Liability for Deportation

At a glance

Liability for deportation arises from a variety of acts or omissions. The instructions specify when liability occurs, how it is communicated, the resulting consequences, and any appeal rights. Decision‑making authority rests with the Minister, who delegates powers to different Immigration New Zealand teams depending on visa class, except for security‑related decisions which remain with the Minister. [D2.5]

Definition

D2.5 establishes the framework for deportation liability under the Immigration Act 2009. It covers the grounds on which a person becomes liable, the method of notification, the legal consequences of being liable, and the availability of appeal rights. The instructions integrate the liability regime with operational procedures for enforcement. [D2.5]

Application in decisions

Immigration officers and delegated decision‑makers apply D2.5 when:

• deciding whether a person meets the criteria for deportation liability;
• communicating liability and its consequences to the affected individual;
• determining whether the liability attracts a right of appeal; and
• coordinating enforcement actions.

The Minister of Immigration retains the authority to make a person liable for deportation and generally delegates it as follows:

• For residence class visa holders: delegated to decision‑makers within Immigration New Zealand, specifically the Deportation team in the Resolutions unit at National Office. [D2.5]
• For temporary entry class visa holders: administered by the Compliance Operations Branch. [D2.5]
• The Minister cannot delegate decisions under section 163 of the Immigration Act 2009 (threat or risk to security). [D2.5]
• Immigration officers and the New Zealand Police have powers to locate and investigate persons unlawfully in New Zealand or otherwise liable for deportation, as detailed in instruction D5. [D2.5]
• Instead of arresting a person liable for arrest and detention, an immigration officer may agree with the person on residence and reporting requirements under D5.1. See Residence and Reporting Requirements for details.

Appeal rights: D3.5 confirms that a person who is or is made liable for deportation may have a right of appeal to the Immigration and Protection Tribunal. The detailed grounds and procedures for such appeals are set out in the Immigration Act 2009 and may vary depending on the ground of liability. [D3.5]

An 'appeal on humanitarian grounds' means an appeal to the Tribunal against liability for deportation on the grounds set out in section 207 of the Immigration Act 2009. [D3.60]

For persons unlawfully in New Zealand, a humanitarian appeal against deportation liability must be made no later than 42 days after first becoming unlawful. [D3.15] If the person became unlawful following an unsuccessful reconsideration of the decline of a temporary visa application, the 42‑day period runs from the later of the day they became unlawful or the day they received confirmation of the decline decision. [D3.15]

Humanitarian appeal test

When the Tribunal considers an appeal against liability for deportation on humanitarian grounds under section 207 of the Immigration Act 2009, it must allow the appeal only where it is satisfied that: [D3.65]

1. there are exceptional circumstances of a humanitarian nature that would make it unjust or unduly harsh for the appellant to be deported from New Zealand; and [D3.65]
2. it would not in all the circumstances be contrary to the public interest to allow the appellant to remain in New Zealand. [D3.65]

The test is conjunctive: both limbs must be met. The Tribunal's assessment involves a balancing exercise between the humanitarian circumstances and the public interest. This standard applies across all deportation liability grounds where a humanitarian appeal is available. [D3.65]

Interpretation & edge cases

• Class‑based delegation: The split between the Deportation team (residence) and Compliance Operations Branch (temporary) reflects the different investigation and enforcement pathways for each cohort. Advisers should confirm which team is handling a case to understand the procedure.
• Section 163 restriction: Because the Minister cannot delegate security‑related decisions, any case involving national security risks must be escalated directly to the Minister without exception.
• Investigation powers: Officers may use powers under D5 to identify and locate individuals before formal liability is established; therefore, someone under investigation may not yet be liable for deportation but could be subject to compulsion measures.

Specific grounds of deportation liability

D2.15 provides additional grounds on which a person becomes liable for deportation beyond the general framework in D2.5. These cover errors, breach of conditions, fraud, criminal offending, character issues, and security concerns. [D2.15]

Unlawfully in New Zealand

A person who is unlawfully in New Zealand is liable for deportation under section 154 of the Immigration Act 2009 [E3.65]. This ground of liability arises automatically from the person's unlawful status. For further requirements on being lawfully in New Zealand, see the lawful status instructions at D2.10.15 [D2.10.15].

