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Immigration Act 2009

Offences, penalties, and proceedings - Penalties

355: Penalties: general

You could also call this:

“Penalties for breaking immigration laws in New Zealand”

If you break certain immigration laws, you can get in trouble. The punishment depends on which law you break.

For some serious offences, you could go to jail for up to 7 years, pay a fine of up to $100,000, or both. These offences include helping someone enter New Zealand illegally or letting an unlawful worker work for you.

If you help more than one person enter New Zealand illegally, you could get this punishment for each person you helped.

For less serious offences, like not answering questions from an immigration officer, you might go to jail for up to 3 months, pay a fine of up to $10,000, or both.

If you employ someone who isn’t allowed to work, you could go to jail for up to 12 months, pay a fine of up to $15,000, or both.

If you don’t follow the rules of the Immigration and Protection Tribunal, you might have to pay a fine of up to $3,000.

For any other offence where a specific punishment isn’t mentioned, you might have to pay a fine of up to $5,000.

If you let someone stay in New Zealand when they’re not allowed to, the court might make you pay for sending that person back to their country. This includes the cost of finding them, keeping them in custody, and their travel expenses.

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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.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Crime and justice > Criminal law
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354: Failure to maintain confidentiality in relation to refugee or protection matters, or

“Keeping refugee and protection information confidential”

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

“Punishments for craft carriers and operators who break immigration rules”

Part 10 Offences, penalties, and proceedings
Penalties

355Penalties: general

  1. A person convicted of an offence against section 342(1)(b), 343(1)(a), 345, or 348 is liable to imprisonment for a term not exceeding 7 years, a fine not exceeding $100,000, or both.

  2. 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.

  3. 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.

  4. 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.

  5. A person convicted of an offence against section 353(2)(d) is liable to a fine not exceeding $3,000.

  6. 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.

  7. 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.

  8. For the purposes of subsection (6), the costs incurred or likely to be incurred in deporting a person include—

  9. the costs of locating, detaining, and maintaining the person; and
    1. internal travel costs for the person; and
      1. external travel costs for the person.

        Compare
        Notes
        • Section 355(4A): inserted, on , by section 105 of the Tribunals Powers and Procedures Legislation Act 2018 (2018 No 51).
        • Section 355(5): replaced, on , by section 87 of the Immigration Amendment Act 2015 (2015 No 48).