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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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Special Directions from the Minister — NZ Immigration

When standard immigration pathways are closed, a Special Direction from the Minister may be an option. Absolute ministerial discretion under the Immigration Act 2009. Custom conditions, no legal right — privilege reserved for exceptional cases.

When standard immigration pathways are closed, a Special Direction from the Minister of Immigration may be an option.

A Special Direction under the Immigration Act 2009 allows the Minister to waive or bypass specific immigration rules for exceptional cases. The Minister has absolute discretion and can set custom conditions.

No person has a legal right to a Special Direction — it is a privilege reserved for genuinely exceptional circumstances.

What a Special Direction is

If you do not qualify for a resident or temporary visa — often due to serious character or medical issues — the Minister of Immigration has the power to issue a Special Direction. This allows the Minister to waive or bypass specific rules that would otherwise prevent you from obtaining a visa.

The Minister holds “absolute discretion” under the Immigration Act 2009 and can decide which criteria your application must satisfy, including custom conditions.

When a Special Direction is used

  • Character waivers — allowing entry for those with past deportation or serious legal issues
  • Medical exceptions — overcoming ASH findings for critical workers or family members
  • Fee and requirement waivers — bypassing standard requirements in exceptional circumstances
  • Inviting residency — the Minister can personally invite an individual to apply for residency
  • Varying conditions — changing work rights or stay duration of a visa otherwise locked by law

Important facts

  • No person has a legal right to be granted a Special Direction — it is a privilege
  • The Minister can attach specific custom conditions to any visa granted
  • These decisions are made at the highest level of government
  • Non-compliance with a Special Direction is a breach of visa conditions

Cost

  • Adviser professional fees: typically NZD 3,000–5,500 plus GST (fixed-fee disclosed upfront)

Practical next step

Special Direction requests are exceptional remedies — most cases that initially look like Special Direction candidates can actually be resolved via Character Waiver or Health Waiver pathways first. A proper assessment determines which route is realistic for your circumstances.

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.