Visa granted as a result of administrative error

A person is liable for deportation if the Minister or an immigration officer determines that their visa was granted as a result of an administrative error and was not later cancelled or replaced under the corrective provisions of the Immigration Act 2009. [D2.15]

Where the erroneous visa has not been cancelled, the corrective provisions include the grant of a further visa under E3.50. Under that provision, the Minister or an immigration officer may, in their absolute discretion, offer the holder a visa of an appropriate class and type as they consider appropriate; if the holder agrees, they grant that visa, resolving the liability for deportation. If the holder does not agree, liability remains. [E3.50]

A visa is granted as a result of an administrative error if, for example:

• it is granted to a New Zealand citizen (subject to limited exceptions);
• it is granted to an excluded person;
• the officer intended to grant a different type of visa;
• it is granted for a period longer than permitted by regulations or instructions, unless deliberately granted as an exception;
• it is granted on the basis of a visa that itself was granted in error; or
• it is granted in contravention of a special direction, immigration instructions (unless deliberately and properly granted as an exception), or certain Ministerial instructions. [D2.15]

Once a deportation liability notice is served for a visa granted in error, the holder of a temporary or interim visa has 14 days from the date of service to give good reason why they should not be deported. [D3.20] This right does not apply if the person holds a limited visa or if the Minister or an immigration officer determines they are an excluded person. [D3.20]

A person whose visa is cancelled as a result of an administrative error may appeal to the Immigration and Protection Tribunal against liability no later than 28 days after the date of service of a deportation liability notice, on the following grounds:

• if a residence class visa was held, on the facts and on humanitarian grounds;
• if a temporary or interim visa was held, on humanitarian grounds only. [D3.20]

Section Y6 confirms that visas in error are dealt with under the procedures set out in D2.15 and E3.50. [Y6]

Y6.1 provides a more immediate power of cancellation for administrative error. An immigration officer may cancel a visa that the officer believes on reasonable grounds was granted as a result of an administrative error if:

• the person has not left the arrival hall of the airport or port at which they arrived in New Zealand; or
• the visa was granted to a person in an immigration control area and the person is still in that area.

The cancellation takes effect immediately and is entered into the Ministry's records. If a visa is cancelled for administrative error, entry permission (if granted) has no effect and the person is liable for turnaround. [Y6.1]

The definition of administrative error for Y6.1(c) includes the following scenarios, which largely mirror the deportability grounds under D2.15:

• grant to a New Zealand citizen (unless entering in the circumstances described in section 13(4)(b));
• grant to an excluded person (unless section 17 applies);
• the officer intended to grant a visa of a different type;
• the visa was granted for a period exceeding the maximum specified in immigration instructions, unless deliberately and properly granted as an exception;
• it was granted on the basis of a visa that was itself granted in error;
• it was granted contrary to a special direction, immigration instructions (unless deliberately and properly granted as an exception), or an instruction under section 378(7); or
• it was granted on the basis of an administrative error in determining an earlier application. [Y6.1]

Decision to cancel a visa on the basis of administrative error (Y6.5)

When cancelling a visa on the basis of administrative error, an immigration officer must attempt to interview the person before doing so. The officer must have regard to the principles of fairness and natural justice (see Fairness and natural justice). [Y6.5]

The officer must consider all surrounding circumstances, including factors both for and against cancellation, such as:

• whether the person has compelling and genuine reasons to enter New Zealand [Y6.5];
• whether the person can take any action to meet the requirements for a visa and/or entry permission [Y6.5]; and
• whether there is any other impediment to the grant of a visa and entry permission. [Y6.5]

The immigration officer must also consider the effect of international conventions as outlined in Y5.20. [Y6.5] The officer must record the reasons for the decision to cancel the visa and enter those reasons into the Ministry's records. [Y6.5]

Customs officer referrals for administrative error cancellations

A Customs officer who cancels a person's visa granted as a result of administrative error may, despite the procedure in Y6.5(a), immediately grant the person a new visa. Otherwise, the officer must refer the person to INZ for consideration under Y6.5. [Y6.10]

In this context, "Customs officer" means a designated immigration officer under section 380 of the Immigration Act 2009. [Y6.10]

Visa held under false identity

A person who is liable for deportation under section 156 of the Immigration Act 2009 (visa held under false identity) may appeal to the Immigration and Protection Tribunal. The appeal rights differ depending on the visa class held. [D3.25]

Temporary or interim visa holders:

• May appeal on humanitarian grounds no later than 42 days after first becoming unlawfully in New Zealand. [D3.25]
• If the Minister determined that the visa was held under a false identity, the person has 14 days from the date of service of a deportation liability notice to give good reason why they should not be deported. [D3.25]

Residence class visa holders:

• May appeal on humanitarian grounds no later than 42 days after first becoming unlawfully in New Zealand. [D3.25]
• If the Minister determined that the visa was held under a false identity, the person may, no later than 28 days after the date of service of a deportation liability notice, appeal to the Tribunal on the facts against liability. [D3.25]

