Immigration Act 2009

Preliminary provisions

10: Meaning of deported

You could also call this:

“What it means to be deported from New Zealand”

When you are deported from a country, it means you have to leave that country because the government, an official, or a court has ordered you to go. This can happen even if the country’s government pays for you to leave.

It’s important to know that if you are sent to another country because they want you for a crime (this is called extradition), it doesn’t count as being deported.

In New Zealand, you are considered deported if you leave the country in these situations:

  1. You leave on or after the day when you can be given a deportation order.
  2. You leave after you have been given a deportation order.
  3. You leave when you are not allowed to enter New Zealand.
  4. You are given a deportation order when you are outside of New Zealand.
  5. You were deported from New Zealand under an older law.

Sometimes, the New Zealand government might pay for you to leave, but this doesn’t change whether it counts as deportation or not.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440589.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control

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Part 1 Preliminary provisions

10Meaning of deported

  1. For the purposes of this Act, a person is deported from a country if the person leaves the country (whether or not at the expense of the government of the country) and an order for the person's departure made by the government of the country, an authorised official of the country, or a judicial authority in the country, is in force.

  2. For the purposes of this Act, a person is not deported from a country merely because the person is surrendered to another country in accordance with a request for the extradition of the person to that country.

  3. For the purposes of this Act, a person is deported from New Zealand if—

  4. the person leaves New Zealand (whether or not at the expense of the Government of New Zealand)—
    1. on or after the date on which a deportation order may be served on the person under section 175A; or
      1. after a deportation order has been served on the person; or
        1. while he or she is subject to a prohibition on entry to New Zealand under section 179 or 180; or
        2. the person is served with a deportation order when he or she is outside New Zealand; or
          1. the person was deported from New Zealand under the former Act.
            Notes
            • Section 10(3)(a)(i): amended, on , by section 8 of the Immigration Amendment Act 2015 (2015 No 48).