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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 considered to be at the border”

Section 115 stops applying to you in certain situations. This happens when the earliest of these things occurs:

You have been in New Zealand for 72 hours after first meeting an immigration officer upon arrival. This doesn’t apply if you are arrested, detained, or dealt with under Part 9 before the 72 hours are up.

If your visa was cancelled because you left the immigration control area when an officer told you not to, Section 115 stops applying 72 hours after an immigration officer or police officer finds you. This also doesn’t apply if you are arrested, detained, or dealt with under Part 9 before the 72 hours are up.

Section 115 no longer applies if you are given a visa and entry permission.

It also stops applying when a warrant to keep you in custody ends, unless you get another warrant, are released with conditions under Part 9, or agree to live somewhere specific and report to immigration as required by section 315.

For people who arrive in a large group, Section 115 stops applying when the special warrant for that situation ends. This is unless you get another warrant, are released with conditions under Part 9, or agree to live somewhere specific and report to immigration as required by section 315.

These rules are subject to section 117.

If you are a stowaway (someone who hides on a ship or plane to travel for free), you are considered to have arrived in New Zealand when the vehicle you are on enters New Zealand’s territory.

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 It might be out of date or be missing some parts.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

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
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115: Arrest, detention, and turnaround of persons, or

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

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

“Turnaround status after release from custody or prison”

Part 4 Arrivals 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 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, 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)(e): inserted, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).