A prohibition on entry is permanent for persons deported on this ground (see Prohibition on entry table below). [D2.45]

Temporary entry class visa holder — for cause

A temporary entry class visa holder is liable for deportation if the Minister or an immigration officer determines there is sufficient reason. Sufficient reason includes, but is not limited to:

• breach of visa conditions;
• criminal offending;
• other character matters;
• concealing relevant information during the visa application; or
• the holder's circumstances no longer meet the rules or criteria under which the visa was granted. [D2.15][E3.60]

When an immigration officer determines that a temporary visa holder is liable for deportation on these grounds, a deportation liability notice may be served. Only officers holding the appropriate delegation may make that determination. The notice must comply with the requirements set out in the relevant instructions. [D2.15][E3.60]

A temporary entry class visa holder who is liable for deportation under section 157 of the Immigration Act 2009 has 14 days from the date of service of a deportation liability notice to give good reason why deportation should not proceed. [D3.30][E3.60] This right does not apply if the person is a holder of a limited visa or if the Minister or an immigration officer determines that the person is an excluded person. [D3.30][E3.60] The person may also appeal to the Immigration and Protection Tribunal on humanitarian grounds against their liability, not later than 28 days after the date of service of the deportation liability notice. [D3.30][E3.60]

Examples: the holder of a student visa who fails to attend their place of study without reasonable excuse, or the holder of a visitor visa who undertakes employment without authority. [E3.60]

U7.10 provides further specific guidance for student visa holders: breach of conditions (attendance, employment, holding insurance, living with a legal guardian) may make the student liable for deportation, and where a student is required to live with a legal guardian (see U3.30) and that guardian becomes liable for deportation, the student will also become liable. [U7.10]

Residence class visa holder — fraud, forgery, false or misleading information

A residence class visa holder is liable for deportation if:

• the person is convicted of an offence establishing that information provided in their residence application (or a prior visa application on which residence was based) was fraudulent, forged, false, or misleading, or that relevant information was concealed; or
• the Minister determines that such information was fraudulent, forged, false, or misleading, or that relevant information was concealed, even without a conviction. [D2.15]

Additionally, a former citizen who is deemed to hold a resident visa is liable for deportation if they were deprived of citizenship on grounds of fraud, false representation, or wilful concealment of relevant information that occurred when procuring the immigration status that enabled citizenship. [D2.15]

Appeal rights: A person liable for deportation under section 158 of the Immigration Act 2009 (fraud, forgery, false or misleading representation, or concealment of relevant information) may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Immigration and Protection Tribunal. [D3.35]

• If the person was convicted of an offence where it is established that the person's residence class visa or entry permission was procured, or was granted on the basis of a visa procured, through fraud, forgery, false or misleading representation, or concealment of relevant information — on humanitarian grounds only. [D3.35]
• If it is determined by the Minister that the person's residence visa class or entry permission was procured, or was granted on the basis of a visa procured, through fraud, forgery, false or misleading representation, or concealment of relevant information — on the facts and humanitarian grounds. [D3.35]
• If the person is deemed to hold a resident visa, and the person was deprived of citizenship — on humanitarian grounds only. [D3.35]

Effective 29/11/2010. [D3.35]

Residence class visa holder — breach of visa conditions

A resident is liable for deportation if the Minister determines that the conditions of their visa have not been met or have been materially breached. [D2.15]

Appeal rights: A person liable for deportation under section 159 of the Immigration Act 2009 (breach of resident visa conditions) may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Immigration and Protection Tribunal on both the facts and on humanitarian grounds. [D3.40]

Effective 29/11/2010. [D3.40]

Residence class visa holder — new character information

A residence class visa holder is liable for deportation if, within five years of first holding a residence class visa, new information becomes available that:

• relates to the person's character;
• was relevant at the time the visa was granted; and
• the Minister determines the person would not have been eligible for the visa had that information been available. [D2.15]

The new information may concern whether the person was, or should have been, an excluded person, or character criteria in immigration instructions. [D2.15]

Appeal rights: A person liable for deportation under section 160 of the Immigration Act 2009 (new character information) may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Immigration and Protection Tribunal on both the facts and on humanitarian grounds. [D3.45] Effective 29/11/2010. [D3.45]

Residence class visa holder — criminal offending

A residence class visa holder is liable for deportation if convicted, in New Zealand or overseas, of an offence within certain timeframes and penalty thresholds:

