Immigration Act 2009

Arrivals and departures - Turnaround provisions

116: When section 115 ceases to apply to person

You could also call this:

"When You Are No Longer Under Section 115 of the Immigration Act"

Illustration for Immigration Act 2009

You are a person who is subject to section 115. This section stops applying to you at the earliest of these times: when 72 hours pass after you report to an immigration officer, when 72 hours pass after an immigration officer finds you if your visa was cancelled, when you get a visa and entry permission, when a warrant of commitment ends, or when a mass arrival warrant ends. This is unless something else happens to you under Part 9 or you agree to some conditions. You are considered to have arrived in New Zealand when the craft you are on crosses into New Zealand's territory if you are a stowaway.

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 It might be out of date or be missing some parts.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=DLM1440761.

This page was last updated on View changes


Previous

115: Arrest, detention, and turnaround of persons, or

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


Next

117: When turnaround ceases to apply to person remanded in custody or imprisoned, or

"When you stop being liable for turnaround after being in custody or prison"

Part 4Arrivals and departures
Turnaround provisions

116When section 115 ceases to apply to person

  1. Section 115 ceases to apply to a person upon the earliest of the following:

  2. the expiry of 72 hours after the person (including a stowaway) first reports or presents to an immigration officer after arriving in New Zealand, unless that person is sooner arrested and detained or otherwise dealt with under Part 9:
    1. in the case of a person whose visa is deemed to be cancelled under section 64(1)(d)(ii), 72 hours after the time when the person is physically located by an immigration officer or a constable following the person’s leaving the immigration control area in contravention of the instruction of an immigration officer, unless the person is sooner arrested and detained or otherwise dealt with under Part 9:
      1. the person being granted a visa and entry permission:
        1. the expiry of a warrant of commitment issued under section 317, 317AA, or 318, unless a further warrant of commitment is issued or the person is released on conditions under Part 9 or agrees to residence and reporting requirements under section 315:
          1. in the case of a person detained under a mass arrival warrant issued under section 317B, the expiry of the mass arrival warrant, unless a further warrant of commitment is issued under section 317, 317AA, 317E, 318, or 323 or the person is released on conditions under Part 9, or agrees to residence and reporting requirements under section 315.
            1. This section is subject to section 117.

            2. For the purposes of this section, a stowaway is deemed to arrive in New Zealand at the time when the craft on which the stowaway is travelling crosses into the territorial limits of New Zealand.

            Compare
            Notes
            • Section 116(1)(d): amended, on , by section 16(1) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
            • Section 116(1)(e): inserted, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).
            • Section 116(1)(e): amended, on , by section 16(2) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).