Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Core provisions and matters in relation to decision making - Excluded persons

15: Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand

You could also call this:

“People with serious criminal records or past deportations can't enter New Zealand”

You can’t get a visa or entry permission to come to New Zealand if:

You have been convicted of a crime and sent to prison for 5 years or more at any time in your life.

You have been convicted of a crime and sent to prison for 12 months or more in the last 10 years.

You are not allowed to enter New Zealand for a certain time because of section 179 or 180.

You have been removed or deported from New Zealand at any time.

You are not allowed to enter New Zealand because of any law.

You have been removed, excluded, or deported from any other country at any time.

These rules apply even if your prison sentence was delayed or suspended. If you were convicted of more than one crime at the same time, we add up all the sentences as if it was one big sentence.

There are some exceptions to these rules. You might still be able to enter New Zealand if:

You were deported under an old law about shipping and seamen.

You were removed under an old law, but that removal order has ended or been cancelled.

You were deported under this law, but you are no longer banned from entering New Zealand.

You were deported for breaking certain old immigration rules.

These rules might not apply in some special cases, which are explained in section 17.

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 It might be out of date or be missing some parts.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=DLM1440598.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
Previous

14: Persons other than New Zealand citizens must hold visa to travel to and be in New Zealand, or

“Non-citizens need a visa to enter and stay in New Zealand”

Next

16: Certain other persons not eligible for visa or entry permission, or

“Who can't enter New Zealand due to security or crime risks”

Part 2 Core provisions and matters in relation to decision making
Excluded persons

15Certain convicted or deported persons not eligible for visa or entry permission to enter or be in New Zealand

  1. No visa or entry permission may be granted, and no visa waiver may apply, to any person—

  2. who, at any time (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 5 years or more, or for an indeterminate period capable of running for 5 years or more; or
    1. who, at any time in the preceding 10 years (whether before or after the commencement of this section), has been convicted of an offence for which the person has been sentenced to imprisonment for a term of 12 months or more, or for an indeterminate period capable of running for 12 months or more; or
      1. who is subject to a period of prohibition on entry to New Zealand under section 179 or 180; or
        1. who at any time (whether before or after the commencement of this section) has been removed or deported from New Zealand under any enactment; or
          1. who is excluded from New Zealand under any enactment; or
            1. who has, at any time, been removed, excluded, or deported from another country.

              1. Paragraphs (a) and (b) of subsection (1) apply—

              2. whether the sentence is of immediate effect or is deferred or is suspended in whole or in part:
                1. where a person has been convicted of 2 or more offences on the same occasion or in the same proceedings, and any sentences of imprisonment imposed in respect of those offences are cumulative, as if the offender had been convicted of a single offence and sentenced for that offence to the total of the cumulative sentences:
                  1. where a person has been convicted of 2 or more offences, and a single sentence has been imposed in respect of those offences, as if that sentence had been imposed in respect of a conviction for a single offence.

                    1. Subsection (1)(d) does not apply to a person who—

                    2. has been deported from New Zealand under section 158 of the Shipping and Seamen Act 1952; or
                      1. was subject to a removal order under section 54 of the former Act, if the removal order has expired or been cancelled; or
                        1. was deported under this Act but is not, or is no longer, subject to a period of prohibition on entry under section 179 or 180; or
                          1. has been deported from New Zealand under section 20 of the Immigration Act 1964 on the grounds of being convicted of an offence against section 14(5) or 15(5) of that Act.

                            1. This section is subject to section 17.

                            Compare
                            Notes
                            • Section 15(3)(c): replaced, on , by section 10 of the Immigration Amendment Act 2015 (2015 No 48).