1. An offence carrying a potential sentence of 3 months or more imprisonment, committed while unlawfully in New Zealand, while holding a temporary visa, or within 2 years of first holding a residence class visa.
2. An offence carrying a potential sentence of 2 years or more imprisonment, committed within 5 years of first holding a residence class visa.
3. An offence resulting in a sentence of 5 years or more imprisonment (or an indeterminate period capable of running for 5 years or more), committed within 10 years of first holding a residence class visa.
4. An offence against specific Immigration Act provisions (s 350(1)(a) or s 351) committed within 10 years of first holding a residence class visa. [D2.15]

A person liable under this ground may appeal to the Tribunal on humanitarian grounds (and, if a refugee or protected person, against a decision that they may be deported) within 28 days of being served with a deportation liability notice. [D2.15][D3.50] For calculating the 2‑, 5‑, and 10‑year periods, any time spent in prison following conviction for any offence is excluded. Cumulative sentences are treated as a single sentence. [D2.15]

Determining when a person first held a residence class visa

For the criminal offending and new‑character grounds, the date a person first held a residence class visa is:

• if granted in New Zealand, the date the visa was granted;
• if granted overseas, the date of first arrival and grant of entry permission as a residence class visa holder;
• if the person re‑enters after a continuous absence of at least 5 years, the first re‑entry date;
• for a visa‑waiver person, the first re‑entry date after a continuous absence of at least 5 years. [D2.15]

Special rules apply for persons deemed to hold a residence class visa under transitional provisions. [D2.15]

Cancellation of refugee or protection status

A person who is not a New Zealand citizen and whose recognition as a refugee or protected person is cancelled under section 146 of the Immigration Act 2009 is liable for deportation. [D2.15] A holder of a residence class visa granted as a result of refugee or protection status may also be liable for deportation if the person suffers loss of refugee or protection status under C6. [S3.40]

Appeal rights: A person liable for deportation under section 162 of the Immigration Act 2009 (cancellation of refugee or protection status) may, not later than 28 days after the date of service of a deportation liability notice, appeal to the Immigration and Protection Tribunal against liability for deportation: [D3.55]

• on humanitarian grounds only, if the person has been convicted of an offence where it is established that they acquired recognition as a refugee or a protected person by fraud, forgery, false or misleading representation, or concealment of relevant information; or [D3.55]
• on the facts and on humanitarian grounds, in any other case. [D3.55]

Effective 29/11/2010. [D3.55]

Threat or risk to security

If the Minister certifies that a person constitutes a threat or risk to security, the Governor‑General may, by Order in Council, order the person's deportation. That person becomes liable for deportation. The Governor‑General may revoke the order. [D2.15]

Limitations on deportation

Refugee and protected person limitations

No person who is recognised as a refugee or a protected person, nor a refugee or protection status claimant, may be deported under the Immigration Act 2009. However:

• A refugee or a refugee claimant may be deported only if Article 32.1 or 33 of the Refugee Convention allows the deportation. [D2.20]
• A protected person may be deported to any place other than where there are substantial grounds for believing they would be in danger of torture (as defined in section 130(5) of the Immigration Act 2009), arbitrary deprivation of life, or cruel treatment (as defined in section 131(6) of the Immigration Act 2009). [D2.20]

Diplomatic and consular immunity

No person who is for the time being entitled to immunity from jurisdiction under the Diplomatic Privileges and Immunities Act 1968 (other than persons referred to in section 10D(2)(d) of that Act) or the Consular Privileges and Immunities Act 1971 may be deported under the Immigration Act 2009. [D2.20]

Transitional protection under Immigration Act 1987

Nobody may be deported under the Immigration Act 2009 if their deportation was prohibited under section 93 of the Immigration Act 1987. [D2.20.1]

Period of deportation liability

Residence class visa holders remain liable for deportation for 10 years after the liability arises. [D2.30]

The 10‑year period is calculated exclusive of:

• time spent in prison following conviction for any offence;
• any period during which the Minister suspends the liability under section 172 of the Immigration Act 2009, or the Immigration and Protection Tribunal suspends it under section 212 of the Immigration Act 2009. [D2.30]

A person who is unlawfully in New Zealand and liable for deportation under section 154 of the Immigration Act 2009 remains liable for deportation as long as they are unlawfully in New Zealand. [D2.30]

Liability when outside New Zealand

A person may become liable for deportation while outside New Zealand under any of sections 155 to 163 of the Immigration Act 2009. The relevant provisions of Part 6 and Part 7 of the Act apply as if the person were in New Zealand. [D2.30]

If a person outside New Zealand is liable for deportation and holds a visa, they may:

