Immigration Act 2009

Arrivals and departures - Turnaround provisions

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

You could also call this:

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

Illustration for Immigration Act 2009

You are liable for turnaround if you are remanded in custody or imprisoned for suspected criminal offending. You remain liable for turnaround until 72 hours after you are released from custody or imprisonment. If you are arrested and detained again within 72 hours, you stay liable for turnaround. You stay liable for turnaround until you get a visa and entry permission. You also stay liable if you are imprisoned under a warrant, unless you are released on conditions or agree to certain requirements. There are special rules if you are detained under a mass arrival warrant. You can check the rules under section 317, 317AA, or 318 for more information. You can also look at Part 9 or section 315 for more details.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440764.

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


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Part 4Arrivals and departures
Turnaround provisions

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

  1. Subsection (2) applies to a person who is—

  2. liable for turnaround; and
    1. remanded in custody for suspected criminal offending, or imprisoned in a prison for criminal offending.
      1. The person remains liable for turnaround until the expiry of 72 hours after the person is released from custody or imprisonment.

      2. Subsection (4) applies to a person who is liable for turnaround and who is arrested and detained not later than 72 hours after he or she has been released from custody or imprisonment for suspected criminal offending, or criminal offending.

      3. The person remains liable for turnaround until the earliest of the following:

      4. the person is 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.
            Notes
            • Section 117(4): amended, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).
            • Section 117(4)(b): amended, on , by section 17(1) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
            • Section 117(4)(c): inserted, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).
            • Section 117(4)(c): amended, on , by section 17(2) of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).