misleading or withheld information under Section 58). [Y4.35]

People who may be refused entry permission: not supplying biometric information (Y4.40)

Under Y4.40, any person who applies for entry permission (irrespective of whether the application is still being considered, or whether entry permission has been granted or refused) must allow biometric information to be collected from them if required by an immigration officer. [Y4.40]

This requirement applies:

at any time before the person leaves the immigration control area, designated place, or prescribed place at which the application is made [Y4.40]
if the application is not made in New Zealand, at any time before the person leaves the immigration control area or prescribed place at which the person arrives in New Zealand. [Y4.40]

If a person fails to allow the biometric information to be collected, the Minister or an immigration officer may:

refuse to grant the visa or entry permission applied for; or
revoke any entry permission already granted, provided the person has not yet left the immigration control area, designated place, or prescribed place. [Y4.40]

This refusal ground complements the passenger responsibility to allow biometric collection set out in Y2.1, and the broader biometric information framework in A22. [Y4.40]

Revocation of entry permission for administrative error (Y5.1)

An immigration officer may revoke a person's entry permission before the person leaves the immigration control area where the error was made, if the immigration officer believes on reasonable grounds that the entry permission was granted as a result of an administrative error. [Y5.1]

Revocation takes effect immediately upon being entered into the Ministry's records. It may (but need not) be evidenced in a passport or certificate of identity. [Y5.1]

Entry permission is granted as a result of an administrative error if:

it is granted to a New Zealand citizen (unless the person is a New Zealand citizen entering New Zealand in the circumstances described in section 13(4)(b) of the Immigration Act 2009); or [Y5.1]
it is granted to an excluded person to whom section 15 or 16 of the Immigration Act 2009 applies, unless section 17(1)(a) applies; or [Y5.1]
it is granted contrary to a special direction or immigration instructions (unless an immigration officer deliberately and properly granted it as an exception to immigration instructions); or [Y5.1]
it is granted on the basis of, or in conjunction with, a visa that was itself granted on the basis of an administrative error, or a visa granted for a period exceeding that specified in instructions for a visa of that type (unless deliberately and properly granted as an exception), or a visa of a class or type other than that intended to be granted. [Y5.1]

If a person's entry permission is revoked for administrative error, the person's visa is automatically cancelled and the person is liable for turnaround. [Y5.1]

Decision-making process for refusal or revocation on administrative error (Y5.5)

Before deciding to refuse or revoke entry permission on the basis of an administrative error, an immigration officer must attempt to interview the person concerned. [Y5.5]

The officer must have regard to the principles of fairness and natural justice (see A1). [Y5.5]

When making the decision, the officer must consider all surrounding circumstances, including factors both for and against the grant of entry permission, such as: [Y5.5]

whether the person has compelling and genuine reasons to enter New Zealand; [Y5.5]
whether the person can take any action to meet the requirements for a visa and/or entry permission; [Y5.5]
whether there is any other impediment to the grant of a visa and entry permission. [Y5.5]

The immigration officer must record reasons for the decision to refuse or revoke entry permission and enter those reasons into the Ministry's records. [Y5.5]

Effect of refusal to grant entry permission and revocation of entry permission (Y5.10)

The effect of a refusal to grant entry permission is that:

any visa the person holds is cancelled; and
if the person has arrived in New Zealand, the person is liable for turnaround. [Y5.10]

The effect of revoking entry permission on the basis of administrative error is the same: visa cancellation and, if the person has arrived, liability for turnaround. [Y5.10]

Refugee or protection claims at port of entry

New Zealand has a general obligation to admit people who make a claim for refugee or protection status on arrival in New Zealand. [Y8.1] An indication of intent is all that is required to initiate the processing of a refugee or protection claim. [Y8.1] Immigration officers must give due consideration to people who wish to claim refugee or protection status, because they may be tired, disoriented, distressed, and incapable of communicating in English. [Y8.1]