• appeal to the Immigration and Protection Tribunal against their liability;
• travel to New Zealand during the period in which the appeal can be made; and
• travel to New Zealand pending the determination of the appeal. [D2.30]

Effect of being liable for deportation

A person liable for deportation is prohibited from:

• applying for a visa if they are unlawfully in New Zealand; [D2.30][E2.45]
• applying for a visa of a different class or type if they currently hold a visa (they may only apply for a visa of the same class and type held before becoming liable for deportation). [D2.30][E2.45]

However, the Minister or an immigration officer may, in their absolute discretion, grant a visa of a different class or type to a person currently holding a visa. [D2.30][E2.45] Additionally, the Minister may, in their absolute discretion, grant a temporary visa to a person who is prohibited from applying for any visa under the above restrictions, including those who are unlawfully in New Zealand. [E2.45]

While a person is liable for deportation:

• processing of any application by the person for a visa of a different class or type must be suspended, except for applications referred back to the Minister or the Chief Executive by the Tribunal under section 188(1)(d) or (e) of the Immigration Act 2009; [D2.30]
• processing of any application for the grant of New Zealand citizenship under section 8 of the Citizenship Act 1977 or section 7(1)(b)(ii) of the Citizenship (Western Samoa) Act 1982 must also be suspended. [D2.30]

Deportation liability notice

When a person is liable for deportation and Immigration New Zealand intends to execute the deportation, a deportation liability notice must be served on that person. [D2.31]

The requirement to serve a notice does not apply if:

• the person is liable for deportation on the grounds of being unlawfully in New Zealand; or
• the person is named in a deportation order under section 163 of the Immigration Act 2009 (threat or risk to security). [D2.31]

The notice may be served by personal service. Only an immigration officer, or another person acting on behalf of an immigration officer, may serve the notice by personal service. [D2.31]

For the purpose of serving a deportation liability notice, an immigration officer may, without further authority than section 286 of the Immigration Act 2009, and using force if necessary:

• enter and search any building or premises at any reasonable time (day or night) where the officer believes on reasonable grounds the named person is present; and
• serve the notice. [D2.31]

Contents of the notice

A deportation liability notice must be signed by the Minister or an immigration officer and state: [D2.32]

1. the provision or provisions of the Immigration Act 2009 under which liability for deportation arose; [D2.32]
2. the ground or grounds on which liability for deportation arose; [D2.32]
3. if applicable, the right to give good reason, not later than 14 days after the date of service of the notice, as to why deportation should not proceed, and who that reason must be given to; [D2.32]
4. whether there is a right of appeal against liability for deportation and, if so:
   • what it is;
   • how to exercise it;
   • the time limit for lodging the appeal; [D2.32]
5. the length or period of prohibition on entry to New Zealand that the person may become subject to; [D2.32]
6. the consequences of attempting to return to New Zealand during the prohibition; [D2.32]
7. the requirement to repay any costs to the Crown of deportation; [D2.32]
8. if applicable, that a refugee and protection officer has determined that deportation of the person is not prohibited under section 164 of the Immigration Act 2009; and [D2.32]
9. if applicable, the grounds on which liability for deportation has been reactivated under section 172(3) or 212(3) of the Immigration Act 2009. [D2.32]

Giving reasons why deportation should not proceed

When a temporary entry class visa holder has the right to give good reason why deportation should not proceed and wishes to exercise that right, the submission must be made in writing by the person or their authorised representative [D3.70]. The written submission must be sent to the address specified in the deportation liability notice and must be received by Immigration New Zealand within 14 calendar days of the date of service of the deportation liability notice [D3.70].

In the written submission, the person should provide an address for communication and set out all the circumstances they would like the immigration officer to take into account [D3.70].

An immigration officer is not obliged to seek further information from the person or any other source when considering the written submission [D3.70]. However, if a written submission is made, it must be taken into account when considering whether to cancel the person's liability for deportation [D3.70].

The consideration must be conducted by a different immigration officer than the officer who served the deportation liability notice [D3.70]. The officer must also take into account the objective of Compliance instructions (see D1) [D3.70].

The person will be notified in writing of the officer's decision whether or not to cancel deportation liability as soon as reasonably practicable [D3.70]. The officer will be mindful of the period within which the person may appeal on humanitarian grounds to the Immigration and Protection Tribunal, where applicable [D3.70].

The officer must inform the person that any written submissions put forward were taken into account, and whether or not the decision that the person is liable for deportation has changed [D3.70].

