Immigration Act 2009

Offences, penalties, and proceedings - Penalties

355: Penalties: general

You could also call this:

"What happens if you break immigration rules"

If you break certain immigration rules, you can get in trouble. You might have to go to prison or pay a fine. The punishment depends on what you did wrong. If you do something against sections like section 342(1)(b), 343(1)(a), or 345, you could go to prison for up to 7 years or pay up to $100,000. You can also get in trouble for other things, like breaking section 343(1)(b) or (c)(i). Then you might have to pay a fine or go to prison for up to 7 years for each person involved. Some rules have smaller punishments, like section 342(1)(c) or 344(c) or (d). Then you might go to prison for up to 3 months or pay up to $10,000. If you break a rule and there's no specific punishment, you might have to pay up to $5,000. In some cases, the court can also make you pay for costs like deporting someone.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1441164.

This page was last updated on 24 December 2025 — View changes

Topics:

Immigration and citizenship > VisasImmigration and citizenship > Border controlCrime and justice > Police and safety

354: Failure to maintain confidentiality in relation to refugee or protection matters, or

"Keeping refugee and protection information confidential"

356: Penalties: carriers, and persons in charge, of craft, or

"Punishments for craft carriers and operators who break immigration rules"

Part 10Offences, penalties, and proceedings
Penalties

355Penalties: general

A person convicted of an offence against section 342(1)(b), 343(1)(a), 345, 348, or 351A is liable to imprisonment for a term not exceeding 7 years, a fine not exceeding $100,000, or both.
A person convicted of an offence against section 343(1)(b) or (c)(i) is liable to imprisonment for a term not exceeding 7 years, a fine not exceeding $100,000, or both, for each person in respect of whom the offence was committed.
A person convicted of an offence against section 342(1)(c), 343(1)(d), 344(c) or (d), or 354 is liable to imprisonment for a term not exceeding 3 months, a fine not exceeding $10,000, or both.
A person convicted of an offence against section 346 is liable to imprisonment for a term not exceeding 12 months, a fine not exceeding $15,000, or both.
A person convicted of an offence against section 353(2)(d) is liable to a fine not exceeding $3,000.
A person convicted of an offence against this Act, or against any regulations made under this Act, for which no specific penalty is provided in the Act or regulations is liable to a fine not exceeding $5,000.
Where any person is convicted of an offence against section 343(1)(d) in respect of any person who is or was unlawfully in New Zealand, the court may, instead of or in addition to any other sentence that it may impose in respect of the offence, order that the offender pay the whole or any specified portion of the costs incurred or likely to be incurred in deporting the person in relation to whom the offence was committed.
For the purposes of subsection (6), the costs incurred or likely to be incurred in deporting a person include—
the costs of locating, detaining, and maintaining the person; and
internal travel costs for the person; and
external travel costs for the person.

Compare

1987 No 74 s 144

Notes

Section 355(1): amended, on 28 November 2025, by section 58 of the Immigration (Fiscal Sustainability and System Integrity) Amendment Act 2025 (2025 No 75).
Section 355(4A): inserted, on 14 November 2018, by section 105 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
Section 355(5): replaced, on 7 May 2015, by section 87 of the Immigration Amendment Act 2015 (2015 No 48).