People may express an intention to seek refugee or protection status in a variety of ways, to a representative of the Ministry of Business, Innovation and Employment or a constable, including statements such as: they have been persecuted; they are in fear of being persecuted; they have been imprisoned for political reasons; they are afraid of being imprisoned in their home country; they want to see the United Nations (UNHCR); they want to know if there is a United Nations office in New Zealand; they are 'stateless' or 'homeless'; they want to see a lawyer; they are afraid to return to their home country; they are in danger of being subjected to cruel, inhuman or degrading treatment if returned; they will be in danger of being arbitrarily killed; or they simply "do not want to return". [Y8.1]

No person who is a refugee or protection status claimant may be deported from New Zealand until their refugee or protection status has been finally determined. [Y8.1] This includes claimants who are not granted a visa and are subject to turnaround under section 115 of the Immigration Act 2009 — they may not be removed until their status is finally determined. [Y8.1]

Assessment against the general instructions at A16.2 will indicate where a person is not someone to whom a visa should be granted [Y8.1]. Other than where that applies, claimants may be granted temporary visas as outlined at E8.10 [Y8.1]. If the claimant holds a limited visa, they should be granted entry permission for the period required to achieve the express purpose for which the limited visa was granted, unless they are subject to sections 15 or 16 of the Immigration Act 2009 [Y8.1].

A representative of the Ministry of Business, Innovation and Employment may request that the claimant confirms their claim in writing in the prescribed manner. If a claimant does not confirm their claim in the prescribed manner (see C4.20) at the border, an immigration officer must advise that they have five working days to do so, or to otherwise establish contact with the Refugee Status Branch. If they do not do so their claim will be treated as not made, and they will become liable for deportation. [Y8.1] If the claimant holds a limited visa, they should be told that an application for a further limited visa will only be considered after they have confirmed their claim. [Y8.1]

Protection for claimants during refusal or revocation of entry permission (Y5.25)

If a person who is in the process of being, or has been, refused entry permission, or in the process of having their entry permission revoked, or has had their entry permission revoked, indicates that they wish to claim refugee or protection status, they must not be removed from New Zealand until their refugee or protection status has been finally determined, and then only if their claim is unsuccessful or if section 164(3) of the Immigration Act 2009 allows. [Y5.25]

Restrictions on freedom of movement for refugee or protection claimants (Y8.5)

Detention of asylum-seekers should normally be avoided and be a measure of last resort. [Y8.5] As seeking asylum is not an unlawful act, any restrictions on liberty imposed on persons exercising this right need to be provided for in law, carefully circumscribed and subject to prompt review. [Y8.5] In limited circumstances, however, immigration officers may consider restrictions on the freedom of movement of a refugee or protection claimant who is, or is potentially, liable for turnaround under Part 8 of the Immigration Act 2009. [Y8.5] This consideration should occur if, after interviewing the claimant, a preliminary assessment indicates that: [Y8.5]

the claimant's identity cannot be determined; or
there is a clearly identified risk of the claimant posing a risk to national security or public order; or
there is a clearly identified risk of the claimant absconding. [Y8.5]

Any recommended restriction on freedom of movement under Part 9 of the Immigration Act 2009 must be referred to the INZ Decision-making Panel on Restriction of Freedom of Movement of Asylum Claimants (the Panel). [Y8.5] If the Panel determines that a restriction is necessary, the decision is referred back to the immigration officer to implement. If the Panel determines that no restriction is necessary, the decision on the visa type and duration sits with the immigration officer. [Y8.5]

Mental health concerns alone are not a sufficient basis to recommend a restriction on an individual's freedom of movement. If an individual's behaviour raises concerns of this nature, immigration officers should engage with relevant domestic agencies, including Police or Health authorities. [Y8.5]

The process described applies when any form of restriction on freedom of movement is being considered, including but not limited to: [Y8.5]

limited detention under section 312 of the Act;
an initial period of detention under section 313 of the Act; or
residence and reporting requirements under section 315 of the Act. [Y8.5]

Note: Referrals to the Panel in respect of limited detention under section 312 will generally be provided to the Panel for its information and records, rather than for a Panel decision, given the tight timeframes and short period of any decisions made under section 312. These should still be provided to the Panel either prior to the decision being given effect or as soon as possible afterwards. [Y8.5]