Nothing prevents a person with appeal rights from lodging an appeal with the Immigration and Protection Tribunal against their liability for deportation before providing a written submission, or after providing a submission but before INZ's decision is made [D3.70]. It is the person's responsibility to ensure that an appeal to the Tribunal is submitted within the time specified in their deportation liability notice [D3.70]. The appeal period is not affected by the fact that the person has made a written submission to INZ about not proceeding with deportation [D3.70].

Cancellation or suspension of liability

Minister may cancel or suspend liability

The Minister of Immigration may at any time cancel a person's liability for deportation by written notice. [D2.35] The Minister may also suspend a residence class visa holder's liability for up to 5 years, subject to any conditions stated in the notice, which take effect no earlier than the date of notification. [D2.35] The Minister can exercise these powers regardless of whether the person has given good reason under sections 155(2), 156(2)(b), or 157(2) of the Immigration Act 2009, or has otherwise applied. [D2.35]

If a person fails to comply with the conditions of suspension, the Minister may reactivate the liability by serving a deportation liability notice setting out the grounds, and the person has 28 days to leave New Zealand (subject to section 175A(4) of the Immigration Act 2009). [D2.35] Where the person has appealed against liability, the Minister must notify the Immigration and Protection Tribunal of any cancellation, suspension, or reactivation. [D2.35]

The decision to cancel or suspend liability is in the absolute discretion of the Minister. [D2.35] If the person is in prison, the suspension period begins on the date of release. [D2.35] Cancellation or suspension does not prevent the person from becoming liable for deportation on other grounds. [D2.35]

Right of victims to make submissions

In deciding whether to cancel or suspend liability, the Minister must have regard to any written submissions made by a victim of an offence of which the person has been convicted and from which the liability arises. [D2.35] The Minister must, on request, provide a copy of the victim's submissions to the person's lawyer or agent. The person may be shown the submissions but may not keep a copy. [D2.35] The Minister may withhold any part of the submissions if necessary to protect the victim's physical safety or security, and must not have regard to any withheld part. [D2.35]

Service of deportation order

A deportation order is the formal instrument that compels a person to leave New Zealand, and it may only be served once the statutory waiting periods and appeal rights have been exhausted. [D2.40]

Authority to serve

A deportation order may be served only by an immigration officer (or another person acting on behalf of an immigration officer) or a constable. [D2.40] If the person liable for deportation is outside New Zealand, the order may be served only if they still hold a visa. [D2.40]

Timing of service

The first day on which a deportation order may be served depends on whether the person has a right to give good reason why deportation should not proceed, a right of appeal, or both. [D2.40]

• No right to give good reason or appeal: The order may be served immediately after the deportation liability notice is served, provided no such rights exist. [D2.40]
• Right to give good reason only:
  • If no submissions are made, the order may be served 15 days after the deportation liability notice is served. [D2.40]
  • If submissions are made and the decision-maker determines deportation should continue, the order may be served the day after the person is notified of that determination. [D2.40]
• Right of appeal only:
  • If no appeal is lodged, the order may be served the day after the appeal period expires. [D2.40]
  • If an appeal is lodged but withdrawn, the day after withdrawal. [D2.40]
  • If the appeal is decided and liability upheld, 28 days after the Tribunal determines the appeal, subject to any application for leave to appeal to the High Court. [D2.40]
• Both rights: The order may be served on the later of the two calculated dates. [D2.40]
• Breach of suspension conditions: If liability was suspended and then reactivated, the order may be served 28 days after service of the reactivating deportation liability notice, or on any later appeal‑based date. [D2.40]

Immediate service

A deportation order may be served immediately in specific situations: [D2.40]

• the person has been served with a deportation liability notice and has neither a right to give good reason nor a right of appeal;
• an Order in Council under section 163 of the Immigration Act 2009 has been made in respect of the person, who was unlawfully in New Zealand before 2 am on 29 November 2010, continues to be unlawfully in New Zealand, and has no right of appeal;
• the person held a limited visa that has expired, unless they have already been served with a deportation liability notice under the first situation.

Early service at the person's request

Notwithstanding the above timing rules, a deportation order may be served earlier if the person liable for deportation asks for it. [D2.40]

Prohibition on entry

A person 18 years or older who is deported from New Zealand may not return, or be granted a visa or entry permission, during the period of prohibition on entry that applies, as set out in the following table [D2.45]:

