Plain language law

New Zealand law explained for everyone

Immigration Act 2009

Deportation - Deportation

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

You could also call this:

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

If you are 18 years old or older and get deported from New Zealand, you can’t come back for a certain amount of time. This is called a ‘period of prohibition on entry’. How long you can’t come back depends on why you were deported.

If you made a mistake when applying for a visa, you might be allowed to come back right away. But if you were in New Zealand illegally, you might not be able to come back for 2 to 5 years. If you did something more serious, like using a fake identity or committing a crime, you might never be allowed to come back.

There’s a special rule if you’re only in trouble because you’re in New Zealand illegally. If you leave on your own before you’re given a deportation order, you won’t have a period when you can’t come back.

To figure out how long you can’t come back, the government looks at the reason given in your deportation order. If you didn’t get an order, they look at the notice that said you had to leave.

Remember, these rules are part of New Zealand’s laws about immigration. They help decide who can come into the country and when.

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 It might be out of date or be missing some parts.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=DLM1440874.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Government and voting > Government departments
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“How you are made to leave New Zealand after getting a deportation order”

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180: Deported person may not enter New Zealand until costs of deportation repaid, or

“You must repay deportation costs before re-entering New Zealand if deported”

Part 6 Deportation
Deportation

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

  1. A person 18 years of age or over who is deported from New Zealand may not return to New Zealand, or be granted a visa or entry permission, during the period of prohibition on entry that applies to the person as set out in the following table:

    The following table is small in size and contains 2 columns. Column 1 is headed Why person deported. Column 2 is headed Period of prohibition on entry (calculated from the date of deportation)
    Why person deported Period of prohibition on entry (calculated from the date of deportation)
    Section 155 applies (granted a visa as the result of an administrative error and visa not cancelled) none
    Section 154 applies (unlawfully in New Zealand), and person is subject to deportation order and deported not more than 12 months after date on which person became unlawfully in New Zealand 2 years
    Section 154 applies (unlawfully in New Zealand), and person is subject to deportation order and deported 12 months or more after date on which person became unlawfully in New Zealand 5 years
    Section 154 applies (unlawfully in New Zealand), and person is subject to deportation order, and it is second or subsequent time that person has been unlawfully in New Zealand 5 years
    Section 157 applies (sufficient reasons for temporary entry class visa holder to be deported) 5 years
    Section 159 applies (breached resident visa conditions) 5 years
    Section 156 applies (visa granted on basis of false identity) permanent prohibition
    Section 158 applies (fraud, forgery, etc, in relation to an application) permanent prohibition
    Section 160 applies (new information as to character becomes available) permanent prohibition
    Section 162 applies (refugee or protection status cancelled for fraud, forgery, etc) permanent prohibition
    Section 161 applies (residence class visa holder convicted of specified offence) permanent prohibition
    Section 163 applies (certified as person constituting threat or risk to security) permanent prohibition

  2. A person who is liable for deportation is not subject to any period of prohibition on entry if the person—

  3. is liable for deportation only on the grounds that the person is unlawfully in New Zealand; and
    1. leaves New Zealand voluntarily before he or she is served with a deportation order.

      1. For the purposes of subsection (1), the relevant provision for determining why the person was deported is—

      2. the provision under which the person became liable for deportation, as stated in the last deportation order served on the person; or
        1. if no deportation order was served on the person, the provision under which liability for deportation arose, as stated in the last deportation liability notice served on the person.

          Notes
          • Section 179(1) table: amended, on , by section 51(1) of the Immigration Amendment Act 2015 (2015 No 48).
          • Section 179(2): replaced, on , by section 51(2) of the Immigration Amendment Act 2015 (2015 No 48).
          • Section 179(3): inserted, on , by section 51(2) of the Immigration Amendment Act 2015 (2015 No 48).