Immigration Act 2009

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

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

You could also call this:

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

The chief executive must tell you about your duty to leave New Zealand if your visa expires. This applies if you’re asking for a visa to come to New Zealand or to stay in New Zealand. The chief executive also needs to tell you that if you don’t leave when your visa expires, you might be deported.

The chief executive can tell you about this in different ways. They must put up notices in offices where visas are given out. They must also include this information on visa application forms. In areas where people enter the country, there should be notices that all temporary visitors can easily see. The Department will also put this information in materials they give to people who want to come to New Zealand.

The chief executive can share this information in one or more languages, whichever they think is best.

If you get a temporary visa that’s shown in your passport or identity certificate, it must say that you have to leave New Zealand before the visa runs out. If you don’t, you might be deported.

This information is explained in section 18 of the Immigration Act 2009.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440603.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments

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

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


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20: No right for person unlawfully in New Zealand to apply for visa, or

“People in New Zealand without permission can't apply to stay, except with special approval”

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

19Duty of chief executive to communicate obligation to leave New Zealand

  1. The chief executive must communicate to persons who are seeking visas to come to New Zealand or visas to be in New Zealand—

  2. the obligation to leave New Zealand created by section 18; and
    1. that a person who fails to meet that obligation is liable for deportation.
      1. Without limiting the means by which the chief executive may communicate those matters, he or she must provide the relevant information required by subsection (1)—

      2. at offices where visas are granted, by way of notices that can be readily seen by persons to whom it is likely to be of relevance:
        1. on application forms for visas:
          1. in immigration control areas, by way of notices that can be readily seen by all arriving temporary entrants:
            1. on informational material provided by the Department to persons who are interested in coming to New Zealand.
              1. The chief executive may communicate the information in 1 or more languages as he or she thinks fit.

              2. Any temporary entry class visa granted to any person that is evidenced by an endorsement in the holder’s passport or certificate of identity must contain words to the effect that the person must leave New Zealand before expiry of the visa, or face deportation.

              Compare
              Notes
              • Section 19(2)(c): amended, on , by section 11 of the Immigration Amendment Act 2015 (2015 No 48).