Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Arrivals and departures - Turnaround provisions

115: Arrest, detention, and turnaround of persons

You could also call this:

“Rules for people who aren't allowed to enter New Zealand”

When you arrive in New Zealand from another country, you might not be allowed to enter if you don’t have the right visa or permission. This can happen if:

You need a visa but don’t have one, or you’re refused one.

You have a visa, but it gets cancelled.

You’re a stowaway on a ship or plane.

You have a transit visa that gets cancelled or expires.

If any of these things happen to you, you’re considered to be in New Zealand illegally. This means you:

Can’t appeal on humanitarian grounds.

Might be arrested and detained as explained in Part 9 of the Immigration Act.

Can be sent back to the country you came from.

These rules help make sure that only people with the right permissions can enter New Zealand.

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 It might be out of date or be missing some parts.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=DLM1440760.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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114: Person failing to present and apply for entry permission, or

“Consequences for not presenting yourself or applying for entry permission when arriving in New Zealand”

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116: When section 115 ceases to apply to person, or

“When you are no longer considered to be at the border”

Part 4 Arrivals and departures
Turnaround provisions

115Arrest, detention, and turnaround of persons

  1. This section applies to any person arriving in New Zealand from another country who—

  2. is a person to whom a visa waiver applies and who fails to apply for a visa and entry permission or is refused a visa; or
    1. is not a person to whom a visa waiver applies and is not the holder of a visa granted under this Act; or
      1. holds a visa but—
        1. the visa is subsequently cancelled under section 64(1)(b), (c), (d), or (e); or
          1. the visa is cancelled under section 67 while the person is in an immigration control area (unless some other visa is granted to the person or the person is a New Zealand citizen); or
          2. is a stowaway; or
            1. after arriving in New Zealand, is a person whose transit visa is cancelled by an immigration officer under section 90; or
              1. is a transit passenger who holds a transit visa or is a person to whom a transit visa waiver applies, and the transit period concerned has expired.

                1. The person—

                2. is, for the purposes of this Act, unlawfully in New Zealand; and
                  1. does not have any rights of appeal on humanitarian grounds so long as this section applies to the person; and
                    1. is liable to be arrested and detained under Part 9; and
                      1. is liable for turnaround.

                        Notes
                        • Section 115(1)(f): replaced, on , by section 35 of the Immigration Amendment Act 2015 (2015 No 48).