Section 86 — Immigration Act 2009: Who must obtain transit visa

86 Who must obtain transit visa (1) A person intending to travel to and be in New Zealand only as a transit passenger must, before proceeding to New Zealand, apply for and obtain a transit visa. (2) Subsection (1) applies to the person unless he or she is classified as a person to whom a transit visa waiver applies— (a) by regulations made under section 400 ; or (b) by special direction of the Minister under subsection (4). (3) Regulations classifying persons as persons to whom a transit visa waiver applies— (a) may, without limiting the generality of the manner in which persons may be classified, classify persons by reference to all or any of the following: (i) their nationality: (ii) the country or place from which they are travelling (whether it be their original or intermediate point of departure): (iii) their immediate or ultimate destination after transiting through New Zealand: (iv) whether or not they hold, or are required to hold, any particular type of travel or immigration documentation, by whomever issued: (b) are subject to any special direction made under subsection (4) that suspends any relevant transit visa waiver. (4) The Minister may, by special direction that has effect for a period not exceeding 3 months,— (a) classify persons as persons to whom a transit visa waiver applies (whether by reference to the matters referred to in subsection (3)(a) or otherwise): (b) suspend any transit visa waiver specified in regulations for any class or classes of person. (5) A special direction made under subsection (4)— (a) must be published in the Gazette and notified in writing through diplomatic channels to any country concerned; and (b) expires at the end of the period of 3 months following the day on which it was made, unless sooner cancelled by the Minister by a further special direction, or by regulations. (6) A special direction made under subsection (4) may not be effectively continued in force by the making of a further special direction to the same or similar effect. (7) In this section, transit passenger means a person who— (a) arrives in New Zealand from another country while in transit to another overseas destination; and (b) throughout the entire period during which he or she is in New Zealand, remains— (i) on board the craft concerned; or (ii) in an immigration control area; or (iii) in the custody of the Police. Compare: 1987 No 74 s 14E(1)–(2D)