Deportation Objective
Specifies how people may become liable for deportation, the meaning and consequences of liability, any rights of appeal against deportation and how deportation will be executed.
- Status
- active
- Updated
- 2026-04-27
- Also known as
- D2.1 Objective
- Sources
- D2.1
At a glance
The Deportation Instructions (D2.1) set out how individuals become liable for deportation, the meaning and consequences of liability, appeal rights, and how deportation is executed. The aim is to maintain the integrity of New Zealand’s immigration laws by detecting and addressing breaches appropriately. [D2.1]
Definition
The objective of the Deportation Instructions is detailed in D2.1: to specify the process of deportation liability, its consequences, appeal rights, and execution. These instructions integrate the liability regime under the Immigration Act 2009, replacing the earlier regime of permit revocation, removal, and deportation under the Immigration Act 1987. Transitional provisions ensure that certain 1987 Act provisions still apply in specific circumstances after the 2009 Act takes effect. [D2.1]
Application in decisions
Immigration officers handling deportation matters—such as determining liability, issuing deportation orders, or considering appeals—must apply the framework set by the Deportation Instructions. The objective guides the overall purpose: maintaining the integrity of the immigration system while ensuring breaches are dealt with fairly and lawfully. [D2.1]
Interpretation & edge cases
- Transitional provisions: Some individuals may still be subject to the pre-2009 regime (revocation, removal) due to transitional arrangements. Officers must determine which statutory framework applies based on the timing of the breach or the individual’s status. [D2.1]
- Liability triggers: The instructions detail various grounds for deportation liability (e.g., overstaying, breach of conditions, criminal offending). The objective ensures these are consistently applied. [D2.1]
- Appeal rights: The existence and scope of appeal rights are determined by the relevant sections of the instructions, not by a general right; officers must check the specific instruction for the circumstance.
Citations
Liability for Deportation
Specifies when a person is liable for deportation, how liability is communicated, its consequences including prohibition on entry, appeal rights, and limitations on who may be deported.
Employer accreditation stand down periods
Sets out the stand down periods that apply when an employer or key person receives a fine under the Immigration Act 2009, resulting in accreditation being declined or revoked.