Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Core provisions and matters in relation to decision making - Persons unlawfully in New Zealand

18: Obligation of persons unlawfully in New Zealand to leave New Zealand

You could also call this:

“You must leave New Zealand if you're here without permission”

If you are in New Zealand without permission, you must leave. This rule applies even if you don’t know about it or don’t understand what might happen if you stay. The government doesn’t have to tell you about this rule for it to apply to you. However, if the government doesn’t tell you about the rule, you can still take them to court about it. But you can’t use that as a reason to stop them from making you leave New Zealand.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440602.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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17: Exceptions to non-eligibility for visa or entry permission, or

“When you might still be allowed to get a visa or enter New Zealand despite being ineligible”

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19: Duty of chief executive to communicate obligation to leave New Zealand, or

“Immigration chief must inform visitors about leaving New Zealand when visa expires”

Part 2 Core provisions and matters in relation to decision making
Persons unlawfully in New Zealand

18Obligation of persons unlawfully in New Zealand to leave New Zealand

  1. A person who is unlawfully in New Zealand has an obligation to leave New Zealand.

  2. The obligation under subsection (1) arises whether or not the person is aware of the obligation, or of the implications of not meeting it, and—

  3. that obligation, and any liability of the person to deportation or other action under this Act, is not affected by any failure or alleged failure of the chief executive to communicate the obligation and related implications under section 19; but
    1. nothing in paragraph (a) prevents any action from being brought in respect of such a failure or alleged failure in proceedings that are not directed towards preventing the deportation of any person.

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