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IPT Residence Appeals: 42 Days, NZD 964 and Form 1

A declined residence class visa can be appealed to the Immigration and Protection Tribunal on the grounds that the decision was wrong and/or special circumstances. The Tribunal must receive Form 1 and the NZD 964 fee within 42 days of notification, it cannot extend that deadline, and appeals are currently taking 12 to 13 months.

The Immigration and Protection Tribunal (IPT) is the independent body that hears appeals against residence class visa declines in New Zealand. It is not part of Immigration New Zealand (INZ). The appeal has a hard 42-day deadline, a non-refundable fee and its own counting rules, and it is decided on paper. This guide walks through each step as the Tribunal's Guide 1 (dated 27 May 2026), its forms and fees page and INZ's appeal page describe it, all read on 9 October 2026.

Which decisions can be appealed

Guide 1 says a residence appeal can be made under section 187 of the Immigration Act 2009 against:

an INZ decision declining an application for a residence visa;

an INZ decision cancelling a residence visa (granted while the holder was outside New Zealand) because the holder no longer meets the residence instructions in place when they applied;

an INZ decision that a residence visa holder cannot enter New Zealand; or

a decision by the Minister of Immigration that a person cannot have a residence visa because of classified information.

INZ adds one exclusion: the appeal is not available where the decision was based on the person being an excluded person. In the Guide, "residence visa" covers both resident visas and permanent resident visas. INZ's examples of residence class visas include the Skilled Migrant Category Resident Visa, the Straight to Residence Visa and the Permanent Resident Visa.

The two grounds

An appeal can rest on either or both of two grounds (Guide 1, section 4):

that INZ's decision "is not correct"; and/or

that the appellant has "special circumstances that mean the Minister of Immigration should make an exception to those residence instructions."

The first is about whether INZ applied the rules correctly to the application it had. The second accepts that the rules may not have been met and asks the Tribunal to recommend that the Minister consider an exception. Which ground, or both, is argued in a particular case is a judgement that depends on the facts and the decision letter.

The 42-day deadline and how to count it

Guide 1: "The Tribunal must receive your appeal no more than 42 days from the date on which Immigration New Zealand notified you of its decision." INZ adds that the fee must also be received within that time.

When notification happens:

registered post or courier: when it was delivered to the contact address;

email: the same day, because receipt is when it reached the person's email server (unless there is evidence it did not arrive that day).

If delivery cannot be established, the Guide deems notification to be 7 calendar days after sending by registered post or courier to a New Zealand address, 14 calendar days for an address outside New Zealand, and 3 working days after sending by email.

Counting: the 42 days include Saturdays and Sundays but exclude Waitangi Day, Good Friday, Easter Monday, Anzac Day, King's Birthday, Matariki Observance Day and Labour Day; the following Monday when Waitangi Day or Anzac Day falls on a weekend; 25 December to 2 January; the Monday (or Monday and Tuesday) after 1 January when it falls on a Friday or a weekend; and the anniversary day for the region where the person lives.

Late appeals: "No. Appeals must be lodged within the 42 days. The Tribunal has no power to give you more time." The Guide advises against leaving it to the last few days.

The fee

The Tribunal's forms and fees page lists the residence appeal fee as NZD 964, including GST (read 9 October 2026). The page says:

the fee must be paid or the appeal will not be accepted;

the fee cannot be waived;

dependent children under 18 included in the appeal need no extra fee; and

a fee is refunded only if the appeal is not accepted or is dispensed with under section 194(6)(a) or 195(7)(b) of the Immigration Act 2009.

Guide 1 adds that the fee is not refunded after a decision or on withdrawal, and that it must be paid in New Zealand dollars, through the Courts' "File and Pay" service if not paying in person or online.

How to lodge Form 1

The appeal is made on Form 1 – Residence Appeal. The steps INZ and Guide 1 set out:

Fill out Form 1. It can be completed online; the Tribunal notes the online form cannot be saved part-way.

Sign steps 7 and 8 of the form. Every other person included who is 17 or older signs step 7 to give individual consent.

Attach the supporting documents the form asks for.

Pay the fee.

Ways to lodge listed on the Tribunal's page: online; in person at the Tribunal or any court; by email to ipt@justice.govt.nz with proof of payment (followed by a hard copy, but treated as filed on the day the email arrives); by courier to Level 1, 41 Federal Street, Auckland; or by post to DX EX 11086, Auckland. The Tribunal warns not to send anything to the Federal Street address by ordinary post, because NZ Post will not deliver there.

The Tribunal then checks the right form was used and signed, that it arrived in time and that the fee was paid, and writes to say the appeal is lodged or needs correcting. If there is still time, it normally returns a defective form for correction.

Who can be included and who can represent

Partners and children can be included only if they were in the residence application made to INZ (Guide 1, section 11). Anyone under 18 is represented by a parent as their responsible adult, or one appointed by the Tribunal, unless they are married.