Reason for deportation	Prohibition period (from deportation date)
Section 155 of the Immigration Act 2009 applies (visa granted as administrative error, not cancelled)	None
Section 154 applies (unlawfully in NZ), deported within 12 months of becoming unlawful	2 years
Section 154 applies (unlawfully in NZ), deported 12 months or more after becoming unlawful	5 years
Section 154 applies, second or subsequent unlawful period	5 years
Section 157 applies (sufficient reasons for temporary entry visa holder to be deported)	5 years
Section 159 applies (breached resident visa conditions)	5 years
Section 156 applies (visa granted on basis of false identity)	Permanent
Section 158 applies (fraud, forgery etc. in an application)	Permanent
Section 160 applies (new character information)	Permanent
Section 162 applies (refugee/protection status cancelled for fraud)	Permanent
Section 161 applies (residence class visa holder convicted of specified offence)	Permanent
Section 163 applies (certified threat or risk to security)	Permanent

A person who is liable for deportation only because they are unlawfully in New Zealand, and who leaves voluntarily before being served with a deportation order, is not subject to any prohibition period. [D2.45]

The provision determining the reason for deportation is the one stated in the last deportation order, or if no order, the last deportation liability notice. [D2.45]

Attempting to re-enter during prohibition period

If a person subject to a prohibition period attempts to enter New Zealand, the period restarts from:

• the date of the unsuccessful entry attempt, or
• the date the person is deported again if re-entry was successful. [D2.45]

Transitional provisions (Immigration Act 1987)

These provisions govern how permits, removal orders, and deportation orders made under the Immigration Act 1987 continue to operate after the commencement of the Immigration Act 2009. [D2.50]

Revocation of temporary permits on grounds of administrative error (pre-2009)

A temporary permit granted under the Immigration Act 1987 as a result of an administrative error may be revoked, and the person's position dealt with, under D2.50.1. [D2.50.1]

Examples of administrative error include when the permit was: granted to a New Zealand citizen or an exempt person; granted to a person to whom section 7 of the 1987 Act applied; of a different type than intended; granted in contravention of a special direction, instruction, or government policy; granted for longer than permitted; or granted on the basis of an earlier erroneous visa/permit decision. [D2.50.1]

Instead of treating the person as liable for deportation under section 155 of the Immigration Act 2009, the immigration officer may, in their absolute discretion, offer and grant an appropriate visa with the person's agreement. [D2.50.1] If the person is still in the issuing office or arrival hall, the officer may cancel the permit (treated as a visa deemed held under section 415 of the 2009 Act) under section 67 of that Act as if it were granted under the 2009 Act. [D2.50.1]

Revocation of permits, removal orders, and deportation orders under the 1987 Act

After the repeal of the Immigration Act 1987, that Act continues to apply to a person:

• whose visa or permit was revoked under the 1987 Act (whether or not notice was served);
• who is subject to a removal order under the 1987 Act; or
• who is subject to a deportation order under the 1987 Act. [D2.50.5]

If an appeal to an appeals body other than the Refugee Status Appeals Authority had been lodged but not determined, it is completed under section 446 of the Immigration Act 2009. If the person was eligible to appeal but had not done so, section 447 of the 2009 Act applies. [D2.50.5]

If the person does not appeal or is unsuccessful, removal or deportation is executed as if it were a deportation under the 2009 Act, and the person is liable for arrest and detention under Part 9 of that Act. [D2.50.5]

Removal action — transitional provisions

A person who is subject to a removal order under the Immigration Act 1987 remains subject to it after the repeal; the 1987 Act provisions continue to apply. [D2.50.15] Immigration officers have the discretion to effect removal by having the person taken into custody by a constable or by monitoring their departure without custody, after considering all circumstances. [D2.50.15]

Who remains liable for removal after the repeal

A person who is unlawfully in New Zealand and is the subject of a removal order is liable to be removed. [D2.50.20]

Liability for deportation in respect of a deemed visa

A person may become liable for deportation under Part 6 of the Immigration Act 2009 in respect of a visa deemed to be held under section 415 or 417 of that Act, whether the reason for liability arose before or after the deemed holding. [D2.50.25] Time periods for deportation liability are calculated including any time that elapsed before the repeal during which the person held the corresponding permit, visa, or exemption. [D2.50.25]

Currency of removal orders issued under the 1987 Act

A removal order remains in force from service until 5 years have expired after the person is removed, unless cancelled earlier. [D2.50.30] If the subject was under 17 on the date the order was made, the order remains in force only until they are removed. [D2.50.30] The order remains in force despite the repeal of the 1987 Act. [D2.50.30]

Cancellation of a removal order issued under the 1987 Act

A removal order may be cancelled if it was issued in error, or if an immigration officer considers it appropriate to grant a visa under section 61 of the Immigration Act 2009. [D2.50.35] Designated officers may cancel the order by endorsing and personally serving a copy while the person is still in New Zealand; the cancellation directs immediate release from custody. [D2.50.35] If the person has already left or been removed, cancellation may be advised on Form 6 of the Schedule to the Immigration (Certificate, Warrant, and Other Forms) Regulations 2010. [D2.50.35]

