Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Deportation - Deportation

178: Executing deportation order

You could also call this:

“How you are made to leave New Zealand after getting a deportation order”

When you are told to leave New Zealand, you will get a deportation order. This order can be carried out as soon as it is given to you.

To make you leave, the people in charge can do a few things. They can take you into custody, which means they can hold you. Then, they can take you to an airport or a port. They will make sure you get on a plane or a ship and stay there until you leave New Zealand.

If you are in prison when you get a deportation order, you can only be made to leave if the Minister says it’s okay. The Minister has to follow a special rule called section 55 of the Parole Act 2002 to let you out of prison for this.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440872.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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177: Deportation order may be cancelled, or

“Immigration officers can cancel deportation orders in certain situations”

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179: Deported person may not enter New Zealand during period of prohibition on entry, or

“You cannot re-enter New Zealand for a set time after being deported”

Part 6 Deportation
Deportation

178Executing deportation order

  1. A deportation order may be executed once it has been served on the person subject to the order.

  2. A deportation order may be executed by—

  3. taking the person into custody; and
    1. escorting the person (or arranging for the person to be escorted) to an airport or port; and
      1. ensuring that the person is placed on board a craft and detained there until the person leaves New Zealand.

        1. A deportation order may be executed in respect of a person who is serving a sentence of imprisonment in a prison only if the Minister has ordered the release of the person in accordance with section 55 of the Parole Act 2002.