Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Arrivals and departures - Special provision for emergencies, etc

121: Persons deemed not to leave New Zealand in certain circumstances

You could also call this:

“When you're forced to return to New Zealand before reaching another country”

If you leave New Zealand on a boat, plane, or other transport, but have to come back before you get to another country, the law might say you never actually left New Zealand. This can happen in two ways:

  1. There’s an emergency with your transport, and it has to turn around and come back to New Zealand.
  2. You have to return to New Zealand because of some other emergency or something else you can’t control.

However, this rule doesn’t apply to you if you’re someone who has to be turned around at the border (this is called being “liable for turnaround” in the law).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440770.

Topics:
Immigration and citizenship > Border control
Transport and travel > Air travel
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120: Persons other than New Zealand citizens leaving New Zealand to allow biometric information to be collected, or

“Non-citizens must provide biometric data when leaving New Zealand”

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122: Special provisions relating to persons returning to New Zealand in emergency or other circumstances beyond their control, or

“Rules for re-entering New Zealand during emergencies or unexpected events”

Part 4 Arrivals and departures
Special provision for emergencies, etc

121Persons deemed not to leave New Zealand in certain circumstances

  1. For the purposes of this Act, a person is deemed not to leave New Zealand if he or she departs for another country on any craft and, before arriving in another country,—

  2. is forced to return to New Zealand by reason of any emergency affecting the craft; or
    1. returns to New Zealand because of any other emergency or circumstances beyond that person’s control.

      1. Subsection (1) does not apply to a person liable for turnaround.