What a special direction is in NZ immigration: a section 378 power letting the Minister waive or vary rules in absolute discretion for exceptional cases.
Written by the ProVisas Editorial Team. ProVisas is a licensed New Zealand immigration advisory firm (IAA Licence 201301110).
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.
If you do not qualify for a resident or temporary visa (often due to serious character or medical issues), a Special Direction can waive or bypass specific rules that would otherwise prevent you from obtaining a visa. The power sits in section 378 of the Immigration Act 2009, and a Special Direction can be made by the Minister of Immigration, the Associate Minister, or an INZ officer with the appropriate delegation.
The decision is in “absolute discretion” under the Act. That means there is no right to apply for one, no obligation on the decision maker to consider a request, and no requirement to give reasons. Custom conditions can be attached to anything granted.
Special Direction requests are exceptional remedies; most cases that initially look like Special Direction candidates can actually be resolved via a Character Waiver, Health Waiver, or a Section 61 request first. A proper assessment determines which route is realistic for your circumstances.
A special direction is a power under section 378 of the Immigration Act 2009 that lets the Minister of Immigration, the Associate Minister, or a delegated INZ officer overcome a legal obstacle or requirement in the Act or regulations, for example waiving a requirement or varying visa conditions in an exceptional case.
All special directions are discretionary powers under section 378 of the Immigration Act 2009. They are made in absolute discretion by the Minister of Immigration, the Associate Minister, or a delegated INZ officer, no person has a legal right to one, and they can carry custom conditions. Common uses include character waivers, medical exceptions, fee and requirement waivers, inviting residency, and varying visa conditions such as work rights or stay duration.
No. A special direction is made in absolute discretion, so there is no right to apply for one and no obligation on the decision maker to consider a request. People can still request one, but it is reserved for genuinely exceptional circumstances.
They are different powers. A section 61 request asks INZ to grant a visa to someone who is unlawfully in New Zealand. A special direction under section 378 is a broader power to waive or vary a requirement across many parts of the Act, and is not limited to people who are unlawful. Both are discretionary.
No. Because the decision is in absolute discretion, there is no right of appeal, and the only limited avenue is judicial review on narrow legal grounds. In most cases a character waiver, health waiver, or section 61 request is the more realistic route, which is what an assessment looks at first.
Source: immigration.govt.nz and the Immigration Act 2009 (section 378), verified as of 2026-06-26.
Last reviewed . Information may have changed since this article was reviewed. For your specific case, talk to a licensed immigration adviser.
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