Plain language law

New Zealand law explained for everyone

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:

“Turnaround status after release from custody or prison”

If you’re someone who is being turned around (sent back) by immigration, this law explains what happens if you’re put in jail or held by the police.

If you’re put in jail or held by the police, you’re still on turnaround for 72 hours after you get out. This means immigration can still send you back for three days after you’re released.

If you get arrested again within those 72 hours, you stay on turnaround until one of these things happens:

You get a visa and permission to enter New Zealand.

Your warrant to be held runs out, unless you get a new warrant or agree to live somewhere specific and report to immigration.

If you came with a large group of people, your special warrant for that situation runs out, unless you get a new warrant or agree to live somewhere specific and report to immigration.

This law helps immigration keep track of people they want to turn around, even if those people have been in trouble with the police.

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 It might be out of date or be missing some parts.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=DLM1440764.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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“When you are no longer considered to be at the border”

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Part 4 Arrivals 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 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.

            Notes
            • Section 117(4): amended, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).
            • Section 117(4)(c): inserted, on , by section 17 of the Immigration Amendment Act 2013 (2013 No 39).