Three very different doors, three very different deadlines — and picking the wrong one can cost you the right to stay.
Your visa has been declined, and suddenly you're surrounded by words that sound similar but aren't: reconsideration, appeal to the Tribunal, Section 61. They are not interchangeable. Each is for a different situation, each has its own deadline, and some close the moment another one opens. This guide explains which door is actually open to you, in plain English.
(If you received a warning letter before the decline, that was likely a PPI letter — and the time to act was then. See our guide on how to respond to a PPI letter.)
First, three questions decide your path
Before anything else, work out where you stand:
- Was it a temporary visa or a residence visa that was declined?
- Are you onshore (in New Zealand) or offshore?
- Do you still hold a valid visa, or are you now unlawful?
Your answers point you to one of the three options below.
Option 1 — Reconsideration (declined temporary visa, onshore)
A reconsideration asks Immigration New Zealand to look at the same temporary-visa decision again, this time through a different, equally senior or more senior officer (or the Minister). It's available only if you were in New Zealand on a valid visa when declined — and an interim visa counts — and you apply within 14 days of being notified of the decline. The fee is NZD $220.
Two things matter most here. First, you get one shot — the reconsideration result is final, and you can't ask for another. Second, lodging it doesn't extend your right to stay, but you can't be deported while it's being decided. Offshore applicants have no right to reconsideration, though an officer may reassess if you provide genuinely new and compelling information quickly.
This is best when the original decision overlooked something, misread your evidence, or applied the wrong policy — and you can show that clearly.
Option 2 — Appeal to the Immigration and Protection Tribunal (IPT)
The IPT is an independent, court-like body (part of the Ministry of Justice). It does not re-hear ordinary temporary-visa declines. Its main jobs are residence appeals, deportation appeals, and refugee/protection matters.
If your residence visa was declined, you can appeal to the IPT within 42 days of the decision — and this deadline is absolute. You can argue either or both of two grounds: that you met residence policy and INZ should have granted it, or that special circumstances justify an exception to policy. Be realistic about timing: residence appeals currently take many months (often around 8–12) to be decided.
If you've become unlawful (for example, your temporary visa was declined, your interim visa expired, and you're now without a visa), the relevant route is a humanitarian appeal against your liability for deportation, also to the IPT. You generally have 42 days from when you first became unlawful (or 28 days if you've been served a Deportation Liability Notice). The bar is high: you must show exceptional humanitarian circumstances that would make deportation unjust or unduly harsh, and that letting you stay isn't contrary to the public interest.
Option 3 — Section 61 request (you're already unlawful)
If your visa is gone and you're unlawfully in New Zealand, a Section 61 request asks INZ — at its absolute discretion — to grant you a fresh visa. There's no fee, but the trade-offs are serious: a senior officer at the Manukau office handles it, they have no obligation to even consider it or make enquiries, and you cannot appeal a Section 61 decision. It's also unavailable once a deportation order has been served. Treat it as a genuine last resort, supported by the strongest possible case.
At a glance
| Reconsideration | IPT — residence | IPT — humanitarian (deportation) | Section 61 | |
|---|---|---|---|---|
| For | Declined temporary visa | Declined residence visa | You're now unlawful | You're already unlawful |
| Where | Onshore only | Onshore or offshore | Onshore | Onshore |
| Deadline | 14 days | 42 days from decision | 42 days from going unlawful (28 if served a DLN) | No fixed deadline (before a deportation order) |
| Decided by | Different/senior INZ officer or Minister | Tribunal | Tribunal | Senior INZ officer (Manukau) |
| Appealable? | Final — one only | — | — | No appeal |
The clock is the real enemy
The single most common way people lose options is letting a deadline pass. Two dates to burn into memory after a decline:
- If you were on an interim visa, it expires 21 days after the decline — after that you're unlawful.
- A reconsideration must be in within 14 days, while you're still lawful.
Miss the 14-day reconsideration window and that door may be gone, leaving only harder paths. So the moment a decline arrives, work out your exact dates first — then decide.
How to choose (quick guide)
- Temporary visa, onshore, still hold a valid visa, and INZ got something wrong? → Reconsideration, fast.
- Residence visa declined? → IPT residence appeal within 42 days.
- Already unlawful, with strong humanitarian circumstances? → IPT humanitarian appeal (mind the 42/28-day clock).
- Already unlawful with no appeal route left? → Section 61, as a last resort.
- Sometimes the cleanest fix is a fresh, stronger application — but only where you're still lawful or applying from offshore.
Still planning ahead and worried about a document like your police certificate triggering trouble in the first place? See our police certificate guide for AEWV and visitor visas.
Can you use more than one option?
Often, yes — but the skill is in the order, not in firing everything at once. Your options can stack three ways: in sequence (one feeds into the next if it fails), in parallel (two run at once because different bodies decide them), or as two grounds inside a single appeal.
A few real-world patterns:
- Reconsideration, then a humanitarian appeal. If your onshore temporary visa is declined, a reconsideration buys you protection — you can't be deported while it's being decided. And if it's confirmed, your 42-day humanitarian appeal clock starts from that confirmation, not your original visa expiry. Done in the right order, you effectively get two attempts.
- One residence appeal, two grounds. A residence appeal to the IPT can argue both that you did meet policy, and that — if not — your special circumstances justify an exception. You plead both, so the Tribunal can find for you on either.
- An appeal plus a holding visa. Because a residence appeal can take many months, some people lodge a separate temporary visa application alongside it — the appeal challenges the decline, while the temporary visa keeps them lawful and onshore in the meantime.
- Section 61 as a reset. Once you're unlawful, a normal application isn't open to you. A successful Section 61 request (usually a temporary visa) restores lawful status — a platform from which to lodge a proper application or pursue a longer-term pathway.
If the main three are exhausted, two further discretionary doors exist: a Special Direction request and broader Ministerial Intervention, with judicial review as a limited backstop.
But stacking only works if you respect the hard limits: a reconsideration is one-shot and final; Section 61 vanishes the moment a deportation order is served and can't be appealed; you can't appeal deportation if your last visa was a limited visa; and every Tribunal deadline is absolute. The single biggest point is this: the order you play these in matters more than the list itself. Reconsidering first can extend your appeal window; letting the 14 days lapse can cost you both. So the first move after any decline is always to map your exact dates, then choose the sequence.
Because these combinations turn so heavily on your individual facts, this is firmly "talk to a licensed adviser" territory — the wrong move in the wrong order can quietly close a door you'll wish you'd kept open.
The bottom line
After a decline, the right move depends entirely on your visa type, your location, and whether you're still lawful — and the deadlines are short and unforgiving. Choosing well, quickly, is often the difference between staying and leaving.
These are exactly the high-stakes decisions where getting it wrong is expensive. Book a free 15-minute consultation or message us on WhatsApp at +64 21 227 4246, and we'll tell you honestly which path is realistic for your situation.
Living in NZ — IAA Licensed Immigration Advisers, Auckland. Phone +64 9 213 1677 · contactus@livinginnz.co.nz. General information only, not individual immigration advice. For the official rules, see immigration.govt.nz and the Immigration and Protection Tribunal.