Appellants can represent themselves. A representative must be either a lawyer or a licensed immigration adviser ("this includes advisers outside New Zealand"), or a licence-exempt person under section 11 of the Immigration Advisers Licensing Act 2007: an unpaid, occasional helper such as a family member; a current MP or their staff; foreign diplomats and consular staff; government employees permitted by their employment agreement; or Community Law Centre or Citizens Advice Bureau staff and volunteers. Guide 1 says "these are the only representatives you are allowed to use."

If no representative can be found in time, the Guide says to lodge the appeal stating the appellant is representing themselves and add a representative later on Form 8 – Authority to Act.

Evidence: what the Tribunal looks at

Residence appeals are decided "on the papers"; the Tribunal does not meet the appellant in person. INZ sends the Tribunal the immigration file, so documents already given to INZ do not need to be sent again.

Guide 1 describes three kinds of extra information an appellant can include: information that existed at the time of the decision and was relevant but could not be provided then; information about an event after the decision that materially affects eligibility under residence instructions; and information showing special circumstances. For special circumstances the Guide lists examples such as legal submissions, statements from the appellant and family, photographs, letters from employers, medical records and information about affected children.

The Tribunal says it "cannot tell you which documents to send." Documents must be in English or translated by a competent translator, signed and dated if they are statements, and on letterhead where possible. The appellant must tell the Tribunal in writing about any change of address, contact details, representative or relevant circumstances.

Visa status while the appeal is pending

Lodging an appeal does not extend a visa. INZ says: "Asking the Tribunal to review its decision about a visa application does not change that or stop your current visa expiring."

INZ's page continues: a person with a valid visa can apply for any visa that fits the purpose of their stay; if the visa expires, they must leave New Zealand; a residence appeal can continue if the appellant leaves; and a person without a valid visa while appealing is unlawfully in New Zealand and "the deportation process can still start."

Timing, outcomes and the High Court

The Tribunal's website says residence appeals "are generally being determined within 12 to 13 months after the Tribunal receives them" (last updated 1 October 2026).

Guide 1 lists six possible outcomes: confirm INZ's decision; reverse it as incorrect (INZ must then grant a residence visa); reverse it because information properly before the Tribunal shows the grant would have been correct (INZ must grant); cancel it on the basis of additional information and send it back to INZ to consider as if a new application; cancel it and send it back for correct assessment where the Tribunal is not satisfied the application would have succeeded; or confirm it but recommend the Minister consider the special circumstances as an exception.

The Tribunal cannot reconsider its own decision. Leave to appeal to the High Court on a point of law, or judicial review, must be sought "no more than 28 days after you were notified of the Tribunal's decision", or the decision becomes final. Only lawyers can represent people in court. Published decisions do not include names or details that identify the appellant or family.

An appeal can be withdrawn at any time before the decision on Form 9 or by signed letter; the fee is not refunded.

When people bring in an adviser or lawyer

Nothing requires a representative, and the fee is the same either way. People usually engage a licensed adviser or lawyer to decide which ground to argue, to work out the exact 42-day date from the notification rules, and to prepare submissions and evidence for a decision made entirely on paper. That work typically starts with a review of the decline letter and INZ file, then a written agreement on scope and fees before lodging.

Migratio lists licensed immigration advisers so you can compare them and contact one directly. Every listing shows the adviser's licence number, which you can check on the IAA's public register before you book. We don't assess cases and don't tell anyone which visa or route fits them; that is the adviser's job.

Questions people ask

How much is an IPT residence appeal?

NZD 964 including GST, according to the Tribunal's forms and fees page (read 9 October 2026). Dependent children under 18 are included at no extra cost, the fee cannot be waived, and it is not refunded after a decision or on withdrawal.

Can the IPT accept a late residence appeal?

No. Guide 1 says appeals must be lodged within the 42 days and "the Tribunal has no power to give you more time."

How long does an IPT residence appeal take?

The Tribunal's website said on 1 October 2026 that residence appeals are generally being determined within 12 to 13 months after the Tribunal receives them.

Is there a hearing for a residence appeal?

No. Guide 1 says the Tribunal decides all residence appeals "on the papers", using the written information provided and INZ's file.

Can I stay in New Zealand while my residence appeal is decided?

The appeal does not extend a visa. INZ says a person must hold a valid visa to remain, may apply for any visa that fits their purpose while their visa is valid, and that without one they are unlawful and the deportation process can still start. The appeal can continue if the appellant leaves.

What is the IPT residence appeal form?

Form 1 – Residence Appeal, available online or as a download from the Ministry of Justice. Guide 1 explains how to complete it; steps 7 and 8 must be signed.

Sources

Last checked 2026-10-09.

Related guides

  • NZ Visa Declined: Reconsideration, IPT Appeals and Reapplying — Which routes exist after a decline depends on the visa type and where the person is. Temporary visa declines can be reconsidered by INZ in limited cases (14 days, NZD 220); residence declines can be appealed to the Immigration and Protection Tribunal (42 days, NZD 964).
  • Deportation Liability Notices in NZ: Reasons and Appeal Deadlines — A person can become liable for deportation by staying after a visa expires or through a deportation liability notice. Appeals go to the Immigration and Protection Tribunal, which must receive them within 28 or 42 days depending on the reason, and cannot accept late appeals.
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