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Section 61 — Request for Special Direction

Section 61 is a discretionary request to the Minister for a visa when you are unlawfully in New Zealand with no other category open. Not an appeal, not a stay of deportation, not available while you still hold a valid visa. Talk to a licensed adviser before lodging.

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Character Issues — NZ Immigration

Character issues don't automatically disqualify you from a NZ visa. Two pathways: Character Waiver (less serious) and Special Direction from the Minister (serious). Strict INZ deadlines, evidentiary requirements.

Having character issues does not automatically mean you cannot get a New Zealand visa — but it requires the right approach and careful preparation.

Immigration New Zealand requires all visa applicants to be of good character. Applicants may address character concerns through a Character Waiver or a Special Direction depending on severity.

What counts as character issues

  • Criminal convictions — including those that have expired in your home country
  • Pending arrests or investigations
  • Providing false or misleading information on visa applications
  • Failing to notify INZ of changed circumstances during processing
  • Past visa overstaying or deportation from any country
  • Exploitation of migrant workers
  • Breaching sponsorship requirements

Two pathways

Character Waiver — for less serious issues

For less serious character concerns, you can apply for a Character Waiver. You need to demonstrate to INZ that despite your past conviction or issue, you meet the good character requirements. This typically involves:

  • Evidence of rehabilitation
  • References
  • A strong written explanation of your circumstances

Special Direction — for serious issues

For serious character concerns, a Special Direction from the Minister of Immigration is required. Special Directions apply when:

  • Removal, exclusion, or deportation from any country
  • A sentence of 5 or more years imprisonment
  • A sentence of more than 1 year in the last 10 years
  • A ban on entering New Zealand
  • Being a threat to public order, interest, or security

See Special Directions guide for the Special Direction process.

How to address character issues

  1. Make a strong case — explain the background, why it occurred, and what you have done since
  2. Provide evidence — court records, character testimonials, rehabilitation evidence
  3. Be completely honest — misleading information will seriously damage your application
  4. Reference relevant law — your response must address specific character requirements
  5. Meet strict deadlines — INZ timeframes cannot be extended

Practical next step

If you have any past convictions, deportation history, or character matters, raise them with your adviser BEFORE lodging — strategy depends on severity, time elapsed, and rehabilitation evidence. A character matter raised proactively in a properly framed application is far more manageable than one that surfaces during INZ review.

Source: immigration.govt.nz — verified as of 2026-04-13.

Last reviewed . Information may have changed since this article was reviewed. For your specific case, talk to a licensed immigration adviser.