Cancellation and consideration of a person's rights

No person has the right to apply for cancellation of a removal order. [D2.50.40] However, an immigration officer must consider cancelling the order if the person provides information about their personal circumstances that is relevant to New Zealand's international obligations. [D2.50.40]

In considering cancellation, the officer must have regard to any relevant international obligations but otherwise may decide as they think fit, with no obligation to apply any particular test (including the test in section 47(3) of the 1987 Act) or to make further inquiries. [D2.50.40] The officer is not obliged to give reasons, and section 23 of the Official Information Act 1982 does not apply. [D2.50.40] If international obligations are considered, the officer must record a description of those obligations and the facts about the person's circumstances. [D2.50.40]

Executing a removal order under the 1987 Act

A person subject to a removal order is liable for arrest and detention under Part 9 of the Immigration Act 2009. [D2.50.45] Execution occurs by placing the person on a craft leaving New Zealand. [D2.50.45] The Police may arrest without warrant and detain the person for up to 96 hours pending departure, and may continue to detain them on board to prevent them leaving the craft before departure. [D2.50.45]

When the person is an unmarried minor under 18 and no parent or guardian accompanies them, immigration officers must make reasonable efforts to contact the parent or guardian to agree on travel arrangements, nominate a responsible adult, and give the minor an opportunity to express views. [D2.50.50] Travel arrangements are made in consultation with the nominated responsible adult (or, if that is not possible, with the Director-General of Social Welfare). [D2.50.50]

Citations

• D2.5 — Liability for deportation
• D2.15 — Deportation liability: other grounds
• D2.20 — Limitations on deportation
• D2.20.1 — No deportation liability if deportation prohibited under Immigration Act 1987, Transitional provisions
• D2.30 — Period of deportation liability
• D2.31 — Deportation liability notice
• D2.32 — Contents of deportation liability notice
• D2.35 — Cancellation or suspension of deportation liability
• D2.40 — Deportation
• D2.45 — Prohibition on entry
• D2.50 — Transitional instructions
• D2.50.1 — Revocation of temporary permits granted under the Immigration Act 1987 on grounds of administrative error
• D2.50.5 — Revocation of permits, removal orders and deportation orders under the Immigration Act 1987
• D2.50.15 — Removal action: transitional provisions
• D2.50.20 — Who remains liable for removal after the repeal of the Immigration Act 1987
• D2.50.25 — Liability for deportation in respect of a deemed visa
• D2.50.30 — Currency of removal orders issued under the Immigration Act 1987
• D2.50.35 — Cancellation of a removal order issued under the Immigration Act 1987
• D2.50.40 — Cancellation and consideration of a person's rights
• D2.50.45 — Executing a removal order under the Immigration Act 1987
• D2.50.50 — Removal of an unaccompanied minor under the Immigration Act 1987
• D3.5 — Appeals to the Tribunal against liability for deportation
• D3.15 — Deportation liability if person unlawfully in New Zealand
• D3.20 — Deportation liability if person's visa granted in error
• D3.25 — Deportation liability if visa held under false identity
• D3.30 — Deportation liability of temporary entry class visa holder for cause
• D3.35 — Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc.
• D3.40 — Deportation liability of resident if visa conditions breached
• D3.45 — Deportation liability of residence class visa holder if new information as to character becomes available
• D3.50 — Deportation liability of residence class visa holder convicted of criminal offence
• D3.55 — Deportation liability if refugee or protection status cancelled under section 146 of the Immigration Act 2009
• D3.60 — Definition of Appeal on Humanitarian Grounds
• D3.65 — Grounds for determining a humanitarian appeal
• D3.70 — When a temporary entry class visa holder gives reasons why deportation should not proceed
• E2.45 — Eligibility for visa pending liability for deportation
• E3.50 — Grant of further visa where visa granted in error
• E3.60 — Deportation liability of temporary entry class visa holder for cause
• E3.65 — Deportation liability if person unlawfully in New Zealand
• D2.10.15 — The requirement to be lawfully in New Zealand
• S3.40 — Liability for deportation on cancellation of refugee or protection status
• U7.10 — Student visa holders liable for deportation
• Y6 — Visas in error
• Y6.1 — Cancellation of visa for administrative error
• Y6.5 — Making a decision to cancel a visa on the basis of administrative error
• Y6.10 — Referrals from Customs officers: not needed if new